Translated by IRIS Georgia Updated as of March 2004 to Subparagraphs (a), (d), (e), (g), (h), and (n) of Paragraph 1 and Paragraphs 2, 4, and 5 of Article 73 of the Constitution of Georgia, and (f) The implementation of international treaties and agreements and the pursuance of foreign policy. Article 4. Equality before law 1. Everyone shall be equal before law and an administrative agency. 2. The restriction of or interference with the enjoyment of lawful rights, freedoms, and interests of any party to an administrative proceeding and preferential treatment or discrimination of any party in violation of law shall be prohibited. 3. Wherever circumstances of different cases are identical, judgements in regard to the persons involved shall be identical, except if there is a lawful ground for rendering a different judgment. Article 5. The exercise of authority pursuant to law 1. An administrative agency may not perform any action that is against law. 2. The issuance of an administrative decree by an administrative agency or any action that restricts constitutional rights or freedoms shall be based on Chapter 2 of the Constitution of Georgia or applicable law or regulation. 3. The administrative decree issued in abuse of power, and any action performed by an administrative agency in abuse of power shall be void and invalid. 4. The official of an administrative agency shall be held liable under law for the failure to duly perform his duties and the abuse of power. Article 6. The procedures for exercising discretionary power 1. If an administrative agency enjoys discretionary power to solve any matter, it shall exercise discretionary power in compliance with law. 2. The exercise of discretionary power by an administrative agency shall be appropriate to the purpose for which it was granted to the agency. Article 7. The balance of public and private interests 1. While exercising discretionary power, an administrative agency may not issue any administrative decree, if the harm inflicted by the latter upon the lawful rights and interests of a person substantially exceeds the benefits of the decree. 2. The measures prescribed by the administrative decree that was issued within discretionary power may not result in unreasonable restriction of a person's lawful rights and interests. Article 8. Impartial resolution of a case 1. An administrative agency shall exercise its authority impartially. Page 5 of 54