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Made with in Georgia

  1. Services
  2. Administrative & Public Law
  3. Administrative Offences
  4. Land, Boundaries & Geodesy
  5. Damaging or destroying a state geodetic point (Art. 177⁹)

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Land, Boundaries & Geodesy

Damaging or destroying a state geodetic point (Art. 177⁹)

We damaged a geodetic mark during works. How much can the company be fined?

Under Article 177⁹ the fine for a legal entity is 500 to 1,000 lari, and for a natural person 200 to 500 lari. The exact figure within the range depends on the assessment of the authority, and whether that assessment is properly grounded can be checked.

The damage was accidental — is it still punishable?

The article addresses a breach of the protection rules followed by damage or destruction; it does not set out the forms of fault in detail, and that is a question for the proceedings. Do not treat the case as lost in advance — establishing the circumstances is done together with a lawyer.

The point was already damaged before we started. Am I liable?

The article contemplates a breach followed by damage or destruction, so the causal link is decisive. If the damage existed before your action, that is the central disputed fact of the case. It is established through documents and evidence, which is why preserving them matters.

How was I supposed to know a geodetic point was there?

The article does not regulate this question; the rules on recording points and on access to information about them are set by other normative acts. If this is central to your case, a lawyer will help you obtain and assess the relevant information.

4 min·...

What Article 177⁹ is and when it is applied

Article 177⁹ of the Georgian Administrative Offences Code protects state geodetic points — the external marks and underground centres that form part of the state geodetic network. The norm is built in two steps: first there is a breach of the rules for the protection of state geodetic points, and that breach must be followed by damage to or destruction of the external marks or the underground centres. If you have received a penalty decision under this article, the authority's position is presumably that your action damaged or destroyed a point, and that it did so in breach of those protection rules.

In practice such cases most often arise against the background of construction, land improvement or field work, when the ground surface is disturbed, marks are pulled down or someone attempts to move them. This page explains what the article says exactly, what fines it provides for natural persons and for legal entities, and where the boundary runs at which the text of the article stops and the concrete circumstances of your case begin.

What the offence consists of

Under the text of Article 177⁹, the offence exists when two conditions are met together. The first is a breach of the rules protecting state geodetic points. The second is a consequence visited on a specific object: the external marks or the underground centres are damaged or destroyed. Both conditions matter. If the protection rules were breached but the point remained intact, or if the point is damaged but no breach of the protection rules is proved, the case is more complicated than it looks at first sight — and that is precisely where a lawyer raises legitimate questions.

The protection rules themselves — what is forbidden within the zone of a point, at what distance and as to which actions — are not set out in detail in this article; they are established by other normative acts. Article 177⁹ contains only the sanction for the case in which a breach of those rules is followed by damage to or destruction of the point.

The fines: natural persons and legal entities

The sanction is differentiated by the type of offender. For natural persons the fine is 200 to 500 lari. For legal entities it is 500 to 1,000 lari. Note that these two ranges must be read separately: the article contains no merged bracket and no second, elevated step for a repeated commission. Whether repetition matters in a particular case is settled by the general norms of the Code, not by this article.

How the exact figure within those ranges is chosen is not explained in the article; it depends on the assessment of the imposing authority. Understanding the basis of the amount stated in your penalty document — and, where necessary, contesting it — is exactly the kind of work a lawyer does.

What Article 177⁹ does not say

The article is short, and it does not say who draws up the offence record, by when the fine must be paid, how and within what period the decision can be challenged, or how the fact of damage to a point is technically documented. All of that is governed by the general rules of procedure and by the normative acts of the relevant field. The practical conclusion follows: the article helps you understand what is punishable; in order to understand what you must do and how quickly, read the documents that came with the fine and do not postpone a consultation.

How a lawyer helps and what to bring

In this category of cases the lawyer's role is especially visible, because the offence is built on technical facts. Counsel will examine whether your action could amount to a breach of the protection rules at all; whether the fact of damage or destruction is established and causally linked to what you did; whether the sanction was correctly matched to the type of person; and whether the procedural rules were observed when the record was drawn up. For a consultation, bring:

  • the penalty decision or act, with all its attachments;
  • your identity document or the company's registration documents;
  • work documentation — contracts, projects, site journals — if the case concerns construction or field work;
  • photographs and other evidence of the condition of the point before your work began, if you have any.

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