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CHAPTER 1. - GENERAL PROVISIONS
CHAPTER 2. - GENERAL PROVISIONS ON THE ACTIVITIES OF AN ADMINISTRATIVE AGENCY
CHAPTER 3. - FREEDOM OF INFORMATION
CHAPTER 4. - ADMINISTRATIVE DECREE
CHAPTER 5. - ADMINISTRATIVE CONTRACT
CHAPTER 6. - THE GENERAL PROVISIONS OF ADMINISTRATIVE PROCEEDING. COMMON ADMINISTRATIVE PROCEEDING
CHAPTER 7. - ADMINISTRATIVE PROCEEDING IN A CORPORATE ADMINISTRATIVE AGENCY
CHAPTER 8. - FORMAL ADMINISTRATIVE PROCEEDING
CHAPTER 9. - PUBLIC ADMINISTRATIVE PROCEEDING
CHAPTER 10. [Removed]
CHAPTER 11. - THE PROCEDURES FOR THE ISSUANCE OF AN ADMINISTRATIVE ACT BY AN INDEPENDENT AGENCY
CHAPTER 12. - THE ENFORCEMENT OF AN ADMINISTRATIVE ACT
CHAPTER 13. - THE ADMINISTRATIVE PROCEEDING IN REGARD TO AN ADMINISTRATIVE COMPLAINT
CHAPTER 14. - THE LIABILITY OF AN ADMINISTRATIVE AGENCY
Tbilisi, June 25, 1999. No. 2181-IIR
1. This Code defines the procedures for issuing and enforcing administrative acts, reviewing administrative complaints, and preparing, concluding, and implementing administrative contracts by an administrative agency.
2. The purpose of this Code is to ensure the protection of human rights and freedoms, public interests, and the rule of law by administrative agencies.
1. The terms used in this Code have the following meanings:
(a) "Administrative agency" means any state or local self-government agency or institution, artificial person of Public Law (except for political and religious associations), and any other person that exercises public authority in accordance with law.
(b) "Interested party" means any natural or artificial person or administrative agency that is affected by an administrative act issued in regard to it and whose legally protected interest is directly influenced by an administrative decree or action of an administrative agency.
(c) "Administrative decree" means an act issued by an administrative agency pursuant to law.
(d) "Administrative act" means an individual act issued by an administrative agency pursuant to Administrative Law, which establishes, modifies, terminates or certifies rights and duties of a person or a limited group of persons. Administrative act shall also mean rejection by an administrative agency of any application that falls within its jurisdiction, or a document issued or certified by an administrative agency that may have legal consequences.
(e) "Normative administrative decree" means an act issued by an authorized administrative agency pursuant to an applicable legislative act which comprises general rule of conduct of permanent or temporary and multiple usage.
(f) "Empowering administrative decree" means an administrative act that grants some rights or benefits to an interested party.
(g) "Administrative contract" means a contract concluded between an administrative agency and a natural or artificial person or another administrative agency.
(h) "Application" means a written request filed pursuant to this Code by a party that has an interest in the issuance of an administrative act, which grants a certain right to the party.
(i) "Administrative complaint" means a written request submitted by an interested party to an authorized administrative agency pursuant to this Code to seek redress through invalidation or modification of an administrative act issued by that agency or its subordinate body, or through issuance of a new administrative act, or through performance or non-performance of a particular action by an administrative agency, which does not require issuance of an administrative act.
(j) "Administrative proceedings" means activities performed by an administrative agency to prepare, issue, or enforce an administrative decree or solve an administrative complaint.
(k) "Discretionary power" means the authority, which provides an administrative agency or official with some degree of latitude in regard to choosing the most reasonable decision among several decisions in compliance with public and private interests.
(l) "Public information" means an official document (including chart, model, plan, diagram, photograph, electronic information, and video and audio records), i. e. information held by a public agency, or that received, processed, created, or sent by a public agency or a public servant in connection with official activities.
(m) "Secret information" means any information containing state, commercial, or personal secret that is held by a public agency, or was received, processed, created, or sent by a public agency or public servant in connection with official activities.
2. Unless otherwise provided by law, the terms set forth in Paragraph 1 of this Article may not be otherwise interpreted or applied by other legislative acts.
1. This Code affects the activities of state, local self-government, and government agencies and institutions, and of those entities who act as administrative agencies in accordance with this Code.
2. This Code, except for Chapter 3, may not affect the activities of the following state institutions:
(a) the Parliament of Georgia and supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara,
(b) the Advisory Board to the President of Georgia,
(c) the Public Defender of Georgia, and
(d) judicial institutions of Georgia.
3. This Code affects those activities of the institutions and officials provided in Paragraph 2 of this Article that are related to the performance of administrative functions.
4. This Code may not affect those activities of the Executive that are related to:
(a) criminal prosecution and criminal proceeding against the person who committed a crime,
(b) investigation and task force activities,
(c) the enforcement of a valid judgement rendered by a court,
(d) rendering decisions on military matters and matters of military discipline, except those related to a person's constitutional rights and freedoms,
(e) the appointment or dismissal by the President of Georgia of a person to or from the offices stipulated by the Constitution and the exercise of authority according to Subparagraphs (a), (d), (e), (g), (h), and (n) of Paragraph 1 and Paragraphs 2, 4, and 5 of Article 73 of the Constitution of Georgia, and
(f) The implementation of international treaties and agreements and the pursuance of foreign policy.
1. Everyone shall be equal before law and an administrative agency.
2. The restriction of or interference with the enjoyment of lawful rights, freedoms, and interests of any party to an administrative proceeding and preferential treatment or discrimination of any party in violation of law shall be prohibited.
3. Wherever circumstances of different cases are identical, judgements in regard to the persons involved shall be identical, except if there is a lawful ground for rendering a different judgment.
1. An administrative agency may not perform any action that is against law.
2. The issuance of an administrative decree by an administrative agency or any action that restricts constitutional rights or freedoms shall be based on Chapter 2 of the Constitution of Georgia or applicable law or regulation.
3. The administrative decree issued in abuse of power, and any action performed by an administrative agency in abuse of power shall be void and invalid.
4. The official of an administrative agency shall be held liable under law for the failure to duly perform his duties and the abuse of power.
1. If an administrative agency enjoys discretionary power to solve any matter, it shall exercise discretionary power in compliance with law.
2. The exercise of discretionary power by an administrative agency shall be appropriate to the purpose for which it was granted to the agency.
1. While exercising discretionary power, an administrative agency may not issue any administrative decree, if the harm inflicted by the latter upon the lawful rights and interests of a person substantially exceeds the benefits of the decree.
2. The measures prescribed by the administrative decree that was issued within discretionary power may not result in unreasonable restriction of a person's lawful rights and interests.
1. An administrative agency shall exercise its authority impartially.
2. No public official shall participate in administrative proceeding, if he has any private interest or there is any other circumstance that may affect decision-making process.
1. An administrative agency shall protect a person's right to legitimate trust.
2. Legitimate trust of a person shall be grounded on any written document issued by an administrative agency or its official, which provides that a given action will be performed without requiring any further consent of the administrative agency. Legitimate trust shall not be invoked if due to amendment of an applicable normative act the person fails to fulfill statutory requirements.
3. Legitimate trust may not be invoked if it is based upon an illegal action committed by an interested party.
4. An illegal promise made by an administrative agency may not be invoked as the ground for legitimate trust.
1. Everyone may gain access to official documents kept by an administrative agency, and obtain a copy thereof, unless such documents contain state, professional, commercial, or private secrets.
2. The procedures for gaining access to and obtaining copies of the public information kept by an administrative agency are prescribed by Chapter 3 of this Code.
3. An administrative agency shall ensure open and public hearing of any issue in cases prescribed by law.
A public servant involved in an administrative proceeding shall not disclose or use for unofficial purposes any secret information that was obtained or created during the administrative proceeding. A person shall be held liable for disclosure or use of such information according to applicable legislation. Such prohibition shall not serve as grounds for refusal to perform duties under Article 10 of the Code.
1. A person may apply to an administrative agency to solve the matters that fall within the area of responsibility of the agency and directly affect the applicant's rights and legal interests.
2. Unless otherwise prescribed by law, an administrative agency shall review the application pertaining to the matter that falls within the area of its responsibility, and render an appropriate decision.
1. An administrative agency may review and solve a matter only if the interested party whose right or legal interest is restricted by the administrative decree has been enabled to present his opinion, except as provided by law.
2. The person specified in Paragraph 1 of this Article shall be notified of administrative proceeding and his participation in the case shall be ensured.
The official language of administrative proceeding shall be Georgian. Additional official language of administrative proceeding in Abkhazia shall be Abkhazian.
The official holidays prescribed by labor legislation shall be excluded from the calculation of the terms provided in this Code.
1. Within its authority and to the best of its ability, an administrative agency shall provide necessary legal assistance to another administrative agency upon a written request of the latter.
2. The legal assistance may not include:
(a) fulfilling a request of a higher or lower agency, and
(b) performing any action that is the responsibility of the administrative agency, as prescribed by law.
An administrative agency may seek assistance from another administrative agency if:
(a) it is unable to perform the required action due to legal or factual reasons;
(b) it is not familiar with necessary facts to perform the action and the other agency can provide information regarding those facts;
(c) documents or any other proofs that are necessary to solve the matter are kept by the other agency;
(d) the expenses required to perform the action exceed the expenses required to provide legal assistance by another agency.
1. An administrative agency may refuse to provide legal assistance if:
(a) it is beyond the scope of its statutory authority, or
(b) providing the assistance undermines interests of state or local self-government and government agency, or interferes with the implementation of the obligations imposed upon the administrative agency in accordance with law.
2. If an administrative agency refuses to provide legal assistance, it shall inform the applicant agency in writing within three days.
3. Disputes regarding legal assistance between administrative agencies shall be settled by a common higher administrative agency. If such agency does not exist, the dispute shall be settled by a court.
4. A lawsuit may be filed in a court only after one administrative agency refuses to provide legal assistance to another agency in writing.
1. An administrative agency that seeks legal assistance shall reimburse the assistance-related expenses that exceed 50 laris.
2. If the cost of the legal assistance is expected to exceed 50 laris, the applicant agency shall be notified about it in advance.
1. An administrative agency may certify authentic copies of administrative acts or other documents issued by it or its subordinate body.
2. The copies of the documents issued or officially certified by an administrative agency are officially valid.
3. A document may not be certified if its content was changed or its integrity was violated.
4. A document shall be certified in the form of a certificate, which shall include the following information:
(a) exact title of the document,
(b) confirmation of the identity of the copy with the original,
(c) the place and time of certification, and
(d) the signature of a respective official and an official seal.
5. Each page of a certified copy shall be marked with an official seal and the signature of the official in charge.
6. The certification of an administrative act or any other document shall be registered with the administrative agency according to applicable procedures.
1. A public expert is a natural or artificial person, or a scientific-consultative (expert) agency established by an administrative agency pursuant to the law. Any member of a public expert agency shall also be referred to as an expert.
2. In cases provided by law an administrative agency shall seek an expert evidence from an expert agency or public expert.
3. An administrative agency shall provide an expert with all information required for expert evidence.
4. An expert shall present his evidence within the term determined by law or administrative agency.
5. Unless otherwise prescribed by law, the failure of an expert to present his evidence during the statutory term shall not delay the issuance of an administrative decree.
6. The identity of the expert who presented evidence on an administrative decree shall be indicated in the justification of the administrative decree.
1. A public expert agency shall perform its duties impartially and in good faith.
2. If a public expert fails to perform or duly perform his duties, he shall be held liable according to applicable legislation.
A public expert may not disclose any secret information that he became aware of during the execution of his duties. This obligation shall be valid even when the expert does not perform his official duties.
All expenses incurred by a public expert during the execution of his duties shall be reimbursed to him. A respective administrative agency shall be informed in advance about the necessity of such expenses.
Unless otherwise prescribed by law, an administrative agency shall not be required to take into consideration the evidence of a public expert. Refusal to take into consideration an expert evidence shall be substantiated.
A public expert shall be prematurely dismissed by the agency that made a decision to appoint him, if the expert:
(a) commits gross dereliction of his duties,
(b) fails to meet the requirements for his position, or
(c) makes a personal statement refusing to present an evidence.
The terms used in this Chapter have the following meanings within this Chapter:
(a) "Public agency" means an administrative agency, or an artificial person of Private Law funded by the State or local government budget, but only within the scope of such funding.
(b) "Corporate public agency" means a public agency that incorporates a governing or advisory board consisting of more than one person, and in which decisions are jointly made or prepared by more than one person.
(c) "Member of a corporate public agency" means a public servant who participates in decision-making of a corporate public agency with the right to vote.
(d) "Official" means the person indicated in Article 2 of the Law of Georgia on Conflict of Interests and Corruption in Public Service.
(e) "Session" means the hearing of a matter by members of an agency for the purpose of preparing or rendering a decision on behalf of the public agency.
(f) "Publicizing" means entry of public information into a public register in accordance with law and making public information accessible for the public.
(g) "Public database" means data that is systematically collected, processed and stored by a public agency or public servant.
(h) "Personal data" means public information that allows identification of a person.
(i) "Executive privilege" means the exemption of a public agency or public servant from the obligations stipulated by this Chapter.
(j) "Urgent necessity" means a threat of violation of the law, or a genuine threat to the functioning of public agencies in a democratic society.
The matter whether particular information constitutes a personal secret shall be decided by the information subject, except as otherwise prescribed by the law.
1. Commercial secret means any information concerning the plan, formula, process, or means that constitute a commercial value, or any other information that is used to produce, prepare, or reproduce goods, or provide service, and/or which represents an innovation or a significant technical accomplishment, or any other information, disclosure of which could reasonably be expected to cause competitive harm to a person.
2. No information concerning an administrative agency shall be considered commercial secret.
3. When submitting particular information, a person shall indicate whether it constitutes commercial secret. A public agency shall within 10 days categorize the information specified in Paragraph 1 of this Article as commercial secret, unless the applicable law requires the information to be open. If after submission of the information by the person the public agency does not consider it commercial secret, the agency shall make the information open and immediately inform the concerned person thereof. The information shall become open in 15 days after the decision is made, unless the person who submitted the information appeals the agency's decision in a higher administrative agency or court before expiration of that term. In this case the person shall immediately inform the agency about the appeal.
4. Any person may appeal the decision to consider information as a commercial secret in a higher administrative agency or court.
5. A public agency shall enter into public register the records regarding any request for commercial information submitted by a third person or another public agency, including the date of request and name/title and address of the requester.
Professional secret means any information that constitutes personal or commercial secret of a person or organization, which became known to another person in the course of execution of his professional duties. No information that does not constitute personal or commercial secret of a person or organization shall be considered a professional secret.
Information constituting a state secret shall be defined by the legislation on state secret.
Public information shall be open, unless otherwise prescribed by the law, or except for information that constitutes state, commercial, or personal secret.
Names of the public servants (except for political officials) participating in the preparation of a decision by an official shall be protected from disclosure by means of the executive privilege.
The decision designating public information to be classified may be rendered if law provides express requirement to protect such information from disclosure, establishes concrete criteria for such protection, and provides exhaustive list of classified information.
1. Unless otherwise prescribed by applicable legislation, professional and commercial information shall be kept classified for an unlimited term. Commercial secret shall be declared open if the grounds for classifying such information can no longer be invoked. Personal secret shall be classified within lifetime of the information subject, unless otherwise prescribed by applicable legislation.
2. The decision to classify public information or to extend the term for keeping it classified shall be entered into public register.
The session conducted by any corporate public agency shall be open and public, except as provided in Article 28 of this Code.
After classified information is declassified, any part of classified public information or protocol of the closed session of a corporate public agency that can be separated on reasonable grounds shall be publicized. In such case the agency shall also indicate the name of the person who classified the information, the grounds for classifying, and the term for keeping the information classified
1. A corporate public agency shall a week ahead publicly announce about forthcoming meeting, including its place, time and agenda. The agency shall also publicly announce its decision to close such meeting, if applicable.
2. In case of urgent necessity, a corporate public agency may hold a meeting without complying with the rules set forth in Paragraph 1 of this Article. In such case the agency shall immediately announce the place, time and agenda of the meeting, and, if applicable, its decision to close the meeting.
3. When a corporate public agency holds a meeting or decides to close the meeting due to urgent necessity, it shall announce procedures for appealing a decision made at the meeting within three days after the decision is made. The agency shall enter into the register results of a roll-call vote regarding closure of its meeting, and minutes of the meeting, pursuant to Article 33 of this Code.
4. A lawsuit concerning the legitimacy of a meeting held by a corporate public agency due to urgent necessity, or concerning the agency's decision to close the meeting shall be filed with court within one month after the meeting was held. If the court rules that the agency held its meeting in violation of applicable procedures, the decision made at such meeting shall be declared invalid by the court.
All public information kept by a public agency shall be entered into the public register. Reference to public information shall be entered into the public register within two days after its acquisition, creation, processing or publicizing, indicating its title and the date of receipt, creation, processing, and publicizing of the information, and the title or name of the natural or artificial person, public servant, or public agency, which provided the information and/or to which it was sent.
A public agency shall designate a public servant who will be responsible for ensuring the accessibility of public information.
1. Everyone may request public information irrespective of its physical form or the condition of storage. Everyone may choose the form of receipt of public information, if there are various forms of its receipt, and gain access to the original of information. If there is the danger of damaging the original, a public agency shall provide access to the original under supervision or provide a duly certified copy of the document.
2. In order to obtain public information, a person shall submit a written request. The applicant shall not be required to specify grounds or purpose for requesting the information. When seeking to obtain personal data of another person or commercial secret, the applicant shall also submit a written consent of the information subject, certified by a notary or an administrative agency, except for the events prescribed by the law.
A public agency shall provide access to the copy of public information. No fees shall be charged for distributing public information, except for copying costs.
A person may not be denied access to the public information, which allows his identification, and which shall not be accessible to other persons according to this Code. A person may have access to his personal information that is kept in a public agency, and may obtain copies of such information free of charge.
1. A public agency shall release public information immediately, or not later than ten days if responding to a request for public information requires:
(a) acquisition of information from its subdivision that operates in another area, or from another public agency, or processing of such information,
(b) acquisition and processing of separate and large documents that are not interrelated, or
(c) consultation with its subdivision that operates in another area, or with another public agency.
2. If release of public information requires the period of 10 days, the public agency shall immediately inform the applicant thereof upon his request.
1. The applicant shall be immediately informed of the denial of a public agency to release public information.
2. If access to public information was denied, the agency shall provide an applicant with information concerning his rights and procedures for filing a complaint within three days after the decision is rendered. The agency shall also specify those subdivisions or public agencies, which provided their suggestions regarding the decision.
In the events prescribed by Paragraph 3 of Article 27-2, a public agency shall render a decision to release or deny access to public information immediately after expiration of the term prescribed by the above-referenced article.
Everyone shall have access to information concerning:
(a) environment and the hazard that constitutes a threat to life and health,
(b) fundamental principles and objectives of a public agency,
(c) description of the structure of a public agency, the procedures for assigning and dividing functions among public servants and decision-making procedures,
(d) names and office addresses of those servants of public agencies, who hold positions or are responsible for classifying public information, or public relations, or provision of information to citizens,
(e) results of open ballots in a corporate public agency,
(f) election of a person to an elective office,
(g) results of auditing or inspection of the activity of a public agency and court materials on the cases where a public agency acted as a litigant,
(h) the title and location of the public database of a public agency and the name and office address of the person responsible for the database,
(i) the purpose, area of application and legal grounds for collecting, processing, storing and disseminating data by a public agency,
(j) availability or non-availability of personal information of applicant in a public database, the procedures for gaining access to such information, including the procedures allowing the identification of a person, if the person or his representative filed the request to gain access to or modify personal information of the applicant,
(k) category of persons who may gain access to the personal information contained in a public database pursuant to law,
(l) composition and sources of the data contained in a public database and the category of persons, concerning whom information is collected, processed and stored, and
(m) any other information that is not considered state, commercial, or personal secret pursuant to the law or applicable procedures.
A public agency shall:
(a) collect, process and store only those data that are expressly provided by law and are necessary for the proper functioning of the agency;
(b) not allow collection, processing, storage, or disclosure of personal data relating to a person's affiliation with any religious, sexual, or ethnic group, or his political beliefs or worldviews;
(c) develop and establish the program for controlling the conformity of collection, processing, storage and content of the data with statutory goals and terms;
(d) destroy the data that is unrelated to the statutory goal when demanded by a person or required by a court's decision; destroy inaccurate, unreliable, incomplete and irrelevant data and replace them with accurate, reliable, updated and complete data;
(e) store amended data, indicating the date of their use, together with original data for the period of their existence, but note less than five years;
(f) during the collection of personal information about any person obtain information directly from that person and other sources, only if all possibilities of obtaining information from an initial source were exhausted, except as provided in Article 28 of this Code, and only if the public agency is expressly authorized by law to collect, process and store personal data about persons of certain category;
(g) enter into a public register the information about the collection and processing of personal data and about the request for data by a third person or a public agency; date of a request and the name/title and address of the applicant;
(h) immediately notify a concerned person at his current address of the request for his personal data by a third person or a public agency, except as provided in Article 28 of this Code;
(i) before transferring personal data to another person/public agency take all reasonable measures for double-checking whether those data are accurate, relevant, updated and complete;
(j) during the collection, processing and storage of personal data inform a concerned person about the objectives and legal grounds for processing personal data, whether the person is required to provide personal information, the sources and composition of personal information and third persons who may gain access to it.
1. No public agency shall disclose information constituting personal secret, except for personal data of officials (including candidates to such positions), without the consent of the information subject, or a founded decision that was rendered by court pursuant to the law.
2. A person may appeal the agency's decision to deny access to personal data within one month after the denial.
3. A court may render the decision declassifying personal data only if it is impossible to prove essential facts on the case on the basis of other evidence, and if all possibilities of obtaining this information from other sources were exhausted.
Personal data may be accessible for the purpose of conducting a scientific research. This rule excludes the possibility of identifying a person.
A person may demand the revision of data or the destruction of illegally obtained data. The burden of proof concerning the legality of collection of personal data shall rest with a public agency. Before the revision of public information a person's statement concerning inaccuracy of that information shall constitute public information and shall be attached to the pubic information. A public agency or public servant shall render a decision on this matter within ten days.
1. A person may file a claim in a court demanding the nullification or amendment of the decision of a public agency or public servant, and claim material or non-material damages for:
(a) denying access to public information, partly or completely closing the session of a corporate public agency, or designating public information to be classified,
(b) the creation and processing of incorrect public information,
(c) the illegal collection, processing, storage and dissemination of personal data, or illegal furnishing of personal data to another person or public agency, or
(d) the violation of other requirements of this chapter by a public agency or public servant.
2. The burden of proof shall rest with the public agency or public servant that acts as a defendant in a court.
Pursuant to the motion submitted by a party, the court may request for and review classified public information to investigate the legality of designating this information to be fully or partly classified.
On December 10 of every year a public agency shall report to the Parliament and President of Georgia regarding:
(a) the number of requests to provide or modify public information provided to the agency and the number of decisions,
(b) the number of decisions complying with or denying requests, the names of the public servants rendering those decisions and the decisions of corporate public agencies to close their sessions,
(c) the public databases and the collection, processing, storage, and furnishing of personal data by public agencies,
(d) the number of violations of this Code by public servants and the imposition of disciplinary penalties upon officials,
(e) the legislative acts that served as grounds for denying access to public information or closing a session of a corporate public agency,
(f) appeals from the decisions to deny access to public information, and
(g) expenses relating to the processing and release of information and appeals from the decision to deny access to information or to close a session of a corporate public agency, including the payments made to adverse party.
Public information under Articles 28 and 29 of this Code, except for commercial, professional, and private secret, shall be open if created, sent or received before October 28, 1990. Such information may not allow the identification of persons indicated therein for life.
1. An administrative act shall be issued in writing.
2. In urgent cases, when the delay may undermine state, public or private interests, an administrative act may be issued orally.
3. Upon the request of an interested party, or if an administrative act restricts lawful rights and interests of a person, or if expressly prescribed by law, an oral administrative act shall be issued in writing within three days.
4. An oral administrative act may not be affected by Articles 52-58 of this Code.
1. An administrative act shall include the following information:
(a) the type of the act,
(b) the title of the agency that issued the act,
(c) the title of the act,
(d) full name and signature of the official in charge,
(e) the date and place of the issuance of the act, and
(f) the reference number of the issuing agency.
2. An administrative act shall include reference to the institution, where a complaint against the act may be filed, including the address of the institution and the deadline for filing a complaint (or lawsuit).
3. The administrative act issued by a state agency of Georgia shall be marked with the state symbol. The administrative act issued by local self-government and government agencies shall be marked with respective symbols, if applicable.
1. An administrative decree shall include a written justification.
2. Conclusive section of an administrative decree shall be preceded by justification.
3. An administrative decree shall include reference to an applicable normative act or regulation, which constitutes the ground for its issuance.
4. If during the issuance of an administrative decree an administrative agency acted within its discretionary authority, the written justification shall include reference to all factual circumstances that were substantially important for the issuance of the decree.
5. An administrative agency may not ground its decision on the circumstances, facts, evidence, or arguments that have not been examined and analyzed during the administrative proceeding.
6. If applicable legislation requires expert evidence to issue an administrative decree, the written justification shall include the content of that evidence.
7. In urgent cases an administrative decree may be issued or promulgated without a written justification. In such cases the written justification shall be promulgated or provided for official notification within one week after the promulgation or official notification of the decree.
1. Unless otherwise prescribed by law, an administrative act shall enter into force upon the official notification of a party, or the promulgation of the act.
2. In cases prescribed by law, an administrative act may enter into force before its promulgation or official notification, if delay may substantially undermine state or public interests, prevention or investigation of an offense, or rights or lawful interests of a person.
3. An administrative act that was mailed to an interested party shall enter into force not later than seven days after its mailing, except if the interested party did not receive the act.
4. In case of the dispute regarding delivery of the administrative act, the burden of proof shall rest with the administrative agency.
1. An administrative act shall be promulgated only when required by law.
2. In case when an administrative act concerns more than 50 persons, the official notification may be replaced with promulgation. In such case the administrative act shall be provided for official notification only to the applicant. If the application is signed by several persons, the act shall be provided to the person whose signature comes first.
1. An administrative act shall be promulgated in the official gazette of a respective administrative agency.
2. If the agency does not publish an official gazette, the act shall be promulgated in the periodical, which is distributed within the territory of the jurisdiction of the administrative agency, and is published at least once a week. Otherwise, the act shall be publicly announced.
3. An administrative agency shall define the procedures for promulgating or publicly announcing the administrative act beforehand, as provided in Paragraph 2 of this Article.
Public announcement shall mean posting an administrative act in the building of the administrative agency, at the place that is accessible to everyone. If necessary, the act shall be publicly announced in other public places as well.
1. Unless otherwise prescribed by law, the official notification of an interested party of an administrative act shall mean providing him with a copy of the act or sending it to him by mail.
2. If the administrative act that was mailed to a person could not reach the recipient, the person may obtain a copy of the act from the administrative agency. No fee shall be charged for providing a copy of an administrative act.
1. An administrative agency may correct technical and calculation errors in the administrative act issued by it.
2. The substantial correction of an administrative act shall mean the issuance of a new administrative act.
3. The corrections of errors shall be promulgated or provided for official notification pursuant to the procedures for promulgating and providing for official notification of an administrative act.
1. An administrative decree shall be nullified, if:
(a) it was issued by an incompetent institution or official,
(b) its implementation would result in an offense,
(c) its implementation is impossible due to factual reasons, or
(d) it contravenes law, or if the statutory procedures of its preparation or promulgation were substantially violated.
2. The substantial violation of the procedures for the preparation and promulgation of an administrative decree means issuance of an administrative decree at the meeting, which was held in violation of Article 32 or Paragraph 2 of Article 34, or in violation of applicable procedures of administrative proceeding, or the violation of law, which would otherwise result in a different decision.
3. An administrative decree may be nullified by the administrative agency that issued it. If a complaint or lawsuit was filed against the decree, it shall be declared invalid by a higher administrative agency or the court.
4. An empowering administrative act may not be nullified if an interested party shows reasonable reliance upon the administrative decree, except when the decree substantially undermines the lawful rights or interests of the State, public or any person.
5. The reasonable reliance of an interested party may be invoked if he performed an action of legal importance on the basis of the administrative decree, and if the nullification of the decree will inflict substantial harm upon him. No legitimate trust shall be invoked if it is based on an illegal action of an interested party.
6. If the empowering administrative decree that violates state or public interests, or the rights or interests of other entities was declared null and void, in the event of circumstances stipulated in Paragraph 5 of this Article all material damages suffered by the interested party as a result of the nullification of the administrative decree shall be redressed on the basis of balancing of private and public interests.
7. The nullification of an administrative decree shall mean the elimination of the legal consequences of its enforcement.
8. In case of the nullification of an administrative decree a person may seek the recovery of funds or other property, which was paid or transferred to a state or local self-government and government agency. If such recovery is impossible, he shall be granted appropriate and full redress.
9. If a person received any property or favor on the basis of a void administrative decree, he shall return it in compliance with Articles 976-991 of the Civil Code of Georgia.
10- An administrative decree shall be declared null and void in accordance with the procedures for the adoption of an administrative decree.
1. The administrative agency that issued an administrative decree may declare it invalid.
2. An administrative agency may not invalidate the empowering administrative decree that was issued in compliance with law, except when:
(a) the invalidation is expressly required by law or the regulation that was adopted by a higher agency pursuant to law,
(b) the invalidation is expressly required by the administrative decree in accordance with law,
(c) the interested party failed to perform the obligation prescribed by the administrative decree, which may constitute the ground for declaring the decree invalid,
(d) the respective normative act was revoked or amended, thus depriving the administrative agency of possibility to issue the decree, and when the decree may inflict substantial harm to state and public interests,
(e) there is a newly discovered circumstance or scientific or technical discovery or invention, which deprive the administrative agency of possibility to issue the decree, and when the decree may inflict substantial harm to state and public interests.
3. An administrative decree shall be declared invalid in accordance with the procedures for the adoption of an administrative decree.
4. In cases provided in Subparagraphs (d) and (e) of Paragraph 2 of this Article an interested party, which suffered harm, may seek redress upon his claim if he had the cause for reasonable reliance towards the administrative decree. In such case Paragraph 5 of Article 60 of this code shall apply.
5. The amount of the redress shall be determined on the basis of the balance of private and public interests by the administrative agency, which invalidated the administrative decree.
6. Invalidation means termination of the validity of an administrative decree from the day of its invalidation.
7. The invalidation of an administrative decree may not result in the elimination of the legal consequences that developed before the invalidation of the decree.
1. A part of an administrative decree shall be nullified or invalidated in compliance with Articles 60 and 61 of this Code.
2. The nullification or invalidation of a part of an administrative decree may not result in the nullification or invalidation of other parts of the decree.
1. The administrative agency that issued an administrative decree may amend it.
2. An administrative decree shall be amended in accordance with the procedures for the preparation and adoption of an administrative decree.
After the nullification or invalidation of an administrative decree, the respective administrative agency may retrieve from a person any document, which was provided to him on the basis of the administrative decree, or which certifies any right.
1. In private legal relations an administrative agency shall act as the subjects of Civil Law.
2. Whenever an administrative agency enters into an administrative contract, the respective norms of the Civil Code and additional requirements under this Chapter shall apply.
1. In civil relations an administrative agency shall act only within the scope of its authority, as prescribed by law.
2. The administrative contract entered into by an administrative agency may not contravene the Constitution of Georgia and applicable legislation.
3. An administrative contract may not violate human rights and freedoms set forth in Chapter 2 of the Constitution of Georgia.
1. The administrative contract that restricts the rights of a third party or imposes any obligation upon him shall take effect only after the third party presents his written consent.
2. Prior to the entry into an administrative contract, the administrative agency shall inform the third party whose interests will be affected by the contract.
3. The interested party stipulated in Paragraphs 1 and 2 of this Article may present his opinion before the conclusion of an administrative contract.
The administrative contract that was concluded in lieu of issuing an administrative act shall take effect after receiving the written consent of the respective administrative agency, as prescribed by law.
Unless otherwise prescribed by law, an administrative contract shall be concluded only in writing.
1. The contract entered into by an administrative agency shall be nullified in compliance with the Civil Code of Georgia.
2. The nullification of the administrative act that constitutes the ground for the conclusion of a contract shall result in the nullification of the latter.
1. In case of substantial change of circumstances that inflicts harm upon a party to a contract or upon public interest, the party may seek the other party's consent to amend the contract.
2. If the amendment to the contract substantially conflicts with the content of the contract, a party may demand the nullification of the contract.
1. The types of administrative proceeding are as follow:
(a) common administrative proceeding,
(b) formal administrative proceeding, and
(c) public administrative proceeding.
2. If law does not require the resort to other type of administrative proceeding, an administrative agency shall draft an administrative act through common administrative proceeding.
3. Unless otherwise prescribed by the law, no separate administrative proceeding shall commence after an administrative agency renders a decision (issues an administrative act) with regard to administrative proceeding.
1. The parties to an administrative proceeding shall include an administrative agency or a natural or artificial person.
2. An administrative proceeding shall be conducted by an authorized administrative agency.
3. An administrative proceeding shall be conducted in Georgian. An administrative proceeding within the territory of Abkhazia may be conducted in Abkhazian as well.
4. If the application/statement or any other document presented by an interested party is not in the state language, the party shall present a notarized translation of the document within the term defined by an administrative agency.
5. If law provides for a term within which an administrative agency shall perform a certain action, the term shall commence only after receiving the translation, if applicable.
6. If law provides for a term within which an interested party shall present any application/statement or document, the term may not elapse even if the document was presented in an unofficial language.
7. An administrative agency may establish a fixed term for translating the presented document, which shall not be less than three days. The expiration of this term may be invoked to deny the review of the application/statement of an interested party.
1. Unless otherwise prescribed by law, the capability of the parties to an administrative proceeding shall be regulated by Articles 12-26 of the Civil Code of Georgia.
2. In an administrative proceeding, an administrative agency shall be represented by an official in charge or the official representative of the agency.
Pursuant to this Code, the parties to an administrative proceeding shall include:
(a) an applicant,
(b) the administrative agency that is authorized to render a decision on the matter,
(c) the entity that is authorized to participate in an administrative proceeding in compliance with applicable legislation,
(d) another administrative agency, when required by applicable legislation, and
(e) an interested party.
1. The grounds for commencing an administrative proceeding shall include:
(a) the application of an interested party, and
(b) the statutory obligation of an administrative agency to issue an administrative act.
2. In cases provided in Subparagraph (a) of Paragraph 1 of this Article, an administrative proceeding shall commence after the registration of the application.
1. Unless otherwise prescribed by law, an application shall be filed in the administrative agency that is authorized to solve the matter provided in the application and issue an appropriate administrative act.
2. Unless otherwise prescribed by law or applicable regulation, the procedures for presenting an application and attached documents or any other information shall be defined by the provision/regulation of the administrative agency.
1. An application shall be in writing and shall include the following information:
(a) the title of the administrative agency to whom the application was submitted,
(b) the title/name and address of the applicant,
(c) the claim,
(d) the date of submission and the signature of the applicant, and
(e) the list of attached documents, if any.
2. All documents that are required by law shall be attached to the application.
3. An applicant may submit to a respective administrative agency all other documents that may be invoked as the ground for issuing the administrative act sought by the applicant.
1. An administrative agency shall register an application upon its receipt and mark it with the date and number of registration, as provided in applicable procedures.
2. Upon the request of an applicant, an administrative agency shall immediately send (provide) to the applicant confirmation of the registration of his application.
1. If solution of the matter set forth in the application falls within the jurisdiction of another administrative agency, an administrative agency shall refer the application and all attached documents to the applicable administrative agency within five days.
2. Unless otherwise prescribed by law, referring an application to the applicable state agency shall not be accompanied by the expression of any opinion regarding the matters set forth in the application.
3. The applicant shall be informed in writing about the reference of the application and attached documents to the applicable administrative agency with an appropriate justification within two days.
5. If the matter set forth in the application falls within the jurisdiction of a court, or if the applicable administrative agency cannot be determined, the administrative agency shall return the application with an appropriate justification to the applicant within five days after its submission.
5. The statutory term for submitting an application may not elapse even if a person filed an application in an inapplicable administrative agency.
1. An administrative agency may not require an applicant to present any other additional documents or information, except those required by law.
2. The review of an application may not be suspended or denied due to the grounds set forth in Paragraph 1 of this Article.
An applicant may require the protection of the information containing commercial or private secret, if he seeks to keep such information secret.
1. An administrative body shall examine the compliance of an application with the requirements set forth in Article 78 of this Code within three days.
2. If an applicant fails to provide an administrative agency with any document or other information required by law or regulation, which is necessary to solve the matter, the agency shall set the term for providing additional document or information.
3. Unless otherwise prescribed by law, the term for providing additional document or other information shall be not less than five days. Upon a request of the applicant, the administrative agency may establish one-time extension of the term up to 15 days.
4. Unless otherwise prescribed by law, the elapsing of term for reviewing an application shall be suspended until the submission of the additional document or other information.
5. If an applicant fails to provide required document or information within a fixed term, the administrative agency may ignore the application.
6. The term for reviewing an application shall resume elapsing upon the submission of required document or information.
1. Within three days after finding the application compatible with Article 78, the administrative agency shall send their copies to another administrative agency and public expert, which is authorized by law to participate in an administrative proceeding.
2. If applicable legislation does not provide for any other term, the administrative agency and/or public expert shall present its opinion within two weeks.
3. Unless otherwise prescribed by law, the failure of the administrative agency and/or public expert to present opinion or presenting a negative opinion may not delay the review of the application and the resolution of the matters provided therein.
An administrative agency shall explain to an interested party his rights and obligations, the procedure for reviewing an application, the type and term of proceeding and the requirements for applications or complaints, and shall refer to any errors made in the application.
1. Everyone may interact with an administrative agency through a proxy and enjoy the assistance of a lawyer.
2. An administrative agency may require a proxy to present the document certifying his status.
3. An administrative agency may not require an interested party to interact with the agency through a proxy, except as expressly prescribed by law.
1. If an applicant or other interested party appoints a proxy, an administrative agency shall provide the latter with all documents needed for the interested party.
2. Unless otherwise prescribed by law, an administrative agency shall refer to a proxy regarding every issue of administrative proceeding.
3. An interested party that is represented by another person shall be authorized to attend all oral hearings.
1. The interested party to an administrative proceeding shall appoint a capable person who is registered at a certain address in Georgia to act a proxy of the party, if the party has no domicile in Georgia, or if he is registered without the reference to his address. The proxy shall be appointed within three days after being required so by a respective administrative agency. The proxy shall be provided with all necessary documents.
2. If a person fails to meet the requirement stipulated by Paragraph 1 of this Article, the administrative agency shall be exempted from the obligation to provide documents, and this shall not be invoked as the ground for nullifying an administrative act, except as prescribed by law.
1. If an application was filed by more than 25 persons, within the term set by an administrative agency the signatories shall appoint one proxy, who will be authorized to interact with the administrative agency.
2. Only a natural person may be appointed a proxy.
3. If a proxy refuses to exercise his authority, the administrative agency shall set a new term for appointing a new proxy.
1. An administrative agency shall request a court to appoint a proxy to an interested party, if the participation of the proxy in an administrative proceeding is mandatory and if the interested party failed to appoint him within the term set by the administrative agency.
2. If the persons stipulated by Paragraph 1 of Article 89 of this Code fail to appoint a proxy within the term set by the administrative agency, the first signatory to their appeal shall be considered a proxy.
A party shall pay the expenses relating to an administrative proceeding, if those were incurred by him, at his initiative, or in his favor.
1. No official of any administrative agency shall participate in an administrative proceeding, if:
(a) he is an interested party to the case;
(b) he is a relative of an interested party or its proxy;
(c) he acts as a proxy to an interested party;
(d) he acted as an expert on a given issue;
(e) he is engaged in a labor relation with an interested party;
(f) he or any member of his family owns stocks of or a share in an authorized capital of the enterprise that acts as an interested party;
(g) he is a family member of an interested party to the proceeding or his representative.
2. Under this Code, relatives include:
(a) direct relative;
(b) a spouse, spouse's siblings and lineal relatives,
(c) siblings of ascendants, and
(d) siblings and their spouses and children.
3. An official shall notify a higher official of the circumstances stipulated by Paragraph 1 of this Article and his recusation. The application for recusation shall be reviewed pursuant to the procedures prescribed by Article 93 of this Code.
1. The interested party to an administrative proceeding who believes that there is the ground to challenge the official of an administrative agency involved in the proceeding may challenge him in writing prior to the issuance of the administrative act, as prescribed by Article 91 of this Code.
2. The application for challenge shall be reasoned/justified.
3. The application for challenge shall be reviewed and decision regarding the challenge or recusation shall be rendered by the official, who acts as a supervisor to the challenged official. If the latter does not have a supervisor, the decision shall be rendered by the chief of a higher agency.
4. The decision regarding the challenge of the official, who acts as a member of a corporate agency, shall be rendered by the corporate agency without the participation of the challenged official.
5. In case of challenge or recusation of an entire corporate agency or certain number of members of a corporate agency, which disables the agency to make any decision, or in case of challenge or recusation of the official, who is not subordinated to any higher agency, the administrative act shall be issued by the agency that is designated to solve this matter, its replacement, or an independent agency.
6. An interested party to an administrative proceeding shall file the application for challenge within two days after commencement of the administrative proceeding, or after he became aware of the fact or circumstance that could be invoked as the ground for challenge.
1. The procedures prescribed by Articles 59-69 of the Civil Code of Georgia shall apply to the calculation of terms in an administrative proceeding.
2. If an interested party is required to comply with the fixed term, the latter shall start elapsing after providing the interested party with an appropriate document or information, or upon promulgation of this information.
3. Elapsed term shall be restored if an interested party allowed elapsing of the term defined by law or administrative agency on some reasonable ground, such as illness, force-major, by reason of an administrative agency or other justifiable excuse.
4. An interested party may request an administrative agency in writing to restore an elapsed term not later than 15 days after the elimination of the circumstances stipulated by Paragraph 3 of this Article. The appropriate documents and materials certifying justifiable excuses for elapsing the term shall be attached to the application.
5. The administrative agency shall review the application for the restoration of the elapsed term within five days.
6. The administrative agency may restore the term, which elapsed due to a justifiable excuse, even if it was initially set by the same agency, if it is not prohibited by law and does not undermine the rights or legal interests of a third party.
1. An administrative agency may involve an interested party in an administrative proceeding upon the request of the latter, and ensure his participation in the proceeding in cases prescribed by law.
2. An administrative agency shall inform an interested party about the commencement of an administrative proceeding, if the administrative act may deteriorate the legal status of the party, and shall ensure his participation in the proceeding.
3. Unless otherwise prescribed by law, an administrative agency shall involve in an administrative proceeding any person upon his request, if the person is authorized to participate in the proceeding.
4. If the number of persons authorized to participate in an administrative proceeding exceeds 50, an administrative agency can officially publicize the information about the proceeding instead of serving notice to each of above-referenced persons.
5. The notice regarding the administrative proceeding shall include the following information:
(a) the title and address of the administrative agency, where the proceeding is conducted,
(b) the date of the commencement of the proceeding,
(c) identities of interested parties to the proceeding, and
(d) the term for publishing the administrative act.
6. In urgent cases, when delaying the issuance of an administrative act may substantially undermine public or private interests, an administrative agency may render the decision regarding the issuance of the act without complying with Paragraphs 1 and 2 of this Article.
1. During an administrative proceeding, an administrative agency shall investigate all important case-related circumstances and render the decision through the evaluation and comparison of those circumstances.
2. The issuance of an administrative act may not be based upon the circumstance or fact that were not investigated by an administrative agency pursuant to applicable procedure.
3. An administrative agency may not deny the application or request/motion regarding the matter that falls within its jurisdiction, without an advance investigation, on the ground that the application or request is not reasoned.
4. An interested party shall cooperate with an administrative agency during the administrative proceeding, as prescribed by law.
5. An interested party shall appear in an administrative agency and provide an explanation only when expressly required by law.
1. Based on the circumstances of a case, an administrative agency may:
(a) request documents,
(b) collect information,
(c) hear statements of interested parties,
(d) visit and examine the scene of the incident,
(e) appoint expert examination,
(f) use necessary document and acts, and
(g) take other applicable measures to collect, inspect, and evaluate evidence.
2. A witness or expert shall provide an administrative agency with explanation only in cases expressly prescribed by law. Explanation shall be sought pursuant to the Civil Procedure Code of Georgia.
1. An interested party to an administrative proceeding may present evidence and the request/petition to investigate the circumstances of a case.
2. Within two days the administrative agency shall render one of the following decisions regarding the request:
(a) comply with the request, or
(b) deny the request.
1. An interested party to an administrative proceeding may access the materials of an administrative proceeding, except for interdepartmental documents that are directly related to the preparation of an administrative act.
2. When the interest to access a particular document overweighs the interest to protect a secret, an interested person may access materials containing state, commercial, or personal secret in cases prescribed by the law and pursuant to applicable court decision.
3. An interested party may access the materials of an administrative proceeding at the administrative agency that conducts the proceeding.
4. In special cases, by filing a written request an interested party may access the materials of an administrative proceeding at another administrative agency or Georgian consulate based in another state.
5. An interested party to an administrative proceeding may seek copies of the documents and other materials of an administrative proceeding. An interested party to an administrative proceeding may obtain copies of the case materials containing state, commercial, or personal secret only in the events prescribed by the law or pursuant to applicable court decision.
6. No fees shall be charged or obstacles created for obtaining a copy, copying or mailing a document or other material, except for legally permissible payment.
1. Unless otherwise prescribed by law or applicable regulation, an administrative agency shall decide to issue or not to issue an administrative act within one month after an application is filed.
2. Unless otherwise prescribed by law, the administrative act that affects the interests of a third party shall be issued within 15 days after an application is filed.
3. If the discovery of vital case-related circumstances requires the extension of the term prescribed by applicable legislation for issuing an administrative act, the administrative agency shall set the term for issuing the act upon the commencement of the administrative proceeding.
4. In cases stipulated by Paragraph 3 of this Article, the entire term for issuing an administrative act shall not exceed three months.
1. Before issuing the administrative act denying to comply with an application, the administrative agency shall enable the applicant to present his opinion regarding arguments against the application, if:
(a) the denial is based upon the information about the applicant, or
(b) the information constituting the ground for the denial differs from that submitted by the applicant.
2. If law or applicable regulation prescribes no other term, an applicant shall present his opinion regarding the circumstances stipulated by Paragraph 1 of this Article within five days.
3. The requirement stipulated by Paragraph 1 of this Article may not apply in the event when the applicant has already presented his opinion regarding above-referenced circumstances, or in urgent cases when delay in the issuance of an administrative act may substantially undermine public interest. In such cases the administrative agency shall refer to the urgent circumstances.
1. The application regarding the matter, about which an administrative agency already issued an administrative act denying an application or complaint, may be filed only if the factual or legal condition that constituted the ground for the issuance of the act was changed in favor of the applicant, or if there are some newly discovered circumstances (evidence) that allow the issuance of the requested act.
2. If the application does not include the reference to the newly discovered circumstances, the administrative agency shall issue the administrative act denying the application without reviewing it. The act shall include the reference to the statute that was invoked as the ground for denying the application.
1. Unless otherwise prescribed by law, an administrative proceeding in a corporate administrative agency shall be conducted pursuant to the procedures prescribed by Chapter 6 of this Code and provisions prescribed by this Chapter.
2. Unless otherwise prescribed by law or applicable regulation, the decision regarding the application filed in a corporate agency shall be rendered by the latter. Exception from this rule is the right of the senior official of a corporate administrative agency to refer the application to an appropriate administrative agency or return it to the applicant, if the matters addressed by the application do not fall within the jurisdiction of the corporate administrative agency.
1. The session of a corporate administrative agency shall be opened and closed by the head of the agency. During his absence, the session shall be opened and closed by the chairperson of the session, who was appointed (elected) pursuant to applicable legislation.
2. The chairperson of a session shall conduct it according to the agenda.
1. All members of a corporate administrative agency shall be invited to its session.
2. A corporate administrative agency may render a decision if its session is attended by more than half of its members, but not less than three members.
3. The decision of a corporate administrative agency shall be deemed valid if it was upheld by more than a half of attending members, except as otherwise prescribed by law.
1. Minutes shall be produced at each session of a corporate administrative agency, including the following information:
(a) the title of the agency,
(b) the time and place of the session,
(c) the identities of the chairperson and members of the session,
(d) subject matter,
(e) the results of voting, and
(f) decision.
2. The minutes of a session shall be signed by the chairperson of the session and the secretary, only if the latter contributed to the minutes.
1. An administrative act may be issued though a formal administrative proceeding only when expressly provided by law.
2. Unless otherwise prescribed by the law, a formal administrative proceeding shall be conducted pursuant to Chapter 6 of this Code.
1. Unless otherwise prescribed by law, an administrative agency shall notify all interested parties of the commencement of a formal administrative proceeding and shall ensure their participation.
2. Unless otherwise prescribed by law, the denial of an interested party to participate in an administrative proceeding may not suspend the proceeding.
3. An interested party shall be provided with an opportunity to present his opinion or request concerning all circumstances of the proceeding.
1. In a formal administrative proceeding a witness shall testify and an expert shall provide his evidence.
2. A court shall render a decision regarding the legality of the denial to provide testimony or expert evidence.
3. An interested party shall be provided with an opportunity to express his opinion regarding expert evidence or the testimony of a witness.
4. An interested party may attend the interrogation of a witness or expert, ask them questions, gain access to the written evidence of an expert, and attend the inspection of the incident scene.
5. An interested party shall reimburse the witness and expert invited by it for the expenses incurred.
1. The decision of an administrative agency shall be based only upon an oral hearing.
2. Interested parties shall be notified of an oral hearing at least seven days before its commencement and shall be invited to the hearing.
3. The invitation shall include the reference to the power of an administrative agency to review and solve the case without the participation of interested parties, except as prescribed by law.
4. If the number of interested parties exceeds 50, the administrative agency may invite interested parties by publishing a notice in an official periodical. The notice shall include the reference to the subject matter of the hearing, the title of the administrative agency conducting the hearing, the ground for commencing the administrative proceeding and the time and place of the hearing.
5. An oral hearing shall not last more than one business day.
1. The sessions of an oral hearing shall be public. The chairperson of the session may close it for the purpose of protecting state, commercial, professional or private secrets of parties.
2. The session shall be opened and presided over by an authorized official.
3. The participation in an oral hearing shall be permitted for the authorized officials of an administrative agency, representatives of higher agency, interested parties, and the experts and witnesses invited to the hearing.
4. The chairperson of a session shall ensure the investigation of important case-related circumstances during an oral hearing and shall enable any attending interested party to express his opinion regarding the case.
5. An interested party may submit a motion regarding the investigation of important case-related circumstances.
6. The chairman of a session shall ensure maintenance of order during the session. He may give a warning to a person who disrupts order, and in special cases may dismiss him from the session hall.
7. A session may continue without the participation of the dismissed person.
1. Minutes shall be produced during the session of an oral hearing.
2. The minutes of the session shall include:
(a) the title of the administrative proceeding that is the subject of the hearing,
(b) the title of the administrative agency,
(c) the time and place of the hearing,
(d) the identities of the chairperson of the session, interested party, expert, and witness participating in the oral hearing,
(e) the subject matter of the hearing and the brief review of the applications submitted,
(f) the brief description of the expert evidence and the testimonies of witnesses, and
(g) the description of the results of a site visit.
3. The minutes of a session shall be signed by the chairperson and secretary of the session.
4. An interested party may access the minutes, and within three days present his remarks, or point at any inaccurate or incomplete information contained therein. If the administrative agency agrees with the remarks, it shall certify that such remarks are relevant. If the agency disagrees, it shall issue an administrative act rebutting the remarks.
1. If law prescribes no other term, an administrative act shall be issued within five days after the commencement of an oral hearing.
2. An interested party shall be provided with an administrative act pursuant to the procedures prescribed by this Code.
1. If a formal administrative proceeding is conducted in a corporate agency, all members of the agency may ask questions regarding the circumstances of the case.
2. Only those members of the corporate agency who participated in the oral hearing of the case may vote for the adoption the administrative act.
1. An administrative act shall be issued according to the procedures prescribed by this Chapter only when expressly required by law.
2. The procedures set forth in this chapter shall apply to the issuance of an administrative act relating to the use of state or municipal property, licensing, issuance of permits relating to the protection of environment and construction, standardization, and allocation of telecommunication frequencies.
3. An administrative act may also be issued on the basis of a decision of an administrative agency, pursuant to the procedures prescribed by this Chapter, when it concerns the interests of a broad group of people.
4. In cases stipulated by Paragraph 3 of this Article, a decision shall be made by the responsible official of an administrative agency with the consent of (an official of) a higher administrative agency. If an administrative agency is not subordinated to a higher administrative agency, the decision to commence a public administrative proceeding shall be rendered by the authorized official of the agency.
5. Unless otherwise prescribed by the law, a public administrative proceeding shall be held pursuant to this chapter and Chapter 6 of this Code.
1. An administrative agency shall publish the notice regarding the submission of documents for public access, as prescribed by this Code.
2. The notice shall include reference to:
(a) the title and address of the administrative agency where the administrative proceeding is held. If materials of the proceeding can be accessed in another administrative agency, the title and address of the latter shall be included in the notice,
(b) the summary of the decision of the administrative agency regarding the application and/or commencement of the administrative proceeding,
(c) the term for issuing the administrative act, and
(d) the term for presenting private opinions.
1. The following documents shall be presented for public access:
(a) an application with attached documents and the decision of an administrative agency regarding the commencement of the administrative proceeding,
(b) the evidence/conclusion or opinion that was presented to the administrative agency in regard to above-referenced application, and
(c) the list of the documents that are not presented for public access.
2. Everyone may access the documents presented for public access in the administrative agency where the public administrative proceeding is conducted. In cases prescribed by law or on the basis on the reasoned decision of the administrative agency, the documents of the public administrative proceeding may be presented for public access in another administrative agency upon the consent of the latter.
3. Everyone may obtain copies of the documents presented for public access.
1. Everyone may present a private opinion in writing within 20 days after the submission of the application regarding the issuance of an administrative act or after presenting a draft administrative act for public access.
2. A person may present a private opinion anonymously. This right shall be referred to in the notice regarding the submission of document for public access.
3. An administrative agency shall mark the document with a registration date.
4. An administrative agency shall refer opinions presented by persons to respective administrative agencies and public expert within one day after the registration of the opinions.
If no other term is prescribed by law or applicable regulation, an administrative agency shall draft an administrative act within one month from the registration of the application.
1. An oral hearing shall be conducted during a public administrative proceeding, where the provisions prescribed Articles 110-112 of this Code shall be applied. An administrative agency shall issue an administrative act within 10 from the commencement of the oral hearing.
2. If law or applicable regulation provides for the postponement of the term for issuing an administrative act, the administrative agency shall make an advance announcement about the postponement of the term.
The administrative act that was issued through public administrative proceeding shall be promulgated.
1. An administrative act shall be issued only by an independent agency upon:
(a) the issuance of a concession, if its price exceeds 250,000 laris,
(b) rendering the decision on the privatization of the State (municipal) property (enterprise), if its price exceeds100,000 laris,
(c) rendering the decision regarding the distribution of telecommunication frequencies.
2. Law may require an independent agency to issue other types of administrative acts as well.
3. An independent agency shall issue an administrative act in accordance with the procedures prescribed for administrative proceedings by this Code.
4. The requirements set forth in Articles 8 and 69 of this Code shall apply to independent agencies.
1. An independent agency may consist of one or several natural or artificial persons who possess appropriate qualification and can ensure impartial decision-making.
2. An independent agency shall be established through open tender by the administrative agency that is competent to make such decisions.
The President of Georgia may establish an independent agency to solve an administrative complaint.
No administrative complaint shall be filed in a higher agency regarding the administrative act issued by an independent agency. The act may be appealed in a court.
1. Unless otherwise prescribed by law, an administrative act shall be enforced by the administrative agency that issued the act.
2. Upon the assignment of the issuing agency, the administrative act may be enforced by a lower or other administrative agency. Such events shall be regulated by the provisions on mutual assistance of administrative agencies under Chapter 2 of this Code.
3. Unless otherwise prescribed by law or applicable regulation, an administrative agency may delegate the power to enforce an administrative act for a single or multiple term.
4. Only those officials who are responsible for enforcing an administrative act by virtue of their official authority shall enforce the act.
5. A person shall carry the identification card certifying the above-referenced authority and shall present it upon the request of those persons to whom the enforcement concerns.
1. The administrative agency (official) responsible for the enforcement shall exercise its official authority only within the scope that is necessary to ensure the enforcement of an administrative act.
2. The authority of the administrative agency (official) responsible for the enforcement may be restricted by the administrative act of a higher administrative agency (official).
1. Every person shall fulfill the lawful requirements of an authorized administrative agency (official) related to the enforcement of an administrative act.
2. Unless otherwise prescribed by law or applicable regulation, a person may refuse to fulfill the requirement related to the enforcement, if it contravenes his official obligation, or if it will results in the disclosure of state, commercial or professional secret that he was required to protect under law.
1. An administrative agency (official) may perform any lawful action in regard to other person for the purpose of enforcing an administrative act, only if the decision on ensuring the enforcement was issued.
2. If an application for ensuring enforcement was filed with an administrative agency, it shall render a decision thereon within 10 days. The decision on ensuring the enforcement shall be in writing and shall constitute an administrative act.
3. The decision on ensuring the enforcement may be contained in the administrative act, which is to be enforced.
4. The decision on ensuring the enforcement shall include reference to the administrative act, which is to be enforced.
5. The decision on ensuring the enforcement shall include reference to the measure that is to be taken to ensure the enforcement. The decision shall specify only one measure for ensuring the enforcement.
6. If one measure cannot ensure the enforcement, an administrative act regarding the application of another measure shall be issued.
7. The decision on ensuring the enforcement shall specify the amount of expenses and the procedure for reimbursement. An administrative agency may subsequently change the amount of expenses according to the actions taken to enforce the administrative act.
1. Articles 95 and 98 of this Code shall not apply to the administrative proceeding regarding the issuance of the decision on ensuring the enforcement.
2. In urgent cases, when state or public security and health or life of a person is undermined, or if the offense cannot be otherwise prevented, the decision on ensuring the enforcement may be issued orally.
3. The decision on ensuring the enforcement shall be issued in writing within three days after taking applicable measure for the enforcement, as prescribed by Chapter 4 of this Code.
1. The person, in regard to whom the measure for ensuring the enforcement is taken, shall be granted a certain term for voluntary compliance with the administrative act.
2. The administrative agency shall clearly determine actions that the person shall perform for the purpose of enforcing the administrative act.
3. The person may fulfill his obligation in a manner that is the most convenient to him.
4. The measure for ensuring the enforcement may not be taken in regard to the person, who fulfills the obligations stipulated by the decision on ensuring the enforcement within the fixed term. The fulfillment of the above-referenced obligation by the person within the fixed term shall result in the termination of validity of the decision on enforcement.
5. In urgent cases stipulated by Article 166 of this Code the term may not be determined.
1. Unless otherwise prescribed by the law or applicable administrative act, the costs of enforcement of an administrative act shall be paid by the person who is in charge of the enforcement.
2. If in cases stipulated by Paragraph 5 of Article 167 of this Code no term was set for the person to voluntarily comply with an administrative act, the expenses related to the enforcement shall be covered by the state or local self-government and government agency, except when the urgent necessity was caused by the action of the person, who was in charge of enforcement of the administrative act.
1. After the expiration of the term for voluntarily compliance with an administrative act, an administrative agency may take one of the following measures to enforce the administrative act:
(a) assign another person to the enforcement of the administrative act,
(b) impose a fine, or
(c) direct coercion.
2. The administrative agency may take only those measures that are set forth in the decision on ensuring the enforcement.
3. The administrative agency may opt for only those measures that will ensure the promptest and least costly enforcement of the act and will inflict no harm upon the society and respective person.
4. The enforcement of an administrative act shall immediately result in discontinuing the application of the measure for ensuring the enforcement.
1. If an administrative act may be enforced by another person, an administrative agency shall assign another person to the enforcement of the act in accordance with this Code and other legislative acts of Georgia.
2. An administrative agency shall recover costs of enforcement of an administrative act from a respective natural or artificial person.
1. A fine as a measure for enforcement under Civil Law shall be imposed when an administrative act may be enforced only at the will of a respective person.
2. A fine as a measure for enforcement may also be imposed when another person may be assigned to the action related to the enforcement of the administrative act.
3. The amount of a fine shall be determined by the decision on ensuring the enforcement. The amount of a fine may be determined as a total amount or amount per day of violation of an administrative act, or amount per action violating an administrative act.
4. The total amount of a fine shall not exceed 1,000 laris for a natural person and 5,000 laris for an artificial person.
5. The amount of a fine per day or per action shall not exceed 50 laris for a natural person and 200 laris for an artificial person.
6. The minimum amount of a fine shall total 5 laris.
7. The amount of a fine shall be transferred to the state or territorial unit budget.
1. If notwithstanding the measures set forth in Articles 170 and 171 an administrative act was not enforced, the responsible administrative agency may ensure the enforcement through direct coercion.
2. Direct coercion may also be resorted to in accordance with Paragraph 2 of Article 166 of this Code.
3. An administrative agency shall take only those measures of direct coercion that are prescribed by law or applicable regulation.
The provisions of this Chapter regarding the enforcement of an administrative act shall not apply to local self-government or government agencies.
Law may prescribe the rules different from this Code for the state of emergency or martial law, or in regard to the enforcement of an administrative act by police.
1. The measures for ensuring the enforcement, as prescribed by Article 169 of this Code, may not apply to the enforcement of an administrative act in regard to the recovery of funds.
2. The enforcement of an administrative act in regard to the recovery of funds shall require the decision of a respective administrative agency on ensuring the enforcement.
3. If the required person refuses to pay funds on the basis of an administrative act, an administrative agency may render the decision on ensuring the enforcement, according to which the authorized person will require the debtor to transfer the amount to the account of the administrative agency.
4. The coercive recovery of funds from a person and placement of lien on property shall be based upon the writ of execution, as prescribed by the Law of Georgia on Enforcement Proceedings.
1. A complaint against the decision on ensuring the enforcement shall be filed pursuant to the procedures set forth in this Code.
2. If the enforcement measure and the term stipulated by the decision on ensuring the enforcement are based upon the administrative act that is to be enforced, the complaint shall be filed only together with the respective administrative act.
1. An interested party may file a complaint against the administrative decree issued by an administrative agency.
2. The failure of an administrative agency to issue an administrative act within a fixed term shall be considered as a refusal to issue the act and will constitute the ground for filing a complaint pursuant to this Chapter.
3. The action of an administrative agency, which is not related to the issuance of an administrative decree, shall be appealed under this chapter.
4. No decision of an administrative agency relating to administrative proceeding may be appealed separately, except as expressly prescribed by law or when the decision contravenes the rights or lawful interests of a person independently of the respective administrative decree.
1. Unless otherwise prescribed by law or applicable regulation, an administrative complaint shall be reviewed and resolved by the administrative agency that issued the administrative decree, if there is a higher official who directs the official or subdivision that issued the administrative decree.
2. A complaint filed with regard to an administrative decree issued by the chief official of an administrative agency shall be reviewed and decision thereon shall be made by a higher administrative agency.
3. A person may directly appeal to the court to protect his right and liberties without first filing an administrative complaint with an administrative agency.
1. An administrative proceeding shall commence pursuant to the procedures prescribed by this Chapter only after an administrative complaint is filed.
2. An administrative complaint shall be in writing and shall comply with the requirements prescribed by this Code.
1. Unless otherwise prescribed by law, an administrative complaint shall be filed within one month after the promulgation or official notification of an administrative act.
2. A complaint against the action of an administrative agency may be filed within one month after the interested party became aware of such action or of desisting from such action.
3. An administrative agency may not define the term for filing a complaint if it fails to issue an administrative decree with the fixed term.
4. In case of failure to file an administrative complaint within the fixed term, the term shall be extended if the failure occurred due to force-major or other reasonable excuse.
1. An administrative complaint shall include the following information:
(a) the title of the administrative agency where the complaint is filed,
(b) the identity and address of the complainant,
(c) the title of the administrative agency whose administrative decree or action is subject to complaint,
(d) the title of the administrative decree subject to complaint,
(e) claim,
(f) the grounds for the claim, and
(g) the list of attached documents, if any.
2. If the complainant was provided with the respective administrative decree, a copy of the decree shall be attached to the administrative complaint.
1. An administrative agency may not review an administrative complaint if:
(a) there is a court decision or ruling certifying that the plaintiff abandoned the claim stipulated by the complaint, or the defendant admitted it, or the parties reached an agreement on the claim,
(b) the case regarding the same claim, involving the same parties, and based on the same ground is in a court, or
(c) the same or a higher administrative agency has already rendered the decision regarding the same matter.
2. Before rendering the decision on refusing to accept or review an administrative complaint, the administrative agency shall enable the complainant to present his opinion regarding the matter. The administrative agency shall render a decision regarding acceptance or rejection of the administrative complaint within 5 days.
1. Unless otherwise prescribed by law or applicable regulation, an authorized administrative agency shall review an administrative complaint and render a decision within a month.
2. In cases prescribed by applicable legislation, when detection of substantial circumstances for the case requires the term longer than that prescribed for reviewing an administrative complaint, an administrative agency shall be authorized to render a reasoned decision to extend the term for reviewing an administrative complaint.
3. An administrative agency shall render the decision stipulated by Paragraph 2 of this Article no later than ten days after the commencement of administrative proceeding and shall inform the complainant.
4. Unless otherwise prescribed by law or applicable administrative decree, the term for reviewing an administrative complaint may be extended for not more than one month.
1. Unless otherwise prescribed by law or applicable regulation, the act that is subject to complaint shall be suspended upon the registration of an administrative complaint. The administrative agency shall issue an administrative act thereon.
2. An administrative decree may not be suspended if:
(a) the suspension will result in the increase in expenses of the State or local self-government or local government agencies;
(b) it is the administrative decree of police that was adopted to maintain public order,
(c) it was issued during the state emergency or martial law pursuant to applicable legislation, or
(d) the postponement of the enforcement will result in substantial material damages or will substantially undermine public order or security.
3. The decision based on Paragraph 2 of this Article regarding the extension of the term of an administrative decree shall be rendered by the administrative agency that issued the decree, or by a higher administrative agency.
4. A complaint against the decision of an administrative agency stipulated by Paragraph 3 of this Article shall be filed in a court in compliance with applicable legislation.
5. An interested party may refer to a court pursuant to law to restore the suspended administrative decree.
Unless otherwise prescribed by this Chapter, the provisions under Chapter 6 of this Code apply to the administrative proceeding related to an administrative complaint.
The procedures prescribed by Chapter 7 of this Code apply to the review and resolution of an administrative complaint by a corporate administrative agency.
The person who participated in the preparation or issuance of the administrative decree subject to complaint may not be involved in the review of the administrative complaint.
1. Filing of an administrative complaint may not restrict the right of an administrative agency that issued the administrative decree to amend, invalidate or nullify the decree in compliance with the procedure prescribed by this Code.
2. If an administrative decree is amended or nullified, the administrative agency shall inform the administrative agency reviewing the complaint within five days.
1. If an administrative complaint is filed in regard to the failure to issue an administrative decree within the fixed term, the filing of the complaint may not interfere with the obligation of an administrative agency to issue an administrative decree, except as prescribed by law.
2. Unless otherwise prescribed by law, the issuance of an administrative decree by an administrative agency shall result in the termination of the administrative proceeding on the administrative complaint regarding the failure to issue the administrative act.
If the administrative agency that issued the administrative decree subject to complaint amends or revokes the decree, the review of the administrative complaint shall be continued if an interested party seeks to nullify the decree.
1. The person who filed an administrative complaint may abandon the complaint before the administrative agency renders a decision.
2. The abandonment of an administrative complaint shall be announced in writing. During an oral hearing an interested party may abandon a complaint orally as well.
3. The abandonment of an administrative complaint may not suspend its review if the failure to review the administrative complaint may undermine state or public interests or inflict substantial harm.
1. The administrative agency that issued the administrative decree subject to complaint may admit the complaint if it complies with applicable legislation.
2. Unless otherwise prescribed by law or applicable regulation, the administrative agency that reviews an administrative complaint may continue administrative proceeding even if the administrative agency that issued the administrative decree admitted the complaint.
1. Unless otherwise prescribed by law or applicable regulation, an administrative agency shall review an administrative complaint within the scope of the claim of the complaint. In cases prescribed by law the agency may review a complaint beyond the scope of the claim.
2. If the administrative agency reviewing the complaint cannot render a decision only in regard to the part of the administrative decree to which the complaint concerns, the agency shall render the decision in regard to the entire decree upon the written consent of the complainant. If the latter is against it, the agency may decide to ignore the complaint, if it complies with law.
1. An administrative agency shall enable the interested party participating in the administrative proceeding to present his opinion.
2. An administrative agency shall serve written notice about the commencement of the proceeding to all persons who previously participated in the administrative proceeding in regard to the issuance of the administrative decree. The agency shall also ensure their participation in the proceeding.
3. Unless otherwise prescribed by law or applicable regulation, the refusal of an interested party to present his opinion or additional information or to attend oral hearing may not result in the suspension of the administrative proceeding.
1. The administrative agency reviewing an administrative complaint shall within five days send a copy of the complaint and attached documents to the administrative agency that issued the administrative decree.
2. The administrative agency that issued the administrative decree subject to complaint shall present all decree-related materials of the proceeding and its written opinion regarding the complaint to the administrative agency reviewing the complaint. The above-referenced documents shall be provided within five days after receiving the administrative complaint.
3. Unless otherwise prescribed by law, the administrative agency that issued the administrative decree subject to complaint and the interested party involved in the administrative proceeding related to the complaint shall enjoy the same rights.
4. The administrative agency that issued the administrative decree subject to complaint shall be represented in an administrative proceeding by the official who issued the decree or by another authorized person. If the decree was issued by a corporate agency, it shall be represented by the chief official of the agency.
5. The administrative agency that issued the administrative decree subject to complaint may be represented in an administrative proceeding by another employee only with the consent of the administrative agency that reviews the complaint.
1. Unless otherwise prescribed by law, the complainant and another interested party shall present their opinion and other additional case-related documents within five days before the commencement of oral hearing.
2. An administrative agency shall serve a written notice to the participant of the administrative proceeding regarding the date of the oral hearing within five days before the commencement of the hearing.
Parties to an administrative proceeding shall be granted access to the documents of the proceeding pursuant to Article 99 of this Code.
1. An oral hearing shall be conducted in accordance with the procedures set forth in Chapter 8.
2. Parties to an administrative hearing may be heard in the absence of each-other, if required so for the purpose of avoiding the disclosure of state, commercial, or private secret, or if substantial case-related circumstances cannot be otherwise discovered.
3. An administrative agency shall render a reasoned decision regarding the matter stipulated by Paragraph 2 of this Article upon the request of an interested party.
4. Unless otherwise prescribed by law or applicable regulation, the session of an oral hearing shall be open.
5. The session of an oral hearing shall be open if an administrative complaint is filed against the administrative decree that is based on public administrative proceeding.
1. An administrative agency may review and resolve an administrative complaint without an oral hearing, if:
(a) it invokes the grounds for denying the complaint, or
(b) all interested parties to the proceeding agree on hearing the case without oral hearing.
2. An administrative agency shall provide the grounds for not conducting oral hearing in the administrative decree issued in regard to the complaint.
If the administrative agency reviewing an administrative complaint becomes aware of a new substantial case-related circumstance after the oral hearing, it shall inform interested parties to the proceeding and enable them to present their opinions regarding this matter.
1. After the review of an administrative complaint the administrative agency shall render one of the following decisions:
(a) comply with the complaint,
(b) deny the complaint, or
(c) partly comply with the complaint.
2. If there is a need to investigate additional materials to the case, the administrative agency shall postpone the review and serve notice to the parties.
3. The administrative agency shall examine the expediency of the proceeding-related administrative decree.
4. The administrative agency reviewing an administrative complaint shall examine whether the decree complies with the statutory requirement for granting any right or preference to the complainant.
The decision of an administrative agency regarding the review of an administrative complaint shall constitute an administrative act and shall meet the requirements for administrative acts as prescribed by this Code.
1. An administrative agency may amend, revoke or invalidate the administrative act subject to complaint.
2. An administrative agency may not amend, revoke or invalidate an administrative decree, if the violation made during the preparation and issuance of the decree is not substantial.
3. Unless otherwise prescribed by law or applicable regulation, the administrative agency reviewing an administrative complaint shall issue a new administrative decree as a substitute for the null or invalid act, if required so by the complainant or applicable law.
4. If the collection of additional information or additional examination of evidence is required, a higher administrative agency may order the agency that issued the nullified or invalidated decree to issue a new administrative decree. The instructions included in such decision shall be mandatory for the lower administrative agency.
5. The administrative agency reviewing an administrative complaint may not issue an administrative decree, if the power to issue the decree is granted only to the agency that issued the act subject to complaint, or if the issuance of the decree requires special ground, including competition.
6. An administrative agency shall examine the administrative decree based on the decision of a corporate or advisory body or evidence prepared by a public expert only in terms of its legitimacy. In case of the nullification or invalidation of the decree the agency shall order an appropriate administrative agency to issue a new administrative decree.
1. No state duty or tax shall be imposed for the review of an administrative complaint.
2. Each party shall pay costs that it incurred in connection with the administrative proceeding based on an administrative complaint.
3. If the court rules in favor of the complainant, the administrative agency shall reimburse the party to the administrative proceeding for attorney costs or fees paid to its representative, only if the party is insolvent.
Unless otherwise prescribed by this Code, the damage inflicted by an administrative agency shall be redressed in accordance with the procedures prescribed by the Civil Code of Georgia.
1. The State shall bear liability for the damage inflicted by a state administrative agency, its official, or other public servant in the course of the execution of official duties.
2. A local self-government (government) agency shall bear liability for the damage inflicted by it, its official, or other employee in the course of the execution of official duties.
3. If a person performs any activity upon the delegation of power or assignment by a state or local self-government (government) agency, the liability for the damage inflicted in the course of such activity shall be imposed upon those agencies.
1. If the administrative decree that was issued for public need in compliance with law inflicts substantial damage upon only a certain person or a group of person in violation of the principle of equality, the state or local self-government (government) agency shall redress the damage.
2. The scope of redressing the damage shall be defined on the basis of the estimation of public and private interests.
1. The issuance of a normative administrative decree shall be regulated by the Constitution of Georgia, the Law of Georgian on Normative Acts, this Code, and other applicable legislative acts and regulations.
2. Unless otherwise prescribed by law, a normative administrative decree shall be issued (adopted) in accordance with the procedures prescribed for public administrative proceeding.
1. The administrative proceeding for the purpose of issuing a normative administrative decree shall commence by the decision of the administrative agency (official) competent to issue the decree.
2. The decision to commence the administrative proceeding for the purpose of issuing a normative administrative decree shall be in writing and shall constitute an administrative act.
3. The administrative proceeding for the purpose of issuing a normative administrative decree may commence upon the application of a natural or artificial person or administrative agency only in cases prescribed by law.
4. Appeal from the decision to commence an administrative proceeding shall be regulated by provisions set forth in Paragraph 4 of Article 177 of this Code.
1. Unless otherwise prescribed by law or applicable regulation, a normative administrative decree shall be drafted by the administrative agency competent to issue the decree.
2. Within the scope of its power an administrative agency may assign a lower administrative agency or other natural or artificial person to the drafting of a normative administrative decree on the basis of an agreement in cases prescribed by applicable legislation.
3. The decision to assign a lower administrative agency to the drafting of a normative administrative decree shall be rendered upon the written consent of the agency.
1. A draft normative administrative decree shall be promulgated in compliance with the procedures prescribed by Articles 55 and 56 of this Code.
2. The not