The Proceeding of Case of Administrative Offences in Connection with the Appeal

Abstract

This article is devoted to the peculiarities of the proceeding of case of administrative offences in connection with the appeal. It is not a novelty that the current Administrative Offences Code of Georgia, which was adopted in 1984, fails to meet modern standards in the field of human rights protection, which is also reflected in a number of shortcomings in the rules of proceeding related to the appeal. The rules and conditions for appealing the acts issued by administrative bodies should be properly formulated in the national legislation. This will contribute to the realization of transparency, listening to the parties, expressing one’s own views and other fundamental human rights. For this purpose, taking into account the peculiarities of the field of administrative offences, this article discusses the requirements of the legislation in force to appeal the decisions on administrative offences. New mechanisms have been proposed to improve the existing process. The explanations of Constitutional Court of Georgia regarding the problematic issues are listed, with approaches the German legislation, which represents one of the leading countries in this field.