Translated by IRIS Georgia
Updated as of March 2004
through invalidation or modification of an administrative act issued by that
agency or its subordinate body, or through issuance of a new administrative act, or
through performance or non-performance of a particular action by an
administrative agency, which does not require issuance of an administrative act.
(j) “Administrative proceedings” means activities performed by an administrative
agency to prepare, issue, or enforce an administrative decree or solve an
administrative complaint.
(k) ”Discretionary power" means the authority, which provides an administrative
agency or official with some degree of latitude in regard to choosing the most
reasonable decision among several decisions in compliance with public and
private interests.
(l) “Public information” means an official document (including chart, model, plan,
diagram, photograph, electronic information, and video and audio records), i.e.
information held by a public agency, or that received, processed, created, or sent
by a public agency or a public servant in connection with official activities.
(m) “Secret information” means any information containing state, commercial, or
personal secret that is held by a public agency, or was received, processed,
created, or sent by a public agency or public servant in connection with official
activities.
2. Unless otherwise provided by law, the terms set forth in Paragraph 1 of this Article
may not be otherwise interpreted or applied by other legislative acts.
Article 3. The scope of the Code
1. This Code affects the activities of state, local self-government, and government
agencies and institutions, and of those entities who act as administrative agencies in
accordance with this Code.
2. This Code, except for Chapter 3, may not affect the activities of the following state
institutions:
(a) the Parliament of Georgia and supreme representative bodies of the Autonomous
Republics of Abkhazia and Adjara,
(b) the Advisory Board to the President of Georgia,
(c) the Public Defender of Georgia, and
(d) judicial institutions of Georgia.
3. This Code affects those activities of the institutions and officials provided in
Paragraph 2 of this Article that are related to the performance of administrative
functions.
4. This Code may not affect those activities of the Executive that are related to:
(a) criminal prosecution and criminal proceeding against the person who committed a
crime,
(b) investigation and task force activities,
(c) the enforcement of a valid judgement rendered by a court,
(d) rendering decisions on military matters and matters of military discipline, except
those related to a person’s constitutional rights and freedoms,
(e) the appointment or dismissal by the President of Georgia of a person to or from
the offices stipulated by the Constitution and the exercise of authority according
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