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Administrative Code

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Translated by AMEX International, Inc. Tbilisi Branch
Updated as of March 2001
T HE G ENERAL A DMINISTRATIVE C ODE OF G EORGIA

CHAPTER 1
GENERAL PROVISIONS

Article 1. The purpose of this Code

1. This Code defines the procedures for issuing and enforcing administrative acts,
reviewing administrative complaints, a nd preparing, concluding, and implementing
administrative contracts by an administrative agency.
2. The purpose of this Code is to ensure th e protection of human rights and freedoms,
public interests, and the rule of law by administrative agencies.

Article 2. The definition of terms

1. The terms used in this Code have the following meanings:
(a) “Administrative agency” m eans any state or local self-government agency or
institution, artificial person of Public Law (except for poli tical 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 i ssued 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 individua l act issued by an administrative agency
pursuant to Administrative Law, which establishes, modifies, terminates or
affirms rights and duties of a person or a limited group of persons. Administrative
act shall also include rejection by an administrative agency of any application that
falls within its jurisdiction.
(e) “Normative administrative decree” m eans an act issued by an authorized
administrative agency pursuant to an a pplicable 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 contra ct concluded between an administrative
agency and a natural or artificial pe rson or another administrative agency.
(h) “Application” means a written request file d pursuant to this Code by a party that
has an interest in the issuance of an admi nistrative 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,

Translated by AMEX International, Inc. Tbilisi Branch
Updated as of March 2001
or through performance or non-performance of a particular action by an
administrative agency, which does not requ ire issuance of an administrative act.
(j) “Administrative proceedings” means activities performed by an administrative
agency to prepare, issue, or enfor ce 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 deci sions in compliance with public and
private interests.
(l) “Public information” means an official document (including chart, model, plan,
diagram, photograph, electronic informati on, and video and audio records), i.e.
information held by a public agency, or th at received, processed, created, or sent
by a public agency or a public servant in connection with official activities.
(m) “Secret information” means any informa tion 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 se t forth in Paragraph 1 of this Article
may not be otherwise interpreted or applied by other legislative acts.

Article 3. The scope of the Code

1. This Code affects the activities of stat e, local self-government, and government
agencies and institutions, and of those ent ities who act as administrative agencies in
accordance with this Code.
2. This Code, except for Chapter 3, may not a ffect 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 instituti ons of Georgia.
3. This Code affects those activities of the institutions and officials provided in
Paragraph 2 of this Article that are rela ted to the performance of administrative
functions.
4. This Code may not affect those activities of the Executive th at are related to:
(a) criminal prosecution and criminal pro ceeding 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 cons titutional rights and freedoms,
(e) the appointment or dismissal by the Presiden t 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
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(f) The implementation of international treatie s and agreements and the pursuance of
foreign policy.

Article 4. Equality before law

1. Everyone shall be equal before la w 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 viol ation of law shall be prohibited.
3. Wherever circumstances of different cases are identical, judgements in regard to the
persons involved shall be id entical, except if there is a lawful ground for rendering a
different judgment.

Article 5. The exercise of authority pursuant to law

1. An administrative agency may not perf orm 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 abus e 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 shal l be held liable under law for the failure
to duly perform his duties and the abuse of power.

Article 6. The procedures for exercising discretionary power

1. If an administrative agency enjoys discre tionary power to solve any matter, it shall
exercise discretionary power in compliance with law.
2. The exercise of discretionary power by an ad ministrative agency shall be appropriate
to the purpose for which it was granted to the agency.

Article 7. The balance of public and private interests

1. While exercising discretionary power, an administrative agency may not issue any
administrative decree, if the harm inflicte d by the latter upon the lawful rights and
interests of a person substantially ex ceeds the benefits of the decree.
2. The measures prescribed by the administ rative decree that was issued within
discretionary power may not result in unreas onable restriction of a person’s lawful
rights and interests.

Article 8. Impartial resolution of a case

1. An administrative agency shall ex ercise its authority impartially.
2. No public official shall participate in admi nistrative proceeding, if he has any private
interest or there is any other circumstance that may affect decision-making process.

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Article 9. The right to legitimate trust

1. An administrative agency shall protect a person’s right to legitimate trust.
2. Legitimate trust of a person shall be grounde d on any written document issued by an
administrative agency or its official, wh ich 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.

Article 10. Openness

1. Everyone may gain access to official docum ents kept by an administrative agency,
and obtain a copy thereof, unless such doc uments contain state, professional,
commercial, or private secrets.
2. The procedures for gaining access to and obt aining copies of the public information
kept by an administrative agency are pr escribed by Chapter 3 of this Code.
3. An administrative agency shall ensure open and public hearing of any issue in cases
prescribed by law.

Article 11. Secrecy

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 legisl ation. Such prohibition shall not serve as
grounds for refusal to perform du ties under Article 10 of the Code.

Article 12. The right to apply to an administrative agency

1. A person may apply to an administrative agen cy 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.

Article 13. The right to be heard

1. An administrative agency may review and solve a matter only if the interested party
whose right or legal intere st is restricted by the administrative decree has been
enabled to present his opinion, except as provided by law.
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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.

Article 14. The official language of administrative proceeding

The official language of administrative proceed ing shall be Georgian. Additional official
language of administrative proceedi ng in Abkhazia shall be Abkhazian.

Article 15. Calculation of terms

The official holidays prescribed by labor legislation shall be excluded from the
calculation of the terms provided in this Code.

CHAPTER 2
GENERAL PROVISIONS ON THE
ACTIVITIES OF AN ADMINISTRATIVE AGENCY

Article 16. The obligation of mutual assi stance between administrative agencies

1. Within its authority and to the best of its ability, an administrative agency shall
provide necessary legal assistance to anot her 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 admini strative agency, as
prescribed by law.

Article 17. The terms and sc ope of legal assistance

An administrative agency may seek assist ance from another administrative agency if:
(a) it is unable to perform the required ac tion 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 neces sary 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.

Article 18. Refusal to provide legal assistance

1. An administrative agency may refu se to provide legal assistance if:
(a) it is beyond the scope of its statutory authority, or
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(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 administrativ e 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.

Article 19. Reimbursement of the expenses of legal assistance

1. An administrative agency that seeks lega l assistance shall reimburse the assistance-
related expenses that exceed 50 laris.
2. If the cost of the legal assistance is expect ed to exceed 50 laris, the applicant agency
shall be notified about it in advance.

Article 20. The right to certify a document

1. An administrative agency may certify authenti c copies of administrative acts or other
documents issued by it or its subordinate body.
2. The copies of the documents issued or offi cially certified by an administrative agency
are officially valid.
3. A document may not be certified if its c ontent 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 o fficial 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 acco rding to applicable procedures.

Article 21. Public expert

1. A public expert is a natural or artificial person, or a scie ntific-consultative (expert)
agency established by an administrative agen cy 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 ag ency 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.
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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 sh all 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 justificati on of the administrative decree.

Article 22. Presenting an expert evidence

1. A public expert agency shall perform its duties impartially and in good faith.
2. If a public expert fails to pe rform or duly perform his duties, he shall be held liable
according to applicable legislation.

Article 23. Protection of secret information

A public expert may not disclose any secret information that he became aware of during
the execution of his duties. This obligation sh all be valid even when the expert does not
perform his official duties.

Article 24. Reimbursement of expenses

All expenses incurred by a public expert during the execution of his duties shall be
reimbursed to him. A respective administrativ e agency shall be informed in advance
about the necessity of such expenses.

Article 25. The legal force of an expert evidence

Unless otherwise prescribed by law, an admi nistrative agency shall not be required to
take into consideration the evid ence of a public expert. Refusal to take into consideration
an expert evidence shall be substantiated.

Article 26. The dismissal of a public expert

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.

CHAPTER 3
FREEDOM OF INFORMATION

Article 27. The definition of terms

The terms used in this Chapter have the following meanings within this Chapter:
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(a) “Public agency” means an administrative ag ency, or an artificial person of Private
Law funded by the State or local governmen t budget, but only within the scope of
such funding.
(b) “Corporate public agency” means a public ag ency 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” mean s 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 informa tion into a public register in accordance
with law and making public inform ation accessible for the public.
(g) “Public database” means data that is system atically 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 th e exemption of a public agency or public servant from
the obligations stipulated by this Chapter.
(j) “Urgent necessity” means a threat of violati on of the law, or a genuine threat to the
functioning of public agencies in a democratic society.

Article 27 1. Personal secret

The matter whether particular information constitutes a personal secret shall be decided
by the information subject, except as otherwise prescribed by the law.

Article 27 2. Commercial secret

1. Commercial secret means any information co ncerning 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 acco mplishment, 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 pe rson shall indicate whether it constitutes
commercial secret. A public agency shall wi thin 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 doe s 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 da ys after the decision is made, unless the
person who submitted the information appeals the agency’s decision in a higher
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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 consid er 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.

Article 27 3. Professional secret

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.

Article 27 4. State secret

Information constituting a state secret shall be defined by the legislation on state secret.

Article 28. Access to public information

Public information shall be open, unless othe rwise prescribed by the law, or except for
information that constitutes state, commercial, or personal secret.

Article 29. Executive privilege

Names of the public servants (except for po litical officials) participating in the
preparation of a decision by an official shall be protected fr om disclosure by means of the
executive privilege.

Article 30. The decision designating pub lic information to be classified

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 exha ustive list of classified
information.

Article 31. Term for keeping pub lic information classified

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 informa tion or to extend the term for keeping it
classified shall be ente red into public register.
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Article 32. The openness of a session

The session conducted by any corporate public agency shall be open and public, except
as provided in Article 28 of this Code.

Article 33. The procedure for publicizing secret information

After classified information is declassified, any part of classified public information or
protocol of the closed session of a corpor ate 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 info rmation, the grounds for classifying, and the
term for keeping the information classified

Article 34. Meeting of a corporate public agency

1. A corporate public agency sh all a week ahead publicly announce about forthcoming
meeting, including its place, time and agenda. The agency shall also publicly
announce its decision to close su ch 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 Paragr aph 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 mee ting or decides to close the meeting due
to urgent necessity, it sha ll announce procedures for appe aling 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 he ld. 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.

Article 35. Public register

All public information kept by a public agency shall be entered into the public register.
Reference to public information shall be entere d into the public register within two days
after its acquisition, creation, processing or publicizing, indicati ng its title and the date of
receipt, creation, processing, a nd publicizing of the informati on, and the title or name of
the natural or artificial person, public serv ant, or public agency, which provided the
information and /or to which it was sent.

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Article 36. Ensuring access to public information
A public agency shall designate a public serv ant who will be responsible for ensuring the
accessibility of public information.

Article 37. Request for public information

1. Everyone may request public information ir respective 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, a nd gain access to the original of information.
If there is the danger of damaging the orig inal, 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 wr itten request. The
applicant shall not be re quired 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 wr itten consent of the information subject,
certified by a notary or an administrative ag ency, except for the events prescribed by
the law.

Article 38. Access to the copy of public information

A public agency shall provide access to the copy of public information. No fees shall be
charged for distributing public info rmation, except for copying costs.

Article 39. Access to personal information

A person may not be denied access to the public information, which allows his
identification, and which shall not be accessibl e to other persons according to this Code.
A person may have access to his personal informa tion that is kept in a public agency, and
may obtain copies of such information free of charge.

Article 40. Release of public information

1. A public agency shall release public inform ation 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 ope rates 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 app licant thereof upon his request.

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Article 41. Denying access to public information

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, th e agency shall provide an applicant with
information concerning his rights and proce dures for filing a complaint within three
days after the decision is rendered. The agen cy shall also specify those subdivisions
or public agencies, which provided their suggestions regard ing the decision.

Article 41 1. Decision to release or deny access to public information

In the events prescribed by Paragraph 3 of Article 27 2, a public agency shall render a
decision to release or deny acce ss to public information immediately after expiration of
the term prescribed by the above-referenced article.

Article 42. The information that shall not be classified

Everyone shall have access to information concerning:
(a) environment and the hazard that constitutes a threat to life and health,
(b) fundamental principles and obj ectives of a public agency,
(c) description of the structur e of a public agency, the pr ocedures for assigning and
dividing functions among public servan ts and decision-making procedures,
(d) names and office addresses of those servants of public agencies, who hold positions
or are responsible for cla ssifying 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 activ ity 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 lega l grounds for collecting, processing, storing
and disseminating data by a public agency,
(j) availability or non-availability of pers onal information of applicant in a public
database, the procedures for gaining access to such information, including the
procedures allowing the identif ication of a person, if the person or his representative
filed the request to gain acce ss to or modify personal info rmation 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 containe d 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 consider ed state, commercial, or personal secret
pursuant to the law or applicable procedures.

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Article 43. The procedures for processing personal data

A public agency shall:
(a) collect, process and store onl y 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 c ontrolling the conformity of collection,
processing, storage and content of the da ta with statutory goals and terms;
(d) destroy the data that is un related 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 accu rate, reliable, updated and complete data;
(e) store amended data, indicating the date of thei r use, together with original data for the
period of their existence, but note less than five years;
(f) during the collection of personal informa tion about any person obtain information
directly from that person and other sour ces, only if all possibilities of obtaining
information from an initial source were e xhausted, 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 a bout persons of certain category;
(g) enter into a public register the informa tion 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 hi s current address of the request for his
personal data by a third person or a public ag ency, except as provided in Article 28 of
this Code;
(i) before transferring personal data to anothe r person/public agency take all reasonable
measures for double-checking whether those da ta are accurate, relevant, updated and
complete;
(j) during the collection, processing and storag e of personal data inform a concerned
person about the objectives and legal gr ounds for processing personal data, whether
the person is required to provide persona l information, the sources and composition
of personal information and third pe rsons who may gain access to it.

Article 44. Secrecy of personal data

1. No public agency shall disclose information constituting personal secret, except for
personal data of officials (including candidates to such pos itions), 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.

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Article 45. Access to personal data

Personal data may be accessible for the purpose of conducting a scientific research. This
rule excludes the possibility of identifying a person.

Article 46. The revision or destruction of data

A person may demand the revision of data or the destruction of illegally obtained data.
The burden of proof concerning th e 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 rende r a decision on this
matter within ten days.

Article 47. The nullification or amendmen t of a decision. Claim for damages

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 th is 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.

Article 48. The request for classi fied information by a court

Pursuant to the motion submitted by a part y, the court may request for and review
classified public information to investigate th e legality of designating this information to
be fully or partly classified.

Article 49. Reporting

On December 10 of every year a public ag ency shall report to the Parliament and
President of Georgia regarding:
(a) the number of requests to provide or m odify 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,
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(d) the number of violations of this Code by public servants and the imposition of
disciplinary penaltie s 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 rele ase 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.

Article 50. Openness of previous public information

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 id entification of persons indicated therein
for life.

CHAPTER 4
ADMINISTRATIVE DECREE

Article 51. The form of an administrative act

1. An administrative act sha ll be issued in writing.
2. In urgent cases, when the delay may undermin e 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 a ffected by Articles 52-58 of this Code.

Article 52. The content of an administrative act

1. An administrative act shall incl ude 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 sha ll include reference to the institution, where a complaint
against the act may be filed, including the a ddress of the institution and the deadline
for filing a complaint (or lawsuit).
3. The administrative act issued by a state agen cy 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.

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Article 53. The justification of an administrative decree

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 refe rence to an applicable normative act or
regulation, which constitutes the ground for its issuance.
4. If during the issuance of an administrativ e 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 requi res 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 writ ten justification shall be promulgated or
provided for official notification within one week after the promulgation or official
notification of the decree.

Article 54. The entry into force of an administrative act

1. Unless otherwise prescribed by law, an admi nistrative 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 no tification, if delay may subs tantially 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 administra tive act, the burden of proof
shall rest with the administrative agency.

Article 55. The promulgation of an administrative act

1. An administrative act shall be prom ulgated only when required by law.
2. In case when an administrative act concerns more than 50 persons, the official
notification may be replaced with promulga tion. In such case the administrative act
shall be provided for official notification onl y to the applicant. If the application is
signed by several persons, the act shall be provided to the person whose signature
comes first.

Article 56. The procedure for prom ulgating an administrative act

1. An administrative act shall be promulgate d in the official gazette of a respective
administrative agency.
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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 l east once a week. Otherwise, the act shall
be publicly announced.
3. An administrative agency shall define th e procedures for promulgating or publicly
announcing the administrative act beforeha nd, as provided in Paragraph 2 of this
Article.

Article 57. Public announcement

Public announcement shall mean posting an ad ministrative 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.

Article 58. The procedure for official no tification of an administrative act

1. Unless otherwise prescribed by law, the offici al notification of an interested party of
an administrative act shall mean providing hi m 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 th e administrative agency. No fee shall be
charged for providing a copy of an administrative act.

Article 59. The correction of errors in 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 promul gated or provided for official notification
pursuant to the procedures for promulgating and providing for official notification of
an administrative act.

Article 60. The nullification of an administrative decree

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 impossibl e due to factual reasons, or
(d) it contravenes law, or if the statutor y 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.
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3. An administrative decree may be nullified by the administrative agency that issued it.
If a complaint or lawsuit was filed against th e 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 administra tive 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 w ill 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 balanc ing 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.
6. An administrative decree shall be declar ed null and void in accordance with the
procedures for the adoption of an administrative decree.

Article 61. The invalidation of an administrative decree

1. The administrative agency that issued an administrative decree may declare it invalid.
2. An administrative agency may not invalid ate the empowering administrative decree
that was issued in compliance with law, except when:
(a) the invalidation is expressl y 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 perf orm the obligation prescribed by the
administrative decree, which may constitu te the ground for declaring the decree
invalid,
(d) the respective normative act was revoke d or amended, thus depriving the
administrative agency of possibility to i ssue 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 administrativ e agency of possibility to issue the
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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 thi
s Article an
interested party, which suffered harm, may s eek 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 determin ed on the basis of the balance of private
and public interests by the administra tive 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 admini strative decree may not result in the elimination of the
legal consequences that developed be fore the invalidation of the decree.

Article 62. The nullification or invalidation of a part of an administrative 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.

Article 63. The amendment of an administrative 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.

Article 64. The right to retrieve a document

After the nullification or i nvalidation of an administra tive decree, the respective
administrative agency may retrieve from a person any document, which was provided to
him on the basis of the administrative d ecree, or which certifies any right.

CHAPTER 5
ADMINISTRATIVE CONTRACT

Article 65. The right of an administrative agency to enter into an administrative
contract

1. In private legal relations an administrative agency shall act as the subjects of Civil
Law.
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2. Whenever an administrative agency enters into an administrative contract, the
respective norms of the Civil Code and a dditional requirements under this Chapter
shall apply.

Article 66. Special requirements for an administrative contract

1. In civil relations an administrative agen cy 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 viol ate human rights and freedoms set forth in
Chapter 2 of the Constitution of Georgia.

Article 67. The involvement of a third party in the conclusion of an administrative
contract

1. The administrative contract that restricts the rights of a third party or imposes any
obligation upon him shall take effect only af ter 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 interest s 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.

Article 68. The consent of an other administrative agency

The administrative contract that was conclude d in lieu of issuing an administrative act
shall take effect after receiving the writ ten consent of the respective administrative
agency, as prescribed by law.

Article 69. The form of an administrative contract

Unless otherwise prescribed by law, an administrative contract shall be concluded only in
writing.

Article 70. The nullification of an administrative contract

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.

Article 71. The amendment of an administrative contract

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1. In case of substantial change of circumstances that inflicts harm upon a party to a
contract or upon public intere st, 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.

CHAPTER 6
THE GENERAL PROVISIONS OF ADMINISTRATIVE PROCEEDING.
COMMON ADMINISTRATIVE PROCEEDING

Article 72. The types of administrative proceeding

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 ot her 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.

Article 73. The parties to an 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 territo ry of Abkhazia may be conducted in Abkhazian as well.
4. If the application/statement or any other doc ument presented by an interested party is
not in the state language, the party shall present a notarized translation of the
document within the term define d 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 applica tion/statement of an interested party.

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Article 74. Administrative capability

1. Unless otherwise prescribed by law, the capab ility 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 administ rative agency shall be represented by an
official in charge or the offici al representative of the agency.

Article 75. The party to an administrative proceeding

Pursuant to this Code, the parties to an administrative proceeding shall include:
(a) an applicant,
(b) the administrative agency that is aut horized to render a decision on the matter,
(c) the entity that is authori zed to participate in an administrative proceeding in
compliance with applicable legislation,
(d) another administrative agency, when re quired by applicable legislation, and
(e) an interested party.

Article 76. The commencement of an administrative proceeding

1. The grounds for commencing an admini strative 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 af ter the registration of the application.

Article 77. Filing an application

1. Unless otherwise prescribed by law, an appli cation shall be filed in the administrative
agency that is authorized to solve the ma tter provided in the application and issue an
appropriate administrative act.
2. Unless otherwise prescribed by law or appl icable regulation, the procedures for
presenting an application and attached docum ents or any other information shall be
defined by the provision/regulati on of the administrative agency.

Article 78. The content of an application

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 sh all 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 issu ing the administrative act sought by the
applicant.
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Article 79. The registration of an application

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 app licant, an administrative agency shall immediately send
(provide) to the applicant confirmation of the registration of his application.

Article 80. Referring an application to an applicable administrative body

1. If solution of the matter set forth in the a pplication falls within the jurisdiction of
another administrative agency, an administ rative agency shall refer the application
and all attached documents to the applicable administrative agency within five days.
2. Unless otherwise prescribed by law, referri ng 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.
4. 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 w ith 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.

Article 81. The prohibition to establish unlawful requirements

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.

Article 82. The procedures for presenting documents containing commercial or
private secret

An applicant may require the protection of the information containing commercial or
private secret, if he seeks to keep such information secret.

Article 83. Presenting additional info rmation. Ignoring an application

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 admini strative 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 providi ng additional document or information.
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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-tim e extension of the term up to 15 days.
4. Unless otherwise prescribed by law, the elap sing 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.

Article 84. The involvement of another admi nistrative agency in an administrative
proceeding

1. Within three days after finding the application compatible with Article 78, the
administrative agency shall send their copi es to another administrative agency and
public expert, which is authorized by la w 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 pr esent its opinion within two weeks.
3. Unless otherwise prescribed by law, the failu re 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 reso lution of the matters provided therein.

Article 85. The obligation of an administra tive agency to render legal assistance

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.

Article 86. The right to proxy

1. Everyone may interact with an administra tive 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.

Article 87. A proxy in an administrative proceeding

1. If an applicant or other interested part y appoints a proxy, an administrative agency
shall provide the latter with all docum ents needed for the interested party.
2. Unless otherwise prescribed by law, an ad ministrative agency shall refer to a proxy
regarding every issue of administrative proceeding.
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3. An interested party that is represented by another person shall be authorized to attend
all oral hearings.

Article 88. The obligation to appoint a proxy

1. The interested party to an administrativ e 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 Geor gia, 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 st ipulated 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.

Article 89. Mandatory appointment of a proxy by an applicant

1. If an application was file d by more than 25 persons, within the term set by an
administrative agency the signatories sha ll 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 authorit y, the administrative agency shall set a new
term for appointing a new proxy.

Article 90. The appointment of a proxy at the initiative of an administrative agency

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 administra tive agency, the first signatory to their
appeal shall be considered a proxy.

Article 91. Payment of the expenses of an administrative proceeding

A party shall pay the expenses relating to an administrative proceeding, if those were
incurred by him, at his in itiative, or in his favor.

Article 92. The prohibition to participat e in an administrative proceeding

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 in terested party or its proxy;
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(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 siblin gs 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 a pplication for recusation shall be reviewed
pursuant to the procedures prescr ibed by Article 93 of this Code.

Article 93. The application for challenge

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 revi ewed and decision regarding the challenge
or recusation shall be rendered by the o fficial, who acts as a supervisor to the
challenged official. If the latter does not have a superv isor, 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 recusa tion of an entire corporate agency or certain number of
members of a corporate agency, which disabl es the agency to make any decision, or
in case of challenge or recu sation 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 replacem ent, or an independent agency.
6. An interested party to an administrative proceeding shall file the application for
challenge within two days after commencem ent of the administrative proceeding, or
after he became aware of the fact or circumstance that could be invoked as the ground
for challenge.

Article 94. Terms in an administrative proceeding. Restoration of elapsed term

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.
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2. If an interested party is re quired to comply with the fixed term, the latter shall start
elapsing after providing the interested pa rty with an appropriate document or
information, or upon promulgation of this information.
3. Elapsed term shall be restored if an inte rested 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 admini strative agency in writing to restore an
elapsed term not later than 15 days afte r 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 th e 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.

Article 95. The involvement of an interested party in an administrative proceeding

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 ad ministrative 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 pa rticipate in an administrative proceeding
exceeds 50, an administrative agency can o fficially 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 administ rative 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 dela ying the issuance of an admini strative act may substantially
undermine public or private interests, an administrative agency may render the
decision regarding the issuance of the act wi thout complying with Paragraphs 1 and 2
of this Article.

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Article 96. Investigation of th e circumstances of a case

1.
2.
3.
4.
5. During an administrative proceeding, an admi nistrative agency shall investigate all
important case-related circ umstances and render the decision through the evaluation
and comparison of those circumstances.
The issuance of an administrative act ma y not be based upon the circumstance or fact
that were not investigated by an administrative agency pursuant to applicable
procedure.
An administrative agency may not deny th e application or request/motion regarding
the matter that falls within its jurisdicti on, without an advance investigation, on the
ground that the application or request is not reasoned.
An interested party shall cooperate with an administrative agency during the
administrative proceeding, as prescribed by law.
An interested party shall appear in an administrative agency and provide an
explanation only when expr essly required by law.

Article 97. The examination of eviden ce during an administrative proceeding

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 co llect, inspect, and evaluate evidence.
2. A witness or expert shall provide an admi nistrative agency with explanation only in
cases expressly prescribed by law. Explanat ion shall be sought pursuant to the Civil
Procedure Code of Georgia.

Article 98. The right of an interes ted party to present his opinion

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.

Article 99. The right to access the materi als of an administrative proceeding

1. An interested party to an administrative proceeding may access the materials of an
administrative proceeding, except for interdep artmental documents that are directly
related to the preparation of an administrative act.
2. When the interest to access a particular doc ument overweighs the interest to protect a
secret, an interested person may access mate rials containing state, commercial, or
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personal secret in cases prescribed by the law and pursuant to applicable court
decision.
3. An interested party may access the material s 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 base d 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 ev ents 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.

Article 100. Decision-making

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 admini strative 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 require s 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.

Article 101. The submission of opinion by an applicant upon the denial to issue an
administrative act

1. Before issuing the administrative act de nying to comply with an application, the
administrative agency shall enable the a pplicant to present his opinion regarding
arguments against th e 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 presente d his opinion regarding above-referenced
circumstances, or in urgent cases when dela y in the issuance of an administrative act
may substantially undermine public interest. In such cases the administrative agency
shall refer to the urgent circumstances.
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Article 102. The procedure for the repeated submission of an application regarding
the same matter

1. The application regarding the matter, about which an administrative agency already
issued an administrative act de nying an application or complaint, may be filed only if
the factual or legal condition that constitu ted 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 th e 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 gr ound for denying the application.

CHAPTER 7
ADMINISTRATIVE PROCEEDING IN A
CORPORATE ADMINISTRATIVE AGENCY

Article 103. The procedures for administrative proceeding in a corporate
administrative agency

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 provisi ons prescribed by this Chapter.
2. Unless otherwise prescribed by law or appli cable 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 o fficial of a corporate administrative agency to
refer the application to an appropriate ad ministrative agency or return it to the
applicant, if the matters addressed by the a pplication do not fall within the jurisdiction
of the corporate administrative agency.

Article 104. The procedures for conducti ng the session of a corporate agency

1. The session of a corporate administrative ag ency shall be opened and closed by the
head of the agency. During his absence, th e 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.

Article 105. Quorum

1. All members of a corporate administrative agency shall be invited to its session.
2. A corporate administrative agency may rende r a decision if its session is attended by
more than half of its members, but not less than three members.
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3. The decision of a corporate administrative agency shall be deemed valid if it was
upheld by more than a half of attending me mbers, except as otherwise prescribed by
law.

Article 106. The minutes of the session of a corporate administrative agency

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.

CHAPTER 8
FORMAL ADMINISTRATIVE PROCEEDING

Article 107. The issuance of an administrati ve act through a formal administrative
proceeding

1. An administrative act may be issued t hough 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.

Article 108. The involvement of an interes ted party in a formal administrative
proceeding

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 circum stances of the proceeding.

Article 109. Witnesses and experts in a formal administrative proceeding

1. In a formal administrative proceeding a w itness shall testify and an expert shall
provide his evidence.
2. A court shall render a decisi on regarding the legality of the denial to provide
testimony or expert evidence.
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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 interro gation of a witness or expert, ask them
questions, gain access to the written eviden ce 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.

Article 110. Oral hearing

1. The decision of an administrative agency shall be based only upon an oral hearing.
2. Interested parties shall be notified of an or al 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 wit hout the participation of interested parties, except as
prescribed by law.
4. If the number of interested parties exceed s 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 ma tter 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.

Article 111. The procedures for conducting an oral hearing

1. The sessions of an oral hear ing shall be public. The chai rperson 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 sh all enable any attending interested party
to express his opinion regarding the case.
5. An interested party may submit a motion regarding the investig ation of important
case-related circumstances.
6. The chairman of a session shall ensure ma intenance 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 part icipation of the dismissed person.

Article 112. The minutes of the session of an oral hearing

1. Minutes shall be produced during the session of an oral hearing.
2. The minutes of the session shall include:
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(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 chai rperson of the session, inte rested party, expert, and
witness participating in the oral hearing,
(e) the subject matter of the hearing and th e 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 re sults 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 remark s, it shall certify that such remarks are
relevant. If the agency disagrees, it sha ll issue an administrative act rebutting the
remarks.

Article 113. The issuance of an administrative act

1. If law prescribes no other term, an administra tive act shall be issued within five days
after the commencement of an oral hearing.
2. An interested party shall be provided w ith an administrative act pursuant to the
procedures prescribed by this Code.

Article 114. Formal administrative proceeding by a corporate agency

1. If a formal administrative proceeding is conducted in a corporate agency, all members
of the agency may ask questions rega rding 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.

CHAPTER 9
PUBLIC ADMINISTRATIVE PROCEEDING

Article 115. The issuance of an administra tive act through a public administrative
proceeding

1. An administrative act shall be issued accord ing to the procedures prescribed by this
Chapter only when expressly required by law.
2. The procedures set forth in this chap ter shall apply to the issuance of an
administrative act relating to the use of state or municipal property, licensing,
issuance of permits relati ng to the protection of environment and construction,
standardization, and allocation of telecommunication frequencies.
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3. An administrative act may also be is sued on the basis of a decision of an
administrative agency, pursuant to the proced ures 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 ad ministrative agency with the co nsent of (an official of) a
higher administrative agency. If an admini strative agency is not subordinated to a
higher administrative agency, the deci sion to commence a public administrative
proceeding shall be rendered by the au thorized 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.

Article 116. Publishing of the notice regarding submission of document for public
access

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 administ rative agency where the administrative
proceeding is held. If materials of th e 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.

Article 117. The list of the documents to be presented for public access

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 pro ceeding is conducted. In cases prescribed
by law or on the basis on the reasoned d ecision of the administrative agency, the
documents of the public administrative proceeding may be presented for public
access in another administrative agen cy upon the consent of the latter.
3. Everyone may obtain copies of the docu ments presented for public access.

Article 118. The procedures for presenting a private opinion

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 administra tive act for public access.
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2. A person may present a private opinion anonym ously. 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 opi nions presented by persons to respective
administrative agencies and public expert wi thin one day after the registration of the
opinions.

Article 119. The drafting and submission of an administrative act for public access

1. If no other term is prescribed by law or applicable regulation, an administrative
agency shall draft an administrative act with in one month from the registration of the
application.

Article 120. Oral hearing. The issu ance of an administrative act

1. An oral hearing shall be conducted duri ng 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 fo r the postponement of the term for issuing
an administrative act, the administrative ag ency shall make an advance announcement
about the postponement of the term.

Article 121. The promulgation of an administrative act

The administrative act that was issued through public administrative proceeding shall be
promulgated.

CHAPTER 10
[ Removed on September 9, 1999, under the Law of Georgia No. 2372-IS ]

CHAPTER 11
THE PROCEDURES FOR THE ISSUANCE OF AN ADMINISTRATIVE ACT
BY AN INDEPENDENT AGENCY

Article 158. The obligation of an independent agency to issue an administrative act

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 privatiza tion of the State (municipal) property
(enterprise), if its price exceeds100,000 laris,
(c) rendering the decision regarding the distribution of telecommunication
frequencies.
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2. Law may require an independent agency to issue other types of administrative acts as
well.
3. An independent agency shall issue an ad ministrative 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.

Article 159. The establishmen t of an independent agency

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.

Article 160. The establishment of an i ndependent agency by the President of
Georgia

The President of Georgia may establish an in dependent agency to solve an administrative
complaint.

Article 161. The inadmiss ibility of filing 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.

CHAPTER 12
THE ENFORCEMENT OF AN ADMINISTRATIVE ACT

Article 162. The agency authorized to enforce an administrative act

1. Unless otherwise prescribed by law, an ad ministrative act shall be enforced by the
administrative agency that issued the act.
2. Upon the assignment of the issu ing 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 administ rative agencies under Chapter 2 of this
Code.
3. Unless otherwise prescribed by law or applicab le 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 fo r 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.

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Article 163. The procedures for en forcing an administrative act

1. The administrative agency (official) responsible for the enfo rcement 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).

Article 164. The obligation to fulfill the requirements of an authorized
administrative agency

1. Every person shall fulfill the lawful requi rements of an authorized administrative
agency (official) related to the en forcement of an administrative act.
2. Unless otherwise prescribed by law or appli cable regulation, a person may refuse to
fulfill the requirement related to the enfo rcement, 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.

Article 165. The decision on ensuring the enforcement

1. An administrative agency (official) may perf orm any lawful action in regard to other
person for the purpose of enforcing an ad ministrative 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 ther eon within 10 days. The decision on ensuring the
enforcement shall be in writing and sha ll 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 sh all 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 enforcem ent, an administrative act regarding the
application of another m easure 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.

Article 166. Administrative proceeding re garding the issuance of the decision on
ensuring the enforcement

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.
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2. In urgent cases, when state or public security and health or life of a person is
undermined, or if the offense cannot be ot herwise prevented, the decision on ensuring
the enforcement may be issued orally.
3. The decision on ensuring the enforcement sha ll be issued in writing within three days
after taking applicable measure for the enfo rcement, as prescribed by Chapter 4 of
this Code.

Article 167. The term for voluntary comp liance with an administrative act

1. The person, in regard to whom the measur e for ensuring the enforcement is taken,
shall be granted a certain term for volunt ary compliance with the administrative act.
2. The administrative agency shall clearly determine actions that the person shall
perform for the purpose of enfo rcing the administrative act.
3. The person may fulfill his obligation in a manne r that is the most convenient to him.
4. The measure for ensuring the enforcement ma y 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.

Article 168. Reimbursement of the expenses related to enforcement

1. Unless otherwise prescribed by the law or a pplicable 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 ad ministrative act, the expenses related to
the enforcement shall be covered by th e 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.

Article 169. The measure for ensuring enforcement

1. After the expiration of the term for voluntar ily 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.
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4. The enforcement of an administrative act shall immediately result in discontinuing
the application of the measure for ensuring the enforcement.

Article 170. Assigning another person to th e enforcement of an administrative act

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 legislativ e acts of Georgia.
2. An administrative agency shall recover cost s of enforcement of an administrative act
from a respective natural or artificial person.

Article 171. Ensuring the enforcement through a fine

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 dete rmined 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 ex ceed 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 fi ne shall total 5 laris.
7. The amount of a fine shall be transferred to the state or territorial unit budget.

Article 172. Direct coercion

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 t hose measures of direct coercion that are
prescribed by law or applicable regulation.

Article 173. The enforcement in regard to local self-government and government
agencies

The provisions of this Chapter regarding the enforcement of an administrative act shall
not apply to local self-gover nment or government agencies.

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Article 174. The enforcement of an administ rative act during the state of emergency
or martial law

Law may prescribe the rules different from this Code for the state of emergency or
martial law, or in regard to the enforc ement of an administrative act by police.

Article 175. Special procedure for enforcing an administrative act in regard to the
recovery of funds

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 refuse s 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 w ill 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.

Article 176. Filing a complaint against the decision on ensuring the enforcement

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 administra tive act that is to be enforced, the
complaint shall be filed only together with the respective administrative act.

CHAPTER 13
THE ADMINISTRATIVE PROCEEDING IN REGARD TO
AN ADMINISTRATIVE COMPLAINT

Article 177. The right to file a complaint against an administrative decree

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, whic h is not related to the issuance of an
administrative decree, shall be appealed under this chapter.
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4. No decision of an administrative agency re lating to administrative proceeding may be
appealed separately, except as expressly prescribed by law or when the decision
contravenes the rights or lawf ul interests of a person independently of the respective
administrative decree.

Article 178. The administrative agency competent to review an administrative
complaint

1. Unless otherwise prescribed by law or appl icable regulation, an administrative
complaint shall be reviewed and resolved by the administrative agency that issued the
administrative decree, if there is a highe r official who directs the official or
subdivision that issued th e administrative decree.
2. A complaint filed with regard to an admini strative decree issued by the chief official
of an administrative agency shall be revi ewed 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.

Article 179. Administrative complaint

1. An administrative proceedi ng 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.

Article 180. The term for filing an administrative complaint

1. Unless otherwise prescribed by law, an admi nistrative 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 admini strative agency may be filed within one
month after the interested pa rty became aware of such act ion or of desisting from
such action.
3. An administrative agency may not define th e term for filing a complaint if it fails to
issue an administrative d ecree with the fixed term.
4. In case of failure to file an administrativ e complaint within the fixed term, the term
shall be extended if the failure occurred due to force-major or other reasonable
excuse.

Article 181. The content of an administrative complaint

1. An administrative complaint shall include the following information:
(a) the title of the administrative agen cy where the complaint is filed,
(b) the identity and address of the complainant,
(c) the title of the administrative agency w hose administrative decree or action is
subject to complaint,
(d) the title of the administrative decree subject to complaint,
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(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.

Article 182. The refusal to accept or review an administrative complaint

1. An administrative agency may not revi ew 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 defenda nt admitted it, or the parties reached an
agreement on the claim,
(b) the case regarding the same claim, invol ving the same parties, and based on the
same ground is in a court, or
(c) the same or a higher administrative ag ency 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 sha ll enable the complainant to present his
opinion regarding the matter. The admini strative agency shall render a decision
regarding acceptance or reje ction of the administrative complaint within 5 days.

Article 183. The term for reviewing an administrative complaint

1. Unless otherwise prescribed by law or applicable regulation, an authoriz
ed
administrative agency shall review an admi nistrative complaint and render a decision
within a month.
2. In cases prescribed by applicable legi slation, when detection of substantial
circumstances for the case requires the term longer than that prescribed for reviewing
an administrative complaint, an administrativ e agency shall be authorized to render a
reasoned decision to extend the term for re viewing an administrative complaint.
3. An administrative agency shall render the de cision stipulated by Paragraph 2 of this
Article no later than ten da ys after the commencement of administrative proceeding
and shall inform the complainant.
4. Unless otherwise prescribed by law or appli cable administrative decree, the term for
reviewing an administrative complaint may be extended for not more than one month.

Article 184. The suspension of an administrative legal act upon filing an
administrative complaint

1. Unless otherwise prescribed by law or applicab le regulation, the act that is subject to
complaint shall be suspended upon the regist ration 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,
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(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 Ar ticle regarding the extension of the term
of an administrative decree shall be rendere d by the administrative agency that issued
the decree, or by a higher administrative agency.
4. A complaint against the decision of an admi nistrative agency stipulated by Paragraph
3 of this Article shall be f iled 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.

Article 185. The procedure for reviewi ng an administrative complaint

Unless otherwise prescribed by this Chapter, the provisions under Chapter 6 of this Code
apply to the administrative proceeding rela ted to an administrative complaint.

Article 186. The review and resolution of an administrative complaint by a
corporate administrative agency

The procedures prescribed by Chapter 7 of th is Code apply to the review and resolution
of an administrative complaint by a corporate administrative agency.

Article 187. Inadmissibility of involvement in the revie w of an administrative
complaint

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.

Article 188. The right to amend or nullify an administrative decree

1. Filing of an administrative complaint may not restrict the right of an administrative
agency that issued the admi nistrative decree to amend, inva lidate or nullify the decree
in compliance with the proce dure 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.

Article 189. The obligation to i ssue an administrative decree

1. If an administrative complaint is filed in regard to the failure to issue an
administrative decree within the fixed te rm, the filing of the complaint may not
interfere with the obligation of an administ rative agency to issue an administrative
decree, except as prescribed by law.
2. Unless otherwise prescribed by law, the i ssuance 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.
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Article 190. Resumption of administrative proceeding upon the amendment or
revocation of an administrative decree

If the administrative agency that issued th e administrative decree subject to complaint
amends or revokes the decree, the review of the administrative complaint shall be
continued if an interested part y seeks to nullify the decree.

Article 191. The abandonment of an administrative complaint

1. The person who filed an administrative co mplaint 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 part y may abandon a complaint orally as well.
3. The abandonment of an administrative comp laint may not suspend its review if the
failure to review the admini strative complaint may undermine state or public interests
or inflict substantial harm.

Article 192. The right of an administrative agency to admit an administrative
complaint

1. The administrative agency that issued the administrative decree subject to complaint
may admit the complaint if it compli es 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.

Article 193. The volume of the admini strative proceeding related to an
administrative 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 th e agency may review a complaint beyond the
scope of the claim.
2. If the administrative agency reviewing th e 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 rega rd 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.

Article 194. The participation of an in terested party in the administrative
proceeding in regard to an administrative complaint

1. An administrative agency shall enable th e interested party participating in the
administrative proceeding to present his opinion.
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2. An administrative agency shall serve wr itten notice about the commencement of the
proceeding to all persons who previously participated in the administrative
proceeding in regard to the issuance of th e administrative decree. The agency shall
also ensure their participation in the proceeding.
3. Unless otherwise prescribed by law or appl icable 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.

Article 195. The participation of the ad ministrative agency that issued the
administrative decree in the administrative proceeding in regard to an
administrative complaint

1. The administrative agency reviewing an ad ministrative complaint shall within five
days send a copy of the complaint and a ttached 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 material s of the proceeding and its written opinion
regarding the complaint to the administrative agency reviewing the complaint. The
above-referenced documents shall be provide d within five days after receiving the
administrative complaint.
3. Unless otherwise prescribed by law, the ad ministrative 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 ag ency that reviews the complaint.

Article 196. The submission of addition al information by interested parties

1. Unless otherwise prescribed by law, the co mplainant and another interested party
shall present their opinion and other additi onal 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.

Article 197. Access to the materials of an administrative proceeding

Parties to an administrative proceeding shall be granted access to the documents of the
proceeding pursuant to Article 99 of this Code.

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Article 198. The procedures for conducting an oral hearing

1. An oral hearing shall be conducted in accord ance 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 di sclosure of state, commercial, or private
secret, or if substantial ca se-related circumstances cannot be otherwise discovered.
3. An administrative agency shall render a reasoned decision regarding the matter
stipulated by Paragraph 2 of this Articl e upon the request of an interested party.
4. Unless otherwise prescribed by law or appli cable regulation, the session of an oral
hearing shall be open.
5. The session of an oral hearing shall be ope n if an administrative complaint is filed
against the administrative decree that is based on public administrative proceeding.

Article 199. The review and resolution of an administrative complaint without an
oral hearing

1. An administrative agency may review and resolve an administrative complaint
without an oral hearing, if:
(a) it invokes the grounds for de nying the complaint, or
(b) all interested parties to the proceedi ng agree on hearing the case without oral
hearing.
2. An administrative agency shall provide th e grounds for not conducting oral hearing in
the administrative decree issued in regard to the complaint.

Article 200. The submission of opinion by an interested party to the case after an
oral hearing

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.

Article 201. The decision of an administrative agency regarding the review of an
administrative complaint

1. After the review of an administrative co mplaint 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 additiona l materials to the case, the administrative
agency shall postpone the review and serve notice to the parties.
3. The administrative agency shall examine th e expediency of the proceeding-related
administrative decree.
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4. The administrative agency reviewing an administrative complaint shall examine
whether the decree complies with the statut ory requirement for granting any right or
preference to the complainant.

Article 202. The issuance of an administrati ve decree in regard to an administrative
complaint

The decision of an administrative agency regarding the review of an administrative
complaint shall constitute an administrativ e act and shall meet the requirements for
administrative acts as prescribed by this Code.

Article 203. The amendment, nullification or invalidation of the administrative act
subject to complaint. The issuan ce of a new administrative decree

1. An administrative agency may amend, revoke or invalidate the administrative act
subject to complaint.
2. An administrative agency may not ame nd, 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 complain t 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 ma y order the agency that issued the
nullified or invalidated decree to issue a ne w administrative decree. The instructions
included in such decision shall be manda tory for the lower administrative agency.
5. The administrative agency reviewing an ad ministrative complaint may not issue an
administrative decree, if the power to issu e 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 nul lification or invalidation of the decree the
agency shall order an appropriate administ rative agency to issue a new administrative
decree.

Article 204. The expenses of the administrative proceeding based on an
administrative complaint

1. No state duty or tax shall be imposed for the review of an administrative complaint.
2. Each party shall pay costs that it incurre d 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 pro ceeding for attorney costs or fees paid to
its representative, only if the party is insolvent.
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CHAPTER 14
THE LIABILITY OF AN ADMINISTRATIVE AGENCY

Article 207. The application of the Civil Code of Georgia in redressing the damage
inflicted by an administrative agency

Unless otherwise prescribed by this Code, the damage inflicted by an administrative
agency shall be redressed in accordance with th e procedures prescribed by the Civil Code
of Georgia.

Article 208. The special procedures for th e liability of a state or local self-
government (government) agency

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-governme nt (government) agency, the liability for the damage
inflicted in the course of such activity shall be imposed upon those agencies.

Article 209. The liability of a state or lo cal self-government (government) agency for
the damage inflicted by a lawful administrative decree

1.
2. 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.
The scope of redressing the damage shall be defined on the basis of the estimation of
public and private interests.

CHAPTER 15
THE ADMINISTRATIVE PR OCEEDING RELATED TO
THE ISSUANCE OF A NORMATIV E ADMINISTRATIVE DECREE

Article 210. The legislation applying to th e issuance of a normative administrative
decree

1. The issuance of a normative administra tive decree shall be regulated by the
Constitution of Georgia, the Law of Georgian on Normative Acts, this Code, and
other applicable legisla tive acts and regulations.
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2. Unless otherwise prescribed by law, a normativ e administrative decree shall be issued
(adopted) in accordance with the procedures prescribed for public administrative
proceeding.

Article 211. The commencement of an admini strative proceeding for the purpose of
issuing a normative administrative decree

1. The administrative proceeding for the purpos e 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 purpos e 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 Para graph 4 of Article 177 of this Code.

Article 212. The drafting of a normative administrative decree

1. Unless otherwise prescribed by law or applicable regulation, a normative
administrative decree shall be drafted by th e administrative agency competent to issue
the decree.
2. Within the scope of its power an ad ministrative 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 administrati ve agency to the drafting of a normative
administrative decree shall be rendered upon the written consent of the agency.

Article 213. The promulgation of a dr aft normative administrative decree

1. A draft normative administrative decree sha ll be promulgated in compliance with the
procedures prescribed by Articles 55 and 56 of this Code.
2. The notice regarding the administrative pr oceeding shall be promulgated together
with the draft normative administrative decree.
3. The notice shall include:
(a) the title of the administrative agency where the proceeding is conducted,
(b) the term for issuing a normativ e administrative decree, and
(c) the term for presenting an opinion.
4. If the draft normative administrative decree is of large volume, the administrative
agency may promulgate only the notice re garding the administrative proceeding. In
such case the notice shall include the tit le and summary of the normative decree.

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Article 214. Referring a draft normativ e administrative decree to respective
administrative agencies

1. A draft normative administrative decree sh all be referred to other administrative
agencies if the latter are competent to re gulate the legal relations stipulated by the
decree or its part, or if law e xpressly prescribes so, or if law requires those agencies to
present their opinion regarding the decree.
2. A draft normative administrative decree shall also be provided to a public expert if
law requires expert evidence.

Article 215. Opinions of administrative agencies and expert evidence

1. The administrative agencies or public e xpert who were provided with a draft
normative administrative decree shall present their opinions or evidence regarding the
decree within the term defined by applicable legislation or respective administrative
agency. The term defined by the administrativ e agency may not be less than ten days.
2. The opinion presented by another administrativ e agency shall be reviewed before the
completion of the administrative proceeding and shall be responded in writing.
3. Unless otherwise prescribed by law, the failu re of another administrative agency or
public expert to present the opinion or evid ence within the fixed term may not delay
the issuance of the normativ e administrative decree.
4. No normative administrative decree shall be issued without the opinion of a
respective administrative agency if the opi nion is required by law or applicable
regulation.
5. Unless otherwise prescribed by law, a negati ve opinion may not delay the issuance of
a normative administrative decree.

Article 216. Presenting a private opinion

1. Each person or entity may present an opinion regarding a draft normative
administrative decree.
2. Each opinion regarding a draft normative ad ministrative decree shall be reviewed by
an administrative agency. The latter may not be required to respond the opinions.
3. A person may present his opinion anonymously.
4. An administrative agency shall refer th e opinion presented by a person to other
respective administrative agency or a pub lic expert within one day after the
registration of the opinion.

Article 217. The term for drafting and issuing a normative administrative decree

Unless otherwise prescribed by law or appli cable regulation, the term for drafting and
issuing an administrative decree shall be defined by the decision regarding the
commencement of an administrative proceedi ng related to the issuance of a normative
act.

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CHAPTER 16
TRANSITIONAL PROVISIONS

Article 218. The conditions necessary for the enforcement of this Code

1. In regard to the enforcement of this Code the Ministry of Justice of Georgia shall
draft amendments to respective legi slative acts before November 15, 1999.
2. No empowering administrative act that was issued before the enforcement of this
Code shall be nullified or invalidated if a person performed any action of legal nature
based on this act, except for cases prescrib ed by Subparagraph (b) of Paragraph 1 of
Article 60 and Subparagraphs (a), (b) and (c ) of Paragraph 2 of Article 61 of this
Code.

CHAPTER 17
CONCLUSIVE PROVISIONS

Article 219. The entry into force of this Code

This Code shall enter into force on January 1, 2000.

Article 220. Invalid legislative acts

The entry into force of this Code shall re sult in the invalidation of the following
legislative acts:
(a) The Law of Georgia on the Procedures for Reviewing Applications, Complaints and
Appeals in State Agencies, Enterprises, Inst itutions, and Organizations (regardless of
their organizational and lega l status), December 24, 1993.

Edward Shevardnadze
The President of Georgia

Tbilisi, June 25, 1999. No. 2181-IIR

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