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The sitting of the Human Rights and Civil Integration Committee

Media and Society 26 Apr 2021
The sitting of the Human Rights and Civil Integration Committee

The Committee discussed the Bill on Code of Administrative Offenses with the I reading.

According to the Chair of the Legal Issues Committee, Anri Okhanashvili, since the offenses of disobedience to the representative of the state body or authority, or humiliation thereof during their official service are not stipulated under the Code, the changes are necessary.

“The Bill envisages the proportional approach towards these offenses, providing the grave offenses stipulated under Articles 166 and 173”, - the reporter noted.

Article 166 is supplemented by part 2, establishing the penalty of 1500-2000 GEL or administrative detention of 7-15 days for the repeated administrative offense.

The new edition formulates Article 173, determining that the disobedience to the respective state agency or authority during their official service or humiliation thereof shall entail the penalty of 2000-3000 GEL or administrative detention up to 15 days, and the repeated offense – 3500-4500 GEL or administrative detention of 10-15 days.

“Both Articles envisage the deliberate offenses and disobedience to the police means that the offender violates the right of another person. The legal request of a policeman is directed to eliminate the violation of rights of other persons and such offenses shall be reduced. The new mechanisms shall serve effectively to mitigate such offenses”, - M. Sarjveladze noted.

The Committee discussed the Bill aiming at the compliance of Article 247 of the Code of Administrative Offenses with the Constitution.

According to A. Okhanashvili, the initiative is related to the Decision of the Constitutional Court. “Since the terms of introduction of a person detained under the administrative regulations to the Court are established under the Code, the respective change shall be introduced to determine that the detained person, at the first opportunity, however, no later than 48 hours, shall be introduced to the Court. In the event of failure, he/she shall be immediately released till the introduction to the Court. The detained person can be taken to the temporary isolator. This change ensures the establishment of the uniform terms for detention and introduction of a person, equal treatment towards the group of persons stipulated under the Decision of the Constitutional Court”, - the reporter noted.

The Committee approved the Bills.

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