The purpose of Article 114¹⁶
Article 114¹⁶ of the Code of Administrative Offences of Georgia governs the administrative liability of a yacht club for breaches of the requirements laid down by the rules of the seaport. The norm is aimed at establishing order in the sphere of sporting and recreational sailing: yacht clubs that use port infrastructure are obliged to comply with the requirements established by the port rules.
The logic of the article is simple: the port rules are the foundation of a single order for all users, and a yacht club, as an organised subject using the services of the port, is regarded as the organisational unit responsible for breaching that order. The addressee of the sanction is accordingly the club itself.
The elements of the offence
The object of the offence is the order established in the seaport, and the objective side is the failure to observe the requirements laid down by the port rules. The text of the article does not describe the specific requirements individually — it refers to the port rules as the normative source from which those requirements derive.
For the assessment of a concrete case it is therefore always necessary to study the port rules: which requirement was breached, and to what extent it was known to the club and capable of being performed. These questions form an important part of the qualification and often determine the outcome of the case.
The amounts of the fines part by part
The article regulates sanctions in two parts:
- part one — breach by a yacht club of the requirements laid down by the port rules — a fine on the yacht club of 10 000 lari;
- part two — the same conduct committed repeatedly — a fine on the yacht club of 15 000 lari.
The two sanctions operate separately: the first violation is punished with 10 000 lari, and a repeated one with 15 000 lari. Repetition increases the sanction, although in this article the increase is comparatively moderate. What counts as a repetition is not explained in the text of the article and is governed by other provisions of the Code.
Who is the responsible subject
The fine is imposed on the yacht club — the organisational unit carrying out sporting and recreational sailing activity on the port infrastructure. Identifying the subject matters, because the article names the club as the addressee of the sanction. This circumstance is also significant for the governance of the club: its internal rules must be arranged so that every action carried out in the club's name complies with the requirements of the port. Otherwise the carelessness of a single member may turn into a loss for the whole organisation, with the fine paid out of the club's budget.
Consequences of non-payment
If a fine imposed for the administrative offence provided for by this article is not paid within the period determined by the Code, the offender becomes liable to a surcharge in double the amount of that fine. If the fine and the surcharge remain unpaid within 30 days from the imposition of the surcharge, measures to secure their payment will be carried out against the offender under the procedure established by the legislation of Georgia.
In practical terms, an unpaid fine of 10 000 lari grows by a surcharge equal to double its amount, and the further non-performance of the obligation leads to compulsory enforcement. Monitoring the deadlines for the payment of fines is therefore part of the financial discipline of the club.
What the article does not regulate
Article 114¹⁶ defines the general elements of the offence and the sanctions. The list of specific requirements is contained in the port rules, while the procedural aspects of administrative proceedings — who draws up the protocol, which body examines the case and how a decision may be appealed — are governed by other provisions of the Code. A full assessment of a concrete case requires both sources.
Practical recommendations for yacht clubs
For a yacht club, the first step in avoiding sanctions remains a thorough knowledge of the port rules: the management and the members must know which requirements apply on the territory and in the aquatoria of the port and how they are to be fulfilled in daily activity. The second important step is building an internal control mechanism — who checks compliance, how shortcomings are recorded and how they are eliminated in time. Such an approach reduces both the risk of a first violation and the risk of repetition, which triggers the increased sanction.
How Legal.ge can help
If your yacht club has become involved in administrative proceedings under this article, it is important to verify which specific requirement was treated as breached and whether the qualification is correct. The Legal.ge team will help you analyse the case materials, assess compliance with the port rules and defend your position. We work to ensure that every client receives a reasoned and well-grounded legal assessment.