| Chapter II Jurisdiction and participants to the constitutional legal proceedings
Article 10 1. The issues defined in Article 19 of the Organic Law of Georgia on the Constitutional Court of Georgia shall fall under the jurisdiction of the Constitutional Court of Georgia. (12.02.02 №1270 ) 2. The issues, falling under the jurisdiction of the Plenum and of a Board of the Constitutional Court, shall be circumscribed by paragraphs 1-4 of Article 21 of the Organic Law of Georgia on the Constitutional Court of Georgia. (12.02.02 №1270)
Article 11 1. The Constitutional Court shall not be authorized to discuss about conformity of the whole law or other normative act with the Constitution, if a claimant or an author of the constitutional submission requests only recognition of a certain rule (provision) of the law or other normative act as unconstitutional. 1. In cases provided for in Article 41¹ of the Organic Law of Georgia on the Constitutional Court of Georgia Constitutional Court shall have no right to consider the conformity of whole normative act with the Constitutional Law of Georgia on the Status of the Autonomous Republic of Ajara. But in cases provided for in Article 41¹ of the same law - conformity with Constitution, Constitutional Law of Georgia on the Status of the Autonomous Republic of Ajara, Constitutional Agreement, international treaties and agreements or with the Laws of Georgia if a claimant or author of the constitutional submission requests the recogniton of only any norm of the disputed act as invalid. (25.11.04 №600). 2. If a claimant or an author of the constitutional submission requests adjudication upon several issues, a part thereof falling under the jurisdiction of the Constitutional Court and the other part being within the competence of other state bodies, the Constitutional Court shall consider only the issues which are within its competence under the Organic Law of Georgia on the Constitutional Court of Georgia. (12.02.02 №1270)
Article 12 1. Participants to the constitutional legal proceedings shall be: a. Parties – individuals and bodies which are deemed to be either claimants or respondents under Articles 33-40 and in accordance with Article 41¹ of the Organic Law of Georgia on the Constitutional Court of Georgia. (25.11.04 №600) b. representatives of the parties – proxies, to whom the parties to the proceedings have entrusted their authorisation in accordance with the procedure prescribed by law. It shall be obligatory to appoint a representative before the Constitutional Court, if the number of claimants or those having lodged a constitutional submission, is more than two. The authorisation of a representative shall be certified by a notary or in accordance with the procedure established in the respective institution; (29.12.2006 №4216) c. Defenders of the parties' interests – lawyers, are entitled to perform activities of the lawyer in accordance with the legislation, or other persons having a high level of legal education who participate in the legal proceedings together with the parties or their representatives. The parties as well as their representatives, shall be entitled to appoint them. (02.06.03 2313 ). 2. The Constitutional Court shall consider the merits of the constitutional submissions provided for by subparagraphs "f", "h" and "j" of the first paragraph and by the second paragraph of the Organic Law of Georgia on the Constitutional Court of Georgia in absenta the authors of the constitutional submission and their representatives. The Constitutional Court shall be authorized to invite the authors of the constitutional submission, as well as respective officials, while drafting a conclusion in the issue provided for by subparagraph "h" of the first paragraph of the same Article and hear their explanations, although the Court shall not recognize them as a party to the proceedings. (25.11.04 №600).
Article13 1. Participants to the constitutional legal proceedings shall have the equal rights to get acquainted with the case-file, make extracts and photocopies thereof, participate in the examination of evidences, adduce evidences, put questions to each other, witnesses, experts and specialists, petition the Constitutional Court, give the Court oral or written explanation, submit their conclusions and give observations regarding all the issues raised during the consideration of the case, object to the petitions, conclusions and observations of another party, and submit concluding statements. 2. Claimant shall be entitled to reduce the scope of the claim and waive the claim. A waiver of a claim, as well as annulment or invalidation of an impugned act while the consideration of the case is ongoing shall result in termination of the case before the Constitutional Court, save in the cases defined in the sixth paragraph of the present Article. ( 29.12.2006 N4216)
3. At any stage of the constitutional legal proceedings an author of the constitutional submission lodged regarding the issues provided for by subparagraph “h” of the first paragraph of Article 19 of the Organic Law of Georgia on the Constitutional Court of Georgia, shall have the right to waive the submission and request for termination of the case before the Constitutional Court. To this end, he/she shall address the Constitutional Court in writing, the latter being obliged to uphold the request. 3¹. At any stage of the constitutional legal proceedings an author of the constitutional submission lodged regarding the issues provided for by subparagraph "j" of the first paragraph of Article 19 of the Organic Law of Georgia "On the Constitutional Court of Georgia", shall have the right to waive the submission and request the termination of the case before the Constitutional Court. To this end he/she shall address the Constitutional Court in writing. Waive of the consideration of the constitutional submission, also the annulment or invalidation of the impugned act the moment of consideration shall result the termination of the constitutional legal proceedings in the Constitutional Court, except the circumstances provided for by paragraph 6 of this article.( 25.11.04 №600 ). 4. The court, submitting a case to the Constitutional Court, shall not be entitled to waive the submission and request for termination of the case before the Constitutional Court. 5. A respondent shall be entitled to recognize the claim fully or partially at any stage of the constitutional legal proceedings. Recognition of the claim by a respondent shall not result in termination of the case before the Constitutional Court. 6. After admitting a case by the Constitutional Court for the consideration of the merits, annulment or invalidation of an impugned act shall not result in termination of the constitutional legal proceedings before the Constitutional Court, if the case concerns human rights and freedoms recognized in Chapter Two of the Constitution of Georgia. (12.02.02 №1270)
Article 14 The participants to the constitutional legal proceedings shall be obliged to use their rights in good faith. The premeditated submission of forged documents to the Constitutional Court shall entail responsibility as provided for by law.
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