Administrative sanctions and their types in Georgia

Abstract

The paper examines the system of administrative sanctions under the Code of Administrative Offences of Georgia (hereinafter referred to as the “CAO”), their legal nature, objectives, and specific features of application. The study is based on an analysis of Articles 24 and 25 of the CAO, which define the types of administrative sanctions, their classification into primary and additional sanctions, and the scope of their application. Particular attention is paid to the role of administrative fines as the most commonly applied sanction, as well as to the legal and practical aspects of administrative detention, suspension of driving rights, restrictions on rights related to weapons, expulsion of a foreign national from Georgia, and the prohibition on entry into Georgia. The paper analyzes the theoretical classification issues of administrative sanctions in light of differing scholarly views and critically assesses the applicability of the criterion of social danger in the classification of offences. It also presents a comparative analysis of foreign practice, particularly that of Estonia, which demonstrates the priority use of administrative fines and the limited application of administrative detention. Special attention is devoted to the legislative amendments adopted in 2023, which introduced deprivation of the right to carry weapons and restrictions on weapon-related rights into the system of administrative sanctions as mechanisms for strengthening public safety and prevention. The concluding section substantiates that administrative sanctions constitute interconnected legal instruments whose common purpose is to safeguard legal order, prevent offences, and ensure the effective implementation of administrative liability.