On 13 December 2024, the Parliament approved, in the third reading, a package of legislative amendments aimed at making the Administrative Offences Code[1] an even more repressive tool.

The amendments significantly increase penalties for offences commonly employed by the Ministry of Internal Affairs against protest participants. Additionally, new offences and grounds for arrest have been introduced into the Code.

It is evident that with the disproportionate increase in penalties and the introduction of new grounds for actions related to assemblies, demonstrations and protests, the “Georgian Dream” attempts to intimidate the public. This is taking place in the context when the Ministry of Internal Affairs actively employs the Administrative Offences Code against the participants of the protests, which, by refusing to uphold the justice, is approved by the judiciary.

Therefore, it is expected that these penalties will be used not to protect the law and order, but to suppress the rights to freedom of expression and assembly.

The amendments are, as follows:

(1) New Offences

1.1. Covering the face with a mask or any other means will be considered as an administrative offence, punishable by a fine of 2 000 GEL.

1.2. Participants of the assembly will also be prohibited from bringing “devices emitting laser and/or sharp emission, the use of which could interfere with the operations of state representatives and/or disrupt the proper functioning of their technical equipment”.

During the ongoing protests, the MIA is routinely conducting unlawful search and, even confiscating legal items of individuals, such as gas masks and masks. As a result, it is anticipated that the MIA will use this restriction to justify illegal searches and apply it disproportionately, including against those individuals possessing laser or light-emitting devices, who, in reality, with the mentioned items cannot interfere with the activities of state representatives or the functioning their technical equipment.

A penalty for violating this requirement would also be 2 000 GEL.

1.3. The context of the offence prescribed under Article 173 of the same Code (Non-compliance with a lawful order or demand of a law-enforcement officer) is incorporated into the provision of failure of a parent or legal guardian to fulfil their duties regarding a child’s upbringing, education, or other responsibilities. It is important to note that police frequently employ Article 173 when arresting demonstrators without valid grounds.

1.4. A new offence is introduced to the Code (Article 198³) - illegal wearing of clothes and equipment of uniform prescribed by the Ministry of Internal Affairs of Georgia, or the wearing of clothing/equipment resembling the official uniform and/or equipment prescribed by the Ministry of Internal Affairs by individuals who are not employees of the Ministry of Internal Affairs, which, under certain circumstances, may mislead an objective observer.

A penalty for this offence is outlined to be fine in the amount of 2 000 GEL, along with the confiscation of the item.

(2) Increased Penalties

2.1.             Violating the rules for organising or holding assemblies or demonstrations

According to the new version of the Article 1741(4) of the Code, the penalties prescribed for violations of Articles 9, 11 and 111 of the Law of Georgia “on Assemblies and Demonstrations” have been significantly increased.

The mentioned provisions are related to holding assemblies or demonstrations in the prohibited places, making prohibited calls, having the prohibited items and blocking the traffic roadway despite the small quantity of the demonstrators.

The former version prescribed fines in the amount of 500 GEL or administrative arrest for up to 15 days, while in case an offender was an organizer, fine - in the amount of 5 000 GEL or administrative arrest for up to 15 days. In the new version, the fines are respectively – 5 000 GEL and 15 000 GEL.

(1)    Blocking a road with vehicles in an organised way or taking part in a group driving in town or another populated area, during which the roadway is fully occupied

Until now, Article 125(6¹) prescribed fine in the amount of 1 000 GEL, while with the new amendments it also includes the suspension  of the right to drive for 1 year (cumulatively).

2.2.             Defacement of the appearance of a territory within the administrative boundaries of a municipality

For the offence prescribed by Article 150(1), defacement of the appearance of a territory within the administrative boundaries of a municipality (making various types of inscriptions, drawings or symbols on building facades, shop windows, fences, columns, trees or other plantings without authorisation, also putting up placards, slogans, banners at places not allocated for this purpose, or leaving fences and buildings unpainted[2]) the fine is increasing and it would be 1 000 GEL instead of 50 GEL.

The repeated commission of this offence (Article 150(2)) will carry a fine of 2 000 GEL instead of 500 GEL.  

Similarly, the amount of fines is increased for other paragraphs of the mentioned Article:

-          Making various types of inscriptions, drawings, symbols on the facades of administrative buildings, or in the adjacent territory, including pavement and road surfaces will carry a fine of 2 000 GEL instead of 500 GEL. The repeated commission of this offence will carry a fine of 3 000 GEL instead of 1 000 GEL, or if the application of this measure is deemed insufficient after taking into account the circumstances of the case and the person of the offender - an administrative arrest of up to 15 days.

-          Defacement of the appearance of a territory committed in a cultural heritage protection zone determined under the Law of Georgia “on Cultural Heritage”, will carry a fine of 2 000 GEL instead of 1 000 GEL. The repeated commission of this offence will carry a fine of 3 500 GEL instead of 2 000 GEL.

-          Failure to remedy the violation defined in this Article within ten days after a fine is imposed will carry a fine of 1 000 GEL instead of 500 GEL.

The penalties are similarly increased for the offences prescribed by Article 1502 (defacement of the appearance of the Tbilisi city municipality)

-          Arbitrary making of various types of inscriptions, drawings or symbols on building facades, shop windows, fences, columns, trees and plants, on pedestrian walkways and driveways, or putting up of placards, slogans, or banners at places not allocated for this purpose, or leaving of fences and buildings unpainted in the Tbilisi city municipality will carry a fine of 1 000 GEL instead of 200 GEL. The repeated commission of this offence will carry a fine of 2 000 GEL instead of 1000 GEL.

-          Arbitrary making of various types of inscriptions, drawings, or symbols on the facades of administrative buildings, and in the adjacent territory, including pedestrian walkways and driveways in the Tbilisi City municipality will carry a fine of 2 000 GEL instead of 1 000 GEL. The repeated commission of this offence will carry a fine of 3 000 GEL instead of 2 000 GEL.

-          Commission of an offence prescribed by this article within a cultural heritage protective zone determined by the Law of Georgia “on Cultural Heritage”, will carry a fine of 2 000 GEL instead of 1000 GEL. The repeated commission of this offence will carry a fine of 3 500 GEL instead of 2000 GEL. 

2.3.   Vandalism

The fines prescribed for the first and second paragraph of the Vandalism Article (Article 1662) have been increased, and it will be respectively, 1 000 GEL instead of 300 GEL, and 2 000 GEL instead of 500 GEL.

(3) The Grounds for Arrest

It is also noteworthy that the list of the grounds permitting administrative arrest, personal search, search of belongings and seizure of the belongings and documents, is also expanding. The following new grounds have been added to the existing grounds already prescribed in the Code:

- Preventing delays in the proceedings;

- Preventing a person from avoiding participation in administrative proceedings;

- Preventing the repeated commission of the administrative offence (Article 244).