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.
The special regime of electronic fine receipts
The electronic fine receipt issued by an officer of the Environmental Supervision Department is signed only by the issuing person; it is deemed delivered to the offender when it is printed out, and if you have an explanation, it is attached to the receipt. On election matters, the protocol of the National Communications Commission is signed only by the authorised representative of that commission; it is handed or sent to the offender, and where delivery is impossible it is published on the commission's website. These details matter because they show that the absence of your signature does not automatically invalidate the document.
Refusal to sign
If the person who committed the offence refuses to sign the protocol, an appropriate entry is made in it — the refusal itself is recorded. You have the right to submit an explanation and remarks to be attached to the protocol, and to state your motives for refusing to sign. A practical piece of advice: refusing to sign without a reason is often useless, whereas a concrete, documented remark — for instance about the time or the place — actually works in a subsequent dispute. When the protocol is drawn up, your rights and duties provided for by the Code are explained to you, which is noted in the protocol.
How Legal.ge can help you
The lawyers of Legal.ge will verify whether the protocol drawn up in your case satisfies the requirements of this article, help you formulate remarks and explanations correctly and, if necessary, raise a dispute on the ground of the protocol's defects. For a detailed consultation, contact us at Legal.ge.
How a defect works in a dispute
A defect of the protocol is one of the strongest arguments in your position: if essential data — the time, the place, the identification of the person, the essence of the offence or the ground of liability — are reflected incorrectly or incompletely, the subsequent proceedings prove the facts of the case only weakly. The right practical steps are therefore to keep a copy of the protocol, record your remarks immediately, preserve witnesses' contacts and consult a specialist in good time before the deadlines expire. The existence of a defect does not automatically decide the case in your favour — but it creates the foundation without which a dispute often fails.