What Article 240 regulates
Article 240 of the Code of Administrative Offences of Georgia determines what must be recorded in the protocol of an administrative offence — the document on which the subsequent examination of the case is built. The norm does not itself establish an offence and provides no fine: it is a guide to procedure, governing the content of the protocol, its signatures and the steps to be taken when a signature is refused. Defects of the protocol are in practice a frequent ground of complaint, which is why knowing this article matters to you: on its basis you can argue whether the document was drawn up correctly or not.
What must be recorded in the protocol
The first part of the norm lists every essential element. The protocol records:
- the date and place of its drawing up;
- the position, first name, patronymic and surname of the person drawing it up;
- data on the identity of the offender, including the personal number or the taxpayer identification number;
- the place, time and essence of the commission of the administrative offence;
- the normative act providing for liability for that offence;
- the surnames and addresses of witnesses and victims, if there are any;
- the explanation of the offender and other information needed to decide the case.
Each of these items is essential: if, for example, the time or place is indicated incorrectly, the very elements of the offence become vague, and if the explanation is not recorded, your position is not reflected in the document at all. When you receive the protocol, check each item yourself: make sure that the right person is indicated as the offender, that the place and time correspond to reality and that the essence of the offence is described as it actually happened; where that is not so, note it immediately — proving it later is far harder.
Who signs the protocol
As a rule, the protocol of an administrative offence is signed by the person who drew it up and by the offender. Exceptions are the electronic fine receipt issued by an authorised person of the Ministry of Internal Affairs or by an authorised officer of the Environmental Supervision Department of the Ministry of Environmental Protection and Agriculture, as well as the protocol drawn up by the National Communications Commission in accordance with electoral legislation. Witnesses and victims may also sign the protocol if they are present. A separate form exists for protocols drawn up by the Ministry of Internal Affairs, approved by an order of the minister.