Article 64² of the Administrative Offences Code of Georgia establishes administrative liability for damaging a shelterbelt (field-protection belt) and for unlawfully felling trees in it. Shelterbelts are an important element in the protection of agricultural land — their role is reflected in their very name: they protect fields from wind currents. On this page we describe all three parts of the article, the amounts of the fines, how damage and felling are assessed, why the protection of such belts is at the centre of the legislature's attention, and what deserves attention in the hearing of a case.
Damaging a tree in a shelterbelt
Under the first part of the article, damage in a shelterbelt (field-protection belt) to a woody plant — a tree — which may cause the cessation of its growth entails a fine of 500 GEL. This means that liability arises not only for the destruction of a tree but also for damage that carries the risk of stopping its growth. The criterion of the damage is directed precisely at the consequence: if the tree sickens or stops growing because of the damage, the breach is considered committed.
Repeated commission
The second part of the article determines an aggravated consequence: the act provided for by the first part, committed repeatedly, entails a fine of 2 000 GEL. Such escalation shows that the legislature treats systematic breaches much more strictly than a one-off mistake: on a second commission the fine increases fourfold.
Unlawful felling
Under the third part of the article, the unlawful felling of a woody plant in a shelterbelt (field-protection belt) entails a fine of 1 000 GEL. Felling is the clearest breach: the complete destruction of a tree in a shelterbelt directly destroys the protective function of the belt. The sanction is accordingly intermediate — higher than for damage, but lower than for repeated damage.
Why the law protects shelterbelts
The protection of shelterbelts is conditioned by three reasons:
- they protect the soil from wind erosion and reduce the loss of the fertile layer;
- they create a microclimate that helps agricultural crops;
- their restoration takes years — a destroyed belt is compensated only over a long period.
That is why the legislature treats damage to and felling of trees in a shelterbelt as separate offences and sets a specific sanction for each.
How damage is assessed and what counts as unlawful felling
In applying the first part, orientation towards the consequence of the damage is important: the case materials must show that the damage to the tree in the shelterbelt could have caused the cessation of its growth. Establishing this often requires special knowledge — a scientifically grounded conclusion on how the damage affects the vegetation of the tree. For the qualification under the third part, the lawfulness of the felling is decisive: felling is unlawful where it is not based on the respective right or the established procedure. Accordingly, the two main avenues of defence are verifying the consequence of the damage and verifying the lawfulness of the felling.
Procedural aspects and defence
In the hearing of the case, pay attention to the following questions: whether the status of the shelterbelt was officially recorded and whether it covers the particular plot; who drew up the protocol and with what competence; how the fact of the damage or felling was recorded; and whether the time limits for hearing the case were observed. These details are often decisive: a procedural violation destroys the fine just as effectively as a factual error. Where repetition is qualified, verify whether there is a lawful basis for the establishment of the earlier penalty — it is on this that the aggravated 2 000 GEL sanction rests.
Remember also that the function of a shelterbelt is systemic: even the loss of a single tree affects the overall protective effect of the belt. That is why the legislature establishes separate sanctions here, and in practice such cases are considered with care.
In forest relations administrative liability carries a preventive function: a fine is not a goal but an instrument that directs attention to the managed and recorded order of forest resources. A forest is a natural resource whose restoration takes time, which is why the legislature attaches great importance to procedural discipline. Every breach leaves a two-sided consequence: on the one hand the ecological harm grows, on the other the legal risk of the person increases. Therefore, when working on forest matters, the documentary fixation of every procedural step is the best prevention: a properly executed document is the strongest means of defence and plays a decisive role even where a fine has already been imposed.
Conclusion
Article 64² creates a three-tier system of sanctions: damage to a tree in a shelterbelt carrying the risk of stopping its growth — 500 GEL; repeated commission — 2 000 GEL; and unlawful felling — 1 000 GEL. Every action in relation to a shelterbelt must be checked in advance for lawfulness. If you need an assessment of the lawfulness of a fine, the specialists at Legal.ge will help you analyse the case file.