For now, there is no official data on how many juveniles are among those, who broke the rules of the state of emergency, but the public should be aware of the fact, that the status of a minor isn't a basis for the dismissal. In such cases, the sanctions rests with the parents of the minor or other legal representatives and it is essentially important for the parents to be aware of the rules - organization "Young Barrister's" lawyer, Tamar Tsikhishvili makes a legal explanation about the above mentioned issue.

According to Tamar Tsikhishvili, President of Georgia issued a decree on March 21, 2020, about the measures to be taken with regard to declaring a state of emergency on the whole territory of Georgia. According to the decree, On March 23, 2020 decision #181 was issued by the Government of Georgia about the affirmative measures for preventing the spread of new coronavirus in Georgia. All individuals and legal entities are obliged to obey the state of emergency regime. The violation of the decree and Government's decisions will result in the administrative liability - a fine of 3,000 GEL for individuals and 15,000 GEL for legal entities. The case of repeating the same act by an administratively punished person carries criminal liability. In particular, the imprisonment for a term up to 3 years and for the legal entities - fine, deprivation of the right to operate and/or a cumulative sanction.

Precisely , in the Article 14 of the Government of Georgia's resolution, it is explicitly stated, that administrative liability for a person, who violates the state of emergency and is under the age of 16, lies with his or her parent or other legal representative of the child and the form of the administrative offences protocol will be determined by the normative acts of the authorized authority. It's true, that based on the Article 34 of the Administrative Offences Code of Georgia, commission of an offence by a minor shall be deemed to be extenuating circumstances for imposing liability for administrative offences, but in terms of enforcement, this norm is directly related to the issue of judicial capacity. Based on the Civil Code of Georgia, a minor under the age of 7 is considered legally incapable, and a minor from the age of seven to eighteen years shall have limited legal capacity, which is connected to the material independence issue. Therefore, in the most cases, this factor determines the responsibility of the parents or other legal representatives. In our case, it is reflected in the Government's relevant decree, which fully opposes the challenges and is fair, as despite the actions of the juvenile, the legal representatives and the parents have a duty of care, which is also related to the certain negative and obligatory responsibilities. Therefore, the violation of the decree and Government's decisions will result in the administrative liability - a fine of 3,000 GEL for individuals, and for the minors under the age of 16, the responsibility will be lied on the parents/legal representatives.

Based on Tamar Tsikhishvili's explanation, minor's parents or their legal representatives, who were fined for violating the state of emergency regime, will be able to appeal the individual administrative act 10 days within the end of state of emergency. Therefore, for now, the deadlines of appealing and reviewing the administrative act is suspended.

To note out: Based on the Ministry of Internal Affairs 7 April, 2020 official information, in the last 24 hr, as a result of law enforcement's monitoring, across the whole country, there have been revealed 167 new facts of violation the state of emergency and so-called "commandant's hour".