GOGITIDZE AND OTHERS v. GEORGIA JUDGMENT 7 enacted and that, consequently, the retroactive extension of those provisions to their situation was unconstitutional. For those reasons, he argued that the confiscation procedure provided for by the impugned provisions of the CCP and CAP had been arbitrary and amounted to a violation of the constitutional guarantee of protection of his private property. 39. By a judgment of 13 July 2005 the Constitutional Court, after having heard the parties’ arguments and evidence from a number of legal experts and witnesses, dismissed the first applicant’s complaint as ill-founded on the basis of the following reasoning. 40. First, drawing an analogy with Article 1 of Protocol No. 1 to the Convention, the Constitutional Court stated that the Georgian constitutional provision protecting the right to property (Article 21 of the Constitution) likewise did not exclude the possibility of deprivation of property if such a measure was lawful, pursued a public interest and satisfied the proportionality test. The court then went on to emphasise that only lawfully obtained property enjoyed full constitutional protection; in the first applicant’s case there had been a legitimate suspicion as to the lawful origins of the property, a suspicion which he and his family members had been unable to refute in the course of the relevant judicial proceedings. 41. The Constitutional Court further stated that the administrative confiscation proceedings provided for in Article 37 § 1 (1) of the CCP and Article 21 §§ 5 and 6 of the CAP, could in no way be equated with criminal proceedings, as no determination of a criminal charge was at stake; on the contrary, such proceedings were a classic example of a civil dispute between the State, represented by the public prosecutor, and private individuals. Given the “civil” nature of the proceedings in question, it was acceptable that the burden of proof in the proceedings should be shifted onto the respondent, the second applicant. Referring to its own comparative legal research and the Court’s judgments in the cases of Raimondo v. Italy (22 February 1994, §§ 16-20, Series A no. 281-A) and AGOSI v. the United Kingdom (24 October 1986, §§ 33-42, Series A no. 108), the Constitutional Court added that such civil mechanisms, involving the forfeiture of the proceeds of crime or otherwise unlawfully obtained or unexplained property, were not unknown in a number of Western democracies, including Italy, the United Kingdom and the United States of America. 42. As to the issue of the alleged retroactivity of the application of the amendment of 13 February 2004 introducing the administrative confiscation procedure, and the second applicant’s presumption of innocence, the Constitutional Court ruled that since the proceedings in question had been “civil” and not “criminal”, the above-mentioned criminal-law guarantees could not apply. Furthermore, the amendment of 13 February 2004 had not introduced any new concept but rather had regulated anew, in a more efficient manner, the existing measures aimed at the prevention and eradication of corruption in the public service. In particular, the