Asset forfeiture in Georgia reaches the enforcement stage through the Law of Georgia on Enforcement Proceedings. Confiscation as a sanction is imposed by the criminal or the administrative court; the enforcement law then determines which decisions are subject to execution and how the actual taking of property proceeds — seizure, inventory and realisation. This page explains that machinery under Articles 2, 40, 44, 45 and 49 of the law.
Which decisions on forfeiture are enforceable
Under subparagraph 'b' of Article 2, a court conviction in a criminal case that has entered into legal force, imposing a fine and/or deprivation of property on a natural and/or legal person as a penalty, is subject to execution under this law. Subparagraph 'b1' adds the conviction imposing on the person the obligation to pay compensation to the victim.
On the administrative track, subparagraph 'd' makes enforceable the court decision in an administrative-offence case that has entered into legal force, in the part imposing property payment and an administrative fine. The law thus distinguishes criminal confiscation, victim compensation and administrative property sanctions — but the machinery of execution is common to all of them. Among enforceable titles the law also lists the notarial act, the pledge certificate, an arbitration award, a decision of a foreign court and a decision of the European Court of Human Rights binding on Georgia.
Execution of deprivation and the seizure
Forfeiture begins with seizure of movable property: under the first part of Article 40, this means the description of the debtor's property, the declared prohibition of disposal — alienation, pledge, lease or rental — and/or transfer of the property for safekeeping, with the enforcement officer recording the items in the description-and-seizure act. Once the seizure is imposed, any transaction over the property is void, and any attempted disposal triggers liability under criminal legislation.
Seized money is immediately deposited into the deposit account of the National Enforcement Bureau; securities and valuables are kept in a specially allocated guarded room. Where a third person asserts a right over the property during the seizure, the item is still entered into the act with a note, and that person has the right to sue for release of the property from seizure. Where the third person presents a document confirming ownership, the enforcement officer, with the creditor’s consent, may strike the property from the act; fruit not yet detached from the soil may be seized until enforcement against immovable property takes place, but not earlier than one month before the harvest.
Property that cannot be taken
Under Article 44, all items of the debtor are subject to seizure except the property listed in Article 45, and this protection operates in confiscation cases too. Not subject to seizure are items necessary for life and professional activity; four weeks' food, fuel and lighting means for the family; small livestock in limited numbers needed for subsistence and a three-month supply of animal feed; farm implements needed for agricultural production; items necessary for earning income by one's work; targeted state assistance; and the property of persons registered in the database of socially vulnerable families, up to the statutory threshold.
The subsistence minimum is determined by separate legislation, and disputes about exemption from enforcement are examined in court. For the person subject to enforcement, this means confiscation cannot touch the essentials of existence — only what remains outside that list.
Realisation of confiscated property
Under Article 49, sums seized or paid by the debtor are transferred by the National Enforcement Bureau to the creditor after deduction of the fee and enforcement costs, while other items are sold publicly at auction. In a confiscation case the claim belongs to the state, so the proceeds of realisation serve the destination foreseen by the sanction.
Before an auction, the Bureau may let the debtor realise the property himself under its control, if the fee, the enforcement costs and the creditor's claims are thereby covered. The Bureau may also remove the seized item from the debtor's possession — this is how confiscation ends in the actual taking of the property.
Frequently Asked Questions
Below we explain the key questions about the execution of forfeiture.
Who imposes confiscation?
A criminal court by conviction imposing a fine and/or deprivation of property; an administrative court by decision imposing property payment and a fine.
Does confiscation reach essential household items?
No — property protected by Article 45 is not subject to seizure, including items necessary for life and profession and four weeks' food and fuel.
How is deprivation carried out in fact?
By seizure, inventory and the description-and-seizure act, followed by public auction; the item may also be removed from possession.
Who receives the proceeds?
The sum, after deduction of the fee and enforcement costs, is transferred to the creditor — in confiscation, the claim is the state's.
How We Help on Legal.ge
The Legal.ge team handles confiscation matters from both sides: we verify the enforceability of the decision, examine the legality of the seizure and defend the property protected by Article 45. If your property is subject to forfeiture or you need enforcement in the state's name, write to us on Legal.ge — we will assess every stage of the procedure and protect your legal interests.