What Article 173⁴ of the Administrative Offences Code covers
Article 173⁴ of the Code of Administrative Offences of Georgia establishes administrative liability for failing to comply with a lawful demand of the Public Defender. The Public Defender is a state institution charged with the protection of human rights, and compliance with its lawful demands is imposed on the persons to whom those demands are addressed. Where such a demand is not fulfilled, this constitutes a separate administrative offence sanctioned by this article.
The article is short — it contains only the description of the offence and the sanction. On this page you will read what the norm means, what fine is established, and which questions the article does not answer at all; everything written here is anchored in the text of the norm itself.
What a „lawful demand“ means
The text of the article names the lawfulness of the demand as a necessary element: liability exists only where the demand was lawful. This is an important detail, because the examination of a case must establish not only that the demand was not fulfilled, but also that it was properly issued and rested on a competence provided by law. Where the lawfulness of a demand is doubtful, it becomes the central disputed point of the case, and assessing it is a lawyer's task.
In which form a demand must be presented, who may present it and within what periods — these details are governed by the legislation on the Public Defender and by the general rules of procedure, not by this article.
The fine: why it is expressed in minimal salaries
The sanction of Article 173⁴ differs from fines fixed in lari: the fine here is expressed as 20 to 50 minimum amounts of labour remuneration. This means the sum is not fixed in lari in advance — it is calculated from the current amount of the minimum labour remuneration, and the concrete figure within that bracket depends on the decision of the reviewing authority. Both matters — the assessment of the breach and the basis for selecting the amount — are therefore important in the case.
Note that the article contains no separate aggravated norm for a repeated commission: it establishes a single sanction, within the range of 20 to 50 minimal salaries.
What the article does not say
The article does not determine who draws up the offence record, by when the fine must be paid, or how the decision can be challenged — those matters are governed by the general norms of the Code. The documents received together with the fine are often decisive: it is precisely in them that the concrete deadlines and appeal routes of your case are stated.
How we can help
The lawyers of legal.ge will assess the lawfulness of the demand and the circumstances of its non-fulfilment, verify the case materials and the lawfulness of the protocol, defend you before the reviewing authority and prepare an appeal. For a consultation, bring the Public Defender's demand, the correspondence connected with it, the fine decision, and your identity or registration documents.
Why cooperation with the Public Defender matters
The institution of the Public Defender is a mechanism for the protection of human rights: its demands often serve the examination of complaints, the request of documents and the collection of evidence. That is why the legislature deemed it appropriate to treat the disregard of its demand as a separate offence. The practical lesson for persons addressed by the Public Defender is to start responding immediately: preparing a written answer, assembling the requested materials, or — where a demand is unclear — asking for clarification. A constructive answer, instead of silence, avoids both the fine and a substantive conflict.
Bear in mind also that liability exists only where the demand was lawful and was nonetheless not fulfilled. If performance was objectively impossible — for instance, the requested document did not exist in the person's possession — that circumstance must be recorded in the case with evidence. Such details change the assessment of the case entirely, and uncovering them is a lawyer's first task.
What to prepare for a consultation
The success of the case rests on a documentary foundation. Make sure you hold and present to the lawyer: the original of the Public Defender's demand, the date and manner of its receipt; your answer, or the reason for its absence; correspondence showing what steps you took; and the fine decision with its details. Each of these documents can become part of the grounds for an appeal.