Administrative procedure can restrict liberty and property quickly
The fact that a case is described as administrative does not make arrest, inspection, seizure or detention informal. Each measure should have a legal basis, authorised officer, record, time and review procedure.
Article 244 describes measures used to secure administrative proceedings, including administrative arrest, personal inspection, inspection of belongings and seizure of belongings or documents in circumstances provided by law. Article 245 requires important information on arrest, including the alleged offence and basis, the right to defence counsel and the right to request notification of a named relative and workplace or educational administration.
Article 251 permits an interested person to challenge administrative arrest, personal inspection, inspection of belongings and seizure of items or documents. Article 252 then governs the core participation rights of the person prosecuted when the case is considered.
A procedural violation and the alleged offence are separate questions
Challenging an arrest, inspection or seizure does not automatically dispose of the underlying allegation, and defending the allegation does not waive a challenge to the coercive measure. Both tracks should be documented and pursued through the correct body and deadline.
Actions during the first hours
Record the place and exact time of stop, arrest, arrival, release and every transfer
Request the arrest, inspection, seizure and administrative-offence reports and note refusals
Ask for counsel and an interpreter before giving a substantive explanation or signing
Preserve witness, video, medical and property-inventory evidence for hearing and appeal
Documents for reviewing legality and fairness
- Administrative-arrest report with time, place, grounds, officer and signatures
- Personal-inspection or belongings-inspection record and attending-person details
- Complete inventory of seized items and documents, packaging, seals and storage information
- Administrative-offence report, summons, hearing record, petitions and rulings
- Body-camera, station, corridor, vehicle and custody-area recordings
- Interpreter, medical, notification and lawyer-access records
Participation at the hearing and appeal
Article 252(1) protects the right to familiarise oneself with case materials, give statements, submit evidence and petitions, use defence counsel, speak in a native language or use an interpreter, and appeal. It also states the general rule that the proceeding is held in the person’s presence, with absence permitted only under the statutory notice and postponement conditions.
Other paragraphs of Article 252 address mandatory attendance in listed cases and circumstances for state-funded defence where detention is among the possible penalties. Because the list and sanction structure can change, the article cited in the report and the current consolidated text should be checked before the hearing.
Provisions and connected classifications
Measures and arrest information
The Code regulates the purpose of coercive measures, arrest records and information that must be communicated to an arrestee.
Open current CodeChallenge arrest, inspection or seizure
Interested persons may challenge specified administrative measures through the statutory procedure.
Read Article 251 wordingDefence and participation rights
Access to materials, statements, evidence, petitions, counsel, language assistance, presence and appeal are central.
Read Article 252 core wordingArticles 251 and 252 in the site’s statutory-panel design
Article 251 is reproduced below in its concise official English wording. For Article 252, the core paragraph is reproduced and the changing offence lists and additional counsel provision are identified for current-law checking.
Article 251Appealing an administrative arrest, search, seizure of items and documents+
Interested persons may appeal an administrative arrest, personal inspection, and inspection of belongings, seizure of items and documents to a superior agency (official) or a prosecutor.
Open the current consolidated Code on Matsne↗︎The article or procedure may have changed. Check the current Georgian text and the exact document served in the case before relying on this summary.
Article 252(1)Core rights of a person prosecuted for an administrative offence+
A person prosecuted for an administrative offence may familiarise himself/herself with the case material, give statements, tender evidence and file petitions; enjoy the legal services of a defence counsel during the hearing; speak in a native language and, if he/she does not speak the language of the proceeding, enjoy the services of an interpreter; and appeal an order issued in the case.
The general rule is that proceedings are held in the person’s presence. The statutory exception concerns a person who was timely informed of the venue and time and did not request postponement. Other parts of Article 252 must be checked for mandatory attendance and state-funded counsel in the case concerned.
Open the current consolidated Code on Matsne↗︎The article or procedure may have changed. Check the current Georgian text and the exact document served in the case before relying on this summary.
How we prepare the case
Primary sources for this guide
Administrative law can change quickly, and the official English text may lag behind the Georgian consolidation. Check the article part, issuing authority and document served in the case before acting.
Administrative Offences Code of Georgia — current consolidated record↗︎Constitution of Georgia↗︎Criminal Procedure Code of Georgia — if the matter becomes criminal↗︎