The purpose of Article 128³
Article 128³ of the Code of Administrative Offences of Georgia governs liability for breaches of the technical regulation for an object of primary processing of timber — a sawmill. The technical regulation is determined by a resolution of the Government of Georgia, and the article protects its requirements: the procedure for recording information in the electronic log, the rules connected with the special seal, and marking requirements.
The norm consists of five parts: it responds with different sanctions to different forms of breach and, from the third part onwards, additionally provides for confiscation. For the qualification it is therefore decisive under which part the conduct is assessed.
Fines part by part
Article 128³ regulates sanctions in five parts:
- part one — breach of the established procedure for recording information/data in the electronic journal provided for by the technical regulation, breach of the rules for submitting the relevant application in the event of loss or damage of the special seal, breach of the established procedure or time limit for submitting the control seal, or its loss — a fine of 500 lari;
- part two — the conduct provided for by part one, committed repeatedly — a fine of 1000 lari;
- part three — breach of another requirement of the technical regulation (other than the cases provided for by parts one and two), or the placing of round timber (logs) on the territory of the sawmill without marking — a fine of 2 000 lari, with the confiscation of the illegal timber/tree and/or primary processed products obtained from it;
- part four — repeated commission of the conduct provided for by part three (except the placing of round timber without marking) — a fine of 4 000 lari, with confiscation;
- part five — commission, within 1 year of the imposition of an administrative penalty for the conduct provided for by part three or four, of the same conduct in connection with the non-use of the relevant accounting journal — a fine of 4 000 lari, with the confiscation of the illegal timber/tree and/or products and of the sawmill machines and equipment.
As can be seen, the sanctions differ clearly: the first breach starts at 500 lari, while repetition and more serious forms raise the fine to 1000, 2 000 and 4 000 lari and add confiscation.
The specifics of confiscation
Under parts three and four, confiscation covers the illegal timber/tree and/or the primary products obtained from it, while under part five it extends to the sawmill machines and equipment as well. The note to the article explains that timber is considered illegal where, in the cases provided for by a government resolution, it is not marked with the special seal according to the established procedure. Marking is thus the criterion that determines illegality.
Repetition and the one-year period
Part two refers to repetition in general terms, while part five fixes a separate period: the commission, within 1 year from the imposition of an administrative penalty for part three or four, of the same conduct connected with the non-use of the accounting journal triggers the heaviest sanction — 4 000 lari and the confiscation of both the products and the equipment.
What the article does not regulate
Article 128³ defines the elements of the breaches and the sanctions. The specific requirements of the technical regulation are established by a government resolution and must be studied separately, 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.
The role of journals and seals
The system of the technical regulation rests on two pillars: accounting journals and special seals. The electronic journal records the timber entering the sawmill and the products processed there, while the seal identifies the logs and their lawful origin. This is precisely why a breach of the journal rules and the loss or improper submission of a seal are assessed strictly — a gap in the accounting chain undermines the entire control system.
Practical recommendations for operators
For a sawmill operator, risk management can proceed in three directions: first, the continuous and timely maintenance of the electronic and accounting journals; second, the inventorying of special and control seals and a prompt reaction, by way of an application, to their loss or damage; third, the placing on the territory of only marked logs. Such an approach reduces both the risk of a sanction and the risk of confiscation, since only timber that is not marked according to the established procedure is considered illegal. Turning this organisation into part of the daily routine is the most effective prevention.
It is noteworthy that the sanction of part five — extending to the confiscation of equipment — is aimed precisely at the systematic neglect of the accounting system. Keeping the journals is thus not a formality: it creates the environment in which even other breaches are assessed more leniently.
How Legal.ge can help
Cases involving breaches of the sawmill technical regulation often have a complex factual composition: the fact of keeping the journals, the condition of the seals and compliance with the marking rules all matter. 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 plan defence measures based on the concrete facts. Where necessary, we will also assess how well-founded the raising of the confiscation issue is in the given case.