მხარდაჭერის მიმღებ პირად ცნობის სამართლებრივი რეგულაცია და პრობლემები ქართულ სამართლებრივ სივრცეში

This master’s thesis discusses the situation prior to the introduction of the institute of support and the current procedure of recognition asupporter recipient, the legal status of the supporter recipientalready recognized by the court, the function and role of the persons and organizations involved in the case of recognition as a supporter recipient, also the difficulties and legal gaps that exist in the case of recognition of a person as a supporter recipient.
Although the institute of support has been in operation for many years and initially at first glanse all the vague issues are regulated by the judicial practice, there are still numerous problems in this field, the solution of which will help supporter recipients and supporters during legal proceedings.
This master thesis also dels whith the approaches of the leading European countries in order to allow to draw parallels between European and Georgian legislation in this area.
The paper considers in details the issues that are crucial for initiating judicial proceedings. It also points out the approaches of the court on this topic.
The tesis consists of an introduction and four chapters. The introduction part includes the relevance of the topic, the general picture of the institution of incapacity before and after the reform.
The first chapter deals with the legal situation before the reform of the institution of incapacity for those who werediagnosed whith “mental weakness” or mental illness”, as well as the significance of the decision of the Constitutional Court and the legal consequences of that decision.
The second chapter is concerned with the procedure of recognition of the supporter recipient, the role of the organizations and individuals involved in this case.
The third chapter addresses the rights of the supporter recipients, which they have acquired by the decision of the Constitutional Court of Georgia (October 8th , 2014), along with the problems related to the realization of this rights.
The fourth chapter points out the legislative gaps and legal problems that followed thereform of the institution of in capacity and still remains as a pressing issue for each of the person who wants recognition as a supporter recipient and already recognized onec. It also includes the alternative solutions of the problems that are currently unresolved around this topic.