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February 25, 2021 11:19

Member of Parliament Pridon Injia attempted to hide his Unlawful Activities through Expedited Changes in the Commercial Register

The statement by the Member of Parliament Pridon Injia, which claims that the Communications Commission is trying to mislead the public, represents itself an attempt to mislead the public, as evidenced by the extract from the Registry of Entrepreneurial and Non-entrepreneurial (Non-commercial) Legal Entities dated 24 February. The extract shows that Pridon Injia was a member of the supervisory board of System Net Ltd until 24 February 2021. The change in the Commercial Register was implemented by Mr. Injia through expedited process on 24 February (following the statement of 23 February by the Communications Commission), rather than within 10 days from the day his/her powers as MP are confirmed, as stipulated by law. Upon implementing the changes, Mr. Injia disseminated another misleading statement, claiming that he took the aforementioned steps prior to 24 February.

Despite expedited implementation of the aforementioned changes, Mr. Injia has a conflict of interest and continues to violate the Code of Ethics of the Members of the Parliament of Georgia. It is worth noting that Mr. Injia implemented the change in the Commercial Register after the Commission pointed out the conflict of interest and violations of the law.  

According to the extract from the Public Registry, Pridon Injia was a member of the supervisory board of System Net Ltd (cadastral code 205267423) until 24 February 2021, that represents a violation of Article 13.7 of the Law of Georgia on Conflict of Interest and Corruption in Public Service. Based on Article 13.14 of the same law, “an official or his/her family member shall resign from an incompatible position or terminate incompatible activities within 10 days after the appointment of this official, unless otherwise provided for by the Constitution of Georgia or by law.”

Further, we  wish to emphasise that despite resigning of Pridon Injia from the supervisory board of System Net Ltd on 24 February 2021, he retains (together with his family members and close relatives) shares in an undertaking authorised in the electronic communications sector. While ownership of shares does not constitute a violation of the law, Pridon Injia has a duty, as a Member of Parliament, to adhere to the Code of Ethics of the Members of the Georgian Parliament, which clearly states that Member of Parliament must not use his/her status to advance personal interests, or those of hir/her family members and close relatives.

The recent statements made by Pridon Injia leave the impression that his unsubstantiated attacks on the Commission are motivated by his business interests, as well as those of his family members and close relatives, against whom the Commission directed legislative measures on several occasions during the last few months due to violation of the legislation.

Regarding the fee for using the numbering resource, we wish to reiterate and remind the opposition MP that prior to the amendments to the Law of Georgia on Electronic Communications introduced on 23 December 2017, Article 2 i) of the Law stipulated that the fee for using exhaustible resources (radio frequency spectrum and/or numbering resources) would be transferred to the State Budget of Georgia in full. This provision was conditioned by the different legal regimes for the fee on the one hand, and the taxes on the other hand. The taxes essentially constitute funds that are payable into the State Budget, while fees are payable to the budget of the body that issues the usage rights.

Therefore, if the fee is to be transferred to the State Budget rather than the budget of the body that issues usage rights, then a special clause is required, similar to the one that existed in the Law of Georgia on Electronic Communications prior to the changes of December 2017. These changes resulted in abolishment of the permits for the radio frequency spectrum and numbering resources. Consequently, the permit fees were also abolished, leaving only the usage fees. However, the clause stipulating that the fees must be transferred to the State Budget was removed, meaning that unless otherwise stipulated, the fee for using exhaustible resources shall be transferred to the budget of the Communications Commission.  

Hereby, as to the radio frequency spectrum, following the December 2017 changes to the Law of Georgia on Electronic Communications, a clause was added to Article 12.5, stipulating that the fee paid for obtaining a licence for using exhaustible resources shall be transferred to the State Budget of Georgia.

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