The Route to Enforcing a Foreign Decision
Enforcing in Georgia a decision issued by a court of another state proceeds in two stages: first, the decision must be recognized in accordance with the treaties on private international law and on mutual legal assistance, under the procedure established by Georgian legislation, and the competent Georgian court must issue an enforcement writ; then the decision and the writ go for execution to the National Enforcement Bureau through the Ministry of Justice of Georgia. The decision is executed under the Law on Enforcement Proceedings — a recognized foreign decision is carried into effect by the same machinery as a domestic one: the same measures, the same fee, the same rules. The creditor's practical task is therefore twofold: to secure recognition under the treaty basis and to obtain the writ correctly — after that, the domestic system works as for Georgian decisions. The treaty basis deserves emphasis: the conditions of recognition are tied to the treaties, so decisions of different states require different procedural routes, and a mistaken assessment leads to refusal already at the recognition stage.
Where Foreign Decisions Sit in the Catalogue of Enforceable Acts
In the catalogue defined by Article 2 of the Law, foreign elements occupy a clear place: subject to enforcement are decisions of a foreign court and of the International Criminal Court whose execution is provided for by Georgian legislation; arbitral awards and decisions of foreign or international arbitration whose execution is provided for by international treaties; and decisions and authenticated settlements under the Hague Convention of 2007 on the international recovery of child support, on which the competent court has ruled on recognition and enforcement. The catalogue also includes judgments of the European Court of Human Rights binding on Georgia under the Convention — their execution follows a special regime without a writ.
The catalogue further shows that a foreign decision stands in the same list as domestic court decisions, criminal judgments on fines, confiscation or victim compensation, administrative offense decisions, notarial acts and mediation settlements.
The Writ Requirement and Its Exceptions
As follows from Article 20 of the Law, enforcement proceedings may not be opened without an enforcement writ — which is why, after recognition, the transcription of the writ by the competent court is the precondition for the decision reaching the Bureau. The writ is issued on decisions enforceable under this Law, to the creditor. The exceptions are narrow: European Court judgments, the pledge and leasing certificates, the arrears-collection order, the enforcement order and the Defense Code fine act are executed without a writ.
The details matter too: a ruling adopted during enforcement proceedings and subject to enforcement is executed without a writ, on the basis of a ruling in legal force or one subject to private appeal; termination is likewise possible without a writ, on the basis of a decision in legal force. For a foreign decision, the writ is the link to the Bureau.
The Fee and the Costs
The enforcement fee is a mandatory payment for the services of the National Enforcement Bureau — value added tax included — credited to the Bureau's account; its amount and manner of payment are set by an order of the Minister of Justice, and payment rests on the debtor. On monetary claims the fee is collected together with the enforceable claim; as a general rule it must not exceed 7 percent of the claim and must not be less than GEL 50.
For the enforcement of state duty, an administratively imposed fine, compensation of damage or a surcharge, a tiered scheme operates: up to GEL 100 — 25 percent, but not less than GEL 20; GEL 100 to 200 — 20 percent, but not less than GEL 30; GEL 200 to 500 — 10 percent, but not less than GEL 40; GEL 500 or more — 7 percent, but not less than GEL 50. When the creditor submits the writ to the Bureau, the advance fee must not exceed 2 percent of the claim and must not be less than GEL 50; if the claim is withdrawn, the amount is returned proportionally. A person registered in the database of socially vulnerable families and a creditor exempted by a court decision are released from the fee; for state bodies and European Court cases the fee is not charged at all. Where a claim is satisfied only in part, enforcement costs are covered first, then the fee, then the principal.
Frequently Asked Questions
How does a foreign decision reach the Bureau?
The recognized decision and the writ transcribed by the competent court are sent to the National Enforcement Bureau through the Ministry of Justice.
Under which rules is the recognized decision executed?
Under the procedure established by the Law on Enforcement Proceedings — the same machinery by which domestic decisions are executed.
Does enforcement require a writ?
Yes, apart from the exceptions — European Court judgments, the pledge and leasing certificates, and the order on collection of arrears.
How high is the fee and who pays it?
The fee is paid by the debtor. As a general rule it does not exceed 7 percent of the claim and is not less than GEL 50; for state duty, fines, damage and surcharges a tiered scheme applies — from 25 percent down to 7 percent, with minima from GEL 20 to GEL 50.
Can enforcement be terminated without a writ?
Yes — on the basis of a court decision that has entered into legal force.
How We Help on Legal.ge
Enforcing a foreign decision spans recognition and the entire domestic machinery: the treaty basis determines the route of recognition, the writ the admission to the Bureau, the fee rules the distribution of costs. On Legal.ge you can consult an experienced lawyer on the treaty basis, the recognition and writ procedure and dealings with the Bureau. Submit a request and get qualified assistance.