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Made with in Georgia

  1. Services
  2. Administrative & Public Law
  3. Administrative Offences
  4. Penalty Enforcement & Appeals
  5. Suspending enforcement of an administrative penalty by filing a complaint (Art. 275)

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Penalty Enforcement & Appeals

Suspending enforcement of an administrative penalty by filing a complaint (Art. 275)

Does filing a complaint automatically stop my fine from being enforced?

Not always. Under Article 275, the suspensive effect belongs to a complaint filed within the established time limit and lasts until the complaint is considered. The article also carves out exceptions, including a fine imposed at the place of the offence and collected there and then.

I missed the deadline. Will enforcement still be suspended?

Article 275 ties the suspensive effect directly to a complaint filed within the established time limit. Meeting that deadline, and being able to prove you met it, therefore matters as much as the content of the complaint itself.

I already paid, and then my complaint was granted. Do I get the money back?

Paragraph 1¹ of Article 275 provides that where the complaint is granted the person is repaid the sums paid as a fine and as a surcharge, together with sums paid to compensate property damage under the procedure established by the Code. Keep every payment document.

My driving rights were suspended. Does the appeal period count towards the term?

No. Under paragraph 1² of the article, where the penalty is suspension of the right to drive a vehicle, the period suspended on the basis of Article 275 is not counted towards the total term of the penalty.

What changes on 31 August 2026?

Paragraph 1⁴ of Article 275 enters into force on that date. From then on, appealing rulings or fine receipts issued in cases under Articles 116 and 191 will no longer suspend their enforcement.

5 min·...

What suspension of enforcement by complaint means

When a ruling in an administrative offence case reaches your hands, two periods start running at the same time: the period for appealing it and the period for enforcing it. Article 275 of the Administrative Offences Code of Georgia governs the relationship between those two. Its core rule fits into a single sentence: a complaint filed within the established time limit suspends enforcement of the ruling until the complaint has been considered. In other words, while your complaint is pending, the penalty is not carried out. The decisive words are within the established time limit — the suspensive effect attaches only to a complaint filed in time. If the period has been missed, the mere fact of filing no longer stops enforcement by itself, and this is the single detail that most often goes unnoticed. The article does not itself set that period; it refers to the time limit established elsewhere in the Code, which is why the first thing to establish in any case is when your period began to run.

Which decisions are suspended

Paragraph 1 of Article 275 lists exactly what a timely complaint suspends: a ruling imposing an administrative penalty; a ruling on replacing one administrative penalty with another; a ruling on charging a surcharge; and the decision taken when an administrative offence case is considered on the spot under the procedure established by Article 234¹ of the Code. The list is specific, which means the first question to ask is not whether to appeal but what kind of act you are actually holding. The nature of the act determines whether filing a complaint will win you the pause you are expecting, or whether enforcement will simply continue alongside your appeal.

When enforcement is not suspended

The same paragraph sets out exceptions. Enforcement is not suspended in respect of rulings applying the penalties provided for by Articles 26 and 32 of the Code; in the cases covered by paragraph 1¹ of the same article; and where a person is fined at the place of committing the offence and the fine is collected there and then. Paragraph 1¹ is a rule of its own: appealing rulings issued in cases under Articles 208 and 208² of the Code does not suspend enforcement of rulings imposing an administrative penalty, replacing one penalty with another, or charging a surcharge. The law balances that with a refund mechanism: if the complaint is granted, the person is repaid the sums paid as a fine and as a surcharge, together with sums paid to compensate property damage under the procedure established by the Code.

Further rules in the article, and the prosecutor's protest

Several further paragraphs address particular situations. Under paragraph 1², where the penalty applied is suspension of the right to drive a vehicle, the period suspended on the basis of this article is not counted towards the total term of the penalty — the pause won by appealing does not consume the term you would otherwise serve. Paragraph 1³ concerns the ruling provided for by the note to paragraph 1 of Article 272: where it is appealed to court, the ruling adopted by the court enters into force upon its adoption, and appealing that ruling does not suspend its enforcement. The Code also contains paragraph 1⁴, which enters into force on 31 August 2026: once it does, appealing rulings or fine receipts issued in cases under Articles 116 and 191 will no longer suspend their enforcement.

Paragraph 2 provides a separate mechanism: the filing of a protest by a prosecutor suspends enforcement of the ruling until the protest has been considered. This route is independent of your own complaint and does not replace it, but if a protest has been lodged in your case it directly affects whether the penalty is carried out before the matter is heard.

What this means in practice, and where a lawyer changes the outcome

Article 275 is not a rule about how to draft a complaint. It only tells you what happens to enforcement once a complaint has already been filed in time. Practical work therefore reduces to three questions: what type of act you are challenging, whether it falls within the suspensive list, and whether it falls into one of the exceptions. The answers determine whether you get a pause or whether the penalty is enforced in parallel with your appeal. This is where representation changes the outcome. A lawyer establishes early whether the suspensive effect applies, and if it does not, warns you in advance that the sum will have to be paid or the penalty served while the dispute is still running — while preparing the refund question for the event that the complaint succeeds. Choosing the right strategy here usually means observing the deadline precisely rather than writing a more forceful complaint.

What to check

  • what kind of act you hold — a ruling, a fine receipt, or a decision taken on the spot;
  • which article of the Code the case was brought under, since the exceptions in Article 275 are tied to article numbers;
  • the deadline for filing the complaint and the evidence that you met it;
  • proof of payment, if a sum has already been paid and a refund may become relevant.

On Legal.ge you can find a lawyer specialising in administrative law who will assess whether your complaint suspends enforcement and help you keep to the deadline.

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