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Emergency Powers Advisory

Does a state of emergency automatically cancel my contracts?

No, a state of emergency does not automatically cancel contracts. However, it may qualify as a force majeure event if it makes performance impossible. A lawyer can help you notify partners and negotiate terms legally.

Can I travel during a curfew in Georgia?

Travel during a curfew is strictly prohibited unless you have a special permit or a verifiable medical emergency. Violating this rule can result in heavy fines. Legal advice can help you understand exemptions.

What if my business is forced to close by the government?

If a government decree forces your business to close, you still have obligations (taxes, rent, salaries), but specific relief measures may be introduced. A lawyer can guide you through available subsidies or legal deferrals.

How do I appeal a fine for violating emergency rules?

You can appeal the fine in court or the issuing administrative body within a specific timeframe (usually 10 days). You will need evidence showing you did not violate the rule or acted out of extreme necessity.

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The legal regime of a state of emergency represents a special legal order declared in the state or part of it during large-scale disasters, epidemics, unrest, or other crisis situations. This is a temporary measure aimed at eliminating danger and restoring public order, but at the same time, it has a significant impact on citizens' rights and business activities. During a state of emergency in Georgia, the ordinary way of life changes—freedom of movement may be restricted, a curfew may be imposed, certain economic activities may be prohibited, or the rules for delivering public services may be altered. In such conditions, it is critically important for individuals and legal entities to know their rights and obligations to avoid legal liability and protect their legitimate interests. Legal consultation is essential during this time to correctly interpret temporary restrictions and ensure compliance with legislation in a force majeure situation.

What does Emergency Powers Advisory cover?

Legal services during a state of emergency are multifaceted and include full client support under changed regulations. Specialists on our platform offer the following services:

  • Legal advice on restrictions: Detailed explanation of which constitutional rights are restricted and what obligations are imposed on citizens and businesses (e.g., curfew, ban on assembly).
  • Legal support for business adaptation: Assistance in legally formalizing the transition to remote work, modifying employment contracts, and aligning operational activities with emergency decrees.
  • Appealing administrative fines: Appealing sanctions (fines) imposed for violating the emergency regime in court or with a superior body if they were issued illegally or with procedural violations.
  • Confirmation of force majeure circumstances: Legal assessment of force majeure for contracting parties and assistance in the process of deferring or canceling the performance of obligations.
  • Claiming compensation: Managing legal procedures for claiming appropriate compensation in case of property seizure or temporary use by the state (e.g., requisition of transport).
  • Management of licenses and permits: Consultation on permit conditions suspended or changed during the state of emergency.

Common scenarios requiring legal assistance

A state of emergency creates non-standard situations where legal intervention is often crucial:

  • Forced business closure: When a specific type of economic activity (e.g., restaurants or shops) is prohibited by state decree, and the entrepreneur needs advice on the legal regulation of rent or employee salaries.
  • Violation of movement restrictions: A citizen was fined for violating the curfew, but the violation was caused by an urgent necessity (e.g., medical need), and they wish to annul the fine.
  • Requisition of property: The state temporarily seized vehicles or warehouse space from a company for emergency needs, and the owner wants to receive fair compensation.
  • Labor disputes: An employer illegally dismissed employees or stopped paying salaries citing the state of emergency, which requires the protection of labor rights.
  • Breach of contract: A company cannot fulfill a delivery obligation due to quarantine, and the partner company demands a penalty, which requires activating the force majeure protection mechanism.

Georgian Legal Framework for State of Emergency

The legal regime of a state of emergency is regulated by Georgia's highest legislative acts. First and foremost, the Constitution of Georgia (Article 71) defines the grounds and procedures for declaring a state of emergency, as well as the list of rights that may be restricted during this time. The main regulatory act is the Law on the State of Emergency, which details the powers of the authorities, the rules for introducing a curfew, and administrative enforcement measures. During epidemics, the Law on Public Health also applies, granting the government the right to implement quarantine and isolation measures. The Civil Code of Georgia is important, especially articles related to force majeure, which regulate issues of contractual liability during the operation of irresistible force. Additionally, Decrees of the President of Georgia and Government Resolutions issued during a state of emergency have the force of law and temporarily alter existing legislation.

Service Process

Cooperation with a Legal.ge specialist during emergency situations proceeds operationally:

  1. Situation Analysis: The lawyer studies your problem and the restrictions in force at that specific moment.
  2. Legal Advice: You receive precise instructions on how to act without violating the law and what rights you have.
  3. Documentation Preparation: If necessary, applications, complaints, or notifications for state bodies are prepared.
  4. Representation: The lawyer defends your interests in administrative bodies or in court (e.g., when appealing a fine).
  5. Monitoring: Controlling the progress of the process and evaluating the results.

Why choose Legal.ge?

Legal.ge is Georgia's leading legal platform, allowing you to quickly connect with lawyers experienced in crisis management. During a state of emergency, when legislation changes frequently and time is critical, our verified specialists will provide you with the latest and most competent information. Protect your rights and business even in conditions of chaos—find a trusted advisor on Legal.ge.

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