The purpose of Article 128⁴
Article 128⁴ of the Code of Administrative Offences of Georgia governs liability for breaches of the requirements established for the marking of imported timber. These requirements are determined by the relevant resolution of the Government of Georgia. The aim of the norm is to control the lawful circulation of imported timber: marking makes it possible to identify each consignment and its origin.
The marking system for imported timber is part of a unified system of forest control: like domestic timber, imported logs are subject to identification, so that every consignment entering the market attests to its lawful status. A breach of the marking rules is therefore not a technical formality — it undermines the control system established by the state.
The elements of the offence
The elements are constituted by the breach of the requirements for the marking of imported timber determined by a resolution of the Government. The article regulates sanctions in two parts:
- part one — breach of the marking requirements — a fine of 1 000 lari;
- part two — the same conduct committed repeatedly — a fine of 2000 lari, with the confiscation of the timber.
The two sanctions operate separately: the first breach is punished with 1 000 lari, while a repeated one attracts 2000 lari and, additionally, the confiscation of the timber. Confiscation is provided for only under part two.
The significance of confiscation
Under part two, confiscation concerns the timber itself: in the event of a repeated breach, the timber in respect of which the violation was committed passes into state ownership together with the increased fine. The practical cost of repetition is therefore expressed not only in the growth of the fine but in the loss of the cargo itself. For an importer, compliance with the marking rules is thus a question of preserving the goods, not merely of avoiding a sanction.
What the article does not regulate
Article 128⁴ defines the elements of the offence and the sanctions. The specific marking procedure — with which marks, at which stage and with which accompanying documentation imported timber is to be marked — is established by a government resolution and must be studied separately. Likewise, the procedure of administrative proceedings — who draws up the protocol, which body examines the case and how a decision may be appealed — is governed by other provisions of the Code.
Practical aspects for importers
For an importer, risk management begins with a precise knowledge of the marking requirements: before each consignment arrives, it must be clear which requirements apply and who performs the marking. The second important element is internal control — separating marked from unmarked cargo and reacting to the first signs of a breach. Such an approach reduces the risk of both the first sanction and the repeated one, including confiscation.
The subject of liability
Article 128⁴ does not define a separate, specially named subject — the sanction is linked in general terms to the fact of the breach of the marking requirements. The circle of subjects of proceedings is governed by the general provisions of the Code, so in a concrete case it is precisely the alignment with those provisions that decides against whom liability may be imposed. In practice this is most often connected with the importer or with persons involved in the transit chain, but this circumstance must be established factually in each case.
The trade context
The marking of imported timber is an element of transparency in international trade circulation: without it, it is impossible to establish the origin of the logs that reach the market. A breach of the marking rules therefore simultaneously undermines state control and the conditions of a fair business environment — the assurance of equal rules among competitors. The essence of the sanction lies precisely in protecting that interest. For the importer it also means that organising the marking must be a built-in part of the logistics process rather than a subsequent decision: the plan for the movement of the cargo must from the outset provide where and how the marking takes place.
What to do during an inspection
If the cargo is already under control and a marking shortfall has been identified, the first step is to record the factual circumstances: which requirement was breached, who was responsible for the marking and what documentation accompanied the cargo. The second step is a legal assessment — a specialist will determine whether the case is a repeated one and what risks are connected with confiscation. Timely reaction at both stages significantly reduces the consequences. It is also worth bearing in mind that after the very first violation the risk zone changes: the logic of repetition comes into force, and every subsequent case is already assessed with the prospect of confiscation.
How Legal.ge can help
If a case connected with the marking of imported timber has arisen, it is important to establish precisely which requirement was breached and whether the case is a repeated one. The Legal.ge team will help you analyse the case materials, verify the qualification and address confiscation-related issues. We examine each case individually and use well-founded legal instruments.