Background

The USAID Rule of Law Program aims to help establish an independent, accountable, well-functioning, and people-centered justice system in Georgia.  The initial Rule of Law Hub was established in Batumi in April 2022, and subsequently, in December 2022, another one was launched in Kutaisi. The purpose of the Rule of Law  Hubs is to improve the delivery of justice in each targeted locality by developing linkages with and among the courts, Georgian Bar Association (GBA) branches, Legal Aid Service (LAS) offices, Public Defender (PDO) offices, law faculties, CSOs, representatives of law enforcement bodies, and the private sector within the locality, and to create linkages between the representative offices in the locality and their counterparts in Tbilisi. In the framework of the Program the Rule of Law Hubs in Batumi and Kutaisi implement activities to promote the rule of law, ensure access to justice not only as a right but also as a vehicle for defending other rights, increase citizen’s appreciation and application of the law, and advocate for laws and policies on justice and human rights.  

In 2022, the Rule of Law Program through Batumi Rule of Law Hub and the State-funded Legal Aid Service (LAS), successfully launched the informational project “Make Justice Accessible for All: Paralegal Initiative and Career Talks for Future Human Rights Defenders in Adjara”. Two groups of student-paralegals from the Adjara region received training on essential topics such as women's rights, human trafficking, the best interests of children, and the rights of persons with disabilities. In addition, the student-paralegals were provided with training in fundamental human rights, effective communication, self-presentation, and soft skills.

The Program continues the implementation of the Paralegal Initiative in Adjara and expanded the initiative into Imereti by launching a similar program in October 2023 for the students there through the ROL Hub in Kutaisi. Currently, there are 55 student-paralegals 25 in Kutaisi and 30 in Batumi) participating in the Paralegal Initiative in Batumi and Kutaisi RoL Hubs. All the student-paralegals are undergraduate law students.

The student-paralegals periodically are offered new topics for the training, which are selected in line with recommendations from the Legal Aid Service and community needs identified through mobile visits in the highlands of Adjara and data provided by the community to the Imereti and Adjara legal Aid Bureaus. This Legal Aid Service data pertains to legal issues raised by individuals in the Adjara and Imereti regions through its bureaus in Batumi and Kutaisi. In addition, loan and mortgage issues were identified as problematic during the Hub opening meetings with the key informants in Akhaltsikhe. 

Strengthening the capabilities of legal professionals in Adjara and Imereti is one of the priorities of the Program, particularly since the establishment of the ROL Hubs.  The ROL Hubs will support the strengthening of skills and knowledge of local legal professionals, LAS lawyers, and GBA members in Imereti, Adjara, and Samtkse-Javakheti regions.

To that end, the Hubs will conduct a series of workshops for the lawyers from Hub regions on the legal issues that pose challenges at the local level. The Program in cooperation with the GBA will identify the participants through the training registration software. The participants will be selected on a first-come, first-serve basis. This will allow the strengthening of local lawyers’ skills and knowledge on the issues that are important to the local community.

Proposed approach:

It is worth noting that in Georgia, a significant portion of the population has bank loans[1], and many people allocate a considerable part of their income to paying interest. This situation has sparked a high level of interest among citizens who seek to be well-informed about bank loans, especially considering the disputes with microfinance institutions that often lead to legal proceedings. This was evident during mobile visits in the highlands of the Adjara region, where citizens frequently inquired about this issue.

The USAID Rule of Law Program seeks to hire a local expert/group of experts who will support the Program in developing and conducting training for two target groups: students and practicing lawyers (LAS and GBA) on topics related to Loan/Mortgage Agreements and Case Law.

The primary objective of the training is to provide a comprehensive understanding of essential aspects of bank credit agreements, empowering individuals to make informed decisions before entering into such agreements. Students will gain insights into the National Bank’s role in regulation and consumer protection, learn about requesting changes in standard bank contracts, and discover ways to protect the rights of credit recipients without resorting to legal action.

The expert will develop a one-day training module on topics of Loan/Mortgage agreements and Case Law for students which shall be written in plain language.  The expert will then deliver a one-day training for a professional audience of lawyers from the State-funded Legal Aid Service and Georgian Bar Association from Adjara, Imereti, and Samtskhe-Javakheti.  

Experts will develop frequently asked questions (FAQs) and answers on the most relevant issues in Loan/Mortgage agreements and related case law to assist participants in their daily work after the training is completed.

The training will include all or part of the following thematic questions:

1. Freedom of contract
2. Concept of loan and its types (consumer, commercial, mortgage, overdraft, etc.).
3. Standard and special terms of bank loan, prerequisites for their validity.
4. Influence of the National Bank regulations on the validity of the bank loan agreement.
5. Bank loan interest rates (indexed/fixed).
6. Prerequisites and legal consequences of terminating the bank loan agreement.
7. Review of the case law arising from the bank loan agreement.

Timeline

The project is envisaged to be implemented from January 1, 2024, to April 1, 2024

Reporting

The Expert will closely work with USAID Rule of Law Program Regional Rule of Law Advisor, Irina Lortkipanidze, Regional Hub Attorneys Irina Khakhutaishvili and Anna Shalamberidze will report to Giorgi Chkheidze, Chief of Party.

Estimated Level of Effort:

The estimated level of effort is 11 working days, including 2 days for the development of the training module; 2 days for the conduct of training for students (One day in Batumi and one day in Kutaisi); 3 days for the conduct of training for lawyers (LAS and GBA) in Batumi, Kutaisi and Akhaltsikhe; 2 days for travel and 2 days for drafting frequently asked question and answers.

Deliverables

The Expert will provide the following deliverables:

1. Develop a targeted training program including all or part of the Loan/Mortgage agreement and the relevant Case Law.
2. Provide agenda, training materials, and PowerPoint presentation for the training.
3. Serve as a trainer for training in Batumi/Kutaisi.
4. Draft Frequently asked questions and answers on the Loan/Mortgage agreement and the relevant Case Law

Requirement and Eligibility

Education:

University degree in law, international law, and relevant field

Work Experience:

1. at least 5 years of professional experience in the relevant field.
2. experience in teaching identified topics to students, and legal professionals will be an asset.
3. excellent communication and presentation skills.
4. computer literacy (Internet, Microsoft Office programs, etc.).

To apply potential candidates* need to present:

1. Cover Letter, addressing the criteria above.
2. CV, with a detailed list of qualifications (maximum 3 pg.)
3. Outline of the training program (maximum 1 pg.)
4. Estimated cost of the effort (only expert honorarium, shall not include travel, lodging, and training organization fee, as it will be covered by the Rule of Law Program directly
5. Filled out biodata form (please, download it from here)

 * Applications can be submitted by individuals or groups of individuals. Applications will be reviewed based on the above criteria.  The application can be submitted either in English or Georgian.

The application and biodata must be submitted in English. The application and filled-out biodata should be e-mailed to info.rolp@ewmi.org  Please include the following text in the subject line “Loan/Mortgage Agreement and the relevant Case Law”. Faxed or mailed (per post) applications will not be accepted.

The deadline for application submissions is November 28, 2023.

[1] In 2016, Georgia took first place in the world in terms of the population with commercial bank debt, 710 out of every 1,000 people in Georgia had a bank loan, https://kvirispalitra.ge/article/45195-qmtheli-saqarthvelo-qdazalogebuliaq-bankebshi/