What Article 153⁶ of the Administrative Offences Code covers
Article 153⁶ of the Code of Administrative Offences of Georgia establishes administrative liability for outdoor trading on the territory of the Tbilisi municipality without the corresponding permit. The norm is of local scope and applies only within the Tbilisi municipality. Its point is simple: trading in outdoor spaces without a permit is not allowed, and a breach of that rule is sanctioned — with a fine and with the confiscation of the object of the offence, that is, of the goods offered for sale.
The article is built of five parts, and the sanction grows stricter with the circumstances: disobedience, repetition and the use of a vehicle are each separate aggravating factors. The qualification of the case is therefore the first question that must be settled.
The basic offence and its sanction
The first part defines the basic offence: outdoor trading on the territory of Tbilisi without the corresponding permit. For this, a physical person and/or a legal person is fined 50 GEL, with confiscation of the object of the offence. The sanction thus has two components: a monetary fine and the taking of the goods.
Disobedience and its consequence
The second part addresses the same act where it is connected with disobedience to a lawful order or demand of an authorised person: the fine is then 200 GEL with confiscation, or administrative imprisonment for up to 7 days with confiscation. A note to the article explains what disobedience means: the failure to present an identity document or other identification data, or the failure to comply with a verbal instruction given to stop the continuing offence. The practical conclusion is straightforward: a conflict with an inspector sharpens the sanction from 50 GEL to 200 GEL or even to arrest.
Repetition and trading from a vehicle
The third part punishes a repeated commission of the act described in the first part with 300 GEL and confiscation. The fourth part sets a separate, much higher tier for the case where the trading is carried out using a vehicle, a trailer attached to it or any other mobile means: the fine is then 1,000 GEL with confiscation of the goods. Where such an act is connected with disobedience, the fifth part provides a fine of 2,000 GEL with confiscation, or imprisonment for up to 7 days with confiscation.
The question of confiscation
The notes to the article lay down two important rules on confiscation. First: release from administrative liability and the application of a verbal warning do not relieve the violator of confiscation of the object. Second: where the violator himself cannot be identified upon discovery of the offence, the object is confiscated all the same. The manner of disposing of property received through confiscation is determined by the representative body of the Tbilisi municipality.
How we can help
The lawyers of legal.ge will assess the qualification of the act — under which part of the article the case should fall — verify the facts concerning the permit and the alleged disobedience, defend you before the reviewing authority and prepare an appeal. For a consultation, bring the penalty act, any documents connected with a permit (if you hold one), a description of the goods, and your identity or registration documents. And remember: continuing to trade after the breach raises the risk of repetition, and repetition sharply increases the sanction.
What a trader should know and how to stay protected
The first and principal rule: begin outdoor trading only when you hold the corresponding permit. The procedure for issuing permits is determined by the Tbilisi municipality, and the existence of a permit is the first mitigating or excluding factor in a case. The second rule: when contacted by an inspector, always present an identity document and comply with a verbal instruction — disobedience multiplies the sanction several times over. The third rule: before trading from a vehicle, make sure that form is allowed by your permit — the fourth and fifth parts set sharply higher fines precisely for that form.
When the case is examined, pay attention to the factual circumstances described in the act: where the trading took place, under which part the act was qualified, and whether and how disobedience was recorded. In practice it is common for an act to be qualified under a stricter part than the facts warrant — and that is precisely the most fruitful direction for an appeal.