Supreme Court of Georgia

Kutaisi City Courts’ return guilty verdict for violation of state purchase participation rules

Published: 07/31/2011

The Kutaisi City Court, for its’ first time determined the verdict on the criminal case regarding the violation of state purchase participation rules. According to the verdict of August 11, 2011, the court found Imeda Bokelavadze guilty, the Head of the Department of Municipality Purchase of Financial Office of Tskaltubo Municipality, for abuse of official authority and entrepreneurs Mamuka Berelidze and Devisi Kharbedia, for violation of state purchase participation rules.
Within the case trial the court considered, that on January 15, 2011, Tskaltubo Municipality announced electronic tender on the purchase of two garbage trucks for 60 000 GEL (price in total).
Imeda Bokelavadze showed partiality and assisted friend Mamuka Berelidze with consultation and passed full information about tender.
The two entrepreneurs – Devisi Kharbedia and Mamuka Berelidze, carried in suggestions in the simplified electronic tender. Imeda Bokelavadze intended to give the priority to his friend Mamuka Berelidze with abuse of official authority and make conditions for the above said person to accept 60 000 GEL. For the further realization of the intention Imeda Bokelavadze, as the member of the commission staff and secretary of the sitting, decided to influence on the commission and to accomplish the tender with disqualification of pretenders, what was achieved. Afterwards, the recapitulative tender was announced.
Mamuka Berelidze contacted Devisi Kharbedia and offered compensation in return of refusal to participate in the recapitulative tender. It’s utmost important to mention, that the both precedents were warned not to carry the private talks on price between the rivals and other details of the tender conditions according to the Law “On State Purchase” and Order of the Chairman of the State Purchase Agency. However, on the base of their negotiations, D.Kharbedia didn’t participate and Mamuka Berelidze was decaled as winner without concurrency. The agreement on 60 000 GEL was concluded, which caused the violation of purchase organizations’ legal interests.
According to the Article 332, part one of the Criminal Code of Georgia, Imeda Bokelavadze was charged with deprivation of liberty for 2 years and 6 months; Pursuant to the Articles 24, 332, part one and 1951, part one of the same Code, Mamuka Berelidze was sentenced to 3 years and 6 months in prison. According to the Article 1951, part one of the Criminal Code of Georgia, Devisi Kharbedia was charged with imprisonment for a period of a year and 6 months.