დაუსწრებელი გადაწყვეტილება

The Common Courts of Georgia have the power to hear civil cases to make the aplicant whole in their rights. The Parties of a civil dispute have a reasonable expectation from the Courts that they shall hear the cases in full and decide them objectively. The Courts should also insure a speedy trial for the parties of the dispute, but at the same time they must fulfil their mandate by examining the evidence and ruling based on them.
The existing Georgian Code of Civil Procedure also provides the procedural institute of a Trial in Absentia. In case of non-appearance at the proceedings, the court has the power to rule against the absent party without hearing the case or taking the evidence into account.
The Legislative purpose for adopting the institute of Trial in Absentia is motivated with the principle of a speedy trial. Also, the law is punishing the party for non-appearance in court. These purposes are met through this means at the price of justice not being served in a certain dispute and the court being an ineffective guardian of the rights.
This paper addresses the theoritical and practical issues of trial in absentia. The legislation is analyzed through comparative method, the relevant case law is also studied, as well as the landmark rulings of the European Court of Human Rights. The ultimate purpose of this paper is to shed light on the procedural issues in legislation and case law concerning trial in absetia and to work out specific recommendations to tackle them effectively.