Protection of rights of former public servants and scientists is one of the important functions of the Legal Aid Service.
The Legal Aid Service provides free legal consultations to former public servants and scientists to protect their rights. They are entitled to both person-to-person and telephone/online consultation services. The Legal Aid Service provides free legal services in a dispute over protection of rights of former public servants and scientists in cases when a person is insolvent and his/her case falls into the category of complex and important cases.
Former public servants and scientists are entitled to social protection guarantees, more specifically, state compensation/state academic stipend for special accomplishments in public service, also upon reaching a certain age, and in cases of limitation of abilities and death.
State compensation is a monthly monetary allowance provided in the amount and according to the procedure established in the law.
State academic stipend is a monthly monetary allowance provided to a scientist in the amount and according to the procedure established in the law.
The following individuals are entitled to compensation/state academic stipend:
- members of the Parliament of Georgia;
- judges of the Constitutional Court of Georgia;
- judges of the Supreme Court of Georgia;
- judges of the Common Courts of Georgia;
- Auditor General and his/her Deputies;
- persons dismissed from the military service, Ministry of Interior, State Security Service of Georgia, State Intelligence Service, and Special State Security Service and transferred to the reserve, persons dismissed from the Ministry of Corrections General Inspectorate, Investigation Department, and Special Penitentiary Service, persons with permanent military ranks or special state ranks, persons dismissed from public positions of the Ministry of Finance Investigation Service;
- staff members with military rank dismissed from the State Security and Crisis Management Council;
- employees dismissed from the Prosecutor’s Office;
- family members of former high government officials;
- persons with a high diplomatic status;
- parliament of Georgia staff members;
- employees of the Civil Aviation;
- family members of the Ministry of Defense of Georgia employees killed in international operations or other types of peacekeeping activities defined in the Law of Georgia on the Involvement of Armed Forces of Georgia in Peacekeeping Operations, or dead as a result of health injuries received during such missions;
- family members of persons killed in the fight for the territorial integrity, freedom and independence of Georgia, during events of May 1998 and August 2004, or dead as a result of injuries received during these events;
- family members of employees of the Ministry of Interior of Georgia and State Security Service of Georgia killed while performing their duties or as a result of wounds received in cases established in the Law of Georgia on Police, Article 50, Paragraph 11, and in the Law on State Security Service of Georgia, Article 41, Paragraph 10, (except for cases envisioned in Sub-paragraph “m”) since April 9, 1991, the date of adoption of the Act of Restoration of Independence of Georgia.
- family members of firemen/rescue service officers performing the duties of the Legal Entity of Public Law - Emergency Management Agency of the Ministry of Interior, in cases established in Law of Georgia on Civil Security, Article 553 Paragraph 1.
- family members of the Members of the Parliament and officers dismissed from the Prosecutor’s Office are also entitled to compensation in cases of a breadwinner’s death.
The right of former public servants and scientists to receive compensation/state academic stipend arises in the following cases:
- upon completion of the service term as established in the law;
- upon reaching the age of 65;
- when a disability is established;
- in case of a breadwinner’s death;
- in case of a family member’s death.
In cases when both a compensation/state academic stipend and a state pension are applicable to a person, the latter is entitled to choose only one of the allowances provided in the law. The amount of compensation/state stipend shall not exceed GEL 560.
The right to compensation/state academic stipend does not arise or an already existing right is suspended if a person is involved in the public service.
A person entitled to compensation/state academic stipend may apply for a compensation/state academic stipend at any moment after this right arises.
- Constitution of Georgia
- Convention for the Protection of Human Rights and Fundamental Freedoms
- International Covenant on Civil and Political Rights
- International Covenant on Economic, Social and Cultural Rights
- Law of Georgia on State Compensation and State Academic Stipend
- Minister of Labor, Health and Social Affairs Decree # 46/m on the Rules for Assigning and Providing a State Pension/Pension Package and State Compensation, February 10, 2006
- Government of Georgia Decree No279 on Defining a Social Package
- Law of Georgia on Legal Aid
- Law of Georgia on Advocates
- Government Degree #424 on the Rule for Determining a Person’s Insolvency
- Legal Aid Board Decision #20 on Approval of the Regulation of the Legal Entity of Public Law - Legal Aid Service
- Legal Aid Board Decision #27 on Approval of Criteria for the Provision of Legal Aid Envisaged in Article 5, Paragraph 3 of the Law of Georgia on Legal Aid
- Professional Code of Ethics for Lawyers
Scope of Service
In the course of conducting defense on civil and/or administrative cases, the lawyer of Legal Aid Service, as the rule conducts following actions:
- Reviews the information and case materials.
- Meets with the client and provides legal advice.
- Analyzes the information related to the case, ensures the collection of evidence and submission with the court for the purpose of successful conduct of the case.
- Represents the client in court.
- Drafts legal documents related to the case – motions, claims, counterclaims, motions complaints, applications.
- Informs the client an in case of necessity his/her legal representative on the course of conduct of the case.