LAW OF GEORGIA GENERAL ADMINISTRATIVE CODE OF GEORGIA

 

 

Law of Georgia

General Administrative Code of Georgia

 

Chapter I – General Provisions

 

Article 1 – Purpose of the Code

1. This Code shall define the procedure for administrative bodies to issue and enforce administrative acts, to review administrative complaints and applications, and to prepare, conclude and execute administrative agreements.

2. The Code shall aim to ensure the administrative bodies protect the human rights and freedoms, the public interests and the rule of law.

 

Article 2 – Definition of terms

1. The terms used in this Code shall have the following meanings:

a) administrative body – all state or municipal bodies/institutions, legal entities under public law (except for political and religious associations), and any other person exercising authority under public law in accordance with the legislation of Georgia;

b) interested party – any natural or legal person, or administrative body in relation to whom an administrative act has been issued, and whose legal interests are directly and immediately affected by the administrative act or by the action of an administrative body;

c) administrative act – a legal act issued by an administrative body under the legislation;

d) individual administrative act – an individual legal act issued by an administrative body under the administrative law establishing, modifying, terminating, or confirming the rights and obligations of a person or a limited group of persons. The decision of an administrative body to refuse to address an applicant’s issue within its competence, and any document issued or confirmed by an administrative body that may have legal consequences shall also be deemed an individual administrative act;

d¹) electronic individual administrative act – an individual administrative act issued through automated management means in an electronic form, which complies with the requirements of the Law of Georgia on Electronic Documents and Trusted Electronic Service;

e) normative administrative act – a legal act issued by an authorised administrative body under a legislative act that includes a general code of conduct for permanent, temporary or multiple applications;

f) enabling administrative act – an administrative act granting any right or benefit to an interested party;

g) administrative agreement – a civil law contract concluded by an administrative body with a natural or legal person, or with another administrative body for exercising public authority;

h) application – a written request of a party interested in the issuance of an individual administrative act on the acquisition of a right submitted thereby under the procedure established by this Code;

i) administrative complaint – a written request of an interested party, submitted to an authorised administrative body under the procedure established by this Code, in order to restore violated rights, to declare null and void or modify an administrative act issued by the same or a subordinate administrative body; or to issue a new administrative act; or to perform or abstain from performing an action by an administrative body that does not entail the issuance of an individual administrative act;

j) administrative proceedings – activities of an administrative body for preparing, issuing and executing administrative acts; resolving administrative complaints, and for drawing up, concluding or cancelling administrative agreements;

k) discretionary powers – powers granting freedom to an administrative body or official to choose the most acceptable decision out of possible decisions under the legislation, to protect public or private interests;

l) public information – an official document (including a drawing, layout, plan, diagram, photograph, electronic information, or video- and audio-recording), i.e. information stored at a public institution, and information received, processed, created or sent by a public institution or public servant in connection with official activities; also information proactively published by a public institution;

m) secret information – information stored at a public institution, or received, processed, created, or sent by a public institution or public servant in connection with official activities that contains personal data, state or commercial secrets.

2. Unless otherwise determined by law, the terms contained in paragraph 1 of this article may not be interpreted differently by another legal act.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1138 of 26 October 2001 – LHG I, No 33, 10.11.1.2001, Art. 134

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 1698 of 24 September 2009 – LHG I, No 29, 12.10.2009, Art. 181

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 6880 of 15 July 2020 – website, 28.7.2020

Law of Georgia No 419 of 30 March 2021 – website, 13.4.2021

                  

Article 3 – Scope of the Code

1. The scope of this Code shall apply to the activities of state and municipal bodies and institutions, and of persons that are considered administrative bodies under this Code.

2. The scope of this Code, except for Chapter III, shall not apply to the activities of the following state bodies:

a) the Parliament of Georgia; the highest representative authorities of the Autonomous Republics of Abkhazia and Ajara;

b) consultative bodies of the President of Georgia and Government of Georgia;

c) the Public Defender of Georgia;

d) judicial authorities of Georgia;

e) the Higher Council of Justice of Georgia;

f) Special Investigation Service;

f¹) Personal Data Protection Service;

g) diplomatic missions and consular offices of Georgia abroad.

3. The scope of this Code shall apply to the activities of the bodies and officials referred to in paragraph 2 of this article that are related to the exercise of the administrative function.

4. The scope of this Code shall not apply to the activities of the executive authorities that are related to:

a) the criminal prosecution and criminal proceedings against a person who has committed a crime;

b) the operative investigative activities;

c) the enforcement of a legally effective court decision;

c¹) the enforcement of acts provided for in the Law of Georgia on Enforcement Proceedings;

d) the making of decisions on military affairs, and military discipline matters, unless it applies to the rights and freedoms of a person granted by the Constitution of Georgia;

e) the powers of the President of Georgia to appoint persons to and dismiss them from positions under the Constitution of Georgia, and powers defined in Article 52(1)(a-d), (f) and (h) and Article 52(3), Article 56(5), Article 57(3) and Article 71(1-4) of the Constitution of Georgia, and in Article 4(3) of the Constitutional Law of Georgia on the Autonomous Republic of Ajara;

f) the enforcement of international treaties and agreements, and the implementation of foreign policy.

5. Chapter III of this Code shall not apply to the activities of executive authorities related to the participation of the State of Georgia in the proceedings and review of cases in progress at international arbitration, foreign or international courts until they make a final decision. Before a final decision is made by court, information shall be released under the rules of the international agreements and treaties of Georgia and/or under the rules of the courts provided for in this paragraph.  

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

Law of Georgia No 5671 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 3

Law of Georgia No 228 of 15 July 2008 – LHG I, No 17, 28.7.2008, Art. 143

Law of Georgia No 1698 of 24 September 2009 – LHG I, No 29, 12.10.2009, Art. 181

Law of Georgia No 3511 of 21 July 2010 – LHG I, No 45, 3.8.2010, Art. 277

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 6439 of 12 June 2012 – website, 22.6.2012

Law of Georgia No 1263 of 20 September 2013 – website, 8.10.2013

Law of Georgia No 3280 of 21 July 2018 – website, 9.8.2018

Law of Georgia No 3619 of 31 October 2018 – website, 21.11.2018

Law of Georgia No 4242 of 27 December 2018 – website, 29.12.2018

Law of Georgia No 4591 of 8 May 2019 – website, 8.5.2019

Law of Georgia No 6880 of 15 July 2020 – website, 28.7.2020

Law of Georgia No 1321 of 30 December 2021 – website, 13.1.2022

                  

Article 4 – Equality before law

1. Everyone shall be equal before law and administrative bodies.

2. The legal rights and freedoms, and legal interests of any party to the administrative and legal relation may not be restricted, or their exercise may not be hindered, and any priority not provided for in the legislation may not be given to them, or any discriminatory measures against any party may not be taken.

3. When case circumstances are similar, dissimilar decisions may not be made against different persons, except when there is a ground provided for by law.

                  

Article 5 – Exercising of powers on the basis of law

1. An administrative body shall not have the right to perform an act in contradiction to the requirements of the legislation.

2. Issuance of an administrative act or other acts by an administrative body entailing restriction of human rights or freedoms granted by the Constitution of Georgia may only be permitted under Chapter Two of the Constitution of Georgia, on the basis of powers granted by the law or a normative act issued hereunder.

3. An administrative act issued, and an act carried out by an administrative body in excess of powers shall not be legally effective and must be declared null and void.

4. Failure of the officials of an administrative body to exercise official powers properly or their exceeding of official powers shall entail the statutory liability.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

         

Article 6 – Procedure for exercising discretionary powers

1. If an administrative body is granted discretionary powers to resolve any issue, it shall exercise such powers within the scope determined by the law.

2. An administrative body shall exercise discretionary powers solely to achieve the aim for which the powers have been granted to it.

                  

Article 7 – Proportion of public and private interests

1. When discretionary powers are exercised, no administrative act may be issued if the prejudice to a person’s rights and interests protected by law substantively exceeds the benefit to be obtained from issuing the act.

2. The measures provided for by an administrative act issued when discretionary powers are exercised may not entail an unfounded restriction of the legal rights and interests of a person.

                  

Article 8 – Impartial resolution of a case

1. An administrative body shall exercise its powers impartially.

2. No official may participate in the administrative proceedings if he/she has a personal interest in the proceedings, and/or there are other circumstances that will affect resolution of the case.

                  

Article 9 – Assurance of an administrative body

1. The assurance of an administrative body shall be a written document of the administrative body confirming that the given act will be performed, which may become grounds for legal reliance of an interested party.

2. Legal reliance in the assurance of an administrative body may not exist if:

a) it is based on the unlawful assurance of the administrative body;

b) a person can no longer meet the established requirements due to the change of the appropriate normative act;

c) it is based on an unlawful act of an interested party.

3. The administrative body shall be authorised to assure to issue an administrative act only after the interested parties have submitted personal opinions and the administrative body has given its written consent. The consent shall be required under the legislation for the issuance of the promised administrative act.

4. The procedures established by the legislation for appealing individual administrative acts shall apply to the assurance made by an administrative body.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 10 – Publicity

1. Everyone shall have the right to have access to public information available at an administrative body, and to receive a copy thereof, unless the information contains a state, professional or commercial secret, or personal data. The issues regarding the issuance and publication as public information of the text of a judicial act adopted following an open court session shall be resolved in accordance with the Organic Law of Georgia on General Courts.

2. The procedure for accessing public information available at the administrative body, and for receiving copies thereof shall be defined by Chapter III of this Code.

3. The administrative body shall ensure public discussion of an issue if so provided for by law.

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 3131 of 13 June 2023 – website, 27.6.2023

                  

Article 11 – Secrecy

A public servant participating in administrative proceedings shall have no right to disclose secret information received or created during the course of administrative proceedings, or to use it for unofficial purposes. The liability for disclosing or using such information shall arise under the procedure defined by law. This may not become a basis for refusing to fulfil the obligation provided for by Article 10 of this Code.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 12 – Right to apply to administrative body

1. Any person shall have the right to apply to an administrative body for solving an issue that falls within its competence and which immediately and directly refers to the rights and legal interests of a person.

2. An administrative body shall review applications submitted with regard to the issues falling within its competence and make appropriate decisions, unless otherwise determined by law.

3. An administrative body must give priority to reviewing an application and an administrative complaint with regard to a child.

Law of Georgia No 5011 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5911 of 21 May 2020 – website, 25.5.2020

                  

Article 13 – Right of the interested party to submit its personal opinion

1. An administrative body may review and resolve a question only after an interested party whose right or legal interest is restricted by an administrative act has been given the opportunity to submit the personal opinion. Exceptions shall be determined by law.

2. The person specified in paragraph 1 of this article must be notified of the administrative proceedings and his/her participation in the proceedings must be ensured.

                  

Article 14 – Language of administrative proceedings

The language of administrative proceedings shall be Georgian, and also Abkhazian in Abkhazia.

 

Article 15 – Timing

Holidays and days-off fixed by the Labour Code of Georgia shall not be counted when determining time limits specified in this code.

                  

Chapter II – General Provisions of Activities of Administrative Bodies

 

Article 16 – Obligation of administrative bodies for mutual assistance

1. An administrative body shall, within its competence and with available means, provide necessary legal assistance to another administrative body on the basis of an appropriate written request.

2. The following shall not be considered legal assistance:

a) compliance with any request of a superior or a subordinate body;

b) any act that an administrative body is obliged to perform by the legislation.

                  

Article 17 – Conditions and scope of legal assistance

An administrative body may apply to another administrative body for legal assistance if:

a) it cannot perform an act on its own due to legal or actual reasons;

b) it lacks sufficient knowledge of the facts necessary to perform an act, and the appropriate administrative body possesses this knowledge;

c) documents or any other evidence necessary to resolve an issue are available at the appropriate administrative body;

d) expenses necessary to perform an act on its own substantially exceed the expenses to be borne for rendering legal assistance by another administrative body.

                  

Article 18 – Refusal to render legal assistance

1. An administrative body may refuse to render legal assistance if:

a) it falls beyond the scope of authority granted to it by law;

b) the legal assistance rendered prejudices state or municipal interests and/or the performance by the administrative body of its obligations imposed by law;

2. If an administrative body refuses to render legal assistance, it shall, within three days, inform the applying administrative body in writing of the refusal.

3. A common superior administrative body shall settle a dispute between administrative bodies regarding rendering legal assistance, and if there is no such body, a court shall settle the aforementioned dispute.

4. A claim shall be brought to the court only after a written refusal to render legal assistance is received from a superior body of an appropriate administrative body.

Law of Georgia No 1698 of 24 September 2009 – LHG I, No 29, 12.10.2009, Art. 181

Law of Georgia No 6880 of 15 July 2020 – website, 28.7.2020

         

Article 19 – Compensation for expenses incurred with regard to rendering legal assistance

1. An administrative body applying for legal assistance shall pay the necessary expenses incurred for rendering legal assistance if the expenses exceed 50 GEL.

2. If more expenses than those specified in paragraph 1 of this article are expected, the administrative body must be notified in advance.

         

Article 20 – Right to officially certify documents

1. An administrative body may certify copies of administrative acts or other documents issued by it or its subordinate body if the contents of the original and the copy correspond to each other.

2. Copies of the documents duly certified and issued by an administrative body shall be legally effective and shall confirm evidence of the original.

3. A document may not be certified if its contents are altered or its integrity is violated.

4. During certification of a document, a paper of certification shall be drawn up to include:

a) the exact name of the document;

b) the evidence of conformation of a copy with the original;

c) the date and place of certification;

d) the signature of a responsible official, and the official seal.

5. Each page of a certified copy must bear the official seal and the signature of a responsible official.

6. Due certification of an administrative act or another document must be registered with an administrative body.

                  

Article 21 – Public expert

1. A natural or legal person, and scientific advisory (expert) bodies set up by an administrative body under the procedure established by the legislation shall be considered a public expert. A member of a public expert institution shall also be considered an expert.

2. An administrative body shall apply to an expert institution or a public expert for an expert opinion, if so provided by law.

3. An administrative body shall submit to an expert information necessary for the expert opinion.

4. A public expert shall submit his/her/its opinion within a period defined by law or by an administrative body.

5. Unless otherwise determined by law, laches of a public expert may not delay issuance of an administrative act.

6. The identity of a person submitting the expert opinion on an administrative act shall be specified in the substantiation of the administrative act, except as provided for in paragraph 7 of this article.

7. The identity of experts that ensure evaluation of the projects submitted within the scope of the competition/competitions for funding a scientific grant project, and an innovation project shall be confidential.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1046 of 16 June 2017 – website, 27.6.2017

                  

Article 22 – Submission of the opinion by the public expert

1. A public expert shall fulfil duties assigned to him/her/it impartially and in good faith.

2. A public expert shall be liable for failure to fulfil or improper fulfilment of his/her/its duties under the procedure established by the legislation.

 

Article 23 – Protection of secret information

A public expert shall not disclose secret information that he/she has become aware of in the course of fulfilling his/her/its duties. This obligation shall be effective even after this public expert has stopped to fulfil his/her/its duties.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 24 – Reimbursement of expenses

A public expert shall be reimbursed for all the necessary expenses he/she/it has borne to fulfil his/her/its duties. An administrative body must be preliminarily informed of the need to bear such expenses.

                  

Article 25 – Legal effect of the expert opinion

Unless otherwise determined by law, an expert opinion shall not be required for an administrative body. The refusal to consider the expert opinion must be substantiated.

                  

Article 26 – Termination of duties of the public expert

A public expert shall be prematurely released from fulfilling his/her/its duties by a body that has made the decision to appoint the public expert if he/she/it has:

a) grossly violated the assigned duties;

b) failed to meet the requirements necessary for holding the position;

c) refused to issue the expert opinion on his/her/its request.

                  

Chapter III – Freedom of Information

 

Article 27 – Definition of terms

For the purposes of this Chapter, the terms used therein shall have the following meanings:

a) public institution – an administrative body, or a legal entity under private law financed from the state or municipal budget, within such funding;

b) collegial public institution – a public institution a managing or consultative body of which consists of more than one person and where decisions are made or prepared jointly by more than one person;

c) member of a collegial public institution – a public servant who participates in making or preparing decisions by the collegial public institution by exercising his/her right to vote;

d) official – an official defined under Article 2 of the Law of Georgia on the Fight against Corruption;

e) session – a review of an issue by members of a public institution to make or prepare a decision on behalf of the institution;

f) publication – entry of public information into the Public Register under the statutory procedure and insurance of availability of public information to the public, and proactive publication of information;

g) public database – the data systematically collected, processed and stored by a public institution or a public servant;

h) (Deleted – 25.5.2012, No 6327);

i) executive privilege – exemption of public institutions and public servants from duties under this Chapter.

j) urgent need – a risk of violation of the legislation or a situation where a real risk to the operation of public institutions in a democratic society is created;

k) proactive publication – placement of public information of public interest on electronic resources by a public institution under the procedure determined by an appropriate subordinate normative act.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 4355 of 27 October 2015 – website, 11.11.2015

Law of Georgia No 159 of 21 December 2016 – website, 18.12.2016

Law of Georgia No 6880 of 15 July 2020 – website, 28.7.2020

Law of Georgia No 2223 of 30 November 2022 – website, 15.12.2022

                  

Article 27¹ – Personal data

The concept of personal data, and the relations associated with their protection and processing shall be governed by the Law of Georgia on Protection of Personal Data.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

                  

Article 27² – Commercial secret

1. Commercial secret – information about a plan, formula, process, or means of a commercial value, or any other information used for manufacturing, preparing or processing of goods, or for rendering services, and/or is a novelty or a significant result of technical activity, and other information that may prejudice the competitiveness of a person if disclosed.

2. Information about an administrative body shall not be a commercial secret.

3. When submitting information, a person shall indicate that the information is his/her commercial secret. A public institution shall, within 10 days, consider the information provided for by paragraph 1 of this article as a commercial secret, except when the requirement of information to be open is determined by law. If a public institution does not consider information a commercial secret when submitting it, it shall decide to make it open and shall immediately notify the person concerned. The information shall become open 15 days after making the decision, unless a person holding this information appeals the decision made with regard to the openness of information before expiry of this period to a superior administrative body, and to a court under the procedure established by the procedural legislation of Georgia. The information holder must immediately notify the public institution of the appeal.

4. Any person may appeal an issue of considering information a commercial secret to a superior administrative body, and to a court under the procedure established by the procedural legislation of Georgia.

5. A public institution shall enter into the Public Register information about a request for a commercial secret by a third party or a public institution, the date of the request, the identity and the address of the requester.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 5671 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 3

                  

Article 27³ – Professional secret

Information representing the personal data or a commercial secret of others and has become known to a person with regard to his/her fulfilment of professional duties shall be a professional secret. Information which does not represent the personal data or a commercial secret of another person may not be a professional secret.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

         

Article 27⁴ – State secret

Information belonging to a state secret shall be defined by the legislation on state secrets.
Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

 

Article 28 – Accessibility of public information

1. Public information shall be open, except for the cases provided for by law and  information belonging to a state, commercial or professional secret or to personal data. The issues regarding the issuance and publication as public information of the text of a judicial act adopted following an open court session shall be resolved in accordance with the Organic Law of Georgia on General Courts.

2. A public institution shall ensure proactive publication of public information under the procedure and conditions determined by an appropriate subordinate normative act.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 2767 of 29 June 2018 – website, 19.7.2018

Law of Georgia No 3131 of 13 June 2023 – website, 27.6.2023

         

Article 29 – Executive privilege

Identities of other public servants participating in the process of preparing decisions by an official (except for the state and political officials) shall be protected against disclosure by reason of executive privilege.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 30 – Decision to classify public information

A decision to classify public information may be made when the law establishes a direct requirement for its protection against disclosure, sets specific criteria for protecting the information against disclosure and contains a complete list of information to be classified.

                  

Article 31 – Period for keeping public information classified

1. Professional and commercial information shall be kept classified for an unlimited term, except as provided by law. A commercial secret must be declared open if it no longer has the value for which it was considered as such.

2. A decision on keeping public information classified and extending its term shall be submitted to the Public Register.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

 

Article 32 – Publicity of sessions

Each collegial public institution shall conduct its sessions in an open and public manner, except as provided for by Article 28 of this Code.

                  

Article 33 – Procedure for publishing classified information

After removing information belonging to a secret, any reasonably separable part of classified public information and of the protocol of a closed session of a collegial public institution must be published. When publishing information in such a case, a person who classified the information, grounds for considering the information classified, and duration of classification shall be specified.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

         

Article 34 – Session of the collegial public institution

1. A collegial public institution shall, one week earlier, make a public announcement about an upcoming session, its place of holding, time and agenda, and when deciding so, it shall also announce about conclusion of the session.

2. In urgent need, a collegial public institution may hold a session without observing the procedure under paragraph 1 of this Article. In such a case, a public institution shall immediately announce about the place, time and agenda of the session, and when deciding so, it shall also announce about conclusion of the session.

3. If a collegial public institution holds a session or closes a session in urgent need, the institution shall, within three days after making a decision, explain the procedure for appealing a decision made at the session. The collegial public institution must enter into the register the results of a roll-call vote for making the decision on concluding the session, and the minutes of the session as provided for in Article 33.

4. A claim with regard to the validity of a session held in urgent need, and of conclusion of the session must be filed in court within one month after holding the session of a collegial public institution. Holding a session of a collegial public institution in breach of the statutory procedure shall result in a declaration of the decision made at this session void by court.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 35 – Public Register

A public institution shall enter public information available at the institution into the Public Register. References to the public information must be entered into the Public Register within two days after receiving, creating, processing or issuing the information. The references must include the title of public information, dates of its receipt, creation, processing, and issuance, and the name of a natural or legal person, public servant, or public institution from which this information was received and/or to which it was sent.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 35¹ – Integrated automated tools for records management

An administrative body may use software and integrated automated tools for records management and access to information, receive issue or release any information and/or document through the integrated automated management tools, unless an interested person has chosen another form of receiving the information defined by this Chapter. An administrative body may store and issue an electronic copy of any document it has created or retained. The data may be entered into the documents issued or released by an administrative body through mechanical and/or electronic tools.

Law of Georgia No 5747 of 2 March 2012 – website, 15.3.2012

Law of Georgia No 1109 of 28 June 2017 – website, 10.7.2017

                  

Article 36 – Insurance of accessibility of public information

A public institution shall designate a public servant responsible for ensuring accessibility of public information and for proactive publication of information.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

                  

Article 37 – Request for public information

1. Everyone shall have the right to request public information regardless of its physical form and storage condition, and to choose the form of receiving public information if it is of different types, and to read the original of the information. If there is a risk of damaging the original copy, the public institution shall provide an opportunity for reading it under supervision, or shall present a duly certified copy.

2. A person shall submit a written application to obtain public information. It shall not be required to indicate the reason or purpose of requesting the public information in the application. When submitting an application to request a commercial secret of another person, an applicant shall submit the consent of a person concerned certified by a notary or an administrative body, except as provided for by law.

3. Public information may be requested electronically, through electronic resources of a public institution.

4. The standard for requesting public information electronically shall be approved by appropriate subordinate normative acts.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

                  

Article 37¹ – Access to personal data and information belonging to commercial secret by public institutions

1. A public institution shall, based on an appropriate written request, issue to another public institution, as a reference, the personal data and information belonging to a commercial secret stored at the public institution, when it is necessary for the public institution to resolve an issue. In this event, the other public institution shall submit a written consent of a person whose personal data or commercial secret is the information concerned.

2. The written consent referred to in paragraph 1 of this article shall be deemed granted if a person expresses his/her consent in an application or any other written document that the public institution, which he/she requests to solve the issue, makes a requisition itself for that person’s personal data or information belonging to a commercial secret from the appropriate public institution.

3. Bodies issuing or requesting another person's personal data or information belonging to a commercial secret shall keep the aforementioned data or information confidential.

Law of Georgia No 2542 of 27 December 2005 – LHG I, No 1, 4.1.2006, Art. 8

 

Article 38 – Access to a copy of public information

Public institutions shall ensure access to copies of public information. Charging any fees for issuing public information other than the cost of making copies shall not be permitted.

                  

Article 39 – (Deleted)

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

 

Article 40 – Issuance of public information

1. A public institution shall issue public information, including public information requested electronically, immediately or not later than 10 days if a reply to the request for public information requires:

a) retrieving of information from its structural subdivisions in another locality or from another public institution, and its processing;

b) retrieving and processing of individual uncorrelated documents of considerable size;

c) consulting with its own subdivision in another locality or with another public institution.

2. If a 10-day period is required for issuing public information, a public institution shall notify the applicant of it upon request.

3. Proactive publication of public information shall not release a public institution from the obligation to duly issue the same or other public information when requested.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

                  

Article 41 – Refusal to issue public information

1. An applicant must immediately be notified of the public institution’s refusal to issue public information.

2. If a public institution refuses to issue public information, it shall, within three days from making the decision, explain to a person in writing his/her rights and the appeal procedure, and specify a structural subdivision or public institution with which consultations were held when making the decision to refuse to issue information.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 41¹ – Decision to issue or refuse to issue public information

Where so provided for in Article 27²(3) of this Code, a public institution shall make the decision to issuing or refuse to issue public information as soon as the time limits specified in this article expire.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

 

Article 42 – Information that may not be classified

Everyone shall have the right to know:

a) information about the environment, and details about the risks endangering their lives and health;

b) the basic principles and core areas of activities of a public institution;

c) the description of the structure of a public institution, the procedure for defining and distributing the functions of employees, and the decision-making procedure;

d) the names and employment addresses of the state employees and public servants of a public institution that hold positions or are responsible for classification of public information or for public relations and provision of information to citizens;

e) the results of open voting held at a collegial public institution for making a decision;

f) all the information related to the election of a person to an elective position;

g) the results of audit reports and inspections regarding the activity of a public institution, and the judicial records of the proceedings a public institution is a party to;

h) the name and location of the public database within the responsibility of a public institution, and the name and the employment address of a person responsible for the public database and of a personal data protection officer (if any);

i) the purposes of, the areas of use and a legal basis for collecting, processing, storing and dispersing data by a public institution;

j) the presence or absence of his/her personal data in a public database, and the procedure for accessing them, including the procedure used for identifying a person if he/she (or his/her representative) applies for reviewing his/her own personal data or making changes thereto;

k) the category of persons authorised by law to access the personal data in the public database;

l) the content and sources of the data in the public database, and the category of persons about whom information is collected, processed and stored;

m) all other information which, in cases provided for and under the procedure determined by law, is not considered the state, commercial or professional secret or is not personal data.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 4355 of 27 October 2015 – website, 11.11.2015

Law of Georgia No 159 of 21 December 2016 – website, 18.12.2016

Law of Georgia No 2767 of 29 June 2018 – website, 19.7.2018

Law of Georgia No 3146 of 14 June 2023 – website, 3.7.2023

                  

Article 43 – (Deleted)

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

 

Article 44 – Confidentiality of personal data

A public institution shall not disclose the personal data of a person without consent of the person, except as provided for by law when it is necessary to ensure state or public security, and to protect public interests, health, or rights of others. Personal data of an official and of a nominee for an office shall be public. The issues regarding the issuance and publication as public information of the text of a judicial act adopted following an open court session shall be resolved in accordance with the Organic Law of Georgia on General Courts.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 2767 of 29 June 2018 – website, 19.7.2018

Law of Georgia No 3131 of 13 June 2023 – website, 27.6.2023

                  

Article 45 – (Deleted)

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

                  

Article 46 – (Deleted)

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

                  

Article 47 – Cancellation or reversal of decisions; compensation for damage

1. A person shall have the right to apply to a court for cancelling or reversing a decision of a public institution, state employee or public servant, and to claim property and non-property damages when:

a) he/she is refused to issue public information, a session of a collegial public institution is completely or partially closed or public information is classified;

b) incorrect public information is created and processed;

c) other requirements of this Chapter are violated by the public institution, state employee or public servant.

2. The burden of proof shall rest with a defending public institution, state employee or public servant.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 4355 of 27 October 2015 – website, 11.11.2015

Law of Georgia No 159 of 21 December 2016 – website, 18.12.2016

                  

Article 48 – Request for classified information by court

A court shall have the right to request and review classified public information to examine the legitimacy of its full or partial classification. The court may, on the motion of a party, conduct the review in chambers.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 49 – Submission and publication of reports

A public institution shall, on December 10 each year, submit to the Parliament of Georgia, the President of Georgia and the Prime Minister of Georgia, and publish in the Legislative Herald of Georgia a report on:

a) the number of applications submitted to a public institution for issuing public information and making amendments to public information, and the number of decisions on rejecting such applications;

b) the number of decisions on granting or rejecting the applications, the name of the public servant making decisions, and the decisions on closing its own session by a collegial public institution;

c) the public databases, and collecting, processing, storing and transferring the personal data by public institutions to others;

d) the number of violations of the requirements of this Code by public servants, and on imposing disciplinary penalties on responsible persons;

e) the legislative acts used by a public institution as a basis for refusing to issue public information, or when closing a session of a collegial public institution;

f) appealing decisions on refusing to issue public information;

g) the costs, including the amounts paid in favour of a party, related to processing and issuing information by a public institution, and to appealing decisions on refusing to issue public information or closing a session of a collegial public institution.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 1263 of 20 September 2013 – website, 8.10.2013

                  

Article 50 – Openness of public information which existed earlier

The public information provided for by Articles 28 and 29 of this Code, except for personal data, commercial and professional secrets, shall be open if it has been created, sent or received before 28 October 1990, in the form excluding the identification of persons mentioned therein during their lifetimes.

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

 

Chapter IV – Administrative acts

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

 

Article 51 – Form of the individual administrative act

1. An individual administrative act shall be issued in writing or verbally.

2. At the request of an interested party, and when an individual administrative act restricts the legal rights and interests of a person, and in other cases directly provided for by law, a verbal individual administrative act must be issued in writing within three days after adoption.

3. The requirements under Articles 52–58 of this Code shall not apply to an individual administrative act issued verbally. The requirements under Articles 54–58 of this Code shall apply to an electronic individual administrative act issued in accordance with the Law of Georgia on Electronic Documents and Trusted Electronic Service, unless otherwise established by law.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 1109 of 28 June 2017 – website, 10.7.2017

Law of Georgia No 419 of 30 March 2021 – website, 13.4.2021

                  

Article 52 – Requisite details of the individual administrative act

1. An individual administrative act must include the following:

a) the type of an individual administrative act;

b) the name of the issuing body of an individual administrative act;

c) the title of an individual administrative act;

d) the surname, first name and signature of an authorised official;

e) the time and place of issuance;

f) the registration number assigned by the issuing body of an individual administrative act.

2. An individual administrative act issued in writing must include the body to which the individual administrative act may be appealed, its address and the time limit for appealing.

3. An individual administrative act issued by a state body of Georgia shall bear the national emblem of Georgia. If a municipality has its own emblem, an individual administrative act issued by a municipality body shall bear a small national emblem of Georgia (in the upper left corner of a viewer) and the emblem of the municipality concerned (in the upper right corner of a viewer), and if a municipality does not have its own emblem, an individual administrative act issued by a municipality body shall bear only a small national emblem of Georgia (in the centre).

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 1698 of 24 September 2009 – LHG I, No 29, 12.10.2009, Art. 181

Law of Georgia No 2947 of 20 April 2010 – LHG I, No 23, 4.5.2010, Art. 126

Law of Georgia No 6880 of 15 July 2020 – website, 28.7.2020

         

Article 52¹ – Requisite details of the normative administrative act

1. Each normative administrative act must have the following requisite details:

a) the type of a normative act;

b) the title of a normative act;

c) the date and place of adoption (issuance) of a normative act (if a change or addendum is made to a normative act, the date of making them as well);

d) the effective date of a normative act and its term of validity (if adopted for a limited period);

e) the signature of an authorised official:

f) the registration number assigned by the issuing (adopting) body, and the state registration code after it is submitted to the State Register of Normative Acts.

1¹. A normative administrative act must meet the requirements established under the Law of Georgia on Normative Acts and the Law of Georgia on Electronic Documents and Trusted Electronic Service.

2. Normative acts of higher state bodies (officials) of Georgia must bear the national emblem of Georgia, and normative acts of a municipality body must bear a small national emblem of Georgia and the emblem (if any) of a municipality concerned.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 2947 of 20 April 2010 – LHG I, No 23, 4.5.2010, Art. 126

Law of Georgia No 1109 of 28 June 2017 – website, 10.7.2017

Law of Georgia No 6880 of 15 July 2020 – website, 28.7.2020

                  

Article 53 – Substantiation of the administrative act

1. An individual administrative act issued in writing must include a written substantiation.

2. Substantiation shall precede the operative part of an administrative act.

3. An administrative act must make a reference to a legislative or subordinate normative act, or an appropriate standard thereof which has served as a basis for issuing the administrative act. The administrative act may also make a reference to the standards of the European Convention on Human Rights and its additional protocols, and test cases of a similar legal issue used by the European Court of Human Rights when making a judgment.

4. If an administrative body was acting within discretionary powers when issuing an administrative act, all the factual circumstances that were of essential importance at the time of issuance of the administrative act shall be specified in the written substantiation.

5. An administrative body shall not be authorised to base its decision on the circumstances, facts, evidence or arguments that were not examined and studied during the course of administrative proceedings.

6. If the law provides for an expert opinion for issuing an administrative act, the content of the opinion shall be included in the written substantiation.

7. An individual administrative act issued in writing shall not require substantiation if:

a) it has been issued at the request of an interested party and does not restrict the legal rights and interests of third persons;

b) an interested party is aware of the factual and legal preconditions having served as a basis for issuing the aforementioned individual administrative act;

c) the law provides for a possibility of its issuance without a written substantiation.

8. When issuing a written administrative act in urgent need without a written substantiation, the written substantiation must be prepared within one week after the individual administrative act is issued.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 1922 of 18 October 2022 – website, 24.10.2022

                  

Article 54 – Entry of the individual administrative act into force

1. Unless otherwise provided for by law, an individual administrative act shall enter into force upon making it accessible for review to a party under the procedure determined by law or on the day of its publication.

2. In cases determined by law, an individual administrative act may enter into force before its publication or making it officially accessible for review if the delay may substantially prejudice the national or public interests, the crime prevention or detection, and the rights or legal interests of a person.

3. The individual administrative act sent to an interested party by post shall enter into force no later than on the seventh day after sending it, except when the interested party has not received the individual administrative act.

4. In case of a dispute over sending an individual administrative act, the burden of proof shall rest with the administrative body.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 55 – Publication of the individual administrative act

1. An individual administrative act shall be published in cases provided for by law.

2. If an individual administrative act concerns more than 50 persons, it may be published instead of making it officially accessible for review. In this event, the individual administrative act shall be provided only to the applicant for review, and if the application is signed by several persons, the individual administrative act shall be provided to a person whose signature stands first in the application.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 56 – Procedure for publishing the individual administrative act

1. An individual administrative act must be published in the official gazette of an appropriate administrative body.

2. If the administrative body has no official gazette, the individual administrative act must be published in printed media circulated within the whole territory of the administrative body’s jurisdiction and issued at least once a week, or be announced publicly.

3. The administrative body shall preliminarily define the procedure for publishing or publicly announcing the individual administrative act referred to in paragraph 2 of this article.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 57 – Public announcement

Public announcement shall mean placement of an individual administrative act in a publicly accessible place within an administrative body. If necessary, an individual administrative act shall also be publicly announced in any other public place.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 58 – Procedure for making the individual administrative act officially accessible for review

1. Unless otherwise determined by law, making an individual administrative act officially accessible for review to an interested party shall mean handing an administrative act to an interested party or sending it by post.

2. If a person fails to receive an individual administrative act sent by post, he/she shall have the right to obtain a copy from an administrative body. No fee shall be charged for issuing a copy of an individual administrative act.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 59 – Correction of errors in the individual administrative act

1. An administrative body shall be authorised to correct technical and calculation errors in an individual administrative act it has issued.

2. Making a substantial amendment to an individual administrative act shall mean the issuance of a new individual administrative act.

3. Correction of errors must be published or made officially accessible for review in the same manner as determined for publishing the individual administrative act or making it accessible for review.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 60 – Null and void administrative act

1. An administrative act shall be considered null and void upon issuance if:

a) its issuing body cannot be identified;

b) it is issued by an unauthorised body or unauthorised person;

c) it cannot be executed for factual reasons;

d) its execution shall entail a criminal or administrative offence.

2. Time limits determined by this Code for appealing administrative acts shall not apply to null and void acts. The issuing body of an administrative act shall declare the administrative act null and void on its own initiative or at the request of an interested party.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 60¹ – Declaration of the administrative act as void

1. An administrative act shall be void if it contradicts the law or if other requirements determined by law for drafting or issuing it have been substantially violated.

2. Issuance of an administrative act at a session held in violation of the procedure under Article 32 or 34 of this Code or in breach of the type of administrative proceedings provided for by law, and/or such violation of the law, which would result in making a different decision on the given question if the violation didn’t exist, shall be considered as a substantial violation of the procedure for drafting or issuing an administrative act.

3. An administrative act shall be declared void by its issuing administrative body, and a compliant or an appeal shall be declared void by a superior administrative body or a higher court.

4. An unlawful enabling administrative act may not be declared void if an interested party has taken legal reliance on the administrative act, except when the administrative act substantially breaches the national, public or another person's legal rights or interests.

5. Legal reliance of an interested party shall exist if it has carried out an act of legal significance on the basis of an administrative act and it will suffer damage by invalidating an illegal administrative act. Legal reliance shall not exist if it is based on an illegal act of an interested party.

6. If an enabling administrative act, which violates the national, public or another person's legal rights and interests, has been declared void, under the circumstance provided for in paragraph 5 of this article, the interested party must be compensated for the damages it suffered by the invalidation of the administrative act, based on the mutual balance between private and public interests.

7. An administrative body or court shall define the legal implications of terminating an administrative act along with the declaration of the administrative act as void. An administrative act may be terminated:

a) from the date of its entry into force;

b) from the date of its declaration as void;

c) in the future, by indicating a specific date.

7¹. If an administrative act issued within the framework of exercising by the National Bank of Georgia of the resolutory powers under the Law of Georgia on the National Bank of Georgia is declared void, a court may impose on the National Bank of Georgia to compensate only for the actually existing damage. The state that existed before the aforementioned act was declared void may not be restored if the restoration of this state may put the stable operation of the financial sector at risk.

8. An administrative act shall be declared void under the procedure determined for adopting an administrative act.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 5661 of 20 December 2019 – website, 31.12.2019

                  

Article 61 – Declaration of the administrative act as invalid

1. An administrative body that has issued an administrative act shall have the right to declare it invalid.

2. An administrative body shall not be authorised to declare an enabling administrative act issued under the law as invalid, except when:

a) it is directly specified in the law or in a subordinate normative act of a superior body issued under the law;

b) it is directly specified in an administrative act, under the legislation;

c) an interested party has failed to fulfil its obligation under the administrative act, which may serve as a basis for declaring the administrative act invalid under the legislation;

d) an appropriate normative act has been annulled or replaced thus depriving the administrative body of the opportunity to issue such an administrative act, and the effect of the administrative act may substantially prejudice national or public interests;

e) there is a recently detected or revealed circumstance, or an appropriate scientific and technical discovery or invention thus depriving the administrative body of the opportunity to issue such an administrative act, and the effect of the administrative act may substantially prejudice the national or public interests;

3. An administrative act shall be declared invalid under the proccedure determined for the issuance of an administrative act.

4. Where so provided for in paragraphs (2)(d) and (e) of this article, an interested party that suffered damages shall be compensated at his/her request if he/she had a ground for legal reliance on the effect of an administrative act. In this case, Article 60(5) of this Code shall apply.

5. The amount of damage compensation shall be determined by the administrative body that declared the administrative act invalid on the basis of a balance between public and private interests.

6. Declaration as invalid shall mean the termination of the effect of an administrative act upon the date of its declaration as invalid. When an administrative act is declared invalid on the basis provided for in paragraph 2(c) of this article, it shall be possible to cancel the legal implications arising from the entry of the administrative act into force.

7. Declaration of an administrative act as invalid shall not entail cancelling the legal implications that arose before it was declared invalid.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 62 – Declaration of part of the administrative act as void or invalid

1. A part of an administrative act must be declared void or invalid in compliance with the requirements of Articles 60 and 61 of this Code.

2. Declaring a part of an administrative act void or invalid shall not result in declaring other parts of the administrative act void or invalid.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 63 – Making changes and additions to the administrative act

1. An administrative body that has issued an administrative act shall have the right to make a change or addition to it.

2. A change or addition to an administrative act shall be made under the procedure determined for drafting and issuing the act.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 64 – Return of the document

After an individual administrative act is declared void or invalid, an authorized administrative and legal body may require that a person return any document issued on the basis of the individual administrative act and evidencing any right.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Chapter V – Administrative Agreements

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 65 – Power of the administrative body to conclude the administrative agreement

1. Unless otherwise determined by law, an administrative and legal relation may arise from, be changed or terminated by way of concluding an administrative agreement. An administrative body may regulate a specific administrative and legal relation, the powers of regulating which have been vested with it by law, through concluding an administrative agreement.

2. The standards of this Code and additional requirements regarding agreements provided for by the Civil Code of Georgia shall apply when concluding an administrative agreement by an administrative body.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 65¹ – Power of the administrative body to conclude the private law agreement

1. An administrative body shall act as a subject of civil law in the private law relations.

2. When an administrative body concludes a civil law agreement, the appropriate norms of the Civil Code of Georgia shall apply.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 66 – Special requirements that the administrative agreement must comply with

1. When concluding an administrative agreement, an administrative body shall act exclusively within powers vested in it by law.

2. An administrative agreement concluded by an administrative body must not contradict the Constitution and legislation of Georgia.

3. The human rights and freedoms specified in Chapter Two of the Constitution of Georgia may not be violated.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 67 – Participation of the third person in conclusion of the administrative agreement

1. An administrative agreement restricting the rights of a third person or imposing any obligation on him/her may enter into force only after the third person submits a written consent.

2. Before concluding an administrative agreement, an administrative body shall notify a third party whose interests are concerned in the administrative agreement.

3. An interested party specified in paragraphs 1 and 2 of this article shall have the right to submit the personal opinion before concluding an administrative agreement.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 68 – Consent of another administrative body

An administrative agreement concluded instead of issuing an administrative act shall enter into force after the written consent of an administrative body, which is necessary under the legislation in order to issue the appropriate administrative act.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 69 – Form of the administrative agreement

Unless otherwise determined by law, an administrative agreement may only be concluded in a written form.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 70 – Declaration of the administrative agreement as void

1. Declaration of an agreement concluded by an administrative body as void shall be regulated by the Civil Code of Georgia.

2. An agreement concluded by an administrative body shall also be void if an administrative act serving as a basis for concluding the agreement is declared void.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 71 – Change of the administrative transaction

1. If the circumstances substantially change thus affecting a party or public interests, the party may seek the other party's consent for changing the administrative agreement.

2. If a change to an agreement substantially contradicts its contents, a party may require that the agreement be terminated.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Chapter VI – General Provisions of Administrative Proceedings; Simple Administrative Proceedings

 

Article 72 – Types of administrative proceedings

1. Types of administrative proceedings shall be as follows:

a) simple administrative proceedings;

b) formal administrative proceedings;

c) public administrative proceedings.

2. Unless the law provides for application of other types of administrative proceedings, an administrative body shall prepare an individual administrative act under the procedure for simple administrative proceedings.

3. When an administrative body makes a decision with regard to the issue concerning administrative proceedings (when an individual administrative act is issued), no separate administrative proceedings shall be initiated, unless otherwise provided for by law.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 73 – Parties to administrative proceedings

1. An administrative body, a natural or legal person may be a party to administrative proceedings.

2. An authorised administrative body shall conduct administrative proceedings.

3. Administrative proceedings shall be conducted in Georgian language, and in the Abkhazian language in Abkhazia.

4. If an application of an interested party or another document he/she has submitted has been prepared in a non-state language, the interested party shall submit a notarially certified translation of the application or the document within the period set by the administrative body.

5. If the law has set a period during which an administrative body is obliged to perform a certain action, this period shall begin only upon presenting the translation, if necessary.

6. If the law has defined a period during which an interested party is obliged to submit any application or document, this period shall be deemed observed when the document is submitted in a non-state language as well.

7. An administrative body may set a period for translation of the submitted document, which may not be less than three days. Laches in translating the document may serve as a basis for refusing to review the application of the interested party.

                  

Article 74 – Administrative legal capacity

1. Unless otherwise determined by law, Articles 12-16 of the Civil Code of Georgia shall apply to legal capacity of a person participating in administrative proceedings.

2. A responsible official or his/her official representative shall represent an administrative body during the course of administrative proceedings.

                  

Article 75 – Participant of administrative proceedings

1. The following shall have the right to participate in the administrative proceedings under the procedure determined by this Code:

a) the applicant;

b) the administrative body authorised to make a decision on the given issue;

c) the person who is granted the right to participate in the administrative proceedings by the legislation of Georgia;

d) another administrative body, in cases provided for by the legislation of Georgia;

e) an interested party.

2. An official of an administrative body participating in the administrative proceedings with respect to children’s rights must be specialised in accordance with the specialisation standards established by the legislation of Georgia.

3. An administrative body shall ensure full access to administrative proceedings in accordance with the Law of Georgia on the Rights of Persons with Disabilities.

Law of Georgia No 5011 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5911 of 21 May 2020 – website, 25.5.2020

Law of Georgia No 6828 of 14 July 2020 – website, 28.7.2020

 

Article 76 – Initiation of administrative proceedings

1. Grounds for initiating administrative proceedings shall be as follows:

a) the application of an interested party;

b) the obligation imposed by the legislation on an administrative body to issue an individual administrative act.

2. Where so provided for in paragraph 1(a) of this article, administrative proceedings shall be initiated from the moment of registration of the application.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 77 – Submission of the application

1. Unless otherwise determined by the legislation, an application must be submitted to an administrative body authorised to resolve the question raised in the application and to issue the appropriate individual administrative act.

2. The procedure for submitting the application and the documents or other information attached, unless it is determined by law or a subordinate act issued on its basis, shall be determined under the statute of an appropriate administrative body.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.07.2005, Art. 245

         

Article 78 – Contents of the application

1. An application must be in a written form and include:

a) the name of an administrative body to which the applicant has applied;

b) the identity and the address of the applicant;

c) the request;

d) the date of submitting the application and signature of the applicant;

e) the list of documents attached to the application, if any.

2. All the documents that an applicant is obliged to submit under the law must be attached to the application.

3. An applicant shall have the right to submit to the administrative body concerned all other documents that may serve as a basis for issuing the individual administrative act requested by the applicant.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 79 – Registration of the application

1. An administrative body shall register an application under the procedure determined by the legislation on the very day of receiving it and put the date and number of registration to it.

2. An administrative body shall send (deliver) to the applicant the confirmation of application registration immediately upon his/her request.

                  

Article 80 – Forwarding of the application to the authorised administrative body

1. If the resolution of an issue requested in the application falls within the scope of another administrative body, the administrative body shall, no later than five days, forward the application with the attached documents to the authorised administrative body.

2. Unless otherwise provided for by law, any opinion for resolving the issues raised in the application may not be presented when forwarding the application to the authorised administrative body.

3. The applicant shall be notified within two days in writing about forwarding the application and the documents attached, along with appropriate substantiation, to the authorised administrative body.

4. If the issue specified in the application is within jurisdiction of a court or an authorised administrative body cannot be identified, the administrative body shall return the application, along with the appropriate substantiation, to the applicant within five days after its submission.

5. The statutory time limit for submitting an application shall also be deemed observed if a person has submitted the application to an unauthorised administrative body within the statutory time limit.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 81 – Inadmissibility of setting of requirements not provided for by law

1. An administrative body shall not be authorised to require that an applicant submit any extra document or information other than a document or information provided for by law.

2. Suspension of administrative proceedings or refusal to review an application on the grounds specified in paragraph 1 of this article shall not be permitted.

                  

Article 82 – Procedure for submitting documents containing commercial secret or personal data

An applicant shall have the right to require protection of the submitted information containing a commercial secret or personal data if he/she seeks to ensure the secrecy of this information.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

                  

Article 83 – Submission of additional information; dismissal of the application without prejudice

1. An administrative body shall, within three days, verify the compliance of an application against the requirements of Article 78 of this Code.

2. If an applicant fails to submit to an administrative body any document or other information provided for by law or a subordinate act issued on the basis of the law, which is required to make a decision over the case, the administrative body shall set a period for the applicant during which he/she must submit an additional document or information.

3. Unless otherwise determined by law, the period set for submitting an additional document or other information may not be less than five days. An administrative body shall be authorised to extend the period for submitting a document or other information at the request of the applicant, but only once and by no longer than 15 days.

4. Unless otherwise determined by law, the running of the time limit for reviewing an application shall be deemed suspended until an additional document or other information is submitted.

5. If an applicant fails to submit the required document or information within the set time limit, an administrative body shall be authorised to make the decision on dismissing the application without prejudice.

6. The running of the time limit for reviewing an application shall be resumed upon submission of the required document or information.

                  

Article 84 – Participation of another administrative body in administrative proceedings

1. An administrative body shall send a copy of the application and the attached documents, within three days after establishing compliance of the application with Article 78, to an administrative body or a public expert who has been granted the right by law to participate in administrative proceedings.

2. Unless a different time limit is set by the legislation, an administrative body and/or a public expert shall present the opinion within two weeks.

3. Unless otherwise determined by law, failure of the administrative body and/or the public expert to present the opinion or presentation of a negative opinion by them within the set time limit shall not impede review of the application and resolution of the issues raised therein.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 85 – Obligation of the administrative body to render legal assistance

1. An administrative body shall explain to an interested party its rights and duties, familiarise it with the application review procedure, the type and time limit of the proceedings, and the requirements that an application or an administrative complaint must comply with, and point out the errors made in the application.

2. An administrative body must provide information and consultation to a child considering cultural sensitivity, based on his/her age, sex and individual capabilities, in a language he/she understands and/or with the use of other auxiliary means of communication.

Law of Georgia No 5011 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5911 of 21 May 2020 – website, 25.5.2020

                  

Article 86 – The right of representation

1. Everyone shall have the right to conduct relations with an administrative body through a representative, and to enjoy assistance of a defence attorney.

2. An administrative body shall require that the representative present a document evidencing his/her representation.

3. An administrative body shall not be authorised to require that an interested party conduct relations with an administrative body through a representative, except as specifically provided for by law.

                  

Article 87 – The representative in administrative proceedings

1. If an applicant or another interested party has appointed a representative, an administrative body shall forward all documents designated for the interested party to the representative.

2. Unless otherwise determined by law, an administrative body shall refer to the representative with regard to all issues concerning administrative proceedings.

3. An interested party represented by another person shall be authorised to attend all oral hearings.

                  

Article 88 – Obligation to appoint the representative

1. An interested party participating in administrative proceedings, who has no permanent residence in Georgia or is registered without indication of the address, shall, within three days after the request of an administrative body, appoint as a representative a legally competent person registered at a specific address in Georgia. All documents designated for the interested party shall be forwarded to the representative.

2. If a person fails to meet the requirement specified in paragraph 1 of this article, an administrative body shall be relieved of the responsibility for failure to forward the document. However, this fact may not serve as a basis for declaring an individual administrative act void, except as determined by law.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 89 – Mandatory appointment of the representative by the applicant

1. If an application has been submitted by more than 25 persons, the signatories to the application shall, within the time limit set by an administrative body, appoint one representative who shall be authorised to conduct relations with the administrative body.

2. Only a natural person may be appointed as a representative.

3. If the representative refuses to exercise his/her powers, the administrative body shall set a time limit to the applicants for appointing a new representative.

                  

Article 90 – Appointment of the representative at the initiative of the administrative body

If the persons provided for by Article 89(1) of this Code fail to appoint a representative within the period set by the administrative body, the first person signing the application shall be considered their representative.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 91 – Reimbursement of administrative proceedings costs

Each party shall reimburse the costs related to the administrative proceedings that it incurred at its initiative or in its favour.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 92 – Inadmissibility of participation in administrative proceedings

1. An official of an administrative body may not participate in the administrative proceedings if he/she:

a) is personally an interested party in the case;

b) is related to an interested party in the case or to its representative;

c) is a representative of an interested party to the case;

d) was an expert with respect to the given issue in the case;

d¹) was a mediator in the same case or another case essentially related to that case;

e) is in labour relations with an interested party participating in the case;

f) or his/her family member holds shares/interests in an enterprise representing an interested party;

g) is a family member of an interested party participating in the case or of its representative.

2. The following persons shall be considered relatives for the purposes of this Code:

a) a lineal relative;

b) a spouse, siblings of a spouse and a lineal relative of the spouse;

c) siblings of a lineal ascendant;

d) siblings, their spouses and children.

3. An official shall notify a superior official of a circumstance specified in paragraph 1 of this article and self-recusal. The application for self-recusal shall be reviewed under the procedure established by Article 93 of this Code.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 4960 of 18 September 2019 – website, 27.9.2019

Law of Georgia No 879 of 2 August 2021 – website, 4.8.2021

         

Article 93 – Application for recusal

1. An interested party participating in the administrative proceedings, who believes that there is a ground for recusing an official of an administrative body participating in the administrative proceedings, shall have the right under Article 91 of this Code to ask for his/her recusal in writing before issuance of an individual administrative act.

2. The application for recusal must be substantiated.

3. The application for recusal shall be reviewed and the issue of recusal or self-recusal shall be solved by a senior official of the official whose recusal was requested. If there is no senior official, the aforementioned issue shall be solved by a head official of a superior body.

4. The issue of recusing an official, who is a member of a collegial body, shall be solved by the collegial body without participation of the official.

5. In the case of recusal or self-recusal of the entire collegial body or of the number of members of the collegial body that causes the body to lose authority to make a decision, and in the case of recusal or self-recusal of an official that has no superior body, an individual administrative act shall be issued by a person performing his/her duties and appointed under the legislation for resolving this issue, or by an independent body.

6. An interested party participating in administrative proceedings shall submit an application for recusal within two days after initiation of the administrative proceedings or within two days from the moment when the fact or circumstance serving as a basis for recusal becomes known to the party.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 94 – Time limit in administrative proceedings; restoration of laches

1. The procedure established by Articles 59-69 of the Civil Procedure Code of Georgia shall apply when calculating the time limit in administrative proceedings.

2. If an interested party is obliged to adhere to the set time limit, the running of the time limit shall begin only from the day when the document or information in question is forwarded to the interested party or from the day when this information is published.

3. The elapsed deadline must be restored if an interested party has unintentionally missed the time limit set by law or an administrative body – because of force majeure, illness, a fault of the administrative body or for other good reason.

4. An interested party shall apply in writing to the administrative body for restoring the elapsed time limit not later than 15 days from eliminating the circumstances specified in paragraph 3 of this article. The appropriate documents and materials evidencing existence of the good reason for the laches must be attached to the application.

5. The administrative body shall review the application for restoring the elapsed time limit within five days.

6. The administrative body may also restore the time limit set by the same administrative body and missed by an interested party for good reason, unless it is prohibited by law and it prejudices a right or a legal interest of a third person.

                  

Article 95 – Participation of the interested party in administrative proceedings

1. An administrative body shall be authorised to invite an interested party to participate in the administrative proceedings at its request, and where so defined by law, the administrative body shall ensure participation of the interested party in the administrative proceedings.

2. An administrative body shall notify an interested party of initiation of the administrative proceedings if an individual administrative act may worsen its legal status, and shall ensure its participation in the administrative proceedings.

3. Unless otherwise determined by law, an administrative body shall invite a person with the right of participation in the administrative proceedings to participate in the administrative proceedings at his/her written request.

4. If the number of persons with the right of participation in the administrative proceedings exceeds 50, an administrative body may officially publish a notice about the administrative proceedings instead of informing each person.

5. The notice about administrative proceedings must contain:

a) the name and the address of the administrative body where the administrative proceedings are conducted;

b) the date of initiating the administrative proceedings;

c) a brief description of the subject of administrative proceedings;

d) the identities of the interested parties to the proceedings;

e) the time limit for issuing an individual administrative act.

6. In a case of emergency, when the delay in issuing an individual administrative act may substantially prejudice public or private interests, an administrative body may make a justified decision to issue the individual administrative act without adhering to the requirements of paragraphs 1 and 2 of this article.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 96 – Investigation of circumstances of the case

1. An administrative body shall investigate all circumstances that are significant to the case during the course of administrative proceedings and make the decision on the basis of evaluation and mutual comparison of the circumstances.

2. Issuance of an individual administrative act may not be based on a circumstance or a fact that is not investigated by the administrative body under the procedure determined by law.

3. An administrative body shall have no right to refuse to accept an application or a motion regarding an issue falling within its powers without a preliminary investigation on the ground that the application or the motion is inadmissible or unsubstantiated.

4. An interested party shall cooperate with an administrative body during the course of administrative proceedings under the procedure determined by the legislation.

5. An interested party shall appear before the administrative body and give an explanation only when it is directly provided for by law.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 97 – Investigation of evidence in administrative proceedings

1. Based on the circumstances of a case, an administrative body shall be authorised to:

a) request documents;

b) collect necessary information;

c) hear the interested parties;

d) examine the scene of an event or an incident;

e) schedule an examination;

f) use necessary documents and acts;

g) apply other measures provided for by the legislation in order to collect, examine and evaluate evidence.

2. A witness or an expert shall give an explanation to an administrative body only in cases clearly defined by law. Explanations shall be accepted under the Civil Procedure Code of Georgia.

                  

Article 98 – The right of the interested party to express the personal opinion

1. An interested party participating in administrative proceedings shall have the right to submit evidence, and motions for investigating the circumstances of the case.

2. An administrative body shall make one of the following decisions with respect to a motion within two days:

a) on granting the motion;

b) on refusing to grant the motion.

3. The right of a child to be heard may not be restricted with the indication of his/her age or another circumstance. A child must be given an opportunity to express his/her own opinion in his/her desirable form.

4. Child-oriented administrative proceedings must be conducted with the uppermost consideration of the best interests of a child, which implies available and perceivable procedures for the child at all stages of the proceedings.

Law of Georgia No 5011 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5911 of 21 May 2020 – website, 25.5.2020

                  

Article 99 – The right to access materials of administrative proceedings

1. An interested party participating in administrative proceedings shall have the right to access materials of the administrative proceedings, except for the materials that are the documents of intra-agency character directly related to the preparation of an individual administrative act.

2. If the interest of accessing a document prevails over the interest of keeping it confidential, in cases provided for by law and by a court decision, the case materials containing personal data, or state or commercial secrets shall also be provided to an interested party for review.

3. The interested party shall access materials of the administrative proceedings at the administrative body conducting the administrative proceedings.

4. In a special situation, an interested party may access materials of administrative proceedings at another administrative body on written request, and at the diplomatic mission or consular office of Georgia in another country.

5. An interested party participating in administrative proceedings shall have the right to request copies of the documents and other materials in the administrative proceedings. Copies of the case materials containing personal data, state or commercial secrets shall be forwarded to the interested party participating in the administrative proceedings only in cases provided for by law, by a court decision.

6. No payment may be imposed nor may other obstacles be created for obtaining a copy of a document or other materials other than the payment for making their copy, and for sending them by post.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 6439 of 12 June 2012 – website, 22.6.2012

                  

Article 100 – Making of a decision

1. Unless otherwise determined by law or by an act issued on its basis, an administrative body shall make a decision on issuing or refusing to issue an individual administrative act within one month after an application is submitted.

2. Unless otherwise determined law, an individual administrative act not related to the interests of a third party must be issued within 15 days after an application is submitted.

3. If, in order to establish circumstances of substantial significance to a case, a time limit longer than it is provided for by the legislation for issuing an individual administrative act is required, an administrative body shall, when the administrative proceedings are initiated, make a decision on defining the time limit for issuing the individual administrative act.

4. Where so provided for in paragraph 3 of this article, the overall time limit for issuing an individual administrative act must not exceed three months.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 101 – Presentation of the personal opinion by the applicant when refused to issue the individual administrative act

1. Before issuing an individual administrative act on the refusal to grant an application, an administrative body shall give an applicant an opportunity to present his/her personal opinion with regard to the circumstances being the grounds for refusing the application when:

a) the refusal is based on the information about the applicant;

b) information the refusal is based on is different from the information presented by the applicant.

2. The requirement under paragraph 1 of this article shall not apply if the applicant has already presented his/her personal opinion with regard to the aforementioned circumstance and in emergency cases, when the delay in issuing an individual administrative act may substantially prejudice the public interest. In such a case, the administrative body shall specify the emergency.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 102 – Procedure for resubmitting an application on one and the same issue

1. An application concerning the issue with regard to which there is an individual administrative act issued by an administrative body on refusing to grant an application or a complaint, may only be submitted if the actual or legal situation that has served as a basis for issuing the individual administrative act has changed in favour of the interested party, or if there are newly discovered or newly revealed circumstances (evidence) that ensure issuance of a more favourable individual administrative act for the applicant.

2. If there are no newly discovered or newly revealed circumstances in the application, the administrative body shall issue an individual administrative act to dismiss the application without reviewing it. The legal act that served as a basis for refusing to grant the application must be indicated in the individual administrative act.

3. An application for resuming the administrative proceedings shall be accepted only if the failure to submit the aforementioned circumstances or facts during the administrative proceedings was not caused by the applicant.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Chapter VII – Administrative Proceedings in Collegial Administrative Body

 

Article 103 – Procedure for administrative proceedings in the collegial administrative body

1. Unless otherwise determined by law, administrative proceedings in a collegial administrative body shall be conducted under the procedure determined by Chapter VI of this Code and in consideration of the provisions specified in this Chapter.

1¹. Unless otherwise determined by law, procedures established for public administrative proceedings shall apply when a normative administrative act is adopted by a collegial administrative body.

1². Procedures provided for by the Constitution of Georgia, the Law of Georgia on Normative Acts, this Code and other legislative acts, and subordinate acts issued on their basis shall apply to the adoption of a normative administrative act by a collegial administrative body.

2. Unless otherwise determined by law or a subordinate act issued on its basis, the decision concerning the application submitted to a collegial body shall only be made by the collegial administrative body. An exception to this shall be the right of an authorised official of the collegial administrative body to forward the application to an authorised administrative body or return it to the applicant if the resolution of the issues raised in the application is beyond the scope of the collegial administrative body.

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

         

Article 104 – Procedure for conducting the session of the collegial body

1. A senior official of a collegial administrative body shall open and close a session of the body, while in his/her absence, the chairperson of the session appointed (elected) in accordance with the legislation shall open and close the session.

2. The chairperson shall preside over the session in accordance with the agenda of the session.

         

Article 105 – Quorum

1. All members of a collegial administrative body must be invited to its session.

2. A collegial administrative body shall be duly constituted to make a decision if more than a half but not less than three of its members attends the session.

3. A decision of a collegial administrative body shall be adopted if supported by more than a half of the members attending the session, except as provided for by the legislation.

         

Article 106 – Minutes of the session of the collegial administrative body

1. The minutes of session shall be drawn up at each session of a collegial administrative body. The following details must be specified in the minutes:

a) the name of the collegial administrative body;

b) the time and place of the session;

c) the identities of the chairperson of the session and the members;

d) the subject matter of the session;

e) the results of voting;

f) the decision adopted.

2. The minutes of a session shall be signed by the chairperson of the session, and the secretary if he/she participated in drawing up the minutes.

 

Article 106¹ – Initiation of administrative proceedings for adopting the normative administrative act by the collegial administrative body

1. Administrative proceedings for adopting a normative administrative act by a collegial administrative body having the right to adopt a normative administrative act shall be initiated by decision of the same body.

2. The decision on initiating administrative proceedings for adopting a normative administrative act shall be written and shall be an individual administrative act.

3. Administrative proceedings for adopting a normative administrative act may be initiated on the basis of an application of a natural or legal person, or an administrative body, only if so provided for by law.

4. Article 177(4) of this Code shall apply to appealing the decision on initiating administrative proceedings.

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

 

Article 106² – Publication of the draft normative administrative act of the collegial administrative body

1. The draft normative administrative act must be published in accordance with the procedures provided for in Articles 55 and 56 of this Code or on the website of a collegial administrative body.

2. A notice of the administrative proceedings must also be published along with the draft normative administrative act.

3. The following details shall be specified in the notice of the administrative proceedings:

a) the name of a collegial administrative body where the administrative proceedings are conducted;

b) the time limit for adopting the normative administrative act;

c) the address of a collegial administrative body to whom opinions can be submitted;

d) the time limit for submitting the opinions.

4. If the draft normative administrative act is large in volume and a collegial administrative body has no own website, the collegial administrative body shall be authorised to only publish a notice of the administrative proceedings for adopting the normative administrative act. In such a case, the name and a brief summary of the normative administrative act shall be indicated in the notice.

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

         

Article 106³ – Submission of opinions by administrative bodies or the public expert

1. A draft normative administrative act of a collegial administrative body must be sent to the administrative bodies that are authorised to regulate legal relations provided for by the normative administrative act or part thereof. It must also be sent to the aforementioned administrative bodies when it is directly provided for by law, or if the law requires that the administrative bodies present opinions with regard to such normative administrative act.

2. The draft normative administrative act of a collegial administrative body must also be sent to a public expert if the law requires that the expert present an opinion.

3. The administrative bodies, and the public expert, to whom the draft normative administrative act of a collegial administrative body has been sent, shall submit their own opinions on the draft normative administrative act within the time limit set by the legislation of Georgia or the respective collegial administrative body. The time limit may not be less than 10 days.

4. The opinion presented by another administrative body must be reviewed before the administrative proceedings are completed and must be replied in written form.

5. Unless otherwise determined by law, the failure of another administrative body or the public expert to present an opinion within the set time limit may not impede the adoption of a normative administrative act by a collegial administrative body.

6. A normative administrative act of a collegial administrative body may not be adopted without the opinion of a respective administrative body if the opinion is required by law or by an act issued on its basis.

7. Unless otherwise determined by law, a negative opinion shall not impede the adoption of a normative administrative act of a collegial administrative body.

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

         

Article 106⁴ – Submission of personal opinion

1. Everyone shall have the right to submit a personal opinion with respect to a draft normative administrative act of a collegial administrative body.

2. Each opinion on a draft normative administrative act must be reviewed by a respective collegial administrative body. It shall not be necessary to reply to an opinion.

3. A person shall be authorised not to indicate his/her identity when submitting his/her personal opinion.

4. A collegial administrative body shall send the opinions presented by private persons to another respective administrative body and a public expert within one day after registration.

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

                  

Article 106⁵ – The time limit for drawing up and adopting the normative administrative act

Unless otherwise determined by law or a subordinate act issued on its basis, the time limit for drawing up and adopting a normative administrative act shall be defined by decision of a collegial administrative body on initiating the administrative proceedings for adopting the normative administrative act.

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

                  

Chapter VIII – Formal Administrative Proceedings

 

Article 107 – Issuance of the individual administrative act through formal administrative proceedings

1. An individual administrative act shall only be issued on the basis of formal administrative proceedings if it is directly provided for by law.

2. Formal administrative proceedings shall be conducted under the procedure determined by Chapter VI of this Code, unless otherwise provided for by law.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 108 – Participation of the interested party in formal administrative proceedings

1. Unless otherwise determined by law, an administrative body shall notify all the interested parties of the initiation of formal administrative proceedings and shall ensure their participation in the administrative proceedings.

2. Unless otherwise determined by law, refusal of an interested party to participate in the administrative proceedings shall not suspend the formal administrative proceedings.

3. An interested party must be given an opportunity to present its opinion or motion with respect to all the circumstances of the administrative proceedings.

 

Article 109 – The witness and expert in formal administrative proceedings

1. In formal administrative proceedings, a witness shall give evidence, and an expert shall present his/her opinion.

2. (Deleted).

3. An interested party shall be given an opportunity to express its opinion with respect to the expert opinion or the evidence given by the witness.

4. An interested party shall have the right to attend the questioning of a witness or expert, ask questions of them, review the written expert opinion, and be present at the examination of the scene of an event.

5. Expenses of the witness or expert invited by an interested party shall be paid by the interested party.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 110 – Oral hearing

1. An administrative body shall make a decision only on the basis of holding an oral hearing.

2. Interested parties must be notified of an oral hearing at least 7 days before holding it and must be invited to participate in the oral hearing.

3. The power of the administrative body to review the case and make a decision even without participation of an interested party shall be indicated in the invitation, except as provided for by law.

4. If the number of interested parties exceeds 50, an administrative body shall be authorised to invite the interested parties to participate in the oral hearing through publication of a notice in the official gazette. The notice must contain the subject of the oral hearing, the name of the administrative body holding the hearing, the grounds for initiating the administrative proceedings, and the time and place of the hearing.

5. The oral hearing, normally, must not continue for more than one working day.

 

Article 111 – Procedure for holding oral hearing

1. A session of an oral hearing shall be public. The chairperson of a session shall be authorised to declare the session closed to ensure confidentiality of personal data, state, commercial or professional secrets.

2. An authorised official of an administrative body shall open and chair the session.

3. An authorised official of an administrative body, a representative of a superior body, an interested party, an expert invited to the hearing and a witness shall have the right to participate in an oral hearing.

4. The chairperson of the session shall ensure examination of the significant circumstances of the case at the oral hearing and to allow an interested party to express its opinion with respect to the case.

5. An interested party shall have the right to submit a motion for examining the significant circumstances of the case.

6. The chairperson of the session shall ensure order at the session. He/she shall be authorised to warn an offender, and in a particular case, he/she shall expel him/her from the hall.

7. The session may continue without participation of the expelled person.

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

         

Article 112 – Minutes of the oral hearing session

1. Minutes shall be maintained at the session.

2. The following details shall be indicated in the minutes of the session:

a) the name of administrative proceedings with regard to which the hearing is held;

b) the name of the administrative body;

c) the time and place of the hearing;

d) the identities of the chairperson, interested parties, experts and witnesses participating in the hearing;

e) the subject matter of the hearing, a brief review of the application submitted;

f) a brief description of the evidence given by witnesses and experts;

g) a description of the results of examination of the scene of the event.

3. The chairperson and the secretary of the session shall sign the minutes of the session.

4. An interested party shall have the right to review the minutes and submit notes about it within three days after review of the minutes, and to specify inaccurate or incomplete information contained therein. If the administrative body agrees with the note, it shall confirm its validity, and if it disagrees with the note, it shall issue an individual administrative act on refusing the note.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 113 – Issuance of the individual administrative act

1. Unless another time limit is set by law, an individual administrative act shall be issued within five days after holding an oral hearing.

2. The individual administrative act shall be forwarded to an interested party under the procedure determined by this Code.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 114 – Formal administrative proceedings conducted by the collegial body

1. If formal administrative proceedings are conducted in a collegial body, all members of the collegial body shall have the right to ask a question concerning the circumstances of the case.

2. Only a member of a collegial body who has participated in the oral hearing of the case shall have the right to participate in the voting for adopting the individual administrative act.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Chapter IX – Public Administrative Proceedings

 

Article 115 – Issuance of the individual administrative act through public administrative proceedings

1. An individual administrative act shall be issued under the procedure determined by this Chapter only if it is directly provided for by law.

2. The procedures determined by this Chapter shall apply when issuing an individual administrative act with regard to administration of state or municipal property, licensing, issuance of environmental permits, standardisation, and allocation of telecommunication frequency.

3. An individual administrative act may also be issued by decision of an administrative body and under the procedure determined by this Chapter when it refers to the interests of general public.

4. Where so provided for by paragraph 3 of this article, a responsible person of an administrative body shall make a decision with the consent of a superior administrative body (official). If the administrative body has no superior administrative body, the decision on initiating public administrative proceedings shall be made by the responsible official of the administrative body.

5. Public administrative proceedings shall be conducted under the procedure determined by Chapter VI of this Code considering the provisions of this Chapter, unless otherwise determined by law.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 1139 of 27 March 2009 – LHG I, No 8, 8.4.2009, Art. 27

                  

Article 116 – Publication of the notice on submitting documents for public access

1. An administrative body shall publish a notice, under the procedure determined by this Code, on submitting documents for public access.

2. The following details must be specified in the notice:

a) the administrative body where the administrative proceedings are conducted and its address. If materials of the administrative proceedings can also be reviewed at another administrative body, the name and address of this body must be specified in the notice;

b) a brief summary of the application and/or of the administrative body’s decision on initiating the administrative proceedings;

c) the deadline for issuing an individual administrative act;

d) the deadline for submitting a personal opinion.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 117 – The list of documents to be submitted for public access

1. The following documents must be submitted for public access:

a) the application and the documents attached thereto, and the decision of an administrative body on initiating administrative proceedings;

b) opinions submitted to the administrative body with respect to the application;

c) the list of documents not submitted for public access.

2. Everyone shall have the right to freely review the documents submitted for public access at the administrative body where the administrative proceedings are conducted. Where so provided for by law or by justified decision of the administrative body, the documents of public administrative proceedings may be submitted for public access to another administrative body with the consent of the latter.

3. Everyone shall have the right to request copies of the documents submitted for public access.

                  

Article 118 – Procedure for submitting the personal opinion

1. Everyone shall have the right to submit a personal written opinion within 20 days from submission of an application for issuing an individual administrative act, or of a draft individual administrative act for making it publicly accessible.

2. A person shall have the right to indicate his/her name and surname when submitting a personal opinion. This right must be indicated in a notice on submitting a document for public access.

3. An administrative body shall put the date of registration on the document.

4. An administrative body shall forward the opinions submitted by natural persons to another appropriate administrative body and a public expert within one day from registering the opinions.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 119 – Preparation of the draft individual administrative act and its submission for public access

Unless another time limit is set by law or a subordinate act issued on its basis, an administrative body shall prepare a draft individual administrative act within one month after registering the application.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 120 – Oral hearing; issuance of the individual administrative act

1. An oral hearing must be held when public administrative proceedings are conducted, during which provisions under Articles 110-112 of this Code shall apply. An administrative body shall issue an individual administrative act within 10 days after the oral hearing.

2. If the law or a subordinate act issued on its basis provides for a possibility of postponing the deadline for issuing an individual administrative act, the administrative body shall announce about the postponed deadline for issuing the individual administrative act in advance.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 121 – Publication of the individual administrative act

An administrative act issued on the basis of public administrative proceedings must be published.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Chapter X – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

 

Article 122 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 123 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

 

Article 124 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 125 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

 

Article 126 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 127 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

 

Article 128 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 129 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 130 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

 

Article 131 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 132 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

 

Article 133 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 134 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 135 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 136 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 137 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 138 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 139 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 140 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 141 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 142 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 143 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

 

Article 144 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 145 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 146 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 147 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 148 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 149 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 150 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 151 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

 

Article 152 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 153 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 154 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

 

Article 155 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

                  

Article 156 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

         

Article 157 – (Deleted)

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

 

Chapter XI – Procedure for Issuing Individual Administrative acts by Independent Bodies

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 158 – Obligation to issue the individual administrative act through the independent body

1. An individual administrative act must be issued only by an independent body (mandatory authorisation) when:

a) (Deleted – 4.5.2018, No 2278);

b) making a decision on privatising state (municipal) property (enterprise) if the price exceeds GEL 100 000;

2. The obligation to issue another type of individual administrative act by an independent body may also be established by law.

3. The independent body shall issue an individual administrative act under the procedure determined by this Code for administrative proceedings.

4. The requirements under Articles 8 and 92 of this Code shall apply to the independent body.

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

Law of Georgia No 1517 of 2 June 2005 – LHG I, No 26, 6.6.2005, Art. 177

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 2278 of 4 May 2018 – website, 24.5.2018

 

Article 159 – Appointment of the independent body

1. An independent body may consist of one or several natural or legal persons that have the appropriate qualifications and can ensure impartial resolution of an issue.

2. The independent body shall be appointed on the basis of an open tender by the administrative body within the scope of competence of which is the resolution of the aforementioned issue.

 

Article 160 – Appointment of the independent body by the President of Georgia and the Prime Minister of Georgia

The President of Georgia and the Prime Minister of Georgia shall be authorised to appoint an independent body for settling an administrative complaint.

Law of Georgia No 1263 of 20 September 2013 – website, 8.10.2013

 

Article 161 – Inadmissibility of submission of the administrative complaint

An administrative complaint may not be filed with a higher authority against an individual administrative act issued by an independent body. It may only be appealed to a court.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Chapter XII – Enforcement of Individual Administrative acts

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 162 – The body authorised to enforce the individual administrative act

1. Unless otherwise determined by law, an administrative body issuing an individual administrative act shall enforce the administrative act.

2. An individual administrative act may also be enforced, by order of the administrative body issuing the administrative act, by a subordinate or another administrative body. In this case, the provisions of Chapter II of this Code on mutual assistance between administrative bodies shall apply.

3. Unless otherwise determined by law or a subordinate act issued on its basis, an administrative body can delegate the powers for enforcing an individual administrative act through a one-time delegation, and a delegation for a specific period.

4. An official on whom the duty to officially enforce an individual administrative act is imposed shall have the right to enforce.

5. A person shall carry an identity document evidencing the respective right and to present it at the request of the persons with respect to whom an act is being enforced.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 163 – Procedure for enforcing an individual administrative act

1. An administrative body (official) responsible for enforcement shall exercise its powers vested in it/him/her by the law only within the scope necessary to ensure enforcement of an individual administrative act.

2. The powers of the administrative body (official) responsible for enforcement may be restricted by an individual administrative act of a superior administrative body (official).

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 164 – Obligation to comply with the requirement of the authorised administrative body

1. Everyone shall comply with a legitimate requirement of an authorised administrative body (official) regarding enforcement of an individual administrative act.

2. Unless otherwise determined by law or a subordinate act issued on its basis, a person shall have the right to refuse to comply with an enforcement-related requirement if this contradicts the obligation imposed on him/her by the law, or entails disclosure of personal data, or a state, commercial or professional secret which he/she is obliged by law to keep confidential.

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

                  

Article 165 – Decision on ensuring enforcement

1. For enforcing an individual administrative act, an administrative body (official) can carry out any action provided for by the law with respect to another person only when the decision on ensuring enforcement has been issued.

2. When an application for ensuring enforcement has been submitted, an administrative body shall resolve the issue within 10 days. A decision on ensuring enforcement shall be written and shall be an individual administrative act.

3. The individual administrative act to be enforced may include a decision on ensuring enforcement.

4. A decision on ensuring enforcement must include the individual administrative act for the enforcement of which the decision is issued.

6. In case of failure to apply one means of ensuring enforcement, an individual administrative act must be issued regarding the application of another means of enforcement.

7. The amount of expenses and the payment procedure must be specified in the decision on ensuring enforcement. An administrative body shall have the right to change the amount of expenses in the future according to the actions carried out to enforce the individual administrative act.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 166 – Administrative proceedings for issuing the decision on ensuring enforcement

1. The requirements determined by Articles 95 and 98 of this Code shall not apply to the administrative proceedings for issuing a decision on ensuring enforcement.

2. In an emergency, when the national or public security, health of the population, human lives are put at risk, or when a criminal action cannot be otherwise prevented, a decision on ensuring enforcement may be issued verbally.

3. A decision on ensuring enforcement must be issued in writing within three days after applying an enforcement measure under Chapter IV of this Code.

 

Article 167 – Time limit for voluntary execution of the individual administrative act

1. A person, in relation to whom a means of enforcement is applied, must be granted a time limit for voluntary execution of an individual administrative act.

2. An administrative body shall exactly define which action a person is assigned to carry out to enforce the individual administrative act.

3. A person shall have the right to fulfil the appropriate obligation via the most convenient means for him/her.

4. A means of enforcement shall not be applied to a person who fulfils the obligation specified in the decision on ensuring enforcement within the set time limit. If the person fulfils the appropriate obligation within the set time limit, the decision on enforcement shall cease to be effective.

5. In the case of emergency specified in Article 166 of this Code, the time limit may not be defined.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 168 – Payment of the enforcement-related expenses

1. Unless otherwise determined by law or an individual administrative act issued on its basis, expenses related to the enforcement of the individual administrative act shall be borne by a person obliged to enforce the individual administrative act.

2. If no time limit has been defined for a person to voluntarily enforce an individual administrative act in the case provided for by Article 167(5) of this Code, the enforcement-related expenses shall be borne by the State or an appropriate municipality, respectively, except when the urgent necessity was caused by an action of a person who was obliged to enforce the individual administrative act.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 1698 of 24 September 2009 – LHG I, No 29, 12.10.2009, Art. 181

Law of Georgia No 6880 of 15 July 2020 – website, 28.7.2020

 

Article 169 – Means for ensuring enforcement

1. An administrative body shall have the right, after expiration of the time limit allowed to a person for the voluntary enforcement of an individual administrative act, to apply one of the following means to ensure enforcement of the individual administrative act:

a) designation of another person to enforce the individual administrative act;

b) a penalty;

c) direct coercion.

2. An administrative body shall have the right to apply only the enforcement means provided for in the decision on ensuring the enforcement.

3. An administrative body shall have the right to choose only the means of enforcement that ensures execution of the individual administrative act in the fastest way and with the least expense and causes no harm to the public and to a person concerned.

4. Application of a means of enforcement must be terminated after the individual administrative act is enforced.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 170 – Assignment of the enforcement of the individual administrative act to another person

1. If an individual administrative act can be enforced by another person, an administrative body shall have the right to assign another person to enforce the act in accordance with the procedures determined by this Code and other legislative acts of Georgia.

2. An administrative body shall be reimbursed for the expenses related to the enforcement of an individual administrative act by an appropriate natural or legal person.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 171 – Insurance of enforcement by penalty

1. A penalty, as a means of enforcement under civil law, shall be applied when the individual administrative act can be enforced only by the declaration of intent of a person concerned.

2. A penalty, as a means of ensuring enforcement, may also be applied if there is a possibility for assignment of an action related to the enforcement of another individual administrative act.

3. The amount of penalty must be defined by the decision on ensuring enforcement. The amount of the penalty may be defined as a total sum or as a sum for each day of violation of an individual administrative act, and/or for every action committed in violation of the individual administrative act.

4. The total amount of penalty must not exceed GEL 1 000 for a natural person and GEL 5 000 for a legal person.

5. The amount of penalty for each day of violation of an individual administrative act or for an action committed in violation of an individual administrative act must not exceed GEL 50 for a natural person and GEL 200 for a legal person.

6. The minimum amount of penalty shall be GEL 5.

7. The amount of penalty shall be transferred to the State Budget or to the budget of a territorial unit.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 172 – Direct coercion

1. If an individual administrative act was not enforced regardless of application of the means of ensuring enforcement specified in Articles 170 and 171 of this Code, an administrative body responsible for enforcement shall have the right to ensure enforcement of the individual administrative act through direct coercion.

2. Direct coercion may also be applied in the case provided for in Article 166(2) of this Code.

3. An administrative body shall apply the means of direct coercion that is provided for by law or a subordinate act issued on its basis.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 173 – Enforcement in relation to municipal bodies

Provisions of this Chapter with respect to the enforcement of an individual administrative act shall not apply in relation to municipal bodies.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 1698 of 24 September 2009 – LHG I, No 29, 12.10.2009, Art. 181

Law of Georgia No 6880 of 15 July 2020 – website, 28.7.2020

 

Article 174 – Enforcement of the individual administrative act during the state of emergency or martial law

During a state of emergency or martial law, and in relation to the enforcement of an individual administrative act by the police, the law may establish a procedure different from this Code.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 175 – Special procedure for enforcing the individual administrative act related to making monetary payments

1. The means of ensuring enforcement specified in Article 169 of this Code shall not be applied in relation to the enforcement of an individual administrative act related to making a monetary payment.

2. A decision of an appropriate administrative body on ensuring enforcement shall be required for the enforcement of an individual administrative act related to making a monetary payment.

3. If a person obliged to pay under an individual administrative act refuses to make a monetary payment, an administrative body shall have the right to make a decision on ensuring enforcement, under which an authorised person shall impose the obligation on the debtor to transfer the sum of money to be given to him/her to the account of an administrative body.

4. Collection of money from a person and arrest of property shall be carried out on the basis of a writ of execution under the procedure determined by the Law of Georgia on Enforcement Proceedings.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 176 – Appeal of the decision on ensuring enforcement

1. The decision on ensuring enforcement shall be appealed under the procedure determined by this Code.

2. If the means of ensuring enforcement selected under the decision on ensuring enforcement and enforcement time limit directly proceed from the individual administrative act for the enforcement of which it has been issued, the decision may be appealed only along with the appropriate individual administrative act.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Chapter XIII – Administrative Proceedings for Administrative Complaints

 

Article 177 – The right to appeal administrative act

1. An interested party shall have the right to appeal an administrative act issued by an administrative body.

2. Violation by an administrative body of the time limit set for issuing an administrative act shall be considered a refusal to issue the administrative act and it shall be appealed under the procedure determined by this Chapter.

3. An action by an administrative body not related to the issuance of an administrative act shall be appealed under the procedure determined by this Chapter.

4. The decision of an administrative body made with respect to the issue of administrative proceedings shall not be appealed separately, unless it is directly provided for by law or when it violates the right or legitimate interest of a person independently of the appropriate administrative act.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

         

Article 178 – The administrative body authorised to review the administrative complaint

1. Unless otherwise determined by law or a subordinate act issued on its basis, an administrative complaint shall be reviewed and resolved by an administrative body issuing the administrative act if there is an official at the administrative body superior to the official or to the structural sub-division that has issued the administrative act.

2. A superior administrative body shall review and resolve an appeal filed against an administrative act issued by a senior official of an administrative body.

3. A person may apply to a court under the procedure determined by the Administrative Procedure Code of Georgia for protection of his/her rights and freedoms.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 5671 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 3

                  

Article 179 – Administrative complaint

1. Administrative proceedings shall be initiated under the procedure determined by this Chapter only if the administrative complaint is filed.

2. An administrative complaint must be drawn up in writing and comply with the requirements of this Code.

 

Article 180 – Time limit for appealing the administrative act

1. An administrative complaint must be filed within one month from the date of publication of or becoming officially familiar with the administrative act, unless otherwise determined by law.

2. An action by an administrative body must be appealed within one month from the date when an interested party became aware of performance or refraining from performance of the actions.

3. The time limit for appeal may not be determined if an administrative body fails to observe the time limit for issuing an administrative act.

4. If laches in appealing an administrative act was caused by a force majeure circumstance or other good reason, the time limit must be restored.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

         

Article 181 – Contents of the administrative complaint

1. The following details must be specified in an administrative complaint:

a) the name of an administrative body with which the administrative complaint is filed;

b) the identity and the address of a person filing the administrative complaint;

c) the name of an administrative body whose administrative act or action is appealed;

d) the name of an administrative act appealed;

e) the claim;

f) the circumstances on which the claim is based;

g) the list of documents attached to the administrative complaint, if any.

1¹. An administrative complaint may make a reference to the incompliance of an appealed administrative act with the law on which the claim of the administrative complaint is based. The administrative complaint may also make a reference to the standards of the European Convention on Human Rights and its additional protocols, and test cases of a similar legal issue used by the European Court of Human Rights, the incompliance with which the claim of the administrative complaint may be based on.

2. If the administrative act was forwarded to the person filing the administrative complaint, a copy of the act shall be attached to the administrative complaint.

Law of Georgia No 1922 of 18 October 2022 – website, 24.10.2022

                  

Article 182 – Refusal to accept or review the administrative complaint

1. An administrative body shall refuse to review an administrative complaint if:

a) there is a court decision or ruling on waiver of the action by the claimant, an admission of the action by the defendant, or confirmation of conciliation of the parties with respect to the same matter of dispute;

b) a case on the dispute between the same parties, over the same matter and on the same ground is pending in court;

c) there is a decision of this administrative body or a superior administrative body on the same issue;

d) the administrative proceedings are pending at the superior administrative body with respect to the same administrative complaint;

e) (Deleted – 20.3.2015, No 3382);

f) the administrative complaint has been filed by a person having no right to do so;

g) the statutory time limit for filing the administrative complaint has expired.

2. The administrative body shall, before making a decision on refusing to accept or review an administrative complaint, give the person filing the administrative complaint an opportunity to present a personal opinion on the aforementioned issue. The administrative body shall make a decision on accepting the administrative complaint within five days.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 3382 of 20 March 2015 – website, 31.3.2015

                  

Article 183 – Time limit for reviewing the administrative complaint

1. Unless otherwise determined by law or a subordinate act issued on its basis, an authorised administrative body shall review an administrative complaint and make an appropriate decision within one month.

2. If so provided for by law, when a time limit longer than determined by the legislation for reviewing an administrative complaint is required to establish circumstances of substantial significance to the case, the administrative body shall be authorised to make a substantiated decision on extending the time limit for reviewing the administrative complaint.

3. The administrative body shall make the decision referred to in paragraph 2 of this article not later than seven days after initiating administrative proceedings, and shall immediately notify the appellant.

4. Unless otherwise provided for by law or an administrative act issued on its basis, a time limit for reviewing an administrative complaint may be extended by no longer than one month.

                  

Article 184 – Suspension of validity of the administrative act upon filing the administrative complaint

1. Unless otherwise provided for by law or a subordinate act issued on its basis, the validity of an appealed act shall be suspended from the time of registration of an administrative complaint. The administrative body shall issue an individual administrative act about the suspension.

2. The validity of an administrative act shall not be suspended if:

a) it entails an increase in the state or municipal expenses;

b) it is an administrative act of the police adopted with respect to the protection of public order;

c) it has been issued during an emergency situation or martial law on the basis of an appropriate law;

d) the postponement of enforcement entails considerable material loss or substantially endangers public order or security.

3. A decision on extending the validity of an administrative act based on paragraph 2 of this article shall be made by the administrative body issuing the administrative act or its superior body.

4. The decision by the administrative body referred to in paragraph 3 of this article may be appealed in court under the procedure determined by the legislation.

5. An interested party shall have the right to require that the court extend the validity of a suspended administrative act as provided for by legislation.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 1698 of 24 September 2009 – LHG I, No 29, 12.10.2009, Art. 181

Law of Georgia No 6880 of 15 July 2020 – website, 28.7.2020

         

Article 185 – Procedure for reviewing the administrative complaint

Unless otherwise determined by this Chapter, provisions provided for by Chapter VI of this Code shall be applied during the course of administrative proceedings for an administrative complaint.

                  

Article 186 – Review and resolution of the administrative complaint by the collegial administrative body

The procedure determined by Chapter VII of this Code shall also be applied when reviewing and resolving an administrative complaint by a collegial administrative body.

                  

Article 187 – Inadmissibility of participation of the official that has issued the appealed administrative act in the review of the administrative complaint

A person that has participated in preparation or issuance of an appealed administrative act may not participate in the resolution of an administrative complaint.

         

Article 188 – The right to modify the administrative act or declare it void

1. Filing of an administrative complaint shall not suspend the right of an administrative body issuing an administrative act to modify the act or declare it invalid or void under the procedure determined by this Code.

2. When modifying an administrative act or declaring it void, an administrative body shall notify an administrative body reviewing the administrative complaint about it within five days.

                  

Article 189 – Obligation to issue the administrative act

1. If an administrative complaint has been filed with regard to violation of the time limit set for issuing an administrative act, filing the appeal shall not suspend the obligation of an administrative body concerned to issue the administrative act, except as determined by law.

2. Unless otherwise determined by law, when the administrative body concerned issues an administrative act, the administrative proceedings regarding the administrative complaint due to the failure to issue an individual administrative act must be terminated.

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 190 – Continuation of the administrative proceedings when the administrative act is modified or revoked

If an administrative body issuing the appealed administrative act revokes the administrative act or declares it invalid, the review of an administrative complaint must be continued if an interested party requests that the administrative act be declared void.

                  

Article 191 – Withdrawal of the administrative complaint

1. A person filing an administrative complaint shall have the right to withdraw the administrative complaint before an administrative body makes a decision.

2. The withdrawal of the administrative complaint must be made in writing. During an oral hearing, an interested party may also withdraw the administrative complaint verbally.

3. Withdrawal of an administrative complaint shall not suspend its review if failure to review the complaint may entail infringement of, or substantial prejudice to, the state or public interests.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

 

Article 192 – The right of the administrative body to admit the administrative complaint

1. A body issuing the appealed administrative act shall have the right to admit an administrative complaint, unless it contradicts the legislation.

2. Unless otherwise determined by law or a subordinate act issued on its basis, an administrative body reviewing an administrative complaint shall have the right to continue with the administrative proceedings regardless of the fact that the body issuing the administrative act has admitted the administrative complaint.

                  

Article 193 – The extent of administrative proceedings concerning the administrative complaint

1. Unless otherwise determined by law or a subordinate act issued on its basis, an administrative body reviewing an administrative complaint shall review the administrative complaint within the scope of a request specified therein, and where so provided for by law, the administrative body may go beyond the scope of the request.

2. If a decision with respect to only the appealed part of an administrative act cannot be made, a body reviewing an administrative complaint shall, by the written consent of a person who filed the administrative complaint, make a decision in relation to the entire administrative act, and if this person refuses to give his/her consent, the above reviewing body shall make a decision on dismissing the administrative complaint without prejudice, unless it contradicts the law.

 

Article 194 – Participation of the interested party in the administrative proceedings concerning the administrative complaint

1. An administrative body shall provide an interested party participating in the administrative proceedings with the opportunity to submit a personal opinion.

2. The administrative body shall notify in writing all persons who participated in the administrative proceedings for issuing the appealed administrative act about initiation of the administrative proceedings with regard to an administrative complaint, and shall ensure their participation in the administrative proceedings.

3. Unless otherwise determined by law or a subordinate act issued on its basis, refusal of an interested party to submit a personal opinion, additional information or to attend an oral hearing, shall not suspend the administrative proceedings with regard to the administrative complaint.

                  

Article 195 – Participation of the administrative body issuing the appealed administrative act in the administrative proceedings with regard to the administrative complaint

1. An administrative body reviewing an administrative complaint shall, within five days after registration, send a copy of the administrative complaint and the attached documents to an administrative body that has issued the administrative act.

2. The administrative body issuing the appealed administrative act shall, within five days after receiving a copy of the administrative complaint, submit to the body reviewing the administrative complaint all materials of the administrative proceedings related to the given administrative act and its personal written opinion on the administrative complaint.

3. Unless otherwise determined by law, the administrative body issuing the appealed administrative act shall enjoy the same rights during the course of the administrative proceedings with regard to the administrative complaint as are granted to an interested party participating in the proceedings.

4. The administrative body issuing the appealed administrative act must be represented in the administrative proceedings by an official that has issued the administrative act, or by another authorised person, and if the administrative act has been issued by a collegial administrative body, the aforementioned body shall be represented by a senior official of the collegial body.

5. The administrative body issuing the appealed administrative act may be represented in the administrative proceedings by another employee only with the consent of the administrative body reviewing the administrative complaint.

                  

Article 196 – Submission of additional information by the interested parties

1. Unless otherwise determined by law, a person filing an administrative complaint, and another interested party shall submit their personal opinions, and case-related additional documents not later than five days before an oral hearing is held.

2. An administrative body shall notify a participant of the administrative proceedings in writing of the date of an oral hearing not later than five days before it is held.

 

Article 197 – Familiarisation with materials of administrative proceedings

1. Parties to the administrative proceedings shall familiarise themselves with the materials of the administrative proceedings in accordance with Article 99 of this Code.

2. (Deleted).

3. (Deleted).

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

 

Article 198 – Procedure for holding oral hearing

1. Oral hearing shall be held under the procedure determined by Chapter VIII of this Code.

2. Parties to the administrative proceedings may be heard without each other’s presence if it is necessary to prevent disclosure of the personal data or information belonging to a state or commercial secret, and when the circumstances of substantial significance to the case cannot be otherwise established.

3. An administrative body shall make a reasoned decision with regard to the issue referred to in paragraph 2 of this article at the request of an interested party.

4. Unless otherwise determined by law or a subordinate act issued on its basis, an oral hearing session shall be public.

5. An oral hearing session shall be public if an administrative complaint is filed against an administrative act issued on the basis of public administrative proceedings.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

 

Article 199 – Review and resolution of the administrative complaint without oral hearing

1. An administrative body shall be authorised to review and resolve an administrative complaint without holding an oral hearing if:

a) there are grounds for refusing to review an administrative complaint;

b) all interested parties participating in the administrative proceedings agree to review the case without holding an oral hearing;

2. The administrative body shall specify the grounds for refusing to hold an oral hearing in the administrative act issued with respect to the administrative complaint.

                  

Article 200 – Submission of the personal opinion by the interested party participating in the case after holding oral hearing

If, after holding an oral hearing, an administrative body reviewing an administrative complaint becomes aware of a new circumstance of substantial significance to the case, the interested parties participating in the administrative proceedings must be notified of it and must be given an opportunity to submit their personal opinions on the given issue.

                  

Article 201 – Decision of the administrative body with regard to the review of the administrative complaint

1. After reviewing an administrative complaint, an administrative body shall make one of the following decisions on:

a) granting the administrative complaint;

b) refusing to grant the administrative complaint;

c) partial granting the administrative complaint.

2. If it is necessary to obtain additional materials for a case, the administrative body shall make a decision on postponing the case hearing and shall notify the parties.

3. An administrative body shall check the administrative act concerning an administrative complaint for its legitimacy and appropriateness.

4. An administrative body reviewing an administrative complaint shall verify whether an administrative act complies with a requirement of the law granting any right or advantage to a person filing the administrative complaint.

                  

Article 202 – Issuance of the administrative act with regard to the administrative complaint

A decision made by an administrative body with regard to the review of an administrative complaint shall represent an individual administrative act and it must comply with the requirements established by this Code for an individual administrative act.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

 

Article 203 – Modification of the appealed administrative act and its declaration as void or invalid; issuance of the new administrative act

An administrative body shall be authorised to declare an appealed administrative act void or invalid, and to modify it.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

                  

Article 204 – Costs of administrative proceedings relating to the review of the administrative complaint

1. No state fees or charges may be imposed for reviewing an administrative complaint.

2. Each party shall pay the administrative proceedings costs borne by it with respect to an administrative complaint.

3. If the complaint is granted, an administrative body shall pay the attorney fee or costs of another representative borne by a party to the administrative proceedings only when the party to the administrative proceedings is insolvent.

4. (Deleted).

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Article 205 – (Deleted)

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

 

Article 206 – (Deleted)

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

                  

Chapter XIV – Liability of an administrative Body

                  

Article 207 – Application of the Civil Code of Georgia when compensating for damage inflicted by the administrative body

Unless otherwise determined by this Code, the procedure established by the Civil Code of Georgia shall be applied when compensating for damage inflicted by an administrative body.

                  

Article 208 – Special procedure related to liability of the State or municipality

1. The State shall be liable for the damage inflicted by a state administrative body, and by its official or another state employee or public servant of this body (except for a public servant defined under paragraph 2 of this article) when discharging their official duties.

2. A municipality shall be liable for the damage inflicted by a municipal body, and by its official or another servant when discharging their official duties.

3. If a private person performs any activity on the basis of delegation or order of a state body or a municipal body, the State or the municipality shall be liable for the damage inflicted during performance of the activity.

Law of Georgia No 1698 of 24 September 2009 – LHG I, No 29, 12.10.2009, Art. 181

Law of Georgia No 4355 of 27 October 2015 – website, 11.11.2015

Law of Georgia No 4355 of 27 October 2015 – website, 11.11.2015

Law of Georgia No 159 of 21 December 2016 – website, 18.12.2016

Law of Georgia No 6880 of 15 July 2020 – website, 28.7.2020

 

Article 209 – Liability of the state body or municipality for damage caused by the legitimate administrative act

1. If an administrative act issued under the legislation of Georgia for social necessity causes substantial damage to only a certain private person or group of persons in contradiction to the principles of equality, the state body or the municipality shall compensate for the damage caused by the administrative act.

2. The extent of compensation for damage shall be defined based on the assessment of interests of public and private persons.

Law of Georgia No 1698 of 24 September 2009 – LHG I, No 29, 12.10.2009, Art. 181

Law of Georgia No 6880 of 15 July 2020 – website, 28.7.2020

                  

Chapter XV – (Deleted)

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

                  

Article 210 – (Deleted)

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

         

Article 211 – (Deleted)

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 245

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

                  

Article 212 – (Deleted)

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

 

Article 213 – (Deleted)

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

                  

Article 214 – (Deleted)

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

         

Article 215 – (Deleted)

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

 

Article 216 – (Deleted)

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

         

Article 217 – (Deleted)

Law of Georgia No 1886 of 22 October 2009 – LHG I, No 33, 9.11.2009, Art. 208

                  

Chapter XVI – Transitional Provisions

                  

Article 218 – Organisational issues related to entry of the Code into force

1. Regarding the entry of this Code into force, the Ministry of Justice of Georgia shall, before 15 November 1999, prepare draft changes to the appropriate legislative acts.

2. No enabling administrative acts issued or validated before entry of this Code into force may be declared void or invalid if a person has performed any legally significant action based on this act, except as provided for by Articles 60(1)(b) and 61(2)(a),(b),(c) of this Code.

3. Paragraph 2 of this article shall not apply to the enabling administrative acts that refer to illegal and undocumented property of an official, his/her family member, close relative or connected person provided for by Chapter VII² of the Administrative Procedure Code of Georgia and are adopted (issued) in violation of the legislative requirements.

4. Before 1 September 2013, the appropriate bodies (officials) shall ensure adoption (issuance) of the subordinate normative acts provided for by Articles 28(2) and 37(4) of this Code.

Law of Georgia No 1138 of 26 October 2001 – LHG I, No 33, 10.11.2001, Art. 134

Law of Georgia No 3399of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 29

Law of Georgia No 6327 of 25 May 2012 – website, 12.6.2012

 

Chapter XVII – Conclusive Provisions

                  

Article 219 – Entry of the Code into force

This Code shall enter into force from 1 January 2000.

                  

Article 220 – The list of legislative acts invalidated due to the entry of this Code into force

The following shall be deemed invalid due to the entry of this Code into force:

a) the Law of Georgia of 24 December 1993 on the Procedure for Reviewing Applications and Appeals at Government Bodies, Enterprises, Institutions, and Organisations (Regardless of Their Organisational-Legal Form);

b) (Deleted).

Law of Georgia No 2372 of 9 September 1999 – LHG I, No 43(50), 21.9.1999, Art. 216

 

President of Georgia                                                     Eduard Shevardnadze

 

Tbilisi

25 June 1999

No 2181-II ს