Illegal entrepreneurial activity, specifically operating without a license or permit, is a crime that disrupts the state's economic order. In Georgia, certain activities (e.g., construction, energy, medical practice, gambling, securities) are subject to mandatory licensing. If a person conducts such activities without the appropriate right and thereby derives significant income or causes damage to the state/citizens, criminal liability arises (Article 192). Small-scale violations result in administrative fines, but the line between administrative and criminal liability depends on the amount of income received and the degree of damage.
The defense strategy in such cases aims to prove the legality of the activity or that the income amount is insufficient for criminal prosecution. Lawyers help businesses navigate the complex licensing maze and avoid sanctions.
What does the License Violation Defense service cover?
Business law attorneys offer:
- Legal qualification of activity: Determining whether the specific activity actually required a license under the Law on "Licenses and Permits."
- Financial audit: Calculating the amount of illegal income. Criminal liability arises only when "large amounts" (above a certain threshold) of income are obtained.
- Administrative proceedings: Interacting with regulatory bodies (e.g., Communications Commission, NBG) and appealing imposed fines.
- Assistance in obtaining a license: Legalizing the activity (post-factum), which can serve as a mitigating circumstance.
Common Scenarios
Charges often relate to:
- Construction business: Building without a permit or violating permit conditions.
- Medical field: Operating a clinic or cabinet without a license.
- Gambling: Organizing an online casino or betting shop without a permit.
- Financial sector: Issuing loans or currency exchange without registration/license.
Georgian Legislation
The issue is regulated by the Law on "Licenses and Permits" and Article 192 of the Criminal Code (Illegal entrepreneurial activity). The Administrative Offences Code is also relevant. Liability arises if the activity required a license/permit but was carried out without one, or if license conditions were violated.
Process Flow
The defense strategy includes:
- Audit: Studying business processes and organizing documentation.
- Negotiation: Cooperating with financial police or the prosecutor's office in exchange for compensation of damages.
- Court: Defense against criminal charges.
Why Legal.ge?
Unlicensed activity threatens the existence of a business. Legal.ge gives you access to lawyers versed in regulatory legislation and economic crimes. They will help you legalize your activity and minimize fines. Find a defender on Legal.ge.
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