Article 72¹ of the Administrative Offences Code of Georgia establishes administrative liability for breaching the rules on the inventory of the forest and the requirements on forest-use planning. Forest inventory and planning are the foundation of forest governance: on this documentary system depends how realistic a picture we have of forest resources and how balanced forest use is. On this page we describe both parts of the article in detail, the amounts of the fines, and what a person working with forestry documentation should pay attention to.
Breach of the forest inventory rules
Under the first part of the article, a breach of the rules on the inventory of the forest of Georgia, or of the special requirements of the inventory system of the protected areas of the state forest, entails a fine of fifty to one hundred and fifty lari, that is, from 50 to 150 GEL. The inventory rules determine how the data of the forest fund — territories, composition, condition — are recorded, and the accuracy of these data is the foundation of the whole forestry system. For protected areas the legislation establishes special requirements, because there the results of the inventory also reflect the protection regime.
Breach of the forest-use planning requirements
The second part of the article governs a broader composition: a breach of the forest-use planning requirements, or the carrying out of forest use and forestry measures without documentation approved in the manner established by forest-management or special research legislation, entails a fine of seventy to two hundred lari, that is, from 70 to 200 GEL. This norm serves documentary discipline: forest use and forestry measures must be based on previously approved documentation that passes through the forest-management or special research procedure. A measure carried out without documentation forms the offence by the very fact.
Determination of the amount of the fine
In both parts the fine is determined by a range — from 50 to 150 GEL and from 70 to 200 GEL — and the specific amount is established according to the circumstances of the breach. The difference between the thresholds is also of practical significance: a breach of planning falls under a higher sanction because it directly concerns sanctioned pressure on the forest resource, while a breach of inventory is connected rather with inaccuracies of an informational character.
What a person working with forestry documentation should note
To avoid the fines provided for by Article 72¹, the following is recommended:
- begin forestry measures only on the basis of approved documentation;
- reflect changes in the inventory data in good time and in the proper form;
- study the special requirements for protected areas in advance;
- on the imposition of a fine, check under which part the breach is qualified — this changes the range of the sanction;
- in disputed cases, consult a lawyer.
The legal significance of the inventory and planning system
Forest inventory and forest-use planning are connected in a single management cycle: the inventory creates the informational foundation, and planning builds on that foundation decisions about where, when and on what scale forest use is possible. Inaccuracy in these two elements spreads along the chain: incorrect inventory leads to an incorrect plan, and an incorrect plan leads to excessive or misdirected pressure on the forest. It is precisely for this reason that the legislature regulates liability in this sphere by a separate norm and attaches decisive importance to documentary clarity: in legal terms, the forest exists in the form in which it has been inventoried and planned.
Questions to verify in the hearing of a case
When a fine is imposed, check under which part the breach is qualified: the first part concerns the inventory rules, the second — planning and measures carried out without documentation, and the ranges of the sanctions differ. Then — the factual basis: which exact requirement was breached and how this is confirmed. Note that carrying out a measure "without documentation" forms the composition by the very fact — good faith or subsequent formalisation cannot correct the situation here. Finally — the procedural side: the competence to draw up the protocol, the time limits and the manner of appeal are determined by the general norms of the Code.
Experience of working with forestry documentation in our practice shows one thing clearly: most fines are the result not of deliberate breach but of unsystematic processes. The storage of forms, the maintenance of an accounting register, observance of the reporting calendar and the designation of a responsible employee — these four elements create the internal control that minimises the risk of a breach. In an organisation where these elements are written down, a fine is almost never a realistic scenario; where processes rest on the memory of individuals, an error is a matter of time.
Conclusion
Article 72¹ protects the documentary foundation of forest governance: a breach of the forest inventory rules is punished with a fine of 50 to 150 GEL, and a breach of the forest-use planning requirements or of measures carried out without approved documentation — with a fine of 70 to 200 GEL. If you need an assessment of the lawfulness of a fine or an analysis of forestry documentation, the specialists at Legal.ge will help you.