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 Page 4 of 54

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