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 government resolution, and the article protects its requirements: recording information in the electronic log, the rules connected with the special seal, and marking requirements.
The norm has five parts: different sanctions for different forms of breach and, from the third part onwards, 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 procedure for recording information in the electronic journal, breach of the rules for submitting an application on loss or damage of the special seal, breach of the 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 parts one and two), or placing round timber (logs) on the sawmill territory without marking — a fine of 2 000 lari, with confiscation of the illegal timber and/or primary processed products;
- part four — repeated commission of the part-three conduct (except placing round timber without marking) — a fine of 4 000 lari, with confiscation;
- part five — commission, within 1 year of an administrative penalty for part three or four, of the same conduct connected with the non-use of the accounting journal — a fine of 4 000 lari, with confiscation of the illegal timber and/or products and of the sawmill machines and equipment.
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 and/or primary products obtained from it; under part five it extends to the sawmill machines and equipment as well. The note explains that timber is illegal where, in cases provided for by a government resolution, it is not marked with the special seal in the established procedure. Marking is thus the criterion that determines illegality.
Repetition, the One-Year Period and the Limits of the Norm
Part two refers to repetition in general terms, while part five fixes a separate period: the same conduct, within 1 year of a penalty for part three or four, connected with the non-use of the accounting journal, triggers the heaviest sanction — 4 000 lari and the confiscation of both products and equipment.
Article 128³ defines the elements of the breaches and the sanctions. The specific requirements of the technical regulation are established by a government resolution, while the procedural aspects — 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.
For a sawmill operator, risk management proceeds in three directions: continuous and timely maintenance of the electronic and accounting journals; inventorying of special and control seals with a prompt application on their loss or damage; and placing only marked logs on the territory. 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.
Frequently Asked Questions
What is the fine for breaching the technical regulation?
Part one — 500 lari; repeated — 1000 lari; part three — 2 000 lari with confiscation; parts four and five — 4 000 lari, also with confiscation.
Which actions are assessed under part one?
Breach of the electronic journal recording rules, of the application rules on loss or damage of the seal, and of the procedure or deadline for submitting the control seal.
What is subject to confiscation?
Under parts three and four — illegal timber and primary processed products; under part five — these and also the sawmill machines and equipment.
When is timber considered illegal?
According to the note — where, in cases provided for by a government resolution, it is not marked with the special seal in the established procedure.
What period is connected with part five?
Commission of the part-three or part-four conduct within 1 year of the penalty, in connection with the non-use of the accounting journal.
How We Help on Legal.ge
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, assessing where necessary how well-founded the confiscation issue is.