Warning as an administrative penalty and its application in practice

Abstract

Warning represents one of the primary and least severe forms of administrative penalties. It is based on the principle of moral influence and aims to prevent repeat offenses by the violator. According to the Code of Administrative Offenses of Georgia, a warning is applied for minor administrative violations. It is defined by law as a written or otherwise materially documented resolution, the public announcement of which is a necessary condition for its validity. Judicial and practical experience demonstrate that a warning is an effective measure in response to minor violations, particularly when the offender does not warrant a more severe sanction. The institution of warning is actively used in post-Soviet countries, while in some European and Asian states, it often appears in informal or disciplinary forms. The successful implementation of this measure relies on an individual assessment of the offender, the severity of the violation, and the principle of fairness, all of which contribute to the humanization of administrative law and the effectiveness of sanctions. This paper discusses the warning as an administrative penalty, the procedures for its imposition, its practical application, and its use in selected foreign jurisdictions.