What fine is provided for taking part in a procurement under a conflict of interest?

Under the first part of Article 165¹³, the responsible person is fined GEL 1,000.

What happens if the same violation is repeated?

The same act, committed within one year of the imposition of an administrative penalty for such an act, is punishable by a fine of GEL 2,000.

What is a conflict of interest in the context of this article?

The article itself does not define the concept — the meaning of a conflict of interest is determined by the legislation governing public procurement, and in a concrete case its existence depends on the factual circumstances.

Who examines the case and how can it be appealed?

These matters are not regulated by this article — the drawing up of the protocol, the examination procedure and the appeal process are determined by other provisions of the Code.

Taking part in a public procurement under a conflict of interest (Art. 165¹³)

Article 165¹³ and its purpose

Article 165¹³ of the Code of Administrative Offences of Georgia establishes administrative liability for taking part in a public procurement while a conflict of interest exists. The norm protects the integrity of the procurement process: procedures must run in an impartial environment, and personal or group interests must not influence decisions concerning the expenditure of public resources. A conflict of interest is one of the most sensitive risks in procurement, because it can covertly distort the competitive environment; for that reason the legislator treats participation in a procurement despite such a conflict as a separate offence.