The Georgian Young Lawyers’ Association (GYLA) has issued a statement regarding the seizure of citizens’ bank accounts.

According to the statement, in many cases the Ministry of Internal Affairs (MIA) draws up administrative offence reports, but fails to properly serve them in accordance with procedures prescribed by law, which results in violations of citizens’ rights.

At the same time, GYLA shares legal guidance with citizens to help them protect their rights during this process.

“GYLA responds to the practice of freezing citizens’ bank accounts, which has been carried out - and continues to be carried out - on the basis of cases related to administrative offences.

Based on information provided to GYLA by some citizens, they learned that administrative proceedings had been initiated against them and that a fine notice had been issued only after their bank accounts were frozen. In this context, it should be noted that the Ministry of Internal Affairs (MIA) often draws up offence reports, but fails to complete the service procedures in accordance with the law, which leads to violations of citizens’ rights.

The imposition of seizure means that a citizen is unable to use the funds available in or credited to their bank account. Seizure may also extend to immovable or movable property, meaning that the owner is prohibited from transferring or encumbering the property. This constitutes a serious interference with the right to property, which is why enforcement proceedings must be initiated in full compliance with the law.

According to an established harmful practice, the MIA publishes fine notices on the website Protocols.ge, without providing prior notification to citizens via SMS or other technical means. There are frequent cases where fine notices are published without observing the legally prescribed service procedures, which is a mandatory requirement under the Administrative Offences Code.

When a state authority enforces a fine imposed for an administrative offence by freezing a citizen’s bank account without having previously informed the citizen about the initiation of administrative proceedings, the decision taken, or the payment deadline, this raises serious concerns regarding compatibility with international standards on property rights, the right to a fair trial, and effective legal remedies.

In such situations, the right to property is restricted unlawfully and disproportionately, not only because individuals effectively lose access to their financial resources, but also because this occurs without prior notice, clear legal justification, or a real opportunity to appeal, violating the principles of legality and proportionality.

At the same time, from the perspective of the right to a fair hearing, citizens are deprived of basic procedural guarantees: knowing what they are accused of, when and in what amount a fine was imposed, the legal basis for the decision, and the timeframe within which they can respond.

As a result, individuals are effectively denied the opportunity to present arguments, request a review of their case, or even voluntarily pay the fine before the state resorts to more severe enforcement measures such as freezing bank accounts.

The fact that, with proper notification, individuals might have paid the fine voluntarily and on time highlights a particularly serious proportionality problem, as the state fails to pursue less intrusive and adequate means to achieve its objective and instead intensifies the interference, thereby upsetting the fair balance between the public interest (collection of fines) and individual property rights.”

Below are the legal steps GYLA recommends to help citizens protect their rights:

• If a person’s bank account has already been frozen and they were not previously informed about the administrative offence report:Contact the Ministry of Internal Affairs / Patrol Police Department and request a copy of the fine notice and case materials.

• Request information from the National Enforcement Bureau regarding the ongoing enforcement proceedings.

• Obtain information from Protocols.ge and/or the mobile service provider to determine whether legal notification requirements were fulfilled prior to the initiation of enforcement proceedings (including whether an SMS notification was sent).

• Within 10 days of receiving the offence report, file an administrative complaint with the court, attaching the relevant documents, and request the annulment of the fine and suspension of enforcement proceedings.

Please note:

• The complaint must be filed with the court located at the place where the alleged offence was committed.

• Filing a complaint with the court is free of charge.

• There is no prescribed form for the complaint; however, it is essential that the request is clearly formulated as indicated above.

• A judge decides on the suspension of enforcement. If the request is granted, enforcement will be suspended until a final decision is made on the complaint.

• If the court grants the suspension, the court ruling must be submitted in hard copy to the National Enforcement Bureau to ensure enforcement is halted.

If a person suspects they may have been fined and wishes to prevent possible account seizure:

• Contact the Ministry of Internal Affairs and/or the Patrol Police Department to verify whether a fine notice has been issued.

• Receive the offence report and appeal it in court within 10 days.

“This is stated in the announcement,” GYLA concludes.