Legal proceedings
1. Protocols of administrative offences provided for by Articles 79(1), 81 and 86-92 of this Law shall be drawn up by the CEC chairperson, and persons (officials) authorised by the CEC and respective DECs.
11. In the case of failure to follow the police instruction to prevent an administrative offence provided for by Article 79(2) of this Law, a protocol of administrative offence shall be drawn up and an administrative penalty shall be imposed on the offender by a person authorised by the Ministry of Internal Affairs of Georgia.
21. The Chairperson of the CEC shall draw up the protocols on the administrative offences provided for by Article 83(1)(3) of this Law (in the case of imposing a penalty on an electoral subject) on the basis of a substantiated application by the GNCC and the materials provided.
3. The State Audit Office shall draw up protocols of administrative offences referred to in Articles 84 and 85 of this Law.
4. A relevant municipal executive body or a person authorised thereof shall draw up protocols of administrative offences concerning illegal removal, tearing off, covering, or damaging of election posters, in terms of the administrative offences referred to in Article 80 of this Law.
5. In the case of administrative offences provided for by this Chapter, legal proceedings shall be conducted according to the Code of Administrative Offences of Georgia, unless otherwise defined by this Law.
6. The authorised body referred to in paragraph 1 of this article shall make a decision on drawing up a protocol on the administrative offense provided for in the same paragraph within 10 days, and the time limit for identifying/making a decision on the administrative offense by a court shall not exceed 10 days after submitting the relevant protocol to the court.
7. The authorised body specified in paragraph 2 of this article shall consider the issue of drawing up a protocol on the administrative offence provided for in the same paragraph and shall make a decision at a public session within 2 days after the identification of the administrative offence, in accordance with the rules established by it. In addition, the absence of the offender at the court hearing shall not hinder the making of a decision. After making a decision by the authorised body specified in paragraph 2 of this article, the authorised person designated by him/her shall draw up a protocol on the administrative offence in accordance with Article 240(22) of the Administrative Offenses Code of Georgia within the timeframe established by this paragraph. The deadline for the court to establish the fact of administrative offence/the making of a decision shall not exceed two days after the submission of the relevant protocol to the court.
8. The authorised body specified in paragraph 21 of this article shall make a decision on drawing up a protocol on the administrative offence provided for in the same paragraph within two days after receiving the relevant substantiated application, and the deadline for the court to identify/make a decision on the fact of administrative offence shall not exceed 2 days after the submission of the relevant protocol to the court.
9. The decision made by a person having the right to draw up a protocol of administrative offence, who is authorised by the Electoral Administration of Georgia under this Law, or by the CEC chairperson on refusing to draw up a protocol of administrative offence with regard to the violation of the Georgian electoral legislation may be appealed to court within 2 calendar days after it is made. The court shall consider the complaint within 10 calendar days after it is received. The court shall, as a result of case consideration, make a resolution to impose an administrative penalty or refuse to allow the complaint.
Organic Law of Georgia No6551 of 22 June 2012 – website, 29.6.2012
Organic Law of Georgia No 5438 of 22 June 2016 – website, 12.7.2016
Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020
Organic Law of Georgia No 703 of 28 June 2021 – website, 29.6.2021
