What Article 114² regulates
Article 114² of the Code of Administrative Offences of Georgia establishes liability for breaches of the border regime rules in the internal sea waters and the territorial sea of Georgia. The norm concerns small craft, berthing points and economic activity at sea — everything connected with the special regime extending over the water part of the state border. Freedom of movement at sea is not absolute: in the interests of border protection, navigational safety and human life, the law attaches clear rules to going out to sea, berthing and the use of craft, and a breach of those rules entails financial liability.
The norm directly concerns three circles of persons: first, owners and users of small craft, including those who use a jet-ski or a yacht in the summer season; second, owners and managers of berthing points; and third, persons and companies engaged in economic, fishing or search activity at sea. For each of these circles the article applies a different part, which is why the amount of the fine cannot be understood from a single number — the element actually committed must first be established. This is precisely why it is important to read each tier separately and compare it with your own situation.
Notice of departure and berthing points
Failure to notify the departure of a small craft into the internal sea waters and the territorial sea entails a fine of 50 GEL. A breach of the rules for arranging a berthing point owned by a natural person is likewise punished by 50 GEL, while a breach of the rules for keeping a small craft at a berthing point is punished by 150 GEL. A breach of the rules for arranging a berthing point in cases other than a natural person's own point entails a fine of 300 GEL.
A breach of the rules for a small craft leaving a berthing point splits into three distinct elements, each with its own amount: committed in violation of the established rules for marking the craft's distinguishing signs — 50 GEL; through the technical disrepair of the craft — 150 GEL; and by disregarding forecast or actual hydrometeorological conditions dangerous for safe navigation — 200 GEL. This differentiation shows that the more dangerous the act, the more strictly it is assessed.
The rules on use and swimming
A breach of the rules for using a small craft or for swimming is punished according to the type of equipment: committed with a rowing or inflatable (engineless) boat or a kayak — 50 GEL; with a self-propelled small craft whose engine power is up to 40 horsepower — 100 GEL; with an engine from 40 to 60 horsepower — 150 GEL; with 60 horsepower or more — 200 GEL; and with a jet-ski, a yacht, a non-self-propelled sailing small craft or a passenger vessel — 250 GEL. The fine is thus directly linked to the power of the equipment and its potential danger.
Economic and other activity
A breach of the border regime rules in the course of economic, fishing, search or other activity in the internal sea waters and the territorial sea is assessed according to the length of the vessel: committed with a vessel under 15 metres — 200 GEL; from 15 to 30 metres — 300 GEL; and 30 metres or more — 500 GEL. If any offence under this article causes minor damage to health, the fine is 800 GEL — the highest amount in this norm.
A surcharge of twice the amount
If a fine imposed under this article is not paid within the period determined by the Code, the offender is charged a surcharge of twice the amount of the imposed fine — note that, unlike in many other norms, here the surcharge is not equal to but double the fine. If the fine and the surcharge remain unpaid within 30 days from the imposition of the surcharge, compulsory enforcement is carried out in accordance with the Georgian law on enforcement proceedings. Paying the fine immediately after the violation is therefore also the most reasonable course financially.
Remember also that under this article repetition can be applied only where the person has already been subjected to administrative liability under the same norm, so the history of earlier violations is likewise examined separately in each concrete case. The regime at sea is controlled particularly strictly in conditions of seasonal load, and in summer it is precisely breaches of the rules on the use of craft and swimming that are the most frequent subject of complaints.
How Legal.ge can help you
The lawyers of Legal.ge will determine under which part of the article your case has been qualified — in this norm the amounts differ sharply by element, and a correct qualification sometimes changes the amount of the fine several times over. We will also verify the calculation of the surcharge and defend you in the proceedings. For a detailed consultation, contact us at Legal.ge.