უცხო ქვეყანაში თავშესაფრის უფლების არაკეთილსინდისიერი გამოყენება სისხლის სამართლის წესით დასჯადი ხდება

უცხო ქვეყანაში თავშესაფრის უფლების არაკეთილსინდისიერად გამოყენების ხელშემწყობა და ორგანიზატორობა სისხლის სამართლის წესით დასჯადი იქნება და სასჯელის ზომად ორიდან ოთხ წლამდე თავისუფლების აღკვეთა განისაზღვრება. კანონპროექტი არ გულისხმობს იმ პირების პასუხისმგებლობას, რომლებიც უკანონოდ ანუ ვადის დარღვევით იმყოფებიან შენგენის სივრცეში.

კანონპროქტის თანახმად, საქართველოს სისხლის სამართლის კოდექსის შესაბამისი მუხლით დასჯადი გახდება პირის მიერ ფინანსური ან სხვა მატერიალური სარგებლის მიღების მიზნით საქართველოს მოქალაქის უცხო ქვეყანაში უკანონოდ დარჩენისთვის შესაბამისი პირობების შექმნა/ორგანიზება ან/და უცხო ქვეყანაში თავშესაფრის მისაღებად საქართველოს მოქალაქისთვის უფლებებისა ან თავისუფლებების დარღვევის შესახებ მცდარი ინფორმაციის წარდგენის ხელის შეწყობა/ორგანიზება.

დამამძიმებელ გარემოებებს წარმოადგენს აღნიშნული დანაშაულის ჩადენა წინასწარი შეთანხმებით ჯგუფის მიერ, არაერთგზის, ორი ან მეტი პირის მიმართ, ყალბი დოკუმენტის გამოყენებით, რომლისთვისაც სასჯელის სახედ და ზომად გათვალისწინებულია თავისუფლების აღკვეთა სამიდან ექვს წლამდე ვადით.

დამამძიმებელ გარემოებას წარმოადგენს ასევე ქმედების ჩადენა ორგანიზებული ჯგუფის მიერ, რომლისთვისაც სასჯელის სახედ და ზომად გათვალისწინებულია თავისუფლების აღკვეთა ოთხიდან შვიდ წლამდე ვადით. აღნიშნული მუხლით გათვალისწინებული ქმედებისთვის იურიდიული პირი დაისჯება საქმიანობის უფლების ჩამორთმევით ან ლიკვიდაციით და ჯარიმით.

„საქართველოს სისხლის სამართლის საპროცესო კოდექსში ცვლილების შეტანის შესახებ“ კანონპროექტის თანახმად, საქართველოს სისხლის სამართლის კოდექსის 344² მუხლით გათვალისწინებული ქმედების გამოძიების მიზნით შესაძლებელი იქნება ფარული საგამოძიებო მოქმედებების ჩატარება.

როგორც ევროპასთან ინტეგრაციის კომიტეტის თავმჯდომარე თამარ ხულორდავა განმარტავს, ცვლილება ეხება ახალი დანაშაულის გაჩენას სისხლის სამართლის კოდექსში, რაც გულისხმობს კონკრეტულ ქმედებას.

„საუბარია წინასწარი შეცნობით, ფინანსური სარგებლის მიღების მიზნით, საქართველოს მოქალაქისთვის უცხო ქვეყანაში უკანონო დარჩენისთვის შესაბამისი პირობების შექმნას და ორგანიზებას და ასევე, ამავე განზრახვის და ფინანსური დაინტერესების მიზნით საქართველოს მოქალაქისთვის უსაფუძვლოდ თავშესაფრის მიღებაში დახმარების აღმოჩენას“, – აღნიშნა თამარ ხულორდავამ.

ევროპასთან ინტეგრაციის კომიტეტის თავმჯდომარის განცხადებით, არალეგალური მიგრაციის რაოდენობა გაიზარდა. 2018 წელს, 2017 წელთან შედარებით, 72%-ით არის გაზრდილი თავშესაფრის უსაფუძვლოდ მოთხოვნის განაცხადების რაოდენობა. შეჩერების მექანიზმის ერთ-ერთი წინაპირობა საზღვარზე უარის თქმა არის და ეს მონაცემი 200%-ით არის გაზრდილი 2018 წელს, 2017 წელთან შედარებით.

კანონი უკანონო მიგრაციაზე არა მხოლოდ ევროკავშირზე, არამედ ნებისმიერ ქვეყანაში გავრცელდება.

კანონპროექტის ავტორები არიან თამარ ხულორდავა, ირინე ფრუიძე, დიმიტრი ცქიტიშვილი, თამარ ჩუგოშვილი, აკაკი ზოიძე, სოფიო ქაცარავა, ნინო წილოსანი, არჩილ თალაკვაძე, გიორგი გაჩეჩილაძე, ზაზა ხუციშვილი, კახაბერ კუჭავა და შოთა ხაბარელი.საუბრის დასასრულიდაწერეთ შეტყობინება.

მსგავსი თემები

125 Thoughts to “უცხო ქვეყანაში თავშესაფრის უფლების არაკეთილსინდისიერი გამოყენება სისხლის სამართლის წესით დასჯადი ხდება”

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