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