Challenging regulatory orders is a critical legal tool for businesses and citizens obligated by state agencies to perform, cease, or refrain from certain actions. Unlike monetary fines, a regulatory order (such as refusal of a license, suspension of activity, demolition order) often carries much more severe consequences and can lead to the complete paralysis of a business. In Georgia, state bodies frequently issue individual administrative-legal acts that violate the principle of legality or disproportionately restrict a person's rights. Appealing such orders requires immediate response, as it is often necessary to urgently suspend the operation of the act through the court to avoid irreparable damage. Legal.ge allows you to connect with administrative law specialists who have successful experience in annulling such orders.
Within this service, lawyers provide comprehensive defense, which includes:
- Audit of the administrative act: Checking the legality of the order, analyzing formal and material grounds (authority, reasoning, procedure).
- Suspension of the act: Filing a motion in court to suspend the operation of the appealed act until the dispute is resolved (interim measure).
- Administrative complaint: Submitting a substantiated complaint to the superior administrative body demanding the annulment of the act.
- Court litigation: Filing a lawsuit demanding the annulment of the administrative act or the obligation to issue a new act.
- Damages: If the regulatory order has already caused damage, claiming appropriate compensation from the state.
- Negotiation with the regulator: Achieving a compromise solution that allows the business to continue operations while correcting deficiencies.
Challenging regulatory orders is relevant in many situations. For example, the National Bank may revoke a currency exchange license due to a minor violation. A municipality might issue an order for the demolition of a building deemed illegal. The National Food Agency might suspend a factory's operations on suspicion of violating hygiene standards. Environmental supervision might demand a halt in production due to violation of environmental impact permit conditions. The Competition Agency might require a company to terminate certain contracts. In all these cases, enforcing the order could mean the end of the business, so legally challenging it is vital.
In Georgia, appealing administrative orders (acts) is based on the General Administrative Code of Georgia, which sets standards for the preparation, issuance, and reasoning of an act. If an act is issued in violation of the law, with excess of power, or without proper investigation, it is void. Court disputes proceed according to the Administrative Procedure Code of Georgia. Specific sectors are governed by sectoral laws: the Law of Georgia on Licenses and Permits, the Code of Food/Feed Safety, Veterinary and Plant Protection, the Law of Georgia on Construction Activity, and others. These laws define under what circumstances the state has the right to restrict private activity.
The process begins immediately upon receipt of the act. Adhering to deadlines is critically important, as missing the appeal deadline leaves the act in legal force. The lawyer primarily assesses the possibility of suspending the act (court interim measure) so that the client does not have to comply with an illegal order until the dispute is resolved. Then an administrative or court complaint is filed. The main argument is often the violation of the proportionality principle — when the state uses the harshest measure (e.g., suspension of activity) when the goal could have been achieved with a less severe measure. Specialists on Legal.ge will help ensure your arguments are solid and convincing for the court.
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