The purpose and structure of Article 114
Article 114 of the Code of Administrative Offences of Georgia governs liability for breaches of the rules on loading, unloading, stacking and storage of cargo in a seaport. The provision consists of nine parts and covers ordinary as well as dangerous cargo operations, the locations where the stacking of cargo is prohibited, and the requirements connected with technological maps and schemes for cargo operations. The aim of the article is to ensure that cargo work in a port is carried out in a safe and orderly manner.
Port cargo operations require strict coordination between infrastructure, cargo and people. A breach of the rules harms not only the cargo and the infrastructure but also creates transport and fire safety risks, which is why the legislature responds to each type of violation with a specific fine.
Fine amounts part by part
Each part of Article 114 defines a distinct type of violation together with its own fine. It is important to read them separately, because the sanctions differ depending on the conduct and on whether it is committed repeatedly:
- Part one — breach of the rules on loading or unloading in a seaport, or on the stacking or storage of cargo, including dangerous cargo — a fine on the port operator of 10 000 lari;
- Part two — the same conduct committed repeatedly — 20 000 lari;
- part three — carrying out by the port operator of a cargo operation that is not permitted by the legislation of Georgia — 15 000 lari for each berth at which the operation is carried out;
- part four — the same conduct committed repeatedly — 20 000 lari;
- part five — breach of the rule prohibiting the stacking of cargo at various locations on the territory of the port — 5 000 lari;
- part six — carrying out a cargo operation involving dangerous cargo without an appropriate technological map or scheme, or in breach of the existing map or scheme — 5 000 lari;
- part seven — the same conduct committed repeatedly — 10 000 lari;
- part eight — failure to coordinate with the port the technological map for carrying out cargo operations during loading or unloading — a fine on the respective person of 5 000 lari;
- part nine — the same conduct committed repeatedly — 10 000 lari.
These amounts operate independently: a repeated commission of the same conduct attracts a higher fine than the first one, and violations qualified under different parts carry different sanctions. Assessing a concrete case therefore always begins with determining exactly which part of the article the conduct falls under.
Where the stacking of cargo is prohibited
Part five of the article describes in detail the places on the territory of a seaport where the stacking of cargo is prohibited. The prohibition covers, among others, the following situations:
- stacking of cargo on water supply, transport or electric cable routes;
- stacking at a distance of less than 2 metres from the nearest railway track;
- stacking closer than 3 metres to the shore of a berth;
- stacking on roads, pedestrian crossings and transport passages;
- stacking near fire pumps and fire safety infrastructure;
- stacking under overhead power lines, high-voltage lines, telephone wires or telegraph networks.
The norm also sets out permitted distances: stacking cargo in stacks is allowed at a distance of at least 2 metres from the appropriate place and at least 4 metres from the working perimeter of a warehouse. A breach of this prohibition rule entails the fine of 5 000 lari provided for by part five.
Who is the responsible subject
Under parts one to seven of the article the fine is imposed on the port operator — the person carrying out cargo operations in the seaport. Under parts eight and nine, which concern the failure to coordinate the technological map with the port, the fine is imposed on the respective person. Identifying the correct subject matters, because it determines against whom administrative proceedings may be brought.
The significance of repetition
Several parts of the article establish a separate sanction for repeated commission of the same conduct: where the first breach of the loading and unloading rules is punished with 10 000 lari, a repeated one attracts 20 000 lari; a breach connected with a technological map that is first punished with 5 000 lari is punished with 10 000 lari when repeated. This construction is aimed at eliminating repeated violations and establishing lasting discipline in port operations.
Consequences of non-payment
If a fine imposed for any of the administrative offences 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.
How Legal.ge can help
The nine-part structure of Article 114 creates difficult questions of qualification: it is essential to establish precisely under which part the conduct is assessed and who the responsible subject is. The Legal.ge team will help you analyse the case materials, verify the qualification applied by the authorities and protect your rights at every stage. We examine each case individually and recommend well-grounded legal steps.