Tbilisi, Georgia – In the event that an authorized official issues an administrative fine during a rally, the procedure shall be as follows:
Legal Procedure for Challenging a Fine Issued at a Demonstration
If you are issued a fine during a demonstration, you have the legal right to challenge it, and enforcement can be postponed through a structured appeal process. The Code of Administrative Offenses of Georgia provides clear mechanisms that, if followed correctly, can significantly delay the obligation to pay and, in some cases, lead to full dismissal of the fine.
On-Site Issuance of a Fine
- An authorized official has the legal right to adjudicate the case on-site, impose an administrative penalty, and issue a printed fine receipt (Article 234¹).
- Under Article 242, Part 6, the issuance of a fine receipt is considered the official act of penalty notification. Retaining the receipt is essential for legal recourse.
Effect of Filing an Appeal (Suspension of Payment Obligation)
- The recipient of a fine has 10 days to file an administrative appeal.
- If the appeal is submitted within this period, enforcement of the fine is automatically suspended until a final decision is issued.
- The initial appeal must be filed with the Ministry of Internal Affairs (MIA), following the same procedure as contesting a traffic fine.
- If the MIA denies the appeal, the decision may be further contested in court.
Legal Timeline for Delaying Payment
By utilizing the full appeal process, the requirement to pay the fine can be postponed as follows:
- Deadline to file an appeal with the MIA → 10 days (Article 273)
- MIA’s decision-making period → Up to 30 days (Article 276, Paragraph 1)
- Deadline to file an appeal against the MIA’s decision in court → 30 days
- Court review period (magistrate judge) → Up to 1 month
- Deadline to appeal the City Court’s decision → 14 days (Article 369 of the Code of Criminal Procedure)
- Appeal review period → Up to 30 days + 10 days for admissibility
Total Duration of Postponement
By fully exhausting all legal remedies, the payment obligation can be lawfully delayed for a minimum of 63 days and up to 5–6 months. If the court rules in favor of the appellant, the fine may be entirely dismissed.
Key Legal Considerations
- During the appeal process, the fine is not enforceable, meaning no payment is required until a final ruling is issued.
- The law provides clear procedural safeguards against arbitrary or unjust penalties.
- If necessary, legal assistance is available to navigate the appeal process effectively.
By asserting these legal rights, individuals fined at demonstrations can ensure due process is followed and, where applicable, significantly delay or overturn the fine through legitimate legal channels.
Remember, a police-issued fine does not constitute an immediate obligation to pay!
