General Administrative Code of Georgia

General Administrative Code of Georgia

Law of Georgia

General Administrative Code of Georgia

Article 1. Purpose of the Code🔗

1. This Code determines the procedure for the issuance and enforcement of administrative-legal acts by administrative bodies, the consideration of administrative complaints and applications, and the preparation, conclusion and performance of administrative transactions.

2. The purpose of the Code is to ensure the protection of human rights and freedoms, public interests and the rule of law by administrative bodies.

Article 2. Definition of terms🔗

1. The terms used in this Code have the following meaning:

a) administrative body – any state or municipal body/institution, Legal Entity of Public Law (except political and religious associations), as well as any other person which, on the basis of the legislation of Georgia, exercises public-law powers;

b) interested party – any natural or legal person, administrative body, in respect of which an administrative-law act has been issued, as well as whose lawful interest is directly and immediately affected by an administrative-law act or an action of an administrative body;

c) administrative-law act – a legal act issued by an administrative body on the basis of legislation;

d) individual administrative-law act – an individual legal act issued by an administrative body on the basis of administrative legislation, which imposes, changes, terminates or confirms the rights and obligations of a person or a limited circle of persons. A decision taken by an administrative body on refusal to satisfy, for the applicant, a matter within its competence shall also be considered an individual administrative-law act, as well as a document issued or confirmed by an administrative body which may entail legal consequences;

d¹) electronic individual administrative-law act − an individual administrative-law act issued in electronic form using automatic management means, which meets the requirements of the Law of Georgia on Electronic Document and Electronic Trust Services;

e) normative administrative-law act – a legal act issued by an authorised administrative body on the basis of a legislative act, which contains a general rule of conduct of permanent or temporary and repeated application;

f) beneficial administrative-law act – an administrative-law act which grants an interested party any right or benefit;

g) administrative contract – a civil-law contract concluded by an administrative body with a natural or legal person, as well as with another administrative body, for the purpose of exercising public authority;

h) application – a written request submitted in the manner established by this Code by an interested party in obtaining a right through the issuance of an individual administrative-law act;

i) Administrative complaint – a written request submitted by an interested party to an authorized administrative body in accordance with the procedure established by this Code for the purpose of restoring a violated right, concerning the declaration as invalid, amendment, or issuance of a new administrative legal act issued by the same or a subordinate body, or the performance by an administrative body of such an action or refraining from the performance of such an action, which does not imply the issuance of an individual administrative legal act;

j) Administrative proceedings – the activity of an administrative body for the purpose of preparing, issuing and enforcing an administrative legal act, resolving an administrative complaint, as well as preparing, concluding or annulling an administrative contract;

k) Discretionary power – the power that grants an administrative body or an official the freedom, on the basis of the protection of public and private interests, to select the most acceptable decision from several decisions consistent with legislation;

l) Public information – an official document (including a drawing, mock-up, plan, scheme, photograph, electronic information, video and audio recordings), that is, information kept in a public institution, as well as information received, processed, created or sent by a public institution or servant in connection with official activity, as well as information proactively published by a public institution;

m) Secret information – information kept in a public institution, as well as information received, processed, created or sent by a public institution or servant in connection with official activity, which contains personal data, state or commercial secret.

2. Unless otherwise provided by law, the terms given in the first paragraph of this Article may not be given a different meaning by another legal act.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 26 October 2001 No. 1138 - LHG I, No. 33, 10.11.2001, Art. 134

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Law of Georgia of 24 September 2009 No. 1698 - LHG I, No. 29, 12.10.2009, Art. 181

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Law of Georgia of 15 July 2020 No. 6880 – website, 28.07.2020

Law of Georgia of 30 March 2021 No. 419 – website, 13.04.2021

Article 3. Scope of application of the Code🔗

1. The application of this Code shall extend to the activities of State and municipal bodies and institutions, as well as of those persons who, in accordance with this Code, are considered administrative bodies.

2. The application of this Code, except for Chapter III, shall not extend to the activities of the following State bodies:

a) Parliament of Georgia; the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara;

b) advisory bodies of the President of Georgia and of the Government of Georgia;

c) Public Defender of Georgia;

d) bodies of the judicial authority of Georgia;

e) High Council of Justice of Georgia;

f) (removed - 24.06.2025, No. 700);

f¹) (removed - 17.12.2025, No. 1311);

g) of Georgia abroad

diplomatic representations

and

consular

institutions.

3. The application of this Code shall extend to the activities of the bodies referred to in paragraph 2 of this Article and of the officials of these bodies that are related to the exercise of an administrative function.

4. The application of this Code shall not extend to the activities of executive authority bodies that are related to:

a) criminal prosecution of a person for the commission of a crime and criminal proceedings;

b) operative-investigative activities;

c) enforcement of a judgment delivered by a court and having entered into legal force;

c¹) enforcement of acts provided for by the Law of Georgia "On Enforcement Proceedings";

d) decision-making on military matters, as well as on matters of military discipline, if this does not affect the rights and freedoms of a person granted by the Constitution of Georgia;

e) the powers of the President of Georgia to appoint persons to and dismiss persons from the positions provided for by the Constitution of Georgia, as well as the powers defined by subparagraphs "a"–"d", "f" and "h" of paragraph 1 and by paragraph 3 of Article 52, by paragraph 5 of Article 56, by paragraph 3 of Article 57, by paragraphs 1–4 of Article 71 of the Constitution of Georgia and by paragraph 3 of Article 4 of the Constitutional Law of Georgia "On the Autonomous Republic of Adjara";

f) the implementation of international treaties and agreements and the conduct of foreign policy.

5. The application of Chapter III of this Code shall not extend to the activities of executive authority bodies that are related to ongoing legal proceedings and examination of cases before an international arbitration, a foreign or international court until a final decision is delivered by them, and to the participation of the State of Georgia therein. Until a final decision is delivered by a court, information shall be issued in accordance with an international treaty and agreement of Georgia and/or the rules of the courts provided for by this paragraph.

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Law of Georgia of 28 December 2007 No. 5671 - LHG I, No. 1, 03.01.2008, Art. 3

Law of Georgia of 15 July 2008 No. 228 - LHG I, No. 17, 28.07.2008, Art. 143

Law of Georgia of 24 September 2009 No. 1698 - LHG I, No. 29, 12.10.2009, Art. 181

Law of Georgia of 21 July 2010 No. 3511 - LHG I, No. 45, 03.08.2010, Art. 277

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Law of Georgia of 12 June 2012 No. 6439 – website, 22.06.2012

Law of Georgia of 20 September 2013 No. 1263 – website, 08.10.2013

Law of Georgia of 21 July 2018 No. 3280 – website, 09.08.2018

Law of Georgia of 31 October 2018 No. 3619 – website, 21.11.2018

Law of Georgia of 27 December 2018 No. 4242 – website, 29.12.2018

Law of Georgia of 8 May 2019 No. 4591 - website, 08.05.2019

Law of Georgia of 15 July 2020 No. 6880 – website, 28.07.2020

Law of Georgia of 30 December 2021 No. 1321 – website, 13.01.2022

Law of Georgia of 24 June 2025 No. 700 – website, 25.06.2025

Law of Georgia of 17 December 2025 No. 1311 – website, 23.12.2025

Article 4. Equality before the law🔗

1. Everyone is equal before the law and an administrative body.

2. It is inadmissible to restrict the lawful right and freedom, or lawful interest, of any party to an administrative-law relationship, or to hinder their exercise, as well as to grant them any advantage not provided for by legislation or to take any discriminatory measures against any party.

3. In cases of identical circumstances of a case, it is inadmissible to adopt a different decision in respect of different persons, except where a ground provided for by law exists.

Article 5. Exercise of powers on the basis of law🔗

1. An administrative body has no right to perform any action contrary to the requirements of legislation.

2. The issuance by an administrative body of an administrative-law act or another type of action which results in the restriction of the rights or freedoms conferred on a person by the Constitution of Georgia shall be permitted only in accordance with Chapter Two of the Constitution of Georgia, on the basis of a power conferred by law or by a subordinate act issued on its basis.

3. An administrative-law act issued in excess of powers, as well as an action performed by an administrative body, has no legal force and shall be declared void.

4. Improper non-performance of official powers or excess of official powers by officials of an administrative body entails the liability established by law.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 6. Rule for the exercise of discretionary authority🔗

1. If an administrative body has been granted discretionary authority to decide any matter, it shall be obliged to exercise this authority within the limits established by law.

2. An administrative body shall be obliged to exercise discretionary authority only for the purpose for which it has been granted this authority.

Article 7. Proportionality of public and private interests🔗

1. When exercising discretionary authority, an administrative-legal act may not be issued if the damage caused to the rights and interests of a person protected by law substantially exceeds the benefit for the attainment of which it was issued.

2. The measures provided for by an administrative-legal act issued in the exercise of discretionary authority may not cause unjustified restriction of the lawful rights and interests of a person.

Article 8. Impartial resolution of a case🔗

1. An administrative body shall be obliged to exercise its authority impartially.

2. An official who has a personal interest, or where there exists another circumstance that will influence the resolution of the case, may not participate in administrative proceedings.

Article 9. Promise of an administrative body🔗

1. A promise of an administrative body is a written document of the administrative body confirming that the given action will be carried out, which may become the basis for the legitimate trust of the interested party.

2. Legitimate trust in a promise of an administrative body may not exist if:

a) it is based on an unlawful promise of the administrative body;

b) due to a change in the relevant normative act, the person no longer meets the established requirements;

c) it is based on an unlawful action of the interested party.

3. An administrative body is entitled to issue a promise regarding the issuance of an administrative-legal act only after the interested parties have submitted their opinions and after the written consent of that administrative body which, in accordance with legislation, is necessary for the issuance of the promised administrative-legal act.

4. The rules established by legislation for appealing an individual administrative-legal act shall apply to a promise issued by an administrative body.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 10. Publicity🔗

1. Everyone has the right to access public information held by an administrative body, as well as to receive a copy thereof, unless this information contains state, professional or commercial secrets or personal data. Issues of issuing and publishing, as public information, the text of a court act adopted as a result of an open court hearing shall be decided in accordance with the Organic Law of Georgia "On Common Courts".

2. The procedure for accessing public information held by an administrative body, as well as for receiving copies thereof, shall be determined by Chapter III of this Code.

3. An administrative body shall be obliged to ensure public consideration of a matter if so provided by law.

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012.

Law of Georgia of 13 June 2023 No. 3131 – website, 27.06.2023.

Article 11. Confidentiality🔗

A public servant participating in administrative proceedings shall not be entitled to disclose or use for non-official purposes confidential information received or created in the course of administrative proceedings. Liability for the disclosure or use of such information shall arise in the manner determined by law. This may not become grounds for refusal to perform the obligation provided for by Article 10 of this Code.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 12. Right to apply to an administrative body🔗

1. Any person has the right to apply to an administrative body for the resolution of a matter falling within the latter's competence which directly and immediately affects the person's rights and legitimate interests.

2. Unless otherwise provided by law, an administrative body shall be obliged to consider an application submitted on a matter falling within its competence and to adopt an appropriate decision.

3. An administrative body shall give priority to the consideration of an application and an administrative complaint relating to a child.

Law of Georgia of 20 September 2019 No. 5011 – website, 27.09.2019.

Law of Georgia of 21 May 2020 No. 5911 – website, 25.05.2020.

Article 13. Right of an interested party to present its own opinion🔗

1. An administrative body has the right to consider and decide a matter only if the interested party whose right or legitimate interest is restricted by an administrative-legal act has been given the opportunity to present its own opinion. An exception shall be established by law.

2. The person referred to in paragraph 1 of this Article shall be notified of the administrative proceedings and his/her participation in the case shall be ensured.

Article 14. Language of administrative proceedings🔗

The language of administrative proceedings shall be Georgian, and in Abkhazia – also Abkhazian.

Article 15. Calculation of time limits🔗

When calculating the time limits specified in this Code, public holidays and days of rest established by the labour legislation of Georgia shall not be counted.

Article 16. Obligation of administrative bodies to provide mutual assistance🔗

1. An administrative body shall, within the scope of its competence and with the means at its disposal, provide the necessary legal assistance on the basis of a corresponding written request of another administrative body.

2. The following shall not be considered legal assistance:

a) performance of any request of a superior or subordinate body;

b) any action the obligation to perform which is imposed on the administrative body by legislation.

Article 17. Condition and scope of legal assistance🔗

An administrative body is entitled to apply to another administrative body with a request to provide legal assistance if:

a) it is unable to perform the action itself for legal or factual reasons;

b) it does not possess sufficient knowledge of the facts necessary for performing the action, while the corresponding administrative body possesses such knowledge;

c) the documents or any other evidence necessary for deciding the matter are held by the corresponding administrative body;

d) the expenses necessary for performing the action by its own means substantially exceed the expenses to be incurred for the provision of legal assistance by another administrative body.

Article 18. Refusal to provide legal assistance🔗

1. An administrative body is entitled not to provide legal assistance if:

a) this exceeds the scope of the powers conferred on it by legislation;

b) the provision of legal assistance harms the interests of the State or a municipality, or the performance of the obligations imposed on the administrative body by law.

2. If an administrative body refuses to provide legal assistance, it shall, within 3 days, notify thereof in writing the administrative body that applied to it with the request.

3. A dispute between administrative bodies concerning the provision of legal assistance shall be resolved by the common superior administrative body, and in the absence thereof – by a court.

4. A claim shall be submitted to the court only after receipt of a written refusal to provide legal assistance from the superior body of the corresponding administrative body.

Law of Georgia of 24 September 2009 No. 1698 - LHG I, No. 29, 12.10.2009, Art. 181

Law of Georgia of 15 July 2020 No. 6880 – website, 28.07.2020.

Article 19. Reimbursement of expenses incurred for legal assistance🔗

1. An administrative body requesting legal assistance shall reimburse the expenses necessary for the provision of legal assistance if they exceed GEL 50.

2. If expenses exceeding the amount indicated in paragraph 1 of this Article are expected, the administrative body shall be notified thereof in advance.

Article 20. Right to official certification of a document🔗

1. An administrative body is entitled to certify copies of administrative acts or other documents issued by it or by its subordinate body, if the content of the original and of the copy correspond to each other.

2. Copies of documents duly certified and issued by an administrative body have official force and confirm identity with the original.

3. A document whose content has been altered or whose integrity has been violated may not be certified.

4. Upon certification of a document, a certification sheet shall be drawn up, which shall contain the following data:

a) the exact title of the document;

b) confirmation of the copy's correspondence to the original;

c) the time and place of certification;

d) the signature of the responsible official, the official seal.

5. Each page of the certified copy shall be stamped with the official seal and shall bear the signature of the responsible official.

6. Certification of an administrative act or other document shall be registered in the administrative body in accordance with the established procedure.

Article 21. Public expert🔗

1. A natural or legal person, as well as scientific-consultative (expert) bodies created by an administrative body in accordance with the procedure established by legislation, shall be considered a public expert. A member of a public expert institution shall also be considered an expert.

2. In a case provided by law, an administrative body shall be obliged to apply to an expert institution or a public expert for an expert opinion.

3. An administrative body shall be obliged to submit to the expert the information necessary for the expert opinion.

4. A public expert shall be obliged to submit his/her opinion within the time limit determined by law or by the administrative body.

5. Unless otherwise provided by law, the missing of a time limit by a public expert may not hinder the issuance of an administrative-legal act.

6. The identity of the expert submitting an opinion on an administrative-legal act shall be indicated in the reasoning of the administrative-legal act, except for the case provided for by paragraph 7 of this Article.

7. The identity of those experts who ensure the evaluation of projects submitted within the framework of a scientific grant and/or innovative project funding competition/competitions is confidential.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 16 June 2017 No. 1046 – website, 27.06.2017

Article 22. Submission of an opinion by a public expert🔗

1. A public expert shall be obliged to perform impartially and in good faith the duty assigned to him/her.

2. A public expert shall be liable for non-performance or improper performance of his/her duty in accordance with the procedure established by legislation.

Article 23. Protection of Confidential Information🔗

A public expert shall be obliged not to disclose confidential information that became known to him in the performance of his duties. This obligation shall remain in force even after the public expert ceases to perform his duties.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 24. Reimbursement of Expenses🔗

A public expert shall be reimbursed for all necessary expenses incurred by him for the performance of his duties. The administrative body shall be notified in advance of the necessity of incurring such expenses.

Article 25. Legal Force of an Expert Opinion🔗

Unless otherwise provided by law, the opinion of a public expert shall not be binding on the administrative body. Refusal to take the expert's opinion into account shall be substantiated.

Article 26. Termination of the Duties of a Public Expert🔗

A public expert shall be released from the performance of his duties before the expiry of the term by the body that took the decision on his appointment, if he:

a) grossly violates the assigned duty;

b) does not meet the requirements set for holding this position;

c) refuses by personal statement to give an opinion.

Article 27. Definition of terms🔗

The terms used in this Chapter have the following meaning for the purposes of this Chapter:

a) public institution – an administrative body, a legal entity of private law funded from state or municipal budget funds, within the scope of such funding;

b) collegial public institution – a public institution whose head or advisory body consists of more than one person and in which decisions are taken or prepared jointly by more than one person;

c) member of a collegial public institution – a public servant who participates with the right to vote in the taking or preparation of a decision by a collegial public institution;

d) official – an official as defined by Article 2 of the Law of Georgia “On Combating Corruption”;

e) sitting – discussion of an issue by the members of an institution for the purpose of taking a decision on behalf of a public institution or preparing that decision;

f) publication – entry of public information into the public registry in accordance with the procedure established by law and ensuring that public information is accessible to the public, as well as proactive publication of information;

g) public database – data systematically collected, processed and stored by a public institution or a public servant;

h) (removed – 25.05.2012, No. 6327);

i) executive privilege – exemption of public institutions and public servants from the obligations provided for by this Chapter;

j) urgent necessity – a danger of violation of legislation or a situation where the functioning of public institutions is under a real threat in a democratic society;

k) proactive publication − placement by a public institution, in accordance with the procedure established by the relevant subordinate normative act, of public information of public interest on electronic resources.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Law of Georgia of 27 October 2015 No. 4355 – website, 11.11.2015

Law of Georgia of 21 December 2016 No. 159 – website, 28.12.2016

Law of Georgia of 15 July 2020 No. 6880 – website, 28.07.2020

Law of Georgia of 30 November 2022 No. 2223 – website, 15.12.2022

Article 27¹. Personal data🔗

The concept of personal data and the relations connected with their protection and processing are regulated by the Law of Georgia “On Personal Data Protection”.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Article 27². Commercial secret🔗

1. Commercial secret – information on a plan, formula, process or means of commercial value, or any other information used for producing, preparing or processing goods or for rendering services, and/or which constitutes novelty or a significant result of technical creativity, as well as other information whose disclosure may harm a person's competitiveness.

2. Information about an administrative body does not constitute a commercial secret.

3. When submitting information, a person shall be obliged to indicate that this information is his/her commercial secret. A public institution shall be obliged, within 10 days, to consider as a commercial secret the information provided for by paragraph 1 of this article, except where the obligation of openness of information is established by law. If, when information is submitted, the public institution does not consider this information a commercial secret, it adopts a decision on its openness, of which it shall immediately notify the relevant person. 15 days after the adoption of the decision, the information becomes open, if the person whose property this information is has not, before the expiry of this period, appealed the decision adopted on the openness of the information to a superior administrative body, and, in accordance with the procedure established by the procedural legislation of Georgia, to a court, of which he/she must immediately notify the public institution.

4. Any person has the right to appeal the issue of considering information a commercial secret to a superior administrative body, and, in accordance with the procedure established by the procedural legislation of Georgia, to a court.

5. A public institution shall be obliged to enter into the public register information on the request of a commercial secret by a third person or a public institution, the date of the request, and the identity and address of the requester.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 28 December 2007 No. 5671 – LHG I, No. 1, 03.01.2008, Art. 3

Article 27³. Professional secret🔗

Professional secret includes information which constitutes another person's personal data or commercial secret and became known to a person in connection with the performance of a professional duty. Information which does not constitute another person's personal data or commercial secret may not be a professional secret.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Article 27⁴. State secret🔗

Information classified as a state secret shall be determined by legislation on state secrets.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Article 28. Access to Public Information🔗

1. Public information is open, except for the cases provided by law and information classified as state, professional or commercial secret or personal data in accordance with the established procedure. The issues of issuing and publishing, as public information, the text of a court act adopted as a result of an open court hearing shall be resolved in accordance with the Organic Law of Georgia "On Common Courts".

2. A public institution shall be obliged to ensure the proactive publication of public information in accordance with the procedure and conditions established by the relevant subordinate normative act.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Law of Georgia of 29 June 2018 No. 2767 – website, 19.07.2018

Law of Georgia of 13 June 2023 No. 3131 – website, 27.06.2023

Article 29. Executive Privilege🔗

The identity of other public servants (except state-political officials) participating in the process of preparation of decisions by an official shall be protected from disclosure by executive privilege.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Article 30. Decision on Classifying Public Information🔗

A decision on classifying public information may be taken if the law imposes a direct requirement for its protection from disclosure, establishes specific criteria for the protection of information from disclosure and contains an exhaustive list of information to be protected as secret.

Article 31. Term of Classifying Public Information🔗

1. Unless otherwise provided by law, professional and commercial information shall be classified for an indefinite period. A commercial secret shall be declared open if it no longer has the value for which it was considered as such.

2. A decision on classifying public information and on extending its term shall be entered in the public register.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Article 32. Publicity of Sittings🔗

Each collegial public institution shall be obliged to conduct its sittings openly and publicly, except for the cases provided by Article 28 of this Code.

Article 33. Procedure for Publishing Secret Information🔗

After the removal of information classified as secret, any reasonably severable part of the secret public information, as well as of the minutes of a closed sitting of a collegial public institution, shall be published. In such a case, when publishing the information, the person who classified the information, the ground for considering the information secret and the term of classification shall be indicated.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Article 34. Session of a collegial public institution🔗

1. A collegial public institution shall be obliged to publicly announce one week in advance the upcoming session, the place, time and agenda of its holding, and upon adoption of the relevant decision – also its closure.

2. In case of urgent necessity, a collegial public institution is entitled to hold a session without observing the rules provided for by paragraph 1 of this Article. In this case, the public institution shall be obliged to immediately announce the place, time and agenda of the session, and upon adoption of the relevant decision – also its closure.

3. In the case of holding a session in urgent necessity or of closing a session by a collegial public institution, the institution shall be obliged, within 3 days of the adoption of the decision, to explain the procedure for appealing the decision adopted at the session. The collegial public institution shall enter into the register the results of the nominal vote held for adopting the decision on closing the session, as well as the data of the session minutes, in the manner provided for by Article 33.

4. A claim regarding the lawfulness of a session held in urgent necessity, as well as of the closing of a session, shall be submitted to the court within one month of the holding of the session of the collegial public institution. The holding of a session of a collegial public institution in violation of the procedure established by law entails the declaration as void by the court of the decision adopted at that session.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 35. Public register🔗

A public institution shall be obliged to enter the public information existing in this institution into the public register. A reference to public information shall be entered into the public register within 2 days of its receipt, creation, processing or issuance, indicating the name of the public information, the date of receipt, creation, processing, issuance, the name of the natural or legal person, public servant, public institution from which this information was received and/or to which it was sent.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 35¹. Unified automated means of case management🔗

An administrative body is entitled, for the purposes of case management and access to information, to use software and unified automated means of management; to receive, issue or deliver any information and/or document using unified automated means of management, unless another form of receipt of information provided for by this Chapter has been chosen by the interested person. An administrative body is entitled to store and issue, in the form of an electronic copy, any document created by it or kept with it. Data in a document issued or delivered by an administrative body may be entered by mechanical and/or electronic means.

Law of Georgia of 2 March 2012 No. 5747 – website, 15.03.2012

Law of Georgia of 28 June 2017 No. 1109 - website, 10.07.2017

Article 36. Ensuring accessibility of public information🔗

A public institution shall designate a public servant responsible for ensuring accessibility of public information and proactive publication of information.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Article 37. Request for public information🔗

1. Everyone has the right to request public information regardless of its physical form and state of storage and to choose the form of receiving public information, if it exists in various forms, as well as to review the information in the original. If there is a risk of damage to the original, the public institution shall ensure the possibility of reviewing it under supervision or provide a duly certified copy.

2. To receive public information, a person shall submit a written application. It is not necessary to indicate in the application the motive or purpose of the request for public information. When submitting an application regarding a request for another person's commercial secret, the applicant, except in cases provided by law, shall submit the consent of the relevant person certified by a notarial procedure or by an administrative body.

3. Public information may be requested in electronic form, through the electronic resources of the public institution.

4. The standard for requesting public information in electronic form shall be approved by the relevant subordinate normative acts.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Article 37¹. Accessibility for a public institution of personal data and information classified as commercial secret🔗

1. A public institution shall, on the basis of a duly written request, issue to another public institution in the form of a reference the personal data or information classified as commercial secret held by it, which is necessary for the public institution to decide a matter, if it submits the written consent of the person whose personal data or commercial secret the relevant information constitutes.

2. The written consent referred to in the first paragraph of this Article shall be deemed given if the person expresses in an application or any other written document consent that the public institution from which it requests the decision of the matter itself request its personal data or information classified as commercial secret from the relevant public institution.

3. The bodies issuing and requesting another person's personal data or information classified as commercial secret shall maintain the confidentiality of the said data or information.

Law of Georgia of 27 December 2005 No. 2542 - LHG I, No. 1, 04.01.2006, Art. 8

Article 38. Access to copies of public information🔗

A public institution shall ensure access to copies of public information. It shall be inadmissible to establish any kind of fee for the issuance of public information, except for reimbursement of the amount necessary for making a copy.

Article 39. (Removed)🔗

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012.

Article 40. Issuance of public information🔗

1. A public institution shall issue public information, including public information requested in electronic form, immediately or no later than 10 days, if responding to the request for public information requires:

a) search and processing of information from its structural subdivision located in another settlement or from another public institution;

b) search and processing of a significant volume of separate documents unrelated to each other;

c) consultation with its structural subdivision located in another settlement or with another public institution.

2. If a 10-day period is required for the issuance of public information, the public institution shall notify the applicant thereof immediately upon the request.

3. Proactive publication of public information does not release the public institution from the obligation to issue it in accordance with the established procedure in the case of a request for the same or other public information.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012.

Article 41. Refusal to issue public information🔗

1. The refusal of a public institution to issue public information shall be notified to the applicant immediately.

2. In the case of refusal to issue public information, the public institution shall, within 3 days of taking the decision, explain to the person in writing his/her rights and the procedure for appeal, and also indicate the structural subdivision or public institution with which consultation was conducted when taking the decision to refuse to issue the information.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 41¹. Decision on the issuance of or refusal to issue public information🔗

In the case provided for by paragraph 3 of Article 27² of this Code, the public institution shall take a decision on the issuance of or refusal to issue public information upon the expiry of the periods specified in this Article.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 42. Information that may not be classified as secret🔗

Everyone has the right to know:

a) information about the environment, as well as data on the danger threatening their life or health;

b) the main principles and directions of the activity of a public institution;

c) a description of the structure of a public institution, the rules for defining and distributing the functions of servants, as well as the rules for adopting decisions;

d) the identity and official address of those state and public servants of a public institution who hold a position or are charged with classifying public information as secret or with relations with the public and providing information to citizens;

e) the results of an open vote held in a collegial public institution for the purpose of adopting a decision;

f) all information related to the election of a person to an elective position;

g) the results of audit opinions and revisions concerning the activity of a public institution, as well as court materials in cases in which the public institution is a party;

h) the name and location of a public database in the possession of a public institution, as well as the identity and official address of the person responsible for the public database and of the personal data protection officer (if any);

i) the purposes, areas of use and legal basis of the collection, processing, storage and dissemination of data by a public institution;

j) the existence or non-existence of his/her personal data in a public database, as well as the procedure for familiarising himself/herself with them, including the procedure by which the identification of a person will be carried out, if the person (his/her representative) has submitted a request to familiarise himself/herself with data about himself/herself or to amend them;

k) the category of persons who are entitled by law to familiarise themselves with personal data contained in a public database;

l) the composition and sources of data contained in a public database and the category of persons about whom information is collected, processed and stored;

m) all other information which, in the cases provided for by law and in accordance with the established procedure, is not considered a state, commercial or professional secret or does not constitute personal data.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.03.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.06.2012

Law of Georgia No 4355 of 27 October 2015 – website, 11.11.2015

Law of Georgia No 159 of 21 December 2016 – website, 28.12.2016

Law of Georgia No 2767 of 29 June 2018 – website, 19.07.2018

Law of Georgia No 3146 of 14 June 2023 – website, 03.07.2023

Article 43. (Deleted)🔗

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20.03.2001, Art. 8

Law of Georgia No 6327 of 25 May 2012 – website, 12.06.2012

Article 44. Confidentiality of personal data🔗

A public institution shall not disclose a person's personal data without that person's consent, except in cases provided for by law where this is necessary to ensure state or public security, or to protect public interests, health or the rights of others. The personal data of an official, as well as of a candidate nominated for a position, are public. The issues of issuing and publishing, in the form of public information, the text of a court act adopted as a result of an open court hearing shall be resolved in accordance with the Organic Law of Georgia on Common Courts.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Law of Georgia of 29 June 2018 No. 2767 – website, 19.07.2018

Law of Georgia of 13 June 2023 No. 3131 – website, 27.06.2023

Article 45. (repealed)🔗

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Article 46. (repealed)🔗

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Article 47. Annulment or Amendment of a Decision. Compensation for Damage🔗

1. A person shall have the right to apply to a court requesting the annulment or amendment of a decision of a public institution, a state servant or a public servant, and also to request compensation for pecuniary and non-pecuniary damage:

a) in the event of refusal to issue public information, of the full or partial closure of a sitting of a collegial public institution, or of the classification of public information;

b) in the event of the creation and processing of incorrect public information;

c) in the event of violation by a public institution, a state servant or a public servant of other requirements of this Chapter.

2. The burden of proof shall lie with the defendant public institution, state servant or public servant.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Law of Georgia of 27 October 2015 No. 4355 – website, 11.11.2015

Law of Georgia of 21 December 2016 No. 159 – website, 28.12.2016

Article 48. Requesting Classified Information by a Court🔗

A court shall have the right to request and examine classified public information for the purpose of studying the lawfulness of its full or partial classification. Upon a motion of a party to the case, the court shall have the right to conduct this examination at a closed hearing.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Article 49. Submission and Publication of the Report🔗

A public institution shall, on 10 December of each year, submit to the Parliament of Georgia, the President of Georgia and the Prime Minister of Georgia, and also publish in the "Legislative Herald of Georgia", a report:

a) on the number of requests received by the public institution for the issuance of public information and for the introduction of corrections into public information, and on the number of decisions taken on refusal of a request;

b) on the number of decisions taken on the satisfaction of a request or on refusal of a request, the identity of the public servant who took the decision, and also on a decision taken by a collegial public institution on closing its own sitting;

c) on public databases and on the collection, processing, storage and transfer to others of personal data by public institutions;

d) on the number of violations of the requirements of this Code by public servants and on the imposition of disciplinary penalties on the responsible persons;

e) on those legislative acts on which the public institution relied when refusing to issue public information or when closing a sitting of a collegial public institution;

f) on the appeal of a decision taken on refusal to issue public information;

g) on the expenses related to the processing and issuance of information by a public institution, and also to the appeal of a decision taken on refusal to issue public information or of a decision taken on closing a sitting of a collegial public institution, including amounts paid in favour of a party.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Law of Georgia of 20 September 2013 No. 1263 – website, 08.10.2013

Article 50. Openness of Previously Existing Public Information🔗

Public information provided for by Articles 28 and 29 of this Code, except for personal data, commercial and professional secrets, shall be open if it was created, sent or received before 28 October 1990, in a form excluding the identification of the persons mentioned in this information during their lifetime.

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Article 51. Form of an individual administrative-legal act🔗

1. An individual administrative-legal act shall be issued in writing or orally.

2. At the request of the interested party, as well as in the case where an individual administrative-legal act restricts a person's lawful rights and interests, and also in other cases directly provided for by law, an oral individual administrative-legal act shall be issued in writing within 3 days of its adoption.

3. The requirements of Articles 52–58 of this Code shall not apply to an individual administrative-legal act issued orally. The requirements of Articles 54–58 of this Code shall apply to an electronic individual administrative-legal act issued in accordance with the Law of Georgia "On Electronic Documents and Electronic Trust Services", unless otherwise provided by law.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Law of Georgia of 28 June 2017 No. 1109 - website, 10.07.2017

Law of Georgia of 30 March 2021 No. 419 – website, 13.04.2021

Article 52. Requisites of an individual administrative-legal act🔗

1. An individual administrative-legal act shall contain:

a) the type of the individual administrative-legal act;

b) the body issuing the individual administrative-legal act;

c) the title of the individual administrative-legal act;

d) the surname, name and signature of the authorised official;

e) the time and place of issuance;

f) the registration number assigned by the body issuing the individual administrative-legal act.

2. In an individual administrative-legal act issued in written form, the body with which the individual administrative-legal act may be appealed, its address and the time limit for submitting a complaint shall be indicated.

3. The State coat of arms of Georgia shall be depicted on an individual administrative-legal act issued by a state body of Georgia. On an individual administrative-legal act issued by a municipal body, if it has its own coat of arms, the small State coat of arms of Georgia (in the upper left corner from the viewer's perspective) and the coat of arms of the respective municipality (in the upper right corner from the viewer's perspective) shall be depicted, and in the absence of its own coat of arms – only the small State coat of arms of Georgia (in the centre).

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Law of Georgia of 24 September 2009 No. 1698 - LHG I, No. 29, 12.10.2009, Art. 181

Law of Georgia of 20 April 2010 No. 2947 - LHG I, No. 23, 04.05.2010, Art. 126

Law of Georgia of 15 July 2020 No. 6880 – website, 28.07.2020

Article 52¹. Requisites of a normative administrative-legal act🔗

1. Each normative administrative-legal act shall have the following requisites:

a) type of normative act;

b) title of the normative act;

c) date and place of adoption (issuance) of the normative act (if an amendment or addition is made to the normative act, also the date of their introduction);

d) date of entry into force of the normative act and the term of validity of the act (if adopted for a defined term);

e) signature of the authorised official;

f) registration number assigned by the receiving (issuing) body of the normative act, and after entry into the state register of normative acts – also the state registration code.

1¹. A normative administrative-legal act shall meet the requirements established by the Laws of Georgia "On Normative Acts" and "On Electronic Documents and Electronic Trust Services".

2. Normative acts of the highest state bodies (officials) of Georgia shall bear the State Coat of Arms of Georgia, and normative acts of a municipality body – the Small State Coat of Arms of Georgia and the coat of arms of the respective municipality (if any).

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Law of Georgia of 20 April 2010 No. 2947 - LHG I, No. 23, 04.05.2010, Art. 126

Law of Georgia of 28 June 2017 No. 1109 - website, 10.07.2017

Law of Georgia of 15 July 2020 No. 6880 – website, 28.07.2020

Article 53. Reasoning of an administrative-legal act🔗

1. An individual administrative-legal act issued in written form shall contain written reasoning.

2. The reasoning precedes the operative part of the administrative-legal act.

3. The administrative-legal act shall indicate the legislative or sub-legislative normative act, or the corresponding norm thereof, on the basis of which this administrative-legal act was issued. The administrative-legal act may also indicate the norms of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols, as well as the precedents of the European Court of Human Rights on a similar legal issue, which were applied when the decision was taken.

4. If, when issuing the administrative-legal act, the administrative body acted within the scope of its discretionary powers, the written reasoning shall indicate all those factual circumstances that were of substantive importance when the administrative-legal act was issued.

5. The administrative body is not entitled to base its decision on those circumstances, facts, evidence or arguments that were not examined and studied during the administrative proceedings.

6. If, for the issuance of an administrative-legal act, the legislation provides for the existence of an expert opinion, the written reasoning shall indicate the content of that opinion.

7. An individual administrative-legal act issued in written form does not require reasoning if:

a) it was issued on the basis of a request of the interested party and does not restrict the lawful rights and interests of third parties;

b) the interested party is aware of those factual and legal preconditions on the basis of which this individual administrative-legal act was issued;

c) the law provides for the possibility of issuing it without reasoning.

8. In the case of issuing a written individual administrative-legal act without reasoning due to urgent necessity, the written reasoning shall necessarily be issued within one week from the issuance of the individual administrative-legal act.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Law of Georgia of 18 October 2022 No. 1922 – website, 24.10.2022

Article 54. Entry into force of an individual administrative-legal act🔗

1. Unless otherwise provided by legislation, an individual administrative-legal act shall enter into force upon being made known to the party in accordance with the procedure established by law or on the day of publication.

2. In cases established by law, an individual administrative-legal act may enter into force before publication or official notification, if the delay may cause substantial harm to state or public interests, to the prevention or detection of a crime, as well as to the rights or legitimate interests of a person.

3. An individual administrative-legal act sent to the interested party by post shall enter into force no later than the 7th day after sending, except where the interested party has not received the individual administrative-legal act.

4. In the event of a dispute related to the sending of an individual administrative-legal act, the burden of proof shall be borne by the administrative body.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 55. Publication of an individual administrative-legal act🔗

1. An individual administrative-legal act shall be published in cases provided by law.

2. If an individual administrative-legal act concerns more than 50 persons, its official notification may be replaced by publication. In such a case, the individual administrative-legal act shall be transmitted for notification only to the applicant, and if the application is signed by several persons — to the person whose signature is first in the application.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 56. Procedure for publication of an individual administrative-legal act🔗

1. An individual administrative-legal act shall be published in the official printed organ of the respective administrative body.

2. If an administrative body does not have an official printed organ, the individual administrative-legal act shall be published in a printed organ that is distributed throughout the entire area of activity of the administrative body and is issued at least once a week, or shall be publicly announced.

3. The administrative body shall be obliged to determine in advance the procedure for publication or public announcement of the individual administrative-legal act referred to in paragraph 2 of this article.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 57. Public announcement🔗

Public announcement means the open placement of an individual administrative-legal act in a place accessible to all in the administrative body. If necessary, the individual administrative-legal act shall also be publicly announced in another public place.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 58. Rule of official notification of an individual administrative-legal act🔗

1. Unless otherwise provided by law, official notification of an individual administrative-legal act to an interested party means delivery to that party of the individual administrative-legal act or sending it by post.

2. In the event of non-receipt of an individual administrative-legal act sent by post, the person has the right to receive a copy thereof at the administrative body. No fee shall be charged for the issuance of a copy of the individual administrative-legal act.

Law of Georgia No. 1801 of 24 June 2005 - LHG I, No. 37, 14.07.2005, Art. 245

Article 59. Correction of errors in an individual administrative-legal act🔗

1. The administrative body is entitled to correct technical errors, as well as errors made in calculation, in an individual administrative-legal act issued by it.

2. Making a substantive correction in an individual administrative-legal act means the issuance of a new individual administrative-legal act.

3. The correction of errors shall be published or transmitted for official notification in the same manner as is established for the publication or notification of an individual administrative-legal act.

Law of Georgia No. 1801 of 24 June 2005 - LHG I, No. 37, 14.07.2005, Art. 245

Article 60. Void administrative-legal act🔗

1. An administrative-legal act shall be considered void upon issuance if:

a) it is impossible to determine the body that issued it;

b) it was issued by an unauthorised body or an unauthorised person;

c) its execution is impossible for factual reasons;

d) its execution will result in a criminal or administrative offence.

2. The time limits established by this Code for challenging administrative-legal acts shall not apply to void acts. The body that issued the administrative-legal act shall be obliged, on its own initiative or at the request of an interested party, to recognise the administrative-legal act as void.

Law of Georgia No. 772 of 2 March 2001 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia No. 1801 of 24 June 2005 - LHG I, No. 37, 14.07.2005, Art. 245

Article 60¹. Declaration of an administrative-legal act as invalid🔗

1. An administrative-legal act is invalid if it contradicts the law or if other requirements established by legislation for its preparation or issuance are substantially violated.

2. A substantial violation of the procedure for the preparation or issuance of an administrative-legal act shall be considered the issuance of an administrative-legal act at a sitting held in violation of the procedure provided for by Article 32 or Article 34 of this Code, or in violation of the type of administrative proceedings provided for by law, or such a violation of law that, had it not existed, a different decision would have been taken on the given matter.

3. An administrative-legal act shall be declared invalid by the administrative body that issued it, and in the case of a complaint or an action — by a superior administrative body or a court.

4. It is inadmissible to declare an unlawful beneficial administrative-legal act invalid if the interested party has a legitimate expectation in respect of the administrative-legal act, except in cases where the administrative-legal act substantially violates the lawful rights or interests of the state, the public or another person.

5. An interested party's legitimate expectation exists if, on the basis of the administrative-legal act, it performed an act of legal significance and the declaration of the unlawful administrative-legal act as invalid would cause it damage. A legitimate expectation does not exist if it is based on an unlawful act of the interested party.

6. If a beneficial administrative-legal act that violates the lawful rights or lawful interests of the state, the public or another person was declared invalid, in the presence of the circumstance provided for by paragraph 5 of this article, the interested party shall, on the basis of balancing private and public interests, be compensated for the pecuniary damage caused by the declaration of the administrative-legal act as invalid.

7. The administrative body or the court, together with declaring the administrative-legal act invalid, shall determine the legal consequences of the termination of the administrative-legal act. It is possible to determine the termination of the administrative-legal act:

a) from the day of its entry into force;

b) from the day of its declaration as invalid;

c) in the future, by indicating a specific date.

7¹. In the case of declaring invalid an administrative-legal act issued by the National Bank of Georgia within the scope of the exercise of resolution powers on the basis of the Organic Law of Georgia "On the National Bank of Georgia", the court may impose on the National Bank of Georgia only compensation for actually incurred damage. Restoration of the situation existing prior to the declaration of the said act as invalid is inadmissible if such restoration may pose a threat to the stable functioning of the financial sector.

8. An administrative-legal act shall be declared invalid in accordance with the procedure established for the adoption of an administrative-legal act.

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Law of Georgia of 20 December 2019 No. 5661 – website, 31.12.2019

Article 61. Declaration of an administrative-legal act as invalid🔗

1. The administrative body issuing an administrative-legal act shall have the right to declare the administrative-legal act invalid.

2. An administrative body shall not be entitled to declare invalid a beneficial administrative-legal act issued in accordance with law, except where:

a) this is directly provided for in a law or in a subordinate normative act of a superior body issued on its basis;

b) in accordance with legislation, this is directly provided for in the administrative-legal act;

c) the interested party has failed to fulfil an obligation established by the administrative-legal act, the non-fulfilment of which, in accordance with legislation, may become grounds for declaring the administrative-legal act invalid;

d) the relevant normative act has been repealed or amended, which deprives the administrative body of the possibility to issue such an administrative-legal act and the operation of the administrative act may cause significant damage to state or public interests;

e) there is a newly discovered or newly revealed circumstance, as well as a relevant scientific-technical discovery or invention, which deprives the administrative body of the possibility to issue such an administrative-legal act and the operation of the administrative act may cause significant damage to state or public interests.

3. An administrative-legal act shall be declared invalid in accordance with the procedure established for the issuance of an administrative-legal act.

4. In the cases provided for by subparagraphs "d" and "e" of paragraph 2 of this Article, the interested party that has suffered damage shall, upon its request, be compensated if it had grounds for legitimate expectation with respect to the operation of the administrative-legal act. In such a case, paragraph 5 of Article 60 of this Code shall apply.

5. The amount of compensation for damage shall be determined, on the basis of balancing public and private interests, by the administrative body that declared the administrative-legal act invalid.

6. Declaration as invalid means termination of the operation of the administrative-legal act from the day of its declaration as invalid. In the case of declaring an administrative-legal act invalid on the ground provided for by subparagraph "c" of paragraph 2 of this Article, it is possible to determine the annulment of the legal consequences arising from its entry into force.

7. The declaration of an administrative-legal act as invalid shall not entail the annulment of legal consequences arising before the declaration as invalid.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Article 62. Declaration of a part of an administrative-legal act as void or invalid🔗

1. Declaration of a part of an administrative-legal act as void or invalid shall be effected in compliance with the requirements of Articles 60 and 61 of this Code.

2. Declaration of a part of an administrative-legal act as void or invalid shall not entail the declaration of other parts of that administrative-legal act as void or invalid.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Article 63. Amendment and addition to an administrative-legal act🔗

1. The administrative body issuing an administrative-legal act shall be entitled to amend or add to it.

2. An amendment or addition to an administrative-legal act shall be made in accordance with the procedure established for the preparation and issuance of that administrative-legal act.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Article 64. Return of a document🔗

After an individual administrative-legal act has been declared void or invalid, the competent administrative-legal body may require a person to return a document issued on the basis of that individual administrative-legal act and certifying any right.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Article 65. Competence of an administrative body to conclude an administrative contract🔗

1. Unless otherwise provided by law, an administrative-legal relationship may arise, be modified or be terminated by concluding an administrative contract. An administrative body shall be entitled to regulate a specific administrative-legal relationship, the regulation of which by issuing an individual administrative-legal act it is empowered by law to carry out, by concluding an administrative contract.

2. When an administrative body concludes an administrative contract, the norms of this Code and the additional requirements on contracts provided for by the Civil Code of Georgia shall apply.

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Article 65¹. Competence of an administrative body to conclude a private-law contract🔗

1. In private-law relations, an administrative body shall act as a subject of civil law.

2. When an administrative body concludes a civil-law contract, the relevant norms of the Civil Code of Georgia shall apply.

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Article 66. Special requirements to be met by an administrative contract🔗

1. When concluding an administrative contract, an administrative body shall act only within the powers conferred on it by law.

2. An administrative contract concluded by an administrative body shall not contradict the Constitution of Georgia and legislation.

3. It is inadmissible for an administrative contract to violate the human rights and freedoms specified in Chapter Two of the Constitution of Georgia.

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 3714.07.2005, Art. 245

Article 67. Participation of a third party in the conclusion of an administrative contract🔗

1. An administrative contract that restricts the rights of a third party or imposes any obligation on it may enter into force only after the third party has submitted written consent.

2. Before concluding an administrative contract, the administrative body shall notify the third party whose interests it affects.

3. The interested party referred to in paragraphs 1 and 2 of this Article has the right, before the conclusion of the administrative contract, to submit its own opinion.

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Article 68. Consent of another administrative body🔗

An administrative contract concluded instead of issuing an administrative act shall enter into force after the written consent of the administrative body whose consent is necessary, in accordance with legislation, for issuing the relevant administrative-legal act.

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Article 69. Form of an administrative contract🔗

Unless otherwise provided by law, an administrative contract may be concluded only in written form.

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Article 70. Declaration of an administrative contract as invalid🔗

1. The declaration as invalid of a contract concluded by an administrative body is governed by the Civil Code of Georgia.

2. A contract concluded by an administrative body is also void in the case of the declaration as invalid of the administrative-legal act on the basis of which the contract was concluded.

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Article 71. Amendment of an administrative transaction🔗

1. In the event of a material change of circumstances that causes damage to a party or to the public interest, the party is entitled to request the consent of the other party to amend the administrative contract.

2. If the amendment to the contract materially contradicts the content of the contract, the party is entitled to request the cancellation of the contract.

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Article 72. Types of administrative proceedings🔗

1. The types of administrative proceedings are:

a) simple administrative proceedings;

b) formal administrative proceedings;

c) public administrative proceedings.

2. If the law does not provide for the use of another type of administrative proceedings, the administrative body shall prepare an individual administrative-legal act under the simple administrative proceedings procedure.

3. When the administrative body takes a decision in connection with a matter of administrative proceedings (issues an individual administrative-legal act), no separate administrative proceedings shall be initiated, unless otherwise provided by law.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 73. Parties to administrative proceedings🔗

1. A party to administrative proceedings may be an administrative body, a natural or legal person.

2. Administrative proceedings shall be conducted by an authorised administrative body.

3. Administrative proceedings shall be conducted in the Georgian language, and in Abkhazia – also in the Abkhaz language.

4. If the application of an interested party or another document submitted by it is drawn up in a non-state language, the interested party shall be obliged to submit, within the time limit established by the administrative body, a translation of the application or document certified by notarial procedure.

5. If the law establishes a time limit within which the administrative body is obliged to perform a certain action, this time limit shall begin only upon submission of the translation, where such is necessary.

6. If the law defines a time limit within which an interested party is obliged to submit any application or document, this time limit shall be considered met also when the document is submitted in a non-state language.

7. The administrative body is entitled to establish a time limit for the translation of a submitted document, which may not be less than three days. Failure to meet this time limit may become grounds for refusing to consider the application of the interested party.

Article 74. Administrative capacity🔗

1. Unless otherwise provided by law, Articles 12-16 of the Civil Code of Georgia shall apply to the capacity of a person participating in administrative proceedings.

2. In administrative proceedings, the administrative body shall be represented by the responsible official or his/her official representative.

Article 75. Participant of administrative proceedings🔗

1. In accordance with the procedure established by this Code, the right to participate in administrative proceedings shall be vested in:

a) the applicant;

b) an administrative body that is authorised to adopt a decision on the given matter;

c) a person who is granted the right to participate in administrative proceedings by the legislation of Georgia;

d) another administrative body, in the cases provided for by the legislation of Georgia;

e) an interested party.

2. An official of an administrative body who is a participant of administrative proceedings relating to children's rights shall be specialised in accordance with the specialisation standards established by the legislation of Georgia.

3. An administrative body shall ensure full accessibility of administrative proceedings in accordance with the Law of Georgia on the Rights of Persons with Disabilities.

Law of Georgia of 20 September 2019 No. 5011 – website, 27.09.2019.

Law of Georgia of 21 May 2020 No. 5911 – website, 25.05.2020.

Law of Georgia of 14 July 2020 No. 6828 – website, 28.07.2020.

Article 76. Initiation of administrative proceedings🔗

1. The grounds for initiating administrative proceedings shall be:

a) an application of an interested person;

b) an obligation imposed on an administrative body by legislation – to issue an individual administrative-legal act.

2. Administrative proceedings in the case provided for by subparagraph "a" of paragraph 1 of this Article shall be initiated from the moment of registration of the application.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 77. Submission of an application🔗

1. Unless otherwise provided by legislation, an application shall be submitted to the administrative body that is authorised to decide the matter raised in the application and to issue the relevant individual administrative-legal act.

2. The procedure for submitting an application and the documents or other type of information attached thereto, if it is not established by law or by a subordinate act issued on its basis, shall be determined by the statute of the relevant administrative body.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 78. Content of an application🔗

1. An application shall be in written form and shall contain:

a) the name of the administrative body to which the applicant applies;

b) the identity and address of the applicant;

c) the request;

d) the date of submission of the application and the signature of the applicant;

e) the list of documents attached to the application, if any.

2. All documents the submission of which is imposed on the applicant by law shall be attached to the application.

3. The applicant shall have the right to submit to the relevant administrative body all other documents that may serve as a basis for issuing the individual administrative-legal act requested by the applicant.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 79. Registration of an application🔗

1. The administrative body shall, in accordance with the procedure established by legislation, register the application on the day of its receipt and shall place on it the date and number of registration.

2. The administrative body shall, upon the applicant's request, immediately send (hand over) to him or her confirmation of the registration of the application.

Article 80. Forwarding of an application to the competent administrative body🔗

1. If the resolution of the matter requested by the application falls within the competence of another administrative body, the administrative body shall, no later than 5 days, forward the application and the documents attached thereto to the competent administrative body.

2. Unless otherwise provided by law, when forwarding an application to a competent state body, it is inadmissible to submit any opinion regarding the resolution of the matters raised in the application.

3. The applicant shall be notified in writing, with the relevant reasoning, within 2 days, of the forwarding of the application and the documents attached thereto to the competent administrative body.

4. If the matter indicated in the application is cognizable by a court or it is impossible to determine the competent administrative body, the administrative body shall return the application to the applicant with the relevant reasoning within 5 days of its submission.

5. The time limit established by legislation for the submission of an application shall be considered observed also if the person submitted the application within the time limit established by law to an administrative body lacking competence.

Law of Georgia No. 772 of 2 March 2001 – LHG I, No. 6, 20.03.2001, Art. 8

Article 81. Inadmissibility of imposing requirements not provided for by law🔗

1. The administrative body is not entitled to require the applicant to submit any other additional document or information in addition to the document or information provided for by law.

2. It is inadmissible to suspend administrative proceedings or to refuse to consider an application on the ground indicated in paragraph 1 of this Article.

Article 82. Procedure for the submission of documents containing commercial secrets or personal data🔗

The applicant is entitled to request the protection of the submitted information containing commercial secrets or personal data if he or she wishes to ensure the confidentiality of this information.

Law of Georgia No. 772 of 2 March 2001 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia No. 6327 of 25 May 2012 – website, 12.06.2012

Article 83. Submission of additional information. Leaving an application without consideration🔗

1. An administrative body shall, within 3 days, verify the compliance of the application with the requirements of Article 78 of this Code.

2. If the applicant fails to submit to the administrative body any document or other information provided for by law or by a subordinate legislative act issued on its basis, which is necessary for the resolution of the case, the administrative body shall set a time limit for the applicant, within which he/she shall submit the additional document or information.

3. Unless otherwise provided by law, the established time limit for the submission of an additional document or other information may not be less than 5 days. The administrative body shall be entitled, at the applicant's request, to extend the time limit for the submission of the document or other information only once, but by not more than 15 days.

4. Unless otherwise provided by law, the running of the time limit for consideration of the application shall be considered suspended until the additional document or other information is submitted.

5. If the applicant fails to submit the relevant document or information within the established time limit, the administrative body shall be entitled to issue a decision on leaving the application without consideration.

6. The running of the time limit for consideration of the application shall resume immediately upon the submission of the relevant document or information.

Article 84. Participation of another administrative body in administrative proceedings🔗

1. An administrative body shall be obliged, within 3 days from the establishment of the compliance of the application with Article 78, to send a copy of the application and the documents attached thereto to the administrative body or public expert which is vested by legislation with the right to participate in administrative proceedings.

2. Unless otherwise provided by legislation, the administrative body and/or the public expert shall submit a conclusion within two weeks.

3. Unless otherwise provided by law, the failure by the administrative body and/or the public expert to submit a conclusion within the established time limit, or the submission of a negative conclusion, shall not impede the consideration of the application and the resolution of the issues raised therein.

Law of Georgia No 772 of 2 March 2001 – LHG I, No 6, 20 March 2001, Art. 8

Article 85. Obligation of an administrative body to provide legal assistance🔗

1. An administrative body shall be obliged to explain to the interested party his/her rights and obligations, to inform him/her of the procedure for consideration of the application, the type and time limit of the proceedings, as well as the requirements which the application or administrative complaint must meet, and to point out the errors made in the application.

2. The administrative body shall provide information to and consult a child taking into account cultural sensitivity, in accordance with his/her age, gender and individual capabilities, in a language understandable to him/her and/or by other auxiliary means of communication.

Law of Georgia No 5011 of 20 September 2019 – website, 27 September 2019.

Law of Georgia No 5911 of 21 May 2020 – website, 25 May 2020.

Article 86. Right of representation🔗

1. Everyone has the right to conduct relations with an administrative body through a representative, as well as to benefit from the assistance of a defender.

2. The administrative body shall be obliged to require from the representative a document confirming his/her representation.

3. The administrative body shall not be entitled to require an interested party to conduct relations with the administrative body through a representative, except in a case directly provided for by law.

Article 87. Representative in administrative proceedings🔗

1. If the applicant or another interested party has appointed a representative, the administrative body shall send to him/her all documents intended for the interested party.

2. Unless otherwise provided by law, the administrative body shall address the representative on all matters of administrative proceedings.

3. An interested party who is represented by another person shall be entitled to attend all oral hearings.

Article 88. Mandatory nature of appointment of a representative🔗

1. An interested party participating in administrative proceedings who does not have a permanent place of residence in Georgia or is registered without indicating an address shall be obliged, within 3 days from the administrative body's request, to appoint as representative a capable person registered at a specified address in Georgia, to whom all documents intended for him/her shall be sent.

2. If a person fails to comply with the request referred to in the first paragraph of this article, the administrative body shall be released from liability for failure to send the document, and this cannot become grounds for declaring an individual administrative-legal act invalid, except in cases established by law.

Law of Georgia No. 1801 of 24 June 2005 - LHG I, No. 37, 14.07.2005, Art. 245

Article 89. Mandatory appointment of a representative by the applicant🔗

1. If the application was submitted by more than 25 persons, the persons who signed the application shall, within the period established by the administrative body, appoint one representative who shall be entitled to conduct relations with the administrative body.

2. Only a natural person may be appointed as a representative.

3. In the event of a representative's refusal to exercise his/her powers, the administrative body shall grant the applicants a period for appointing a new representative.

Article 90. Appointment of a representative on the initiative of the administrative body🔗

If the persons provided for by the first paragraph of Article 89 of this Code fail to appoint a representative within the period established by the administrative body, the first person who signed the application shall be considered their representative.

Law of Georgia No. 1801 of 24 June 2005 - LHG I, No. 37, 14.07.2005, Art. 245

Article 91. Reimbursement of costs of administrative proceedings🔗

Each party shall itself reimburse the costs related to administrative proceedings incurred by it, on its own initiative or in its favour.

Law of Georgia No. 772 of 2 March 2001 - LHG I, No. 6, 20.03.2001, Art. 8

Article 92. Inadmissibility of participation in administrative proceedings🔗

1. An official of an administrative body may not participate in administrative proceedings if he or she:

a) is himself or herself an interested party in the case;

b) is a relative of an interested party participating in the case or of such party's representative;

c) is a representative of an interested party participating in the case;

d) was an expert in relation to the given matter;

d¹) was a mediator in the same case or in another case substantially related to this case;

e) is in an employment relationship with an interested party participating in the case;

f) holds, himself or herself or through a member of his or her family, shares/interests in the enterprise that represents an interested party;

g) is a member of the family of an interested party participating in the case or of such party's representative.

2. For the purposes of this Code, the following shall be considered a relative:

a) a relative in the direct line;

b) the spouse, the spouse's brother and sister, and a relative in the direct line;

c) the brother and sister of a direct relative in the ascending line;

d) brothers and sisters, their spouses and children.

3. An official shall be obliged to notify the superior official of the circumstance specified in paragraph 1 of this Article and of self-recusal. An application on self-recusal shall be considered in accordance with the procedure established by Article 93 of this Code.

Law of Georgia of 2 March 2001 No 772 - LHG I, No 6, 20.03.2001, Art. 8

Law of Georgia of 18 September 2019 No 4960 – website, 27.09.2019

Law of Georgia of 2 August 2021 No 879 – website, 04.08.2021

Article 93. Statement of recusal🔗

1. An interested party participating in administrative proceedings who considers that there exists a ground for the recusal of an official of an administrative body participating in the administrative proceedings shall, in accordance with Article 91 of this Code, have the right to give him/her written notice of recusal before the issuance of an individual administrative-legal act.

2 The statement on recusal shall be substantiated.

3. The statement on recusal shall be considered and the question of recusal or self-recusal shall be decided by the head official of the official against whom the recusal is declared, and in the absence of such — by the head official of the superior body.

4. The question of the recusal of an official who is a member of a collegial body shall be decided by the collegial body without the participation of that official.

5. In the case of the recusal or self-recusal of the entire collegial body or of such number of members of the collegial body as renders that body unauthorized to adopt a decision, as well as in the case of the recusal or self-recusal of an official who has no superior body, the individual administrative-legal act shall be issued by a body designated in accordance with legislation to decide this matter, by a person performing his/her duties, or by an independent body.

6. An interested party participating in administrative proceedings shall be obliged to submit a statement on recusal within 2 days from the commencement of the administrative proceedings or from the moment when the fact or circumstance giving ground for recusal became known to him/her.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Article 94. Time limit in administrative proceedings. Restoration of a missed time limit🔗

1. When calculating a time limit in administrative proceedings, the rule established by Articles 59-69 of the Civil Procedure Code of Georgia shall apply.

2. If an interested party is obliged to observe an established time limit, the said time limit shall begin to run only from the day of transfer to the interested party of the relevant document or information or the official publication of this information.

3. A missed time limit shall be restored if the interested party missed the time limit established by law or by an administrative body through no fault – due to force majeure, illness, reasons attributable to the administrative body, or another valid reason.

4. An interested party shall apply to the administrative body with a written application for restoration of the missed time limit no later than 15 days from the elimination of the circumstances referred to in paragraph 3 of this Article. The application shall be accompanied by the relevant documents and materials confirming the existence of a valid ground for missing the time limit.

5. The administrative body shall consider the application for restoration of the missed time limit within 5 days.

6. The administrative body is entitled to restore also a time limit established by the same administrative body and missed by the interested party for a valid reason, if this is not prohibited by law and does not harm the right or legitimate interest of a third person.

Article 95. Participation of an interested party in administrative proceedings🔗

1. The administrative body is entitled to involve an interested party in administrative proceedings on the basis of that party's request, and in cases determined by law it shall be obliged to ensure that party's participation in the administrative proceedings.

2. The administrative body shall be obliged to notify the interested party of the commencement of administrative proceedings if an individual administrative-legal act may worsen that party's legal position, and to ensure that party's participation in the administrative proceedings.

3. Unless otherwise provided by law, the administrative body shall be obliged to involve a person entitled to participate in the administrative proceedings on the basis of the latter's written request.

4. If the number of persons entitled to participate in the administrative proceedings exceeds 50, the administrative body is entitled, instead of informing each of them, to officially publish a notice on the administrative proceedings.

5. The notice on the administrative proceedings shall contain:

a) the name and address of the administrative body in which the administrative proceedings are being conducted;

b) the date of commencement of the administrative proceedings;

c) a brief description of the subject of the administrative proceedings;

d) the identity of the interested parties participating in the proceedings;

e) the time limit for issuing the individual administrative-legal act.

6. In cases of urgency, when delay in issuing an individual administrative-legal act may cause substantial damage to public or private interests, the administrative body is entitled to adopt a reasoned decision on the issuance of the individual administrative-legal act without complying with the requirements of paragraphs 1 and 2 of this Article.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 96. Examination of the circumstances of the case🔗

1. The administrative body shall be obliged, during administrative proceedings, to examine all circumstances relevant to the case and to adopt a decision on the basis of the assessment and mutual weighing of these circumstances.

2. It is inadmissible that a circumstance or fact which has not been examined by the administrative body in the manner established by law serve as a basis for the issuance of an individual administrative-legal act.

3. The administrative body has no right, without a preliminary examination, to refuse to accept an application or a motion on a matter within its competence on the ground that this application or motion is inadmissible or unfounded.

4. The interested party shall be obliged to cooperate with the administrative body during the administrative proceedings in the manner established by legislation.

5. The interested party shall be obliged to appear before the administrative body and give an explanation only in cases directly provided for by law.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 97. Examination of evidence in administrative proceedings🔗

1. Based on the circumstances of the case, the administrative body is entitled to:

a) request documents;

b) collect information;

c) hear the interested parties;

d) inspect the place of an event or occurrence;

e) order an expert examination;

f) use the necessary documents and acts;

g) for the purpose of collecting, examining and assessing evidence, resort to other measures provided by legislation.

2. A witness or an expert shall be obliged to give explanations to the administrative body only in cases precisely defined by law. Refusal to give explanations shall be effected in accordance with the Civil Procedure Code of Georgia.

Article 98. Right of an interested party to express its own opinion🔗

1. An interested party participating in administrative proceedings has the right to submit evidence, as well as motions requesting the examination of the circumstances of the case.

2. In connection with a motion, the administrative body shall, within 2 days, adopt one of the following decisions:

a) on granting the motion;

b) on refusing to grant the motion.

3. A child's right to be heard may not be restricted by reference to his/her age or another circumstance. The child shall be given the opportunity to express his/her own opinion in the form desired by him/her.

4. Child-friendly administrative proceedings shall be conducted with paramount consideration of the best interests of the child, which implies procedures accessible and comprehensible to the child at all stages of the administrative proceedings.

Law of Georgia of 20 September 2019 No. 5011 – website, 27.09.2019.

Law of Georgia of 21 May 2020 No. 5911 – website, 25.05.2020.

Article 99. Right to review the materials of administrative proceedings🔗

1. An interested party participating in administrative proceedings shall have the right to review the materials of the administrative proceedings, except for those materials which constitute documentation of an intra-agency nature directly related to the preparation of an individual administrative-legal act.

2. If the interest in reviewing a document outweighs the interest in protecting secrecy, in cases provided by law, by a court judgment, those case materials which contain personal data, state or commercial secrets shall also be presented to the interested party for review.

3. The interested party shall review the materials of the administrative proceedings in the administrative body which conducts the administrative proceedings.

4. In a special case, on the basis of a written request, the interested party may review the materials of the administrative proceedings in another administrative body, as well as in a diplomatic representation or consular institution of Georgia existing in another state.

5. An interested party participating in administrative proceedings shall have the right to request copies of the documents and other materials existing in the administrative proceedings. Copies of case materials containing personal data, state or commercial secrets shall be given to the interested party participating in the administrative proceedings only in cases provided by law, by a court judgment.

6. No fee may be imposed or other obstacle created for receiving a copy of a document or other material, for making a copy, as well as for sending it by post, except for reimbursement of the necessary amount.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Law of Georgia of 12 June 2012 No. 6439 – website, 22.06.2012

Article 100. Decision-making🔗

1. Unless otherwise provided by law or by an act issued on its basis, the administrative body shall adopt a decision on the issuance of an individual administrative-legal act or on refusal thereof within one month from the submission of the application.

2. Unless otherwise provided by law, an individual administrative-legal act which does not affect the interests of a third person shall be issued within 15 days from the submission of the application.

3. If, in order to establish circumstances of material significance for the case, a period longer than that provided by legislation for the issuance of an individual administrative-legal act is necessary, the administrative body, at the commencement of the administrative proceedings, shall adopt a decision on determining the period for the issuance of the individual administrative-legal act.

4. In the case provided for by paragraph 3 of this Article, the total period for the issuance of an individual administrative-legal act shall not exceed 3 months.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 101. Submission by the applicant of his/her own opinion in the case of refusal to issue an individual administrative-legal act🔗

1. Before the issuance of an individual administrative-legal act on refusal to satisfy the application, the administrative body shall be obliged to give the applicant the opportunity to submit his/her own opinion on the circumstances rejecting the application, if:

a) the refusal is based on information about the applicant;

b) the information on which the refusal is based differs from the information submitted by the applicant.

2. The requirement of paragraph 1 of this Article shall not apply if the applicant has already submitted his/her own opinion in relation to the said circumstance, as well as in urgent cases where the delay in the issuance of an individual administrative-legal act may cause material harm to the public interest. In such a case, the administrative body shall be obliged to indicate what urgent circumstance exists.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 102. Rule for re-submission of an application on the same issue🔗

1. An application concerning an issue on which there exists an individual administrative-legal act issued by an administrative body refusing to satisfy the application, as well as a complaint, may be submitted only if the factual or legal situation that served as the basis for the issuance of the individual administrative-legal act has changed in favour of the interested person, or if there are newly discovered or newly revealed circumstances (evidence) that give rise to the issuance of an individual administrative-legal act more favourable to the applicant.

2. If the application does not indicate newly discovered or newly revealed circumstances, the administrative body shall, without considering the application, issue an individual administrative-legal act refusing the application. The individual administrative-legal act shall indicate the legal act on the basis of which the satisfaction of the application was refused.

3. An application for the renewal of administrative proceedings shall be accepted only if the failure to submit these circumstances or facts during the administrative proceedings did not occur through the fault of the applicant.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 103. Rule of administrative proceedings in a collegial administrative body🔗

1. Unless otherwise provided by law, administrative proceedings in a collegial body shall be conducted in accordance with the procedure established by Chapter VI of this Code and taking into account the provisions set out in this Chapter.

1¹. Unless otherwise provided by law, when a collegial administrative body adopts a normative administrative-legal act, the rules established for public administrative proceedings shall apply.

1². The rules provided for by the Constitution of Georgia, the Law of Georgia "on Normative Acts", this Code and other legislative, as well as subordinate acts issued on their basis, shall apply to the adoption of a normative administrative-legal act by a collegial administrative body.

2. Unless otherwise provided by law or a subordinate act issued on its basis, a decision on an application submitted to a collegial body shall be taken only by the collegial administrative body. An exception is the right of an authorised official of the collegial administrative body to forward the application to the authorised administrative body or return it to the applicant, if the resolution of the issues raised therein does not fall within the competence of the collegial administrative body.

Law of Georgia of 22 October 2009 No. 1886 - LHG I, No. 33, 09.11.2009, Art. 208

Article 104. Procedure for the Conduct of a Session of a Collegiate Body🔗

1. A session of a collegiate administrative body shall be opened and declared closed by the head official of that body, and in the event of his/her absence, by the chairperson of the session appointed (elected) in accordance with legislation.

2. The chairperson of the session shall conduct the session in accordance with the agenda.

Article 105. Quorum🔗

1. All members of a collegiate administrative body shall be invited to a session thereof.

2. A collegiate administrative body shall be entitled to take a decision if more than half of its members, but not fewer than 3 members, attend its session.

3. A decision of a collegiate administrative body shall be considered adopted if it is supported by more than half of the members attending the session, except in cases provided for by legislation.

Article 106. Minutes of a Session of a Collegiate Administrative Body🔗

1. Minutes shall be drawn up for every session of a collegiate administrative body, which shall state:

a) the name of the collegiate administrative body;

b) the time and place of the session;

c) the identity of the chairperson and members of the session;

d) the subject of the discussion;

e) the results of the voting;

f) the decision taken.

2. The minutes of the session shall be signed by the chairperson of the session, and also by the secretary if he/she participated in drawing up the minutes.

Article 106¹. Initiation of Administrative Proceedings by a Collegiate Administrative Body for the Adoption of a Normative Administrative-Legal Act🔗

1. Administrative proceedings for the adoption of a normative administrative-legal act by a collegiate administrative body entitled to adopt a normative administrative-legal act shall be initiated by a decision of that same body.

2. The decision on the initiation of administrative proceedings for the adoption of a normative administrative-legal act shall be in writing and shall constitute an individual administrative-legal act.

3. Administrative proceedings for the adoption of a normative administrative-legal act may be initiated on the basis of an application by a natural or legal person or an administrative body only in cases provided for by law.

4. Paragraph 4 of Article 177 of this Code shall apply to the appeal of a decision on the initiation of administrative proceedings.

Law of Georgia of 22 October 2009 No. 1886 – LHG I, No. 33, 09.11.2009, Art. 208

Article 106². Publication of a draft normative administrative-legal act of a collegial administrative body🔗

1. A draft normative administrative-legal act shall be published in accordance with the rules provided for by Articles 55 and 56 of this Code or on the website of the collegial administrative body.

2. Together with the draft normative administrative-legal act, a notice on administrative proceedings shall be published.

3. The notice on administrative proceedings shall indicate:

a) the name of the collegial administrative body in which the administrative proceedings are being conducted;

b) the time limit for adopting the normative administrative-legal act;

c) the address of the collegial administrative body at which opinions may be submitted;

d) the time limit for submitting opinions.

4. If the draft normative administrative-legal act is of large volume and the collegial administrative body does not have its own website, the collegial administrative body is entitled to publish only a notice on the administrative proceedings related to the adoption of the normative administrative-legal act. In such a case, the notice shall indicate the name and a brief content of the normative administrative-legal act.

Law of Georgia of 22 October 2009 No. 1886 - LHG I, No. 33, 09.11.2009, Art. 208

Article 106³. Submission of an opinion by administrative bodies or a public expert🔗

1. A draft normative administrative-legal act of a collegial administrative body shall be sent to those administrative bodies whose competence covers the regulation of the legal relations provided for by this normative administrative-legal act or by a part thereof, also in the case where this is directly provided for by law, or where the law requires the submission of opinions by these administrative bodies in respect of such a normative administrative-legal act.

2. A draft normative administrative-legal act of a collegial administrative body shall also be sent to a public expert if the submission of an opinion by the latter is mandatory under law.

3. Administrative bodies, as well as a public expert, to which a draft normative administrative-legal act of a collegial administrative body has been sent, are obliged to submit their own opinions on the draft of this normative administrative-legal act within the time limit established by the legislation of Georgia or by the respective collegial administrative body, the duration of which may not be less than 10 days.

4. An opinion submitted by another administrative body shall be considered before the completion of the administrative proceedings and shall be answered in writing.

5. Unless otherwise provided by law, the failure to submit an opinion by another administrative body or a public expert within the established time limit may not obstruct the adoption of a normative administrative-legal act of a collegial administrative body.

6. It shall be inadmissible for a normative administrative-legal act of a collegial administrative body to be adopted without the existence of the opinion of the respective administrative body, if the existence of the opinion is mandatory under law or under an act issued on its basis.

7. Unless otherwise provided by law, a negative opinion does not constitute an obstacle to the adoption of a normative administrative-legal act of a collegial administrative body.

Law of Georgia of 22 October 2009 No. 1886 – LHG I, No. 33, 09.11.2009, Art. 208

Article 106⁴. Submission of one's own opinion🔗

1. Everyone has the right to submit their own opinion in connection with a draft normative administrative-legal act of a collegial administrative body.

2. Every opinion connected with a draft normative administrative-legal act shall be considered by the respective collegial administrative body. Responding to it is not mandatory.

3. A person is entitled, when submitting their own opinion, not to indicate their identity.

4. A collegial administrative body shall, within one day of registration, send opinions submitted by private persons to another respective administrative body and to a public expert.

Law of Georgia of 22 October 2009 No. 1886 – LHG I, No. 33, 09.11.2009, Art. 208

Article 106⁵. Time limit for the preparation and adoption of a normative administrative-legal act🔗

Unless otherwise provided by law or by a subordinate act issued on its basis, the time limit for the preparation and adoption of a normative administrative-legal act shall be determined by a decision of the collegial administrative body on the commencement of administrative proceedings for the adoption of the normative administrative-legal act.

Law of Georgia of 22 October 2009 No. 1886 - LHG I, No. 33, 09.11.2009, Art. 208

Article 107. Issuance of an individual administrative-legal act through the use of formal administrative proceedings🔗

1. An individual administrative-legal act shall be issued on the basis of formal administrative proceedings only if this is directly provided for by law.

2. Formal administrative proceedings shall be conducted in accordance with the procedure established by Chapter VI of this Code, unless otherwise provided by law.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 108. Participation of an interested party in formal administrative proceedings🔗

1. Unless otherwise provided by law, the administrative body shall notify all interested parties of the commencement of formal administrative proceedings and shall ensure their participation in the administrative proceedings.

2. Unless otherwise provided by law, the refusal of an interested party to participate in the administrative proceedings shall not suspend the formal administrative proceedings.

3. An interested party shall be given the opportunity to present its opinion or application in relation to all circumstances of the administrative proceedings.

Article 109. Witness and expert in formal administrative proceedings🔗

1. During formal administrative proceedings, a witness shall be obliged to give testimony, and an expert – to give an opinion.

2. (Removed).

3. An interested party shall be given the opportunity to express its opinion in relation to the expert's opinion or the witness's testimony.

4. An interested party shall have the right to attend the questioning of a witness or expert, to put questions to them, to review the expert's written opinion, and to attend the inspection of the scene.

5. The costs of a witness or expert invited by an interested party shall be reimbursed by the interested party.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 110. Oral hearing🔗

1. An administrative body shall adopt a decision only on the basis of holding an oral hearing.

2. Interested parties shall be notified of the oral hearing at least 7 days before it is held and shall be invited to participate in the oral hearing.

3. The invitation shall indicate the authority of the administrative body to consider and decide the case without the participation of the interested party, except for cases provided by law.

4. If the number of interested parties exceeds 50, the administrative body is entitled to invite the interested parties to participate in the oral hearing by publishing a notice in the official print organ. The notice shall indicate the issue on which the oral hearing is to be held, the name of the administrative body that holds the hearing, the ground for initiating the administrative proceedings, the time and place of the oral hearing.

5. The oral hearing, as a rule, shall not last more than one working day.

Article 111. Rule for conducting an oral hearing🔗

1. A session related to an oral hearing is public. The chairperson of the session is entitled to declare the session closed in order to ensure the protection of personal data, state, commercial or professional secrets.

2. The session is opened and chaired by an authorized official of the administrative body.

3. The right to participate in the oral hearing shall be held by the authorized official of the administrative body, a representative of a superior body, the interested party, an expert invited to the hearing, a witness.

4. The chairperson of the session shall ensure the examination of circumstances important to the case at the oral hearing and give the attending interested party the right to express his/her own opinion in connection with the case.

5. The interested party has the right to file a motion in connection with the examination of circumstances important to the case.

6. Order at the session shall be ensured by the chairperson of the session. He/she is entitled to warn a person violating order, and in a special case – to expel him/her from the hall.

7. The session may continue without the participation of the person expelled from the hall.

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012.

Article 112. Minutes of the oral hearing session🔗

1. Minutes shall be taken during the session.

2. The minutes of the session shall indicate:

a) the name of the administrative proceeding on which the hearing is convened;

b) the name of the administrative body;

c) the time and place of the hearing;

d) the identity of the chairperson of the session, the interested party participating in the oral hearing, the expert, the witness;

e) the subject of the oral hearing, a brief summary of the submitted application;

f) a brief description of the testimony of witnesses and experts;

g) a description of the result of the inspection of the site of the case.

3. The minutes of the session shall be signed by the chairperson and the secretary of the session.

4. The interested party has the right to review the minutes and, within 3 days from reviewing the minutes, to submit comments thereon, to indicate the existence of incorrect or incomplete information therein. If the administrative body agrees with the comment, it confirms its correctness, and if it does not agree, it issues an individual administrative-legal act on the rejection of the comment.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 113. Issuance of an individual administrative-legal act🔗

1. Unless otherwise provided by law, an individual administrative-legal act shall be issued within 5 days from the holding of the oral hearing.

2. An individual administrative-legal act shall be delivered to the interested party in accordance with the procedure established by this Code.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 114. Formal administrative proceeding by a collegial body🔗

1. If a formal administrative proceeding is conducted in a collegial body, then all members of the collegial body have the right to ask a question related to the circumstances of the case.

2. The right to participate in the voting held in connection with the adoption of an individual administrative-legal act shall be held only by that member of the collegial body who participated in the oral hearing of the case.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 115. Issuance of an individual administrative-legal act through the use of public administrative proceedings🔗

1. An individual administrative-legal act shall be issued in accordance with the procedure established by this Chapter only if this is directly provided for by law.

2. When issuing an individual administrative-legal act in connection with the disposal of state or municipal property, licensing, the issuance of environmental permits, standardisation and the distribution of telecommunication frequencies, the rules established by this Chapter shall apply.

3. An individual administrative-legal act may, by decision of an administrative body, in accordance with the procedure established by this Chapter, also be issued if it concerns the interests of a wide circle of persons.

4. In the case provided for by paragraph 3 of this Article, the decision shall be taken by the responsible person of the administrative body with the consent of the superior administrative body (official). If the administrative body does not have a superior administrative body, the decision on the initiation of public administrative proceedings shall be taken by the responsible official of that administrative body itself.

5. Public administrative proceedings shall be conducted in accordance with the procedure established by Chapter VI of this Code, taking into account the provisions of this Chapter, unless otherwise provided by law.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Law of Georgia of 27 March 2009 No. 1139 - LHG I, No. 8, 08.04.2009, Art. 27

Article 116. Publication of a notice on the submission of documents for public review🔗

1. An administrative body shall be obliged to publish, in accordance with the procedure established by this Code, a notice on the submission of documents for public review.

2. The notice shall indicate:

a) the administrative body in which the administrative proceedings are being conducted and its address. If the materials of the administrative proceedings may also be reviewed in another administrative body – the name and address of that body;

b) a brief summary of the application and/or of the decision of the administrative body on the initiation of administrative proceedings;

c) the time limit for issuing the individual administrative-legal act;

d) the time limit for submitting one's own opinion.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 117. List of documents to be submitted for public review🔗

1. The following shall be submitted for public review:

a) the application and the documents attached thereto, as well as the decision of the administrative body on the initiation of administrative proceedings;

b) the conclusion or opinion that was submitted to the administrative body in connection with this application;

c) the list of documents that are not submitted for public review.

2. Everyone has the right to unimpededly review the documents submitted for public review in the administrative body in which the public administrative proceedings are being conducted. In cases provided by law or by a reasoned decision of the administrative body, the submission of the documents of public administrative proceedings for public review may take place in another administrative body, with the consent of the latter.

3. Everyone has the right to request copies of the documents submitted for public review.

Article 118. Rule for submitting one's own opinion🔗

1. Everyone has the right to submit their written opinion within 20 days from the day of submission for public review of the application on the issuance of an individual administrative-legal act or of the draft individual administrative-legal act.

2. A person is entitled, when submitting their own opinion, not to indicate their identity. This right shall be indicated in the notice on the submission of the document for public review.

3. The administrative body is obliged to mark the date of its registration on the document.

4. The administrative body shall, within one day from registration, send the opinions submitted by private persons to other relevant administrative bodies and to the public expert.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 119. Preparation and submission for public review of a draft individual administrative-legal act🔗

Unless another time limit is established by law or by a subordinate act issued on its basis, the administrative body is obliged, within one month from the registration of the application, to prepare a draft individual administrative-legal act.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 120. Oral hearing. Issuance of an individual administrative-legal act🔗

1. In public administrative proceedings, an oral hearing shall be held, during which the provisions of Articles 110-112 of this Code shall be applied. The administrative body shall issue an individual administrative-legal act within 10 days after the holding of the oral hearing.

2. If the law or a subordinate act issued on its basis provides for the possibility of postponing the time limit for issuing an individual administrative-legal act, the administrative body shall announce in advance the postponement of the time limit for issuing the individual administrative-legal act.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 121. Publication of an individual administrative-legal act🔗

An individual administrative-legal act issued on the basis of public administrative proceedings shall be published without fail.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 122. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 123. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 124. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 125. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 126. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 127. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 128. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 129. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 130. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 131. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 132. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 133. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 134. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 135. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 136. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 137. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 138. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 139. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 140. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 141. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 142. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 143. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 144. (repealed)🔗

Law of Georgia of 9 September 1999 No. 2372 - LHG I, No. 43(50), 21.09.1999, Art. 216

Article 145. (repealed).🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 146. (repealed)🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 147. (repealed)🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 148. (repealed)🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 149. (repealed)🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 150. (repealed)🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 151. (repealed)🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 152. (repealed)🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 153. (repealed)🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 154. (repealed)🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 155. (repealed)🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 156. (repealed)🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 157. (repealed)🔗

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Article 158. Obligatoriness of the issuance of an individual administrative-legal act through an independent body🔗

1. An individual administrative-legal act shall be issued only by an independent body (mandatory mandating) in the following cases:

a) (repealed – 04.05.2018, No. 2278);

b) when adopting a decision on the privatisation of state (municipal) property (enterprise), if the price exceeds GEL 100,000.

2. A law may also establish the obligatoriness of the issuance by an independent body of another type of individual administrative-legal act.

3. An independent body shall issue an individual administrative-legal act in accordance with the procedure established by this Code for administrative proceedings.

4. The requirements of Articles 8 and 92 of this Code shall apply to an independent body.

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21 September 1999, Art. 216

Law of Georgia No. 1517 of 2 June 2005 – LHG I, No. 26, 6 June 2005, Art. 177

Law of Georgia No. 1801 of 24 June 2005 – LHG I, No. 37, 14 July 2005, Art. 245

Law of Georgia No. 2278 of 4 May 2018 – website, 24 May 2018

Article 159. Appointment of an independent body🔗

1. An independent body may consist of one or several natural or legal persons who have the relevant qualification and are able to ensure impartial resolution of the matter.

2. An independent body shall be appointed on the basis of an open tender by the administrative body whose competence includes the resolution of the said matter.

Article 160. Appointment of an independent body by the President of Georgia and the Prime Minister of Georgia🔗

The President of Georgia and the Prime Minister of Georgia are entitled to appoint an independent body for the resolution of an administrative complaint.

Law of Georgia of 20 September 2013 No. 1263 – website, 08.10.2013.

Article 161. Inadmissibility of filing an administrative complaint🔗

An administrative complaint to a superior instance shall not be admissible against an individual administrative-legal act issued by an independent body. It may be challenged only in court.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 162. Body authorised to enforce an individual administrative-legal act🔗

1. Unless otherwise provided by legislation, an individual administrative-legal act shall be enforced by the administrative body that issued it.

2. On the instruction of the body that issued an individual administrative-legal act, the enforcement of the individual administrative-legal act may also be carried out by a subordinate or another administrative body. In this case, the provisions of Chapter II of this Code on mutual assistance of administrative bodies shall apply.

3. Unless otherwise provided by law or by a subordinate act issued on its basis, an administrative body may delegate the authority to enforce an individual administrative-legal act both on a one-off basis and for a definite term.

4. Only an official who is charged in the line of duty with the obligation to enforce an individual administrative-legal act shall have the right of enforcement.

5. A person shall be obliged to carry the relevant identity document confirming the respective right and to present it at the request of the persons against whom enforcement is being carried out.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 163. Procedure for the enforcement of an individual administrative-legal act🔗

1. The administrative body (official) responsible for enforcement shall be obliged to exercise the authority conferred on it by law only within the limits necessary to ensure the enforcement of the individual administrative-legal act.

2. The authority of the administrative body (official) responsible for enforcement may be restricted by an individual administrative-legal act of a superior administrative body (official).

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 164. Compulsory nature of compliance with a request of an authorised administrative body🔗

1. Everyone shall be obliged to comply with the lawful request of the administrative body (official) authorised in connection with the enforcement of an individual administrative-legal act.

2. Unless otherwise provided by law or by a subordinate act issued on its basis, a person shall be entitled to refuse to comply with a request related to enforcement if this contradicts an obligation imposed on that person by law or results in the disclosure of personal data, state, commercial or professional secrets, the obligation to protect which is imposed on that person by law.

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Article 165. Decision on ensuring enforcement🔗

1. For the purpose of enforcing an individual administrative-legal act, an administrative body (official) may perform any action provided for by law in respect of another person only if a decision on ensuring enforcement has been issued.

2. In the case of submission of an application on ensuring enforcement, the administrative body shall decide the matter within 10 days. The decision on ensuring enforcement shall be in writing and constitutes an individual administrative-legal act.

3. The decision on ensuring enforcement may be contained in the individual administrative-legal act that is to be enforced.

4. The decision on ensuring enforcement shall indicate the individual administrative-legal act for the enforcement of which it has been issued.

6. If it is impossible to apply one means of ensuring enforcement, an individual administrative-legal act on the application of another means of enforcement shall be issued.

7. The decision on ensuring enforcement shall indicate the amount of costs and the procedure for reimbursement. The administrative body shall be entitled to subsequently change the amount of costs in accordance with the actions performed for the enforcement of the individual administrative-legal act.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 166. Administrative proceedings in connection with the issuance of a decision on securing enforcement🔗

1. The requirements established by Articles 95 and 98 of this Code shall not apply to administrative proceedings connected with the issuance of a decision on securing enforcement.

2. In an urgent case, where a threat is posed to state or public security, the health of the population, human life, or it is otherwise impossible to prevent a criminal act, the decision on securing enforcement may be issued orally.

3. The decision on securing enforcement shall be issued in writing, within 3 days from the implementation of the measure of securing enforcement, in accordance with Chapter IV of this Code.

Article 167. Time limit for the voluntary fulfilment of an individual administrative-legal act🔗

1. A person against whom a means of securing enforcement is applied shall be given a time limit for the voluntary fulfilment of the individual administrative-legal act.

2. The administrative body shall be obliged to determine precisely what action the person is required to perform for the enforcement of the individual administrative-legal act.

3. A person shall be entitled to fulfil the respective obligation by the means most favourable to him or her.

4. The measure of securing enforcement shall not be applied to a person who, within the established time limit, fulfils the obligation indicated in the decision on securing enforcement. In the event of fulfilment by the person of the respective obligation within the established time limit, the decision on enforcement shall cease to have effect.

5. In the urgent case indicated in Article 166 of this Code, a time limit may not be determined.

Law of Georgia No 772 of 2 March 2001 - LHG I, No 6, 20.03.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 - LHG I, No 37, 14.07.2005, Art. 245

Article 168. Reimbursement of costs related to enforcement🔗

1. Unless otherwise provided by law or by an individual administrative-legal act issued on its basis, the costs related to the enforcement of an individual administrative-legal act shall be borne by the person who is required to enforce the individual administrative-legal act.

2. If, in the case provided for by paragraph 5 of Article 167 of this Code, a person was not given a time limit for the voluntary enforcement of the individual administrative-legal act, the costs related to enforcement shall be borne respectively by the state or the respective municipality, except in the case where the urgent necessity was caused by the action of the person who was required to enforce the individual administrative-legal act.

Law of Georgia No 772 of 2 March 2001 - LHG I, No 6, 20.03.2001, Art. 8

Law of Georgia No 1801 of 24 June 2005 - LHG I, No 37, 14.07.2005, Art. 245

Law of Georgia No 1698 of 24 September 2009 - LHG I, No 29, 12.10.2009, Art. 181

Law of Georgia No 6880 of 15 July 2020 – website, 28.07.2020

Article 169. Means of securing enforcement🔗

1. An administrative body is entitled, after the expiry of the time limit given to a person for the voluntary fulfilment of an individual administrative-legal act, to apply one of the following means of securing enforcement for the enforcement of the individual administrative-legal act:

a) assignment of the enforcement of the individual administrative-legal act to another person;

b) fine;

c) direct coercion.

2. An administrative body is entitled to apply only the means of securing enforcement that is provided for by the decision on securing enforcement.

3. An administrative body is entitled to choose only the means of securing enforcement that ensures the enforcement of the individual administrative-legal act in the fastest and least costly manner and does not cause damage to society and to the respective person.

4. The application of a means of securing enforcement shall be terminated immediately upon the enforcement of the individual administrative-legal act.

Law of Georgia No. 1801 of 24 June 2005 – LHG I, No. 37, 14.07.2005, Art. 245

Article 170. Assignment of the enforcement of an individual administrative-legal act to another person🔗

1. If the enforcement of an individual administrative-legal act by another person is possible, the administrative body is entitled, in accordance with the procedure established by this Code and other legislative acts of Georgia, to assign the enforcement to another person.

2. The administrative body shall recover the costs related to the enforcement of the individual administrative-legal act from the respective natural or legal person.

Law of Georgia No. 772 of 2 March 2001 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia No. 1801 of 24 June 2005 – LHG I, No. 37, 14.07.2005, Art. 245

Article 171. Ensuring enforcement by fine🔗

1. A fine, as a civil-law means of enforcement, shall be applied where the enforcement of an individual administrative-legal act is possible only through the expression of will by the respective person.

2. A fine, as a means of ensuring enforcement, may also be applied where there is a possibility of assigning another action related to the enforcement of an individual administrative-legal act.

3. The amount of the fine shall be determined by a decision on ensuring enforcement. The amount of the fine may be determined as a total amount or as an amount for each day of violation of the individual administrative-legal act, or for each act committed by violating the individual administrative-legal act.

4. The total amount of the fine shall not exceed GEL 1000 for a natural person and GEL 5000 for a legal entity.

5. The amount of the fine for each day of violation of the individual administrative-legal act or for each act committed by violating the individual administrative-legal act shall not exceed GEL 50 for a natural person and GEL 200 for a legal entity.

6. The minimum amount of the fine is GEL 5.

7. The amount of the fine shall be credited to the budget of the State or of the territorial unit, respectively.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 172. Direct coercion🔗

1. If, despite the application of the means of ensuring enforcement specified in Articles 170 and 171 of this Code, the individual administrative-legal act has not been enforced, the administrative body responsible for enforcement is entitled to ensure the enforcement of the individual administrative-legal act by means of direct coercion.

2. Direct coercion may also be applied in the case provided for by paragraph 2 of Article 166 of this Code.

3. The administrative body shall be obliged to apply the means of direct coercion provided for by law or by a subordinate act issued on its basis.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 173. Enforcement in respect of municipal bodies🔗

The provisions of this Chapter shall not apply to municipal bodies in relation to the enforcement of an individual administrative-legal act.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Law of Georgia of 24 September 2009 No. 1698 - LHG I, No. 29, 12.10.2009, Art. 181

Law of Georgia of 15 July 2020 No. 6880 – website, 28.07.2020.

Article 174. Enforcement of an individual administrative-legal act during a state of emergency or martial law🔗

During a state of emergency or martial law, as well as in connection with the enforcement of an individual administrative-legal act by the police, a rule different from this Code may be established by law.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 175. Special rule for the enforcement of an individual administrative-legal act related to the collection of a monetary amount🔗

1. The means of securing enforcement indicated in Article 169 of this Code shall not apply to the enforcement of an individual administrative-legal act related to the collection of a monetary amount.

2. For the enforcement of an individual administrative-legal act related to the collection of a monetary amount, a decision of the relevant administrative body on securing enforcement shall be necessary.

3. If the person obliged on the basis of an individual administrative-legal act refuses to pay a monetary amount, the administrative body shall be entitled to adopt a decision on securing enforcement, according to which the authorised person shall impose on the debtor the obligation to transfer the monetary amount to be paid to it to the account of the administrative body.

4. Forcible recovery of an amount from a person and the imposition of a lien on property shall be carried out on the basis of an enforcement writ, in accordance with the procedure established by the Law of Georgia "On Enforcement Proceedings".

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 176. Appealing a decision on securing enforcement🔗

1. A decision on securing enforcement shall be appealed in accordance with the procedure established by this Code.

2. If the means of securing chosen by the decision on securing enforcement and the time limit for enforcement follow directly from the individual administrative-legal act for the enforcement of which it was issued, it may be appealed only together with the relevant individual administrative-legal act.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 177. Right to appeal an administrative-legal act🔗

1. An interested party shall have the right to appeal an administrative-legal act issued by an administrative body.

2. Violation of the time limit established for the issuance of an administrative-legal act by an administrative body shall be considered a refusal to issue an administrative-legal act and it shall be appealed in accordance with the procedure established by this Chapter.

3. An action of an administrative body which is not related to the issuance of an administrative-legal act shall be appealed in accordance with the procedure established by this Chapter.

4. A decision of an administrative body adopted in connection with a matter of administrative proceedings shall not be subject to separate appeal, except where this is directly provided by law or it, independently of the respective administrative-legal act, violates a person's right or legitimate interest.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 178. Authorised administrative body reviewing an administrative complaint🔗

1. Unless otherwise provided by law or a subordinate normative act issued on its basis, an administrative complaint shall be reviewed and decided by the administrative body issuing the administrative-legal act, if there is a superior official of the official issuing the administrative-legal act or of the structural subdivision.

2. A complaint submitted regarding an administrative-legal act issued by the head official of an administrative body shall be reviewed and decided by the superior administrative body.

3. A person may apply to a court for the protection of his/her rights and freedoms in accordance with the procedure established by the Administrative Procedure Code of Georgia.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 28 December 2007 No. 5671 - LHG I, No. 1, 03.01.2008, Art. 3

Article 179. Administrative complaint🔗

1. Administrative proceedings shall be initiated in accordance with the procedure established by this Chapter only in the case of submission of an administrative complaint.

2. An administrative complaint shall be drawn up in writing and shall comply with the requirements of this Code.

Article 180. Time limit for appealing an administrative-legal act🔗

1. An administrative complaint shall be submitted within one month from the day of publication of the administrative-legal act or of its official notification, unless otherwise provided by law.

2. The action of an administrative body shall be appealed within one month from the day when the relevant interested party became aware of the performance of such actions or of refraining from performing them.

3. The time limit for appeal may not be set in the event of violation by an administrative body of the time limit for issuing an administrative-legal act.

4. In the event of missing the time limit established for appealing an administrative-legal act, it shall be restored if the missing of this time limit occurred due to force majeure or another valid reason.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 181. Content of an administrative complaint🔗

1. An administrative complaint shall state:

a) the name of the administrative body to which the administrative complaint is submitted;

b) the identity and address of the person submitting the administrative complaint;

c) the name of the administrative body whose administrative-legal act or action is being appealed;

d) the name of the appealed administrative-legal act;

e) the request;

f) the circumstances on which the request is based;

g) the list of documents attached to the administrative complaint, if any document is attached to the complaint.

1¹. An administrative complaint may state the incompatibility of the appealed administrative-legal act with the law on which the request of the administrative complaint is based. An administrative complaint may also indicate the norms of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and the precedents of the European Court of Human Rights on a similar legal issue, the incompatibility with which the request of the administrative complaint may be based on.

2. If the person submitting the administrative complaint has been given the administrative-legal act, a copy thereof shall be attached to the administrative complaint.

Law of Georgia of 18 October 2022 No. 1922 – website, 24.10.2022.

Article 182. Refusal to accept or consider an administrative complaint🔗

1. An administrative body shall not consider an administrative complaint if:

a) there is a court judgment or ruling on the same subject of dispute concerning the claimant’s waiver of the claim, the defendant’s acknowledgement of the claim, or approval of a settlement between the parties;

b) a case is pending in court proceedings in a dispute between the same parties, on the same subject and on the same grounds;

c) there is a decision of this body or a superior administrative body on the same matter;

d) administrative proceedings are ongoing before a superior administrative body in connection with the same administrative complaint;

e) (removed – 20.03.2015, No. 3382);

f) the administrative complaint has been filed by an unauthorized person;

g) the time limit established by law for submitting an administrative complaint has expired.

2. Before issuing a decision on the acceptance or refusal to consider an administrative complaint, an administrative body shall be obliged to give the person submitting the administrative complaint the opportunity to present their own opinion on the said matter. An administrative body shall adopt a decision on the acceptance of an administrative complaint within 5 days.

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 20 March 2015 No. 3382 – website, 31.03.2015

Article 183. Time limit for consideration of an administrative complaint🔗

1. Unless otherwise provided by law or a subordinate act issued on its basis, the authorized administrative body shall be obliged to consider the administrative complaint and adopt the relevant decision within one month.

2. In cases provided for by legislation, if more than the time limit established by legislation is necessary for the consideration of an administrative complaint in order to establish circumstances of substantial importance for the case, the administrative body shall be entitled to issue a reasoned decision on the extension of the time limit for consideration of the administrative complaint.

3. The administrative body shall be obliged to adopt the decision referred to in paragraph 2 of this Article no later than 7 days from the commencement of the administrative proceedings and to immediately notify the person submitting the administrative complaint thereof.

4. Unless otherwise provided by law or an administrative-legal act issued on its basis, the time limit for consideration of an administrative complaint may be extended by no more than one month.

Article 184. Suspension of the operation of an administrative-legal act upon filing an administrative complaint🔗

1. Unless otherwise provided by law or by a subordinate legislative act issued on its basis, the operation of the appealed act shall be suspended from the moment of registration of the administrative complaint. The administrative body shall issue an individual administrative-legal act in this regard.

2. The operation of an administrative-legal act shall not be suspended if:

a) it causes an increase in state or municipal expenses;

b) it constitutes an administrative-legal act of the police adopted in connection with the protection of public order;

c) it is issued under a state of emergency or martial law on the basis of the relevant law;

d) the deferral of enforcement causes significant material damage, or creates a significant threat to public order or security.

3. The decision on the continuation of the operation of the administrative-legal act on the basis of paragraph 2 of this Article shall be taken by the administrative body that issued the administrative-legal act or by its superior administrative body.

4. The decision of the administrative body referred to in paragraph 3 of this Article may be appealed to a court in accordance with the procedure established by legislation.

5. An interested party shall be entitled to request the court, in accordance with the procedure established by legislation, to continue the operation of the suspended administrative-legal act.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Law of Georgia of 24 September 2009 No. 1698 - LHG I, No. 29, 12.10.2009, Art. 181

Law of Georgia of 15 July 2020 No. 6880 – website, 28.07.2020

Article 185. Rule for the consideration of an administrative complaint🔗

Unless otherwise provided by this Chapter, in administrative proceedings relating to an administrative complaint, the provisions provided for by Chapter VI of this Code shall apply.

Article 186. Consideration and resolution of an administrative complaint by a collegial administrative body🔗

When an administrative complaint is considered and resolved by a collegial administrative body, the rule established by Chapter VII of this Code shall also apply.

Article 187. Inadmissibility of the participation of the official who issued the appealed administrative-legal act in the consideration of the administrative complaint🔗

A person who participated in the preparation or issuance of the appealed administrative-legal act shall not be allowed to participate in the resolution of the administrative complaint.

Article 188. Right to amend or declare void an administrative-legal act🔗

1. The filing of an administrative complaint does not suspend the right of the administrative body that issued the administrative-legal act to amend, declare it invalid or declare it void in accordance with the procedure established by this Code.

2. In the case of amendment or declaration as void of an administrative-legal act, the administrative body shall be obliged to notify the administrative body considering the administrative complaint thereof within 5 days.

Article 189. Obligation to issue an administrative-legal act🔗

1. If an administrative complaint is submitted in connection with a violation of the time limit established for the issuance of an administrative-legal act, the submission of the administrative complaint does not suspend the obligation of the respective administrative body to issue the administrative-legal act, except in cases established by law.

2. Unless otherwise provided by law, in the event of the issuance of an administrative-legal act by the respective administrative body, the administrative proceedings related to the administrative complaint due to the failure to issue an individual administrative-legal act shall be terminated.

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 190. Continuation of administrative proceedings in the event of amendment or annulment of an administrative-legal act🔗

In the event of amendment or declaration as invalid of an administrative-legal act by the administrative body that issued the appealed administrative-legal act, the consideration of the administrative complaint shall continue if the interested party demands the declaration of the administrative-legal act as void.

Article 191. Waiver of an administrative complaint🔗

1. A person submitting an administrative complaint has the right to waive the administrative complaint before a decision is rendered by the administrative body.

2. A waiver of an administrative complaint shall be made in writing. During an oral hearing, the interested party is also entitled to waive the administrative complaint orally.

3. A waiver of an administrative complaint does not suspend its consideration if the failure to consider the complaint may result in the infringement of state or public interests or significant damage.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 192. Right of an administrative body to acknowledge an administrative complaint🔗

1. The body that issued the appealed administrative-legal act has the right to acknowledge the administrative complaint if this does not contradict legislation.

2. Unless otherwise provided by law or a subordinate act issued on its basis, the administrative body considering the administrative complaint has the right to continue the administrative proceedings notwithstanding the acknowledgement of the administrative complaint by the body that issued the administrative-legal act.

Article 193. Scope of administrative proceedings related to an administrative complaint🔗

1. Unless otherwise provided by law or a subordinate legislative act issued on its basis, the administrative body hearing an administrative complaint shall consider the administrative complaint within the limits of the request stated therein, and in a case provided by law may go beyond them.

2. If it is impossible to adopt a decision with respect to only the contested part of the administrative-legal act, the body hearing the administrative complaint, with the written consent of the person filing the administrative complaint, shall adopt a decision with respect to the administrative-legal act as a whole, and in the event of refusal by that person, shall issue a decision to leave the administrative complaint unexamined, unless this contradicts the law.

Article 194. Participation of an interested party in administrative proceedings related to an administrative complaint🔗

1. The administrative body shall be obliged to give the interested party participating in the administrative proceedings the opportunity to present its own opinion.

2. The administrative body shall be obliged to notify in writing all persons who participated in the administrative proceedings related to the issuance of the contested administrative-legal act of the commencement of administrative proceedings related to the administrative complaint and to ensure their participation in the administrative proceedings.

3. Unless otherwise provided by law or a subordinate legislative act issued on its basis, the refusal of an interested party to present its own opinion, additional information or to attend an oral hearing shall not suspend the administrative proceedings related to the administrative complaint.

Article 195. Participation of the administrative body issuing the appealed administrative-legal act in administrative proceedings related to an administrative complaint🔗

1. The administrative body considering the administrative complaint shall, within 5 days from registration, send a copy of the administrative complaint and the documents attached thereto to the administrative body issuing the administrative-legal act.

2. The body issuing the appealed administrative-legal act shall be obliged, within 5 days from receipt of the copy of the administrative complaint, to submit to the body considering the administrative complaint all materials of the administrative proceedings related to the given administrative-legal act and its own written conclusion on the administrative complaint.

3. Unless otherwise provided by law, the administrative body issuing the appealed administrative-legal act shall, in the administrative proceedings related to the administrative complaint, enjoy the same rights as those granted to an interested party participating in the administrative proceedings.

4. The body issuing the appealed administrative-legal act shall be represented in the administrative proceedings by the official issuing the administrative-legal act or another authorized person, and if the administrative-legal act was issued by a collegial body – by the person heading the collegial body.

5. The body issuing the appealed administrative-legal act may be represented in the administrative proceedings by another employee only with the consent of the administrative body considering the administrative complaint.

Article 196. Submission of additional information by interested parties🔗

1. Unless otherwise provided by law, the person submitting the administrative complaint, as well as other interested parties, shall submit their opinion, as well as additional documents related to the case, no later than 5 days before the oral hearing.

2. The administrative body shall be obliged to notify the participant in the administrative proceedings in writing of the date of the oral hearing no later than 5 days before it is held.

Article 197. Familiarization with the materials of administrative proceedings🔗

1. The parties participating in administrative proceedings shall familiarize themselves with the materials of the administrative case in accordance with Article 99 of this Code.

2. (Deleted).

3. (Deleted).

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 198. Rule for holding an oral hearing

1. An oral hearing shall be held in accordance with the procedure established by Chapter VIII of this Code.

2. The parties participating in administrative proceedings may be heard in the absence of one another, if this is necessary in order to prevent the disclosure of personal data, information classified as state or commercial secret, and if it is otherwise impossible to establish circumstances of essential importance to the case.

3. A reasoned decision on the issue referred to in paragraph 2 of this Article shall be issued by the administrative body on the basis of a request of the interested party.

4. Unless otherwise provided by law or by a subordinate normative act issued on its basis, the oral hearing session shall be open.

5. The oral hearing session shall be open if an administrative complaint is filed against an administrative-legal act issued on the basis of public administrative proceedings.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 25 May 2012 No. 6327 – website, 12.06.2012

Article 199. Consideration and resolution of an administrative complaint without an oral hearing🔗

1. The administrative body is entitled to consider and resolve an administrative complaint without holding an oral hearing if:

a) there is a ground for refusing to consider the administrative complaint;

b) all interested parties participating in the administrative proceedings agree to the consideration of the case without holding an oral hearing.

2. The administrative body shall be obliged to indicate in the administrative-legal act issued in connection with the administrative complaint the ground for refusing to hold an oral hearing.

Article 200. Submission of one's own opinion by an interested party participating in the case after the holding of an oral hearing🔗

If, after the holding of an oral hearing, the administrative body considering the administrative complaint becomes aware of a new circumstance of essential importance to the case, the interested parties participating in the administrative proceedings must be notified thereof and be given the opportunity to submit their opinions on the given issue.

Article 201. Decision of an administrative body in connection with the consideration of an administrative complaint🔗

1. As a result of the consideration of an administrative complaint, the administrative body issues one of the following decisions:

a) on the satisfaction of the administrative complaint;

b) on the refusal to satisfy the administrative complaint;

c) on the partial satisfaction of the administrative complaint.

2. If the search for additional materials in the case is necessary, the administrative body issues a decision on the postponement of the consideration of the case, which shall be communicated to the parties.

3. The administrative-legal act related to the administrative complaint shall be examined by the administrative body from the standpoint of legality and expediency.

4. The administrative body considering the administrative complaint shall be obliged to verify whether the administrative-legal act meets the requirement of the law that grants any right or advantage to the person submitting the administrative complaint.

Article 202. Issuance of an administrative-legal act in connection with an administrative complaint🔗

The decision adopted by the administrative body on the consideration of an administrative complaint constitutes an individual administrative-legal act and it shall meet the requirements established by this Code for an individual administrative-legal act.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 203. Amendment, annulment or declaration of invalidity of an appealed administrative-legal act. Issuance of a new administrative-legal act🔗

The administrative body is entitled to declare an appealed administrative-legal act void or invalid, as well as to amend it.

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 - LHG I, No. 37, 14.07.2005, Art. 245

Article 204. Expenses of administrative proceedings related to the consideration of an administrative complaint🔗

1. No state fee or any tax may be imposed for the consideration of an administrative complaint.

2. Each party shall itself reimburse the expenses of the administrative proceedings incurred by it in connection with the administrative complaint.

3. In the event of satisfaction of the complaint, the administrative body shall reimburse the expenses incurred by a party participating in the administrative proceedings for a lawyer or another representative only in the event of insolvency of the party participating in the administrative proceedings.

4. (Removed).

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 205. (Removed)🔗

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 206. (Removed)🔗

Law of Georgia of 2 March 2001 No. 772 - LHG I, No. 6, 20.03.2001, Art. 8

Article 207. Application of the Civil Code of Georgia in compensating damage caused by an administrative body🔗

Unless otherwise provided by this Code, the compensation of damage caused by an administrative body shall be governed by the rules established by the Civil Code of Georgia.

Article 208. Special rule of liability of the State or a municipality🔗

1. The State shall be liable for damage caused by a state administrative body, as well as by its official or another state servant or public servant of that body (except for a public servant defined by paragraph 2 of this Article) in the performance of his/her official duty.

2. The municipality shall be liable for damage caused by a municipal body, as well as by its official or another servant in the exercise of his/her official duty.

3. If a private person carries out any activity on the basis of delegation or assignment by a state body or a municipal body, the State or the municipality shall be liable for damage caused in the course of carrying out this activity.

Law of Georgia of 24 September 2009 No. 1698 – LHG I, No. 29, 12.10.2009, Art. 181

Law of Georgia of 27 October 2015 No. 4355 – website, 11.11.2015

Law of Georgia of 21 December 2016 No. 159 – website, 28.12.2016

Law of Georgia of 15 July 2020 No. 6880 – website, 28.07.2020

Article 209. Liability of a state body or a municipality for damage caused by a lawful administrative-legal act🔗

1. If, by an administrative-legal act issued in accordance with the legislation of Georgia for reasons of public necessity, substantial damage is caused contrary to the principle of equality only to a particular private person or group of persons, the state body or the municipality shall be obliged to compensate the damage caused by this administrative-legal act.

2. The amount of compensation for damage shall be determined on the basis of an assessment of the interests of the public and the private person.

Law of Georgia of 24 September 2009 No. 1698 – LHG I, No. 29, 12.10.2009, Art. 181

Law of Georgia of 15 July 2020 No. 6880 – website, 28.07.2020

Article 210. (removed)🔗

Law of Georgia of 22 October 2009 No. 1886 – LHG I, No. 33, 09.11.2009, Art. 208

Article 211. (removed)🔗

Law of Georgia of 2 March 2001 No. 772 – LHG I, No. 6, 20.03.2001, Art. 8

Law of Georgia of 24 June 2005 No. 1801 – LHG I, No. 37, 14.07.2005, Art. 245

Law of Georgia of 22 October 2009 No. 1886 – LHG I, No. 33, 09.11.2009, Art. 208

Article 212. (removed)🔗

Law of Georgia of 22 October 2009 No. 1886 – LHG I, No. 33, 09.11.2009, Art. 208

Article 213. (removed)🔗

Law of Georgia of 22 October 2009 No. 1886 – LHG I, No. 33, 09.11.2009, Art. 208

Article 214. (removed)🔗

Law of Georgia of 22 October 2009 No. 1886 – LHG I, No. 33, 09.11.2009, Art. 208

Article 215. (removed)🔗

Law of Georgia No. 1886 of 22 October 2009 – LHG I, No. 33, 09.11.2009, Art. 208

Article 216. (removed)🔗

Law of Georgia No. 1886 of 22 October 2009 – LHG I, No. 33, 09.11.2009, Art. 208

Article 217. (removed)🔗

Law of Georgia No. 1886 of 22 October 2009 – LHG I, No. 33, 09.11.2009, Art. 208

Article 218. Organisational issues related to the entry into force of the Code🔗

1. In connection with the entry into force of this Code, the Ministry of Justice of Georgia shall, by 15 November 1999, prepare draft amendments to the relevant legislative acts.

2. An individual administrative act issued or confirmed before the entry into force of this Code may not be declared void or invalid if the person has performed any act of legal significance on the basis of that act, except in the cases provided for by subparagraph „b“ of paragraph 1 of Article 60 and subparagraphs „a“, „b“ and „c“ of paragraph 2 of Article 61 of this Code.

3. The operation of paragraph 2 of this Article shall not extend to individual administrative acts which concern the illegal and unjustified property of an official, his family member, close relative or related person, as provided for by Chapter VII² of the Administrative Procedure Code of Georgia, and which were adopted (issued) in violation of the requirements of the legislation.

4. By 1 September 2013, the relevant bodies (officials) shall ensure the adoption (issuance) of the subordinate normative acts provided for by paragraph 2 of Article 28 and paragraph 4 of Article 37 of this Code.

Law of Georgia No. 1138 of 26 October 2001 – LHG I, No. 33, 10.11.2001, Art. 134

Law of Georgia No. 3399 of 13 February 2004 – LHG I, No. 6, 09.03.2004, Art. 29

Law of Georgia No. 6327 of 25 May 2012 – website, 12.06.2012

Article 219. Entry into force of the Code🔗

This Code shall enter into force on 1 January 2000.

Article 220. List of legislative acts invalidated in connection with the entry into force of this Code🔗

In connection with the entry into force of this Code, the following shall be considered invalid:

a) Law of Georgia of 24 December 1993 „On the procedure for the consideration of applications, complaints and appeals in state bodies, enterprises, institutions and organisations (regardless of their organisational-legal form)“;

b) (removed).

Law of Georgia No. 2372 of 9 September 1999 – LHG I, No. 43(50), 21.09.1999, Art. 216

President of Georgia Eduard Shevardnadze.

Tbilisi,

25 June 1999.

No. 2181–IIs