What Article 114¹⁰ regulates
Article 114¹⁰ of the Code of Administrative Offences of Georgia establishes administrative liability of a port facility for failure to comply with a warning issued by the Maritime Transport Agency. The warning in question is issued by that public law legal entity with respect to the observance or violation of the rules on the organisation of works, training and/or briefing on the territory of the port. The norm thus makes it clear that a regulator's written demand is not a mere recommendation: if the port facility does not comply with it, quite heavy financial liability follows.
What follows from non-compliance with the warning
If the port facility does not comply with the Agency's warning, then under the first part of the article it is fined 10,000 GEL. The same act committed repeatedly is assessed particularly strictly: in that case the fine doubles and amounts to 20,000 GEL. This structure reflects the legislator's logic — the warning is the last opportunity to remedy the violation voluntarily, and if that opportunity is not used, liability grows sharply.
Who is the liable person
The subject of liability under this norm is precisely the port facility — the organisation that carries out works, training or briefing on the territory of the port. This means that the fine is not directed at individual employees: it falls directly on the organisation that must ensure compliance with the requirements set out in the warning. For the management of a port facility this is a further essential accent: correspondence with the regulator must not remain merely the function of the legal department, since non-compliance directly reduces the budget by 10,000 or 20,000 GEL.
The surcharge when the fine is not paid
The note to the article contains an additional guarantee: if the fine imposed under this article is not paid within the period determined by the Code, the offender is charged a surcharge of twice the amount of that fine — an unpaid fine of 10,000 GEL accordingly triggers a surcharge of 20,000 GEL. If, within 30 days from the imposition of the surcharge, the fine and the surcharge still remain unpaid, measures to secure payment are carried out against the offender in the manner established by Georgian legislation. The practical conclusion is clear: paying the imposed sum on time is by far the cheapest way out.
Why the warning is an important instrument
The institute of the warning plays a significant role in the maritime safety system: it gives the regulator the possibility to halt a violation before a fine and to give the port facility time to remedy it voluntarily. The rules on the organisation of works, training and briefing in a port do not exist as a formality — they protect people's lives and the environment, which is why their disregard is treated as seriously as other breaches of maritime safety. If your organisation receives such a warning, the reaction must be immediate and documented: a record of the fulfilled requirements will be of decisive importance when the case is subsequently examined.
How to act when a warning is received
From a practical point of view it is recommended to follow a simple but disciplined algorithm. First, check the formal side of the warning: in whose name it is issued, what requirement it contains and what deadline is set. Second, pass the document to the structural unit responsible for the particular matter, and not only to the legal department: the organisation of works, training and briefing are operational processes. Third, draw up a plan of compliance and its evidence — registers, records, photographic material, signatures. Fourth, communicate the answer to the Agency officially and keep a record of the delivery. These four steps minimise the risk of a second fine and give you the best position in the event of a dispute.
It is equally important to build the process systemically: a warning that arrives once frequently signals a deeper defect in the internal procedures of the organisation. An internal audit of how work on the port territory is organised, how training and briefing are recorded, and who is responsible for communication with the regulator, usually costs a fraction of the amount of a single fine and removes the very cause of future claims.
How Legal.ge can help you
The lawyers of Legal.ge will examine the legality of the warning and of the fine, verify compliance with the deadlines and represent you in the administrative proceedings. If a surcharge has already been imposed on you, we will assess the correctness of its calculation. For a detailed consultation, contact us at Legal.ge.