8 GOGITIDZE AND OTHERS v. GEORGIA JUDGMENT Constitutional Court referred to the 1997 Act on Conflict of Interests and Corruption in the Public Service, which had required all public officials not only to declare their own property and that of their family and close relatives, but also to show that the declared property had been acquired lawfully. 43. The Constitutional Court concluded that the amendments of 13 February 2004 undoubtedly served the public interest of intensifying the fight against corruption and that the test of proportionality had also been duly satisfied during the confiscation proceedings, which had been conducted fairly before the domestic courts. II. RELEVANT INTERNATIONAL DOCUMENTS AND DOMESTIC LAW A. The 1997 Act on Conflict of Interests and Corruption in the Public Service, as in force at the material time 44. On 17 October 1997 the Act on Conflict of Interests and Corruption in the Public Service, the first major piece of legislation in independent Georgia’s history setting out the principles and methods for preventing and eradicating corruption in the public service, was adopted by the Parliament of Georgia. 45. Section 1 of the Act proclaimed that its main objective was to prevent, uncover and put an end to instances of corruption, and to hold corrupt public officials liable. 46. Section 3 of the Act defined the notion of “corruption in the public service” as the use by a public official of his or her public post or of the influence associated with that post for the purposes of undue enrichment. The same provision defined the term of “a corruption offence” as an act which contained the elements of “corruption in the public service” and which could be subject to disciplinary, administrative or criminal liability. Section 4 explained what exactly should be understood by a public official’s “family members” and “close relatives”, a definition which included such categories as siblings, children and parents. 47. Chapter IV of the Act (sections 14 and 19) imposed upon public officials an obligation to declare their property each year (between 1 and 30 April). The declaration had to contain not only a list of the assets owned by the public official personally and by his or her “family members” and “close relatives”, and the property’s actual market value, but also information accounting for the origins of the property in question. The declarations submitted annually by public officials were public documents. 48. According to section 20(1) and (2) of the Act, a corruption offence or another breach of the requirements laid down by the Act gave rise to liability under the rules laid down for that specific purpose either by the

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