A fine as an administrative penalty and the peculiarities of its imposition

Abstract

The paper examines fines as one of the primary and most common penalties established for administrative offenses. Within the scope of the research, the legal nature of penalties, their purposes, and conditions of imposition are analyzed, including compliance with the principles of the rule of law, proportionality, and individualization. The paper discusses regulations defined by Georgian legislation, specifically the relevant articles of the Code of Administrative Offenses and the nuances of their practical application. The academic work is also based on the analysis of Georgian judicial practice, where significant decisions are reviewed that clearly illustrate the scope of fines and the problematic aspects often arising from their unjustified application. Through comparative legal analysis, international standards and European approaches are presented, which will contribute to improving national practice and better understanding the guarantees of human rights protection. The Association Agreement provides for the obligation to align Georgian legislation with EU law. The stated objectives will be achieved when Georgia brings its legal system into conformity with EU directives and recommendations. In line with the goals of gradual alignment with EU law, the Association Council will periodically review and update the standards set in EU law and international documents recognized by the parties. The agreement pays special attention to the issues of legal harmonization and explains two key principles of legal approximation — gradual approximation and dynamic approximation. The proper definition of these concepts holds legal and practical significance for effectively implementing the obligations established by the Association Agreement and approximation to European standards. Administrative penalties, particularly fines, are a highly relevant issue in the implementation of Georgia’s law enforcement policy. This topic has significant resonance in the field of administrative liability. Therefore, the subject of this academic research is limited to explaining the peculiarities of using administrative fines as a form of penalty.