Administrative detention as an administrative penalty and its imposition characteristics

Abstract

The reform of administrative legislation in Georgia began in the 1990s and remains unfinished. One of the key issues in administrative liability is the establishment of administrative penalties and the creation of effective mechanisms for their application. The primary response to legal violations is legal coercion, which also has an educational function. Administrative penalties also serve a preventive purpose, as individuals are deterred from committing violations by the prospect of punishment. In Georgia, imposing administrative penalties that violate constitutional rights is impermissible. In recent years, there has been a legislative tightening of administrative penalties, such as administrative detention extension from 15 to 30 days following amendments made on February 6, 2025, which will be discussed in detail below. The use of administrative penalties, particularly fines and detention, is a highly relevant issue in Georgia’s law enforcement policy. This topic has gained significant resonance in the field of administrative liability. Therefore, this research paper analyzes the peculiarities of administrative detention as a penalty. The study will examine administrative penalties in general and scientifically analyze the strictest form of administrative detention, including its imposition procedures and duration, which have changed over the years. The paper will also highlight that while a fine is merely a material restriction, administrative detention involves personal and material limitations.