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Newsletter
Project Name :
Codification of administrative violations in criminal law
Donor Organization :
Fund “open society, Georgia”
Budget:
36550 აშშ დოლარის ეკვივალენტი ლარებში
Grant number :
№HR/05/14-19809
Direction :
2 Social Sciences and Humanities, Economic Sciences
Subdirection :
2-182 Criminal Law
Key word :
administrative violations
Description :
Nowadays, in Georgia, the Code of Administrative Offences (1984) is out-of-date indeed. This code clearly does not correspond to the European standards of Human Rights. The following problems are revealed in this sphere:
1. Today, repressive coercive measures are envisaged both by the Code of Criminal Law and the Code of Administrative Offences. Liability issue, in the sphere of administrative offences, is not well distinguished from the criminal liability; therefore it is necessary to move into two-layer systems of existing administrative violations. Part of the offences should fall under sphere of the General Administrative Law and the other part should be moved in Criminal Law as a type of (minor crimes) criminal delicts. For this purpose, codification method might be used and special law be passed or articles of criminal delicts be incorporated in concrete branches of law. Respectively, corresponding legal consequences should be regulated and it should result in criminal record.
2. The acting Code of Administrative Offences does not envisage those procedural standards, which are necessary to ensure effective protection of human rights.
3. Elaboration of special law on criminal delicts (minor crimes) or incorporation of criminal delicts in branches of concrete criminal laws that will make it in conformity with contemporary European standards. Particular compositions and sanctions of criminal delicts require thorough examination. It should be aligned with the compositions and system of sanctions provided in the Code of Criminal Law.
Duration :
01/09/2014 - 30/06/2015
Leader :
Irakli Dvalidze
Project manager :
Project participant(s) :
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