The purpose of Article 73
Article 73 of the Code of Administrative Offences of Georgia establishes administrative liability for the destruction or damage of forest drainage ditches, drainage systems and roads located on state forest land. The norm serves to protect the infrastructure of the state forest fund — the engineering and transport facilities on which the maintenance, protection and rational use of the forest depend.
The purpose of the article is clear: forest drainage ditches and drainage systems reduce waterlogging and support the natural regeneration of the forest, while forest roads serve both forestry operations and fire protection measures. Damaging these facilities harms the entire forest economy, which is why the legislature responds with an administrative sanction.
What counts as a violation
The text of the norm defines two forms of conduct — destruction and damage — and names three categories of objects to which it applies:
- forest drainage ditches located on state forest land;
- drainage systems;
- roads.
It is noteworthy that liability arises both where the object is completely destroyed and where it is partially damaged. As a result of the conduct, the object may become partially unusable or completely damaged — both situations fall under this article. The decisive factor is only that the damaged object exists on state forest land and belongs to one of the listed categories.
The amount of the fine
The commission of the administrative offence provided for by Article 73 entails a fine in the amount of 150 lari. This is the only sanction established by this norm: the text of the article provides neither an increased sanction for repeated commission nor confiscation or any other additional penalty.
150 lari is a comparatively small amount, but this does not mean that the question of restoring the damaged object disappears: the sanction is one form of administrative liability, while the questions of compensating the damage caused to the object are regulated separately. The real cost of the violation is therefore not limited to the amount of the fine.
What the article does not regulate
Article 73 defines only the elements of the offence and the sanction. The procedural aspects of administrative proceedings — who draws up the protocol, which body examines the case, within what time limits a decision may be appealed and what consequences follow from non-payment of the fine — are determined by other provisions of the Code. A correct assessment of a concrete case therefore requires the procedural provisions of the Code to be taken into account as well.
It should also be noted that the article does not itself describe the rules of forest management — it protects specific objects (ditches, drainage systems, roads) and attaches liability to their destruction or damage. Other rules of forestry activity are governed by other normative acts.
The importance of protecting forest infrastructure
The infrastructure of the state forest is an object of public interest: the stability of drainage ditches and systems determines the condition of the forest ecosystem, while forest roads determine the accessibility of forestry services. Damage to one object affects neighbouring areas in a chain reaction: a damaged drainage system causes waterlogging, and an unmaintained road complicates the movement of special equipment in the event of a fire. This is why the legislature attaches an administrative sanction to these acts, and the norm protects the physical integrity of the state forest infrastructure.
The subject of liability
Article 73 does not define a separate, specially named subject — the sanction is formulated in general terms and is linked to the fact of the destruction or damage of drainage ditches, drainage systems and roads. The circle of subjects of proceedings and the conditions of their liability are governed by the general provisions of the Code, so in a concrete case it is precisely the alignment with those provisions that determines against whom proceedings may be initiated.
The territorial criterion is also noteworthy: the norm protects objects located on state forest land, and this circumstance is a necessary element of the qualification. Accordingly, the case materials must establish that the damaged object was situated precisely on this category of land — without this, an assessment under this article becomes doubtful.
What to do if damage has already occurred
If an object of forest infrastructure has been damaged as a result of your activity, the first step is to record the factual circumstances: which object was damaged, to what extent, in what circumstances and who was involved. This information later becomes decisive both for the qualification and for the formation of a defence position. The second step is to obtain a legal assessment — a specialist will determine how far the facts correspond to the elements of the article and which steps are rational.
How Legal.ge can help
If proceedings under this article have been brought against you, it is important to verify the category of the damaged object and the circumstances in which the conduct took place. The Legal.ge team will help you analyse the case materials, check the qualification and protect your rights. We examine each case individually and plan defence measures based on the concrete factual circumstances.