THE ORGANIZATIONAL STRUCTURE OF THE ENFORCEMENT SYSTEM IN GEORGIA (In terms of a mixed system of enforcement and protection of basic rights of persons participating in theenforcement proceedings)

Abstract

Timely and efficient enforcement of court decisions is the most important process for any legal state since the power of the law lies in its enforcement. The effectiveness of the enforcement process may have a significant impact on the development of the socio-economic situation of the country, as well as positively affect the level of public confidence in the court. The effectiveness of the enforcement process largely depends on a well-functioning enforcement system; therefore, it must have maximum independence, and flexibility and, at the same time, be focused on the protection of basic human rights and freedoms. Its organizational arrangement and the levers of enforcement implementation, the rights and duties of the persons participating in the enforcement proceedings, as well as the scope of authority of the bailiff as an enforcement entity in the process of enforcement proceedings are important, along with this, the existence of the private bailiff institution in Georgian enforcement law is of the utmost importance. Based on the foregoing, the article reviews the development of the enforcement system in Georgia, the structure of the National Bureau of Enforcement and its powers and the peculiarities of the work of a private bailiff. The importance of the principle of protection of balance and proportionality between the persons participating in the enforcement proceedings is also reviewed and the author’s vision regarding each issue is presented to eliminate the gaps in practice.