Administrative Liability in the Sanitary Sphere
Public health protection is a priority function of the state, and the legislation establishes sanitary-hygienic and sanitary-anti-epidemic rules and norms for this purpose. Article 43 of the Administrative Offences Code of Georgia defines liability for the violation of these rules and norms. These provisions apply to natural persons, legal persons, and institutions alike, and their violation leads to an administrative fine. If you or your business has become a party to a case connected with sanitary supervision, it is important to know your rights, the boundaries of the fines and who is authorized to hear the case — exactly the questions explained on this page, while a conclusion on a specific case requires consultation with a lawyer.
What Conduct Counts as a Violation Under Article 43
Article 43 uses a broad formulation: a violation is any breach of the sanitary-hygienic and sanitary-anti-epidemic rules and norms. Liability is thus not limited to a specific list of actions but covers all cases where a person fails to comply with the rules of this sphere — hygienic requirements, anti-epidemic measures and other sanitary standards. The provision extends to very different sectors, from industrial facilities to retail and food establishments. In each specific case it is decisive for the defense to establish which concrete rule was breached and whether a violation existed at all, because an act of a supervisory body may contain inconsistencies that undermine the entire case. Careful reading of the inspection documents at an early stage often changes the picture fundamentally.
Fines for a First and a Repeated Violation
The law sets the fine differently for natural and legal persons: a violation of the sanitary-hygienic and sanitary-anti-epidemic rules and norms leads to a fine of fifty lari for a natural person and one hundred lari for a legal person or an institution. This difference reflects the legislator's approach, under which organizational forms bear greater responsibility for public health. However, the imposition of a fine is not automatic: the case must be heard in the procedure established by law, and the person has the right to contest both the fact of the violation and the amount of the fine. The hearing stage is where the defense position is first presented in a structured way, and its quality directly affects the outcome.
The same conduct, committed repeatedly within one year, leads to a fine of two hundred lari for a natural person and five hundred lari for a legal person or an institution. The sign of repetition requires the new violation to fall within the one-year period, and in defense practice errors are frequent exactly in its calculation: sometimes the previous case is still under consideration, or its legal force is doubtful, in which case repetition cannot be established and the basic rule applies. Therefore, whenever a new violation is imputed, a full check of the history of previous cases is necessary.
Who Hears Cases of This Category
Article 221 determines who hears cases of this category. The bodies and institutions exercising state sanitary supervision consider administrative offence cases provided for by the first part of Article 43; the right to hear cases and impose an administrative penalty belongs, in their name, to the Chief State Sanitary Doctor of Georgia and his deputies, to the chief state sanitary doctors of the autonomous republics of Abkhazia and Adjara and their deputies, and to the chief state sanitary doctors of cities and districts and their deputies. The competence of the hearing body is thus precisely defined by law, and its excess is a serious argument for the defense. Checking whether the official who signed the decision held the relevant powers is a standard and productive step in building the defense.
Defense Opportunities and the Role of a Lawyer
In sanitary cases the defense has broad opportunities: the formal verification of the act and the protocol, where gross inconsistencies usually appear; the factual existence of the violation, which must rest on objective evidence; and the sign of repetition, with an analysis of the legal status of previous cases. In addition, the competence of the hearing body and the correctness of the amount of the fine in comparison with the boundaries established by law must always be checked. Each of these directions requires systematic work with documents, and that is where a lawyer's involvement is particularly valuable: he protects your interests both at the hearing and on appeal and helps avoid mistakes that could cost significant sums and reputational losses.
Frequently Asked Questions
What fine faces a natural person for violating sanitary rules?
A natural person is fined fifty lari for violating the sanitary-hygienic and sanitary-anti-epidemic rules and norms, and two hundred lari for a repeated violation within one year.
What fine is set for a legal person or an institution?
One hundred lari for a first violation, and five hundred lari for a repeated violation within one year.
Who is authorized to hear these cases?
Under Article 221, they are heard by the bodies and institutions of state sanitary supervision; the right to impose penalties belongs to the respective chief state sanitary doctors and their deputies.
Can the fine be appealed?
Yes. You may contest both the fact of the violation and the amount of the fine. The procedure and deadlines are determined by other provisions of the legislation, so a lawyer's help is advisable.
How We Help on Legal.ge
The Legal.ge team approaches sanitary-rule cases with attention to every detail: we examine the act and the protocol, the sign of repetition, the competence of the hearing body and the correspondence of the fine to the statutory limits. Get qualified assistance with consultation, hearings and appeals on Legal.ge.