The purpose of Article 114¹¹
Article 114¹¹ of the Code of Administrative Offences of Georgia governs the administrative liability of a port operator for the failure to maintain proper sanitary conditions on the infrastructure of the port territory and/or aquatoria. The norm aims to uphold sanitary requirements in the port environment, which directly affects the health of the people working in the port as well as environmental protection in the port area. Maintaining sanitary order is an integral part of the daily operational activity of any seaport.
A failure to maintain sanitary conditions means that the port operator does not ensure, on the territory of the port and/or on the infrastructure of its aquatoria, the state that is regarded as appropriate from a sanitary point of view. Such a violation is particularly sensitive because a port is a complex space of public and economic activity: cargo operations, transport movements and services for people all take place simultaneously, so a sanitary shortfall quickly affects the health of workers and the environment.
The precondition — a warning from the agency
An important feature of the article is that liability does not arise directly from the mere fact of an unsatisfactory sanitary state. The fine applies only where the port operator has received an appropriate warning from the public law legal entity — the Maritime Transport Agency — and, despite that warning, has failed to maintain proper sanitary conditions. The warning is thus a necessary precondition for the application of the sanction.
This construction gives the port operator an opportunity to correct the shortfall after the state has reacted and before a sanction is applied. If the sanitary conditions remain inadequate even after the warning has been received, the mechanism of administrative liability is set in motion. In practice, particular attention is therefore paid to whether the warning was actually received and duly formalised in the materials of the case.
The amounts of the fines part by part
The article regulates sanctions in two parts, which differ clearly from one another:
- part one — failure to maintain proper sanitary conditions on the territory of the port and/or on the infrastructure of its aquatoria after receiving an appropriate warning from the Maritime Transport Agency — a fine on the port operator of 10 000 lari;
- part two — the same conduct committed repeatedly — a fine on the port operator of 20 000 lari.
The two sanctions operate separately: the first violation is punished with 10 000 lari, while a repeated one attracts 20 000 lari. Repetition visibly increases the sanction, which underlines the importance the legislature attaches to sanitary discipline in ports. What counts as a repetition is not explained within this article — that question is governed by other provisions of the Code.
Who is the responsible subject
The fine is imposed on the port operator — the person who operationally manages the port territory and aquatoria and whose functions include ensuring an adequate sanitary state. It is this subject that receives the warning from the Maritime Transport Agency and that becomes the addressee of the fine if the warning is not heeded. Identifying the correct subject matters, because it determines against whom administrative proceedings may be initiated.
The Maritime Transport Agency, which under the article is a public law legal entity, appears in this norm as the source of the warning — a formal written form of state reaction to sanitary issues. The existence and the content of the warning in a concrete case must be established through the materials of the proceedings.
Consequences of non-payment
If a fine imposed for the administrative offence provided for by this article is not paid within the period determined by the Code, the offender becomes liable to a surcharge in double the amount of that fine. As a result, a fine left unpaid in time effectively grows: the amount payable is increased by a surcharge equal to twice the original fine.
If the fine and the surcharge remain unpaid within 30 days from the imposition of the surcharge, measures to secure their payment will be carried out against the offender under the procedure established by the legislation of Georgia. In practical terms, enforcement mechanisms are activated against the debt, which for a port operator means additional costs and an administrative burden on top of the original fine.
What the article does not regulate
Article 114¹¹ defines the elements of the violation, its precondition and the sanctions. The detailed content of the specific sanitary requirements, the procedure for issuing the warning, and the procedural aspects of administrative proceedings — who draws up the protocol, which body examines the case and how a decision may be appealed — are determined by other provisions. These circumstances must also be taken into account when a concrete case is assessed.
How Legal.ge can help
If your port operator entity has become involved in proceedings under this article, the fact that a warning was received, the correctness of its formalisation and the appropriateness of the qualification must all be verified. The Legal.ge team will help you analyse the case materials, assess the elements of the violation and defend your position. We provide quality legal support at every stage of administrative proceedings and apply an individual approach to each client.