Home > 2.4 Complaints and appeals > GEORGIA - Joint opinion on draft amendments to the Election Code and the Law on Political Associations of Citizens
 
 
 
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Paragraph 58
 

A draft amendment to Article 88 of the Election Code revises the fine for the offence of misuse of administrative resources or the exercise of official duties or capacity during election campaigning, from GEL 2,000 to 2,000-4,000. This increase in the maximum fine is in line with a previous ODIHR recommendation to strengthen the legal framework to effectively combat the misuse of administrative resources. However, in light of significant shortcomings in the legal framework for prevention of misuse of administrative resources, including official position, this revision is considered a minor change. Of note, the same ODIHR recommendation stresses that campaigning by high-level officials, including mayors, should be strictly regulated, which has yet to be addressed. Referencing outstanding ODIHR and GRECO recommendations for significant measures to prevent the misuse of administrative resources, the April 2021 ODIHR/Venice Commission Joint Opinion recommended “a more comprehensive and systematic regulation on the prevention of misuse of administrative resources”. This recommendation is reiterated. It should be noted that a recent ODIHR recommendation highlights the need to effectively apply and enforce the legal framework for combatting the misuse of administrative resources and public office in an election campaign.