Individuals and legal entities, that have been fined for violating the rules established by the country's state of emergency situation, will be able to appeal the report to the court within 10 days after making a decision on lifting the state of emergency. For now, the established deadlines for filing an administrative complaint and afterwards reviewing are suspended, and it is a matter of principle, that our citizens and legal entities are aware of that fact - the organization "Young Barrister's" senior Lawyer, Nika Gogberashvili makes an explanation about the mentioned issue.

Based on Nika Gogberashvili's explanation, addressing to the court is a fundamental right for everyone, and in our case, the merits of the administrative complaint will be checked and the court is entitled to in-detailed way examine each case of the violation, in order to verify the legality of the administrative act and the lawfulness of its publication. As it is known, President of Georgia issued a decree on March 21, 2020, about the measures to be taken with regard to declaring a state of emergency on the whole territory of Georgia. According to the decree, On March 23, 2020 decision #181 was issued by the Government of Georgia about the affirmative measures for preventing the spread of new coronavirus in Georgia. All individuals and legal entities are obliged to obey the state of emergency regime. The violation of the decree and Government's decisions will result in the administrative liability - a fine of 3,000 GEL for individuals and 15,000 GEL for legal entities. The case of repeating the same act by an administratively punished person carries criminal liability. In particular, the imprisonment for a term up to 3 years and for the legal entities - fine, deprivation of the right to operate and/or a cumulative sanction.

According to the Government of Georgia's decision, certain restrictions have been applied on the whole territory of Georgia for the state of emergency situation's duration. In particular, on the constitutional rights of Freedom of movement, Freedom of assembly and manifestation, as well as, the public gathering and economic freedom. Therefore, there was determined the scopes of responsibility for the violation of this decision. Acting differently rather then the rules established by the above mentioned decision, is considered to be as an administrative offense and thereby, the Administrative Offences Code of Georgia will be applied on it. Due to the fact, that violating the state of emergency is considered as an administrative offense, the deadlines for appealing the individual administrative act must be established by the Administrative Offences Code of Georgia. Based on the Article 273, An order issued in an administrative case, as also an order issued after hearing an administrative case at the scene according to the procedure defined by this Code, may be appealed within 10 days after it is issued. But, with regard to the deadline for appeals, a different regulation was established by the Government of Georgia's N181 resolution. In particular, the time for subjecting the administrative complaint and reviewing it is suspended. Its true, that the given norm doesn't determine the length of the suspension, but based on the given state of emergency situation in the country, it is assumed, that any temporary regulation depends on its validity. Therefore, the individuals and legal entities, that were fined for violating the state of emergency regime, will be able to appeal the individual administrative act starting from 22 April, 10 days within the end of state of emergency, in case of not having additional decision on the extension of the state of emergency in the county - Nika Gogberashvili explains.

According to him, it is necessary to provide the society with complete information on the rules of appeal.  Based on the Article 272, the order of an agency (official), also the decision imposing an administrative fine and issued after hearing an administrative case at the scene, may be appealed to a superior body (superior official) or to the district (city) court. An appeal shall be filed with the agency (official) that issued the order in the administrative case, unless otherwise provided for by the legislation of Georgia. An appeal may be filed with the district (city) court. The last instantion on the administrative liability cases is Court of Appeals, the decision of which is final and immediately enters into force

To note out: Based on the Ministry of Internal Affairs 4 April, 2020 statistic, 421 facts of violating the state of emergency situation were identified by the police.