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Made with in Georgia

  1. Services
  2. Administrative & Public Law
  3. Administrative Offences
  4. Penalty Enforcement & Appeals
  5. Serving administrative detention and use of the detainee's labour (Arts. 309, 310)

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Penalty Enforcement & Appeals

Serving administrative detention and use of the detainee's labour (Arts. 309, 310)

Where will the person actually be held?

Article 309 says the detention is served in a place determined by the Ministry of Internal Affairs of Georgia. The article does not name particular facilities, so the specific location is established from the case materials and from the executing body. The same article provides that a personal search is carried out when the decision is executed.

Does the time already spent in custody count?

Yes. Article 309(2) provides that the term of administrative apprehension is counted into the term of administrative detention. The consequence is that the time recorded in the apprehension protocol determines when the detention term ends, which makes an inaccurate time entry a substantive problem rather than a clerical one.

Will the person be made to work?

Article 310 states that persons subject to administrative detention are used for physical work. The article does not specify the kind of work or its duration; Article 309(3) refers the manner of serving detention to Georgian legislation more broadly, so the operating detail sits outside these two articles.

Does the employer keep paying wages during detention?

No. Article 310 provides that persons subject to administrative detention are not paid wages at their permanent place of work for the period of detention. This is worth raising while the penalty is still being decided, because it is a real financial consequence of the length of the term.

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Where administrative detention is served

Administrative detention is the penalty in the Administrative Offences Code of Georgia that restricts a person's liberty directly, and the Code sets out separately how it is carried out. Under Article 309(1), a person on whom administrative detention has been imposed serves it in a place determined by the Ministry of Internal Affairs of Georgia. The same paragraph states that when the decision on administrative detention is executed, a personal search of the detained person is carried out. Those two rules describe what happens in the first hours: transfer to a place the Ministry has determined, and a personal search at the point where execution begins.

The personal search is named in the Code as part of execution, so it is not in itself irregular. What matters is how it is recorded: which items were taken, who was present, and in what form those items are returned when the term expires. Those records are later the only objective basis for any complaint about the process, which is why obtaining copies of them on the first day is worth the effort it takes.

Time spent in apprehension counts towards the detention term

Article 309(2) contains what is often the most practically important rule in this part of the Code: the term of administrative apprehension is counted into the term of administrative detention. Time held before the court ruled is not added on top of the penalty — it forms part of it. This is why the exact hour and minute of the actual apprehension matters, and why the time recorded in the apprehension protocol is worth checking immediately. If that time is recorded incorrectly, or is not specified at all, a person can end up spending longer in conditions of restricted liberty than the penalty imposed on them actually provides for. Correcting the record is easier while the detention is still running than afterwards.

Physical work and wages — Article 310

Article 310 contains two rules. The first is that persons subject to administrative detention are used for physical work. The second is that during the period of detention such persons are not paid wages at their permanent place of work. For an employed person the second rule frequently produces a more tangible consequence than the detention itself: the days spent in detention are days without pay. That consequence is a reason to argue about the type and length of the penalty while the case is being heard, when saying so still affects the outcome, rather than after the decision has been executed.

The two rules belong together. Use on physical work is part of the regime; the loss of wages at the permanent workplace is its economic consequence. For someone in employment that makes documentary proof of the detention and its dates useful in a second relationship as well, because the reason for absence from work is the execution of a penalty rather than a personal choice.

The detailed regime is set outside this article

Article 309(3) states plainly that administrative detention is served under the procedure established by Georgian legislation. That referral has a practical consequence worth understanding before you look for answers in the wrong place: the specific details of the regime — internal rules, daily routine, how each step is documented — are not written into this article and are governed by other normative acts. If your complaint concerns the conditions of detention rather than the penalty itself, the answer sits in the legislation the article points to, and the complaint itself should be recorded in writing at the time rather than reconstructed later.

What a lawyer does at this stage

Once the penalty has been imposed, the work runs along two tracks. The first is challenge: the deadline for appealing a court decision on administrative detention, and the court that hears it, are fixed by a separate provision of the Code, and that provision has to be checked immediately, because once the period has run this route closes. The second track is supervision of execution: whether the apprehension time was properly counted into the detention term, whether the actual treatment matches the established procedure, and whether each step was documented in writing. Time is short on both tracks, so delay by itself narrows what can still be done.

The tracks also feed each other. An inaccuracy noticed during execution frequently becomes an argument on appeal, and the paperwork gathered for an appeal is the same paperwork that makes supervision of execution possible. Running them in parallel is more productive than treating the appeal as something that happens first and the rest as an afterthought.

What the family should do on the first day

The first day is the most valuable one, because factual detail is still easy to establish then and much harder to reconstruct a week later. The list below is the minimum that lets a lawyer engage with the case quickly.

  • record where, at what hour and by which body the actual apprehension took place;
  • obtain copies of the apprehension protocol and of the court decision;
  • contact a lawyer immediately, so that the appeal deadline is being tracked by someone;
  • keep every document relating to the personal search and to any items taken;
  • notify the employer of the reason for absence, since no wages are paid at the permanent place of work during the detention.

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