The Essence of Article 174¹ and Its Scope
The freedom of assembly and manifestation is one of the fundamental values of a democratic society, but the exercise of this right takes place in compliance with the procedure established by law. Article 174¹ of the Administrative Offences Code of Georgia defines liability for the violation of the procedure for organizing and holding assemblies and manifestations. The provision covers different types of conduct: the blocking of the entrance to a court, the violation of requirements established by the Law of Georgia on Assemblies and Manifestations, repeated commission, and the failure to comply with binding instructions. The fines here are substantial and differ depending on whether the offender is an organizer. On this page we explain what sanction is provided for which conduct and how to act if administrative proceedings have already been initiated against you or your organization.
Blocking the Entrance to a Court
Under the law, the blocking of the entrance to a court, or the holding of an assembly or manifestation at the place of residence of a judge or in the common courts of Georgia, leads to a fine in the amount of 5000 lari or administrative arrest for a term of up to 60 days. This provision protects the inviolability of the court and the personal peace of judges, because the administration of justice must take place in an environment protected from external pressure. At the same time, the boundary between a protest action and a violation of this norm is often disputed, and this is exactly where space opens for the defense: the qualification of the conduct must rest on precise facts, a properly drafted protocol, and objective evidence. Whether a person actually blocked an entrance, whether the action took place at the place of residence of a judge, and whether the protocol reflects the real circumstances are all questions that must be verified in every case.
Violation of the Basic Requirements Established by the Law
Under the article, the violation of the norms provided for by the Law of Georgia on Assemblies and Manifestations leads to a fine in the amount of 5000 lari or administrative arrest for a term of up to 15 days, with the confiscation of the subject of the offence, and where the offender is an organizer, to a fine in the amount of 15000 lari or administrative arrest for a term of up to 20 days, likewise with confiscation. Under this norm, a violation is any departure from the procedure for organizing and holding assemblies and manifestations established by the special law. It is particularly important here that the accusation point precisely to which requirement was breached and how. General formulations are not sufficient, and the defense has the right to demand concreteness both in the protocol and in the decision. The distinction between participants and organizers is also decisive, because the sanction for organizers is several times higher, and the factual basis for recognizing organizer status must be proven separately.
Repeated Commission and Aggravated Liability
The law strictly regulates repeated commission. Where a person already subjected to an administrative penalty for conduct under this article again commits a violation of the basic rules, the offender faces a fine in the amount of 5000 to 10000 lari or administrative arrest for a term of up to 25 days with confiscation, and where the offender is an organizer, a fine in the amount of 15000 to 20000 lari or administrative arrest for a term of up to 60 days with confiscation. A separate provision concerns the violation of certain individual requirements established by the law: such a violation leads to a fine in the amount of 2000 lari or administrative arrest for a term of up to 7 days with confiscation, and its repeated commission to a fine in the amount of 2000 to 5000 lari or administrative arrest for a term of up to 20 days with confiscation. The rule of repetition under this article is special, and the general rule of repetition established by another norm of the Code does not extend to it. This means that the entire construction of repetition must be verified with particular care, including the legal force of the earlier decision.
Failure to Comply With Instructions and Violation of Conduct Rules
Under the law, the failure to comply with instructions that are binding for execution, where this caused a violation of public safety and order, of the normal functioning of state and public bodies, enterprises, institutions, and organizations, of transport or the unimpeded movement of people, or of the rights and freedoms of a person, as well as the violation of the procedure for organizing and holding an assembly or manifestation established by the law, leads to administrative arrest for a term of up to 15 days with confiscation, and where the offender is an organizer, to administrative arrest for a term of up to 20 days with confiscation. In the special case defined by another norm of the Code, the offender is subject to a fine in the amount of 5000 lari, and an organizer to a fine in the amount of 15000 lari. Where certain individual norms of the law are violated, administrative arrest for a term of up to 60 days may be applied, and in the same special case again a fine of 5000 lari, and for an organizer 15000 lari. As can be seen, the same factual situation may receive different qualifications, and the selection of the correct norm directly affects the outcome of the case.
Additional Consequences: Weapons, Expulsion, Unpaid Fines
For the commission of the administrative offence provided by this article, a person is deprived of the right to carry a weapon for a term of up to 3 years. With respect to a foreigner, expulsion from Georgia and a ban on entry into Georgia for a term of up to 3 years may be applied. In addition, the law defines the consequence of non-payment of a fine: where the imposed fine has not been paid in the procedure established by the legislation, in cases of repeated commission or violations of certain individual norms, the fine is no longer applied and the person is subject to administrative arrest for not less than half of the maximum term of the respective sanction. This means that a deferral of the fine effectively turns into arrest, and therefore the financial situation of the person must also be taken into account when the penalty is imposed. All of these consequences operate in addition to the basic sanction and must be explained to the person at the stage of consideration of the case.
Defense Strategy and the Importance of a Lawyer
In cases connected with assemblies, the first task of the defense is to verify the qualification: often one norm is indicated in the protocol, while another is applied to the same facts. The second task is to establish organizer status, because the fines for organizers are significantly higher and this status must be proven. The third direction is to verify the sign of repetition and to analyze the legal force of the earlier penalty. The circumstances connected with the failure to comply with instructions are also verified: as a rule, this norm can be applied only where the non-compliance caused the consequences named in the law. Each of these questions requires serious analysis of documents, video materials, and witness testimony. A lawyer experienced in administrative proceedings will help you both at the consideration stage and in appealing the decision, and will defend your right of assembly within the boundaries of the law.