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 59
 

Another draft amendment to Article 88 of the Election Code introduces a three-year limitation period for the imposition of liability for the offences of misuse of administrative resources or official position in an election campaign.55 Interlocutors noted that this is intended to increase the existing two- and four-month limitation periods for sanctioning administrative offences by administrative bodies and courts, respectively, established by the Code of Administrative Offences.56 While such an extended limitation period can be seen as a positive measure, it is important that it coincides with concerted efforts to strengthen the institutional framework to independently identify and conduct investigations into such offences and bring perpetrators to justice. A statute of limitation period should never serve to bolster impunity for those who misuse administrative resources or their public position. In addition, a long-standing and reiterated ODIHR recommendation stresses that law enforcement must effectively investigate instances of possible misuse of state resources for campaign purposes and recommends establishing an effective, impartial and timely mechanism to address complaints on such offences and, where appropriate, to impose sanctions.57