Enforcement of deprivation of the right to hold a position or carry on an activity
When a convicted person has been deprived, as a penalty, of the right to hold a position or to carry on an activity, the Georgian law on the enforcement of non-custodial penalties and probation regulates the enforcement of this prohibition through a probation officer. The officer makes an appropriate entry in the convicted person's labour book, indicating the period determined by the court — the time during which the person is prohibited from holding the respective position or carrying on the activity. Throughout the enforcement period the officer periodically controls whether the convicted person complies with this prohibition.
If the officer establishes that the convicted person holds a position, or carries on an activity, prohibited by the legal act, the officer sends a proposal to the official responsible for providing the work: either to dismiss the convicted person from the position held, or to prohibit the activity indicated in the legal act. The proposal must be accompanied by a warning about the criminal liability to be expected for non-fulfilment of the legal act or for obstructing its enforcement — the employer must be clearly informed of the consequences of inaction.
If the official responsible for providing the work does not, within one week of receiving the officer's proposal, dismiss the convicted person from the position held or change that person's sphere of activity, the relevant materials are forwarded to the prosecutor's office. The law thus provides a clear reaction to an employer's inaction.
Enforcement of community service
Upon receipt, for enforcement, of a legal act on the assignment of community service, the probation officer sends a request to the relevant body of local self-government and governance to determine the type of such work and the convicted person's workplace. It is the local body that determines the type and place of the work on the basis of the enforceable act — the probation system itself does not decide this question.
The request must indicate the total period of community service determined by the court and the daily duration of such work. As to the latter, the law itself lays down no figures: the daily duration is established by the Criminal Code, so at the enforcement stage it is not determined anew but applied as already established. This circumstance matters to the convicted person: it is the Code's provision that answers the question of the exact length of the working day.
Enforcement of corrective labour
After receipt, for enforcement, of a legal act on the assignment of corrective labour — and likewise when the convicted person moves to another workplace — the probation officer sends the convicted person's employer a request concerning the deduction from the salary, into the state income, of the amount corresponding to the percentage established by the court. The specific percentage in each case is determined by the court's decision, and the enforcement body does not alter it.
The request sent to the employer must indicate the criminal liability to be expected for non-fulfilment of the legal act or for obstructing its enforcement — just as in the case of deprivation of a right. The officer controls the correctness of the employer's deductions from the salary into the state income and, where a corresponding ground exists, sends materials to the prosecutor's office.
If, in the course of serving the sentence, the convicted person is dismissed from work at the employer's initiative, the probation officer applies to the relevant employment service with a request to provide the convicted person with a workplace. The convicted person is informed immediately of any offer of an available workplace — the law requires prompt notification here.
Change of place of residence
If, by its act, the court imposes on the convicted person the duty not to change the place of residence without the consent of the body enforcing the sentence, the convicted person's application concerning such a change is examined, and decided on, by the chief of the probation bureau. Accordingly, if such a duty has been imposed on you, your intention to change your place of residence must be declared to the bureau chief by application — no other consent or document is provided for by the law in this procedure.
Warning to a convicted person whose sentence has been deferred
If a convicted person for whom the court has deferred the serving of the sentence refuses a child or evades the child's upbringing, the probation officer warns that person in writing about the possible consequences of such conduct, and an appropriate protocol is drawn up. The content of the consequences themselves is not described by this norm — they are determined by other legislation, so the warning is given in general terms, but its written form and the drawing up of a protocol are mandatory.
Deprivation of a legal entity's right to carry on an activity
In enforcing a legal act on deprivation of a legal entity's right to carry on an activity as a penalty, the probation officer takes measures to record, in the registration data of the respective legal entity, the type of activity prohibited and the period of that prohibition. The entry is made precisely in the registration data so that the prohibition is visible to everyone who deals with the legal entity — including state bodies and counterparties.
What these enforcement rules have in common
What is common to all the situations described is the leading role of the probation officer: it is the officer who makes the entry in the convicted person's labour book, applies to the local self-government and governance body, to the employer or to the employment service, and then controls the result. Applications addressed to employers are accompanied by a warning about non-fulfilment of the legal act or obstruction of its enforcement, and where the employer remains inactive or the deduction rules are violated, the materials are forwarded to the prosecutor's office. From the convicted person's side, the law regulates only the examination of an application to change the place of residence — the decision on that application is left to the chief of the probation bureau.