I. Introduction
An administrative claim in Georgia is the principal judicial remedy available when a person challenges a decision of an administrative authority, seeks the issuance of an administrative act, requests that an authority perform or refrain from performing a particular action, or asks the court to determine the existence or non-existence of a right or legal relationship.
In administrative litigation, it is important not only to determine whether the authority acted lawfully, but also to select the correct type of claim and satisfy the relevant admissibility requirements. Georgian administrative procedure distinguishes among claims seeking annulment of an administrative act, issuance of an administrative act, performance or non-performance of an action, and declaratory relief.
Another important procedural requirement is prior administrative review. Subject to statutory exceptions, a court will generally not admit an administrative claim in Georgia against an administrative authority if the claimant has failed to use the one-time opportunity to file an administrative complaint where such an avenue is available by law.
Accordingly, preparing an administrative claim in Georgia normally begins with three questions: what type of administrative dispute exists, which form of judicial protection corresponds to the alleged violation, and whether the procedural prerequisites for access to court have been satisfied.
For a broader overview of court representation and dispute resolution before Georgian courts, see our Litigation in Georgia practice page.
II. What Is an Administrative Claim in Georgia?
The Administrative Procedure Code of Georgia governs the consideration of administrative cases by the common courts. Where a particular procedural issue is not directly regulated by the Administrative Procedure Code, the relevant provisions of the Civil Procedure Code apply subsidiarily.
An administrative dispute may concern the legality of an administrative act, the conclusion, performance, or termination of an administrative contract, an obligation imposed on an administrative authority to compensate damage, issue an act, or take another action, the recognition of an administrative act as null, or the determination of the existence or non-existence of a right or legal relationship.
An administrative claim in Georgia may therefore arise where a person has been refused a permit, an administrative authority has issued an individual decision adversely affecting that person, the authority has failed to perform a statutory duty, a public-service decision has been adopted, or another administrative-law relationship has resulted in a violation of a right or legitimate interest.
The participation of an administrative authority does not automatically mean that the dispute is administrative. For example, a dispute arising from a private-law contract entered into by an administrative authority is generally considered under civil procedure, while disputes arising from administrative contracts are considered under administrative procedure.
The correct classification of the underlying relationship should therefore be established before commencing proceedings. Where the dispute instead falls within ordinary civil jurisdiction, the procedural starting point is generally explained in our guide to Filing a Lawsuit in Georgia – Procedure, Deadlines and Court Fees.
III. What Types of Administrative Claims Exist?
Articles 22–25 of the Administrative Procedure Code provide four principal forms of judicial protection:
- a claim seeking annulment or invalidation of an administrative act;
- a claim seeking issuance of an administrative act;
- a claim seeking performance of, or abstention from, an action; and
- a declaratory claim.
This classification is not merely formal. The type of administrative claim in Georgia should correspond to the manner in which the claimant’s right has allegedly been violated and to the legal result the claimant seeks.
Where the problem is an already issued administrative act, annulment may be the appropriate remedy. Where an authority has refused to issue an act requested by the person, a claim seeking issuance of that act may be appropriate. Where the desired result requires a factual action rather than the issuance of an administrative act, a claim under the rules governing performance of an action may be required.
Choosing the wrong form of administrative claim in Georgia may affect both the wording of the requested relief and the admissibility of the case.
IV. Claim for Annulment of an Administrative Act
Article 22 of the Administrative Procedure Code provides for an administrative claim in Georgia seeking annulment of an administrative act or, where provided by law, a declaration that the act has lost legal effect.
Such a claim is admissible where the contested administrative act, or part of it, causes direct and immediate individual harm to the claimant’s lawful right or interest or unlawfully restricts the claimant’s right.
Examples may include cancellation of a permit, refusal to recognize an existing right, imposition of a specific obligation, or another individual administrative decision that directly changes the person’s legal position.
It is therefore not enough to argue that the administrative authority acted unlawfully in the abstract. The claimant should also explain how the alleged illegality directly affects his or her right or legitimate interest.
If the court finds that the administrative act is unlawful and directly prejudices the claimant’s right or interest, it may annul the act. Where an act was issued without adequate investigation and assessment of the relevant factual circumstances, the court may, under the statutory conditions, annul the act without finally resolving the underlying administrative issue and require the authority to issue a new act.
V. What Is the Deadline for Challenging an Administrative Act?
Deadlines are particularly important when filing an administrative claim in Georgia.
Under Article 22 of the Administrative Procedure Code, unless a special law provides otherwise, a claim seeking annulment of an individual administrative act must generally be filed within one month from notification of the act or of the decision on an administrative complaint.
The one-month period may also become relevant where the statutory period for deciding an administrative complaint expires without a decision.
For normative administrative acts, the special period referred to in the source material is three months from the date on which direct harm is caused.
The date on which the act was formally communicated is therefore practically significant. Georgian Supreme Court practice has also emphasized that the starting point for judicial challenge of an individual administrative act is linked to notification in accordance with the legally prescribed procedure.
For this reason, an administrative claim in Georgia often requires rapid procedural assessment. Waiting until the final days of the limitation period may create unnecessary risk.
VI. Claim Seeking Issuance of an Administrative Act
Article 23 of the Administrative Procedure Code regulates claims seeking the issuance of an administrative act.
This form of action differs from a challenge to an existing act. The claimant is not asking the court to annul a decision already adopted but seeks an individual administrative act that the authority refused to issue.
An administrative claim in Georgia of this type is admissible where the refusal to issue the requested act causes direct and immediate individual harm to the claimant’s lawful right or interest.
Unless a special law provides a different deadline, the claim should generally be filed within one month from receipt of the refusal.
For example, if a person applies to the competent authority for a decision to which that person claims a legal entitlement and the authority refuses, the claimant may seek a court order requiring the authority to issue the relevant administrative act.
Where the refusal is unlawful, or where the authority failed to issue an act within the statutory period and this directly prejudiced the person’s right or legitimate interest, the court may order the administrative authority to issue the act.
VII. Claim Seeking Performance or Abstention from an Action
Not every administrative dispute concerns the issuance of an administrative act.
Under Article 24 of the Administrative Procedure Code, an administrative claim in Georgia may seek performance of an action, or an order requiring the administrative authority to refrain from an action, where the requested result does not involve issuance of an individual administrative act.
For example, protection of a person’s rights may require the authority to take a specific factual action or to stop conduct that interferes with the claimant’s rights.
The distinction between an administrative act and a factual administrative action is therefore important.
Georgian Supreme Court practice has considered situations in which the correct classification of the claim depended on whether the desired legal result required the issuance of an administrative act or only a factual action by the authority. Where an administrative act is legally necessary to produce the desired result, the dispute falls under the rules governing issuance of an act rather than the rules governing factual action.
The correct type of administrative claim in Georgia should therefore be identified before the relief is drafted.
VIII. Declaratory Administrative Claim
Article 25 of the Administrative Procedure Code provides for declaratory relief.
Through this type of administrative claim in Georgia, the claimant may seek recognition that an administrative act is null or ask the court to establish the existence or non-existence of a right or legal relationship, provided that the claimant has a legitimate legal interest in obtaining such a declaration.
Declaratory relief is subsidiary in nature. It is generally inadmissible where the claimant can protect the relevant right through one of the remedies available under Articles 22–24.
For example, where a specific administrative act exists and the claimant can seek its annulment, merely asking the court to declare more generally that a legal relationship does not exist may not be the appropriate form of judicial protection.
The legal interest must also be concrete. A court is not asked to provide an abstract interpretation of law. The declaration sought should have a real effect on the claimant’s legal position.
IX. Disputes Arising from Administrative Contracts
The Administrative Procedure Code also deals specifically with disputes arising from administrative contracts.
Disputes concerning the conclusion, performance, or termination of an administrative contract are considered by the common courts under administrative procedure.
However, the involvement of an administrative authority as a contracting party does not automatically make every contract administrative. A private-law contract concluded by an administrative authority may still give rise to civil litigation.
Before preparing an administrative claim in Georgia, it is therefore necessary to determine the legal nature of the contractual relationship itself.
This classification may determine not only the type of relief but also whether the dispute belongs in administrative or civil proceedings at all.
X. Must an Administrative Complaint Be Filed Before Going to Court?
One of the most important admissibility requirements is the prior use of administrative review where such review is available.
Under Article 2(5) of the Administrative Procedure Code, subject to statutory exceptions, a court will not admit an administrative claim in Georgia against an administrative authority if the claimant has not used the one-time opportunity to file an administrative complaint under the General Administrative Code.
This does not mean that every administrative dispute necessarily requires an administrative complaint. The first question is whether the law provides an administrative review mechanism for the particular decision and whether a special rule allows direct access to court.
Where administrative review is available, merely filing the complaint may not always complete the prerequisite.
Supreme Court practice reflected in the source explains that use of the one-time administrative complaint mechanism generally requires the relevant administrative review process to be completed, or the statutory period for deciding the complaint to expire. Otherwise, the legality of the same administrative act could be under simultaneous consideration by both an administrative authority and a court.
This is one of the most important admissibility filters for an administrative claim in Georgia.
XI. What Does Admissibility Mean?
The admissibility of an administrative claim in Georgia should be distinguished from whether the claim is well founded on the merits.
At the admissibility stage, the court does not yet decide whether the administrative authority’s decision was actually unlawful. Instead, it determines whether the procedural requirements for substantive examination of the dispute are satisfied.
Depending on the type of claim, the court may examine issues such as direct and immediate individual harm, legal interest, the applicable court deadline, prior administrative review, and other statutory prerequisites.
An administrative claim in Georgia will therefore proceed to a merits determination only where the relevant admissibility requirements are satisfied.
Under Article 26² of the Administrative Procedure Code, the court examines the admissibility requirements of Articles 22–25 when deciding whether to accept the claim for proceedings.
Where admissibility is uncertain or the judge considers that the claim may be inadmissible, a preliminary hearing is to be scheduled within two weeks of receipt of the claim.
If the admissibility requirements are not satisfied, the court terminates the proceedings by ruling. Such a ruling may, where permitted by law, be challenged by private complaint.
Procedural applications arising during such proceedings are subject to their own requirements. For the general rules on written requests to the court, see Court Motions in Georgia – Types, Form and Filing Procedure.
XII. Inadmissibility vs. Leaving a Claim Without Consideration
These two procedural consequences should be distinguished.
Article 26² of the Administrative Procedure Code specifically provides that where the admissibility requirements under Articles 22–25 are not satisfied, the court terminates the proceedings.
Leaving a claim without consideration is a different procedural mechanism. It generally concerns circumstances in which proceedings are concluded without a decision on the merits because of another procedural obstacle.
Because the Civil Procedure Code applies subsidiarily in administrative litigation only where the Administrative Procedure Code does not provide a different rule, the applicable special administrative provision should always be checked first.
This distinction is particularly important when evaluating the procedural consequences of a defective administrative claim in Georgia.
For a separate explanation of the civil procedural institution, its grounds, refiling consequences and effect on limitation, see Dismissal of a Claim in Georgia – Grounds, Consequences and Refiling.
XIII. What Form Must an Administrative Claim Use?
An administrative claim in Georgia must be prepared using the special administrative claim form approved by the High Council of Justice of Georgia.
The High Council of Justice publishes versions that can be completed electronically or by hand, together with explanatory notes. Civil and administrative proceedings use separate court forms.
This distinction is important: the civil statement-of-claim form should not be substituted for the official administrative form.
The administrative form should generally identify the court, the claimant, the respondent administrative authority, the subject matter of the dispute, the contested act or action, the relevant factual circumstances and evidence, the relief sought, procedural motions, information concerning the court fee, and the attachments.
The official administrative claim form is available through the High Council of Justice:
Official Administrative Claim Form – High Council of Justice of Georgia
When preparing an administrative claim in Georgia, the factual allegations, supporting evidence, and relief should be logically connected in the same way as in other court filings, while the special administrative form and rules remain controlling.
For comparison with the requirements applicable to an ordinary civil pleading, see Statement of Claim in Georgia – Form, Content and Filing Requirements.
XIV. How Should the Relief Be Formulated?
The relief sought in an administrative claim in Georgia should correspond to the form of judicial protection available for the particular violation.
If the claimant challenges an existing act, the requested relief may seek its full or partial annulment.
If the authority failed or refused to issue a required act, the relief should be directed toward issuance of that act.
If the desired result involves a factual action, the claimant should request performance of the specific action or an order requiring the authority to refrain from the relevant conduct.
The court cannot go beyond the scope of the claim. At the same time, administrative procedure contains an important feature: the court is not rigidly bound by the claimant’s wording of the requested relief and may assist the party in transforming the request in order to facilitate the proper and efficient resolution of the case.
This does not mean that the claimant should leave classification of the case entirely to the court. A properly structured administrative claim in Georgia reduces admissibility risk and makes clear from the beginning what legal result is sought.
XV. Which Court Has Jurisdiction?
Under Article 26 of the Administrative Procedure Code, an administrative claim in Georgia must be filed with the court that has jurisdiction over the particular administrative matter.
If the claim is filed before a court lacking jurisdiction, the current Code provides for transfer of the case to the competent court and notification of the claimant.
Disputes between courts concerning jurisdiction are resolved by the court of cassation.
Most administrative matters at first instance are heard by district or city courts, although the Administrative Procedure Code assigns certain categories of disputes to magistrate judges.
Both subject-matter and territorial jurisdiction should therefore be examined before filing.
XVI. What Is the Court Fee for an Administrative Claim?
Court fees for an administrative claim in Georgia are determined through the combined application of the Administrative Procedure Code and, where applicable, the Civil Procedure Code.
The Administrative Procedure Code provides specific exemptions. For example, claims concerning state social protection matters are exempt from state court fees, and other special categories may also benefit from exemptions.
In cases not covered by a special administrative rule, the general civil procedural rules apply subsidiarily.
For a property claim at first instance, the court fee reflected in the source material is 3% of the value of the disputed subject matter, subject to a minimum of GEL 100.
For a non-property claim, the general state fee is GEL 100.
The maximum first-instance fee is GEL 3,000 for an individual and GEL 5,000 for a legal entity. Where the case falls within the jurisdiction of a magistrate judge, the relevant fee is generally half of the standard amount.
Many administrative disputes are non-property disputes—for example, a claim seeking annulment of an administrative act without a separate monetary demand.
However, not every administrative claim in Georgia should automatically be treated as non-property. Where the claim contains a property interest, the value of the dispute and the fee should be assessed according to the substance of the particular relief sought.
XVII. When Is an Administrative Claim Exempt from Court Fees?
Administrative proceedings include specific exemptions from court fees.
Claims concerning state social protection matters are expressly exempt under the Administrative Procedure Code. The Code also provides exemptions for other specific categories of proceedings.
In addition, civil procedural rules concerning exemption, deferral, and other court-fee relief may apply subsidiarily unless the administrative legislation provides a different rule.
Accordingly, when preparing an administrative claim in Georgia, the applicable fee should be checked in light of the specific category of dispute rather than relying automatically on the general GEL 100 or 3% rules.
XVIII. Does Filing an Administrative Claim Suspend the Contested Act?
This is one of the important special features of Georgian administrative procedure.
Under the rules described in the source material, acceptance by the court of an administrative claim in Georgia generally suspends the operation of the contested individual administrative act.
There are, however, important exceptions. These include certain acts concerning taxes or other mandatory payments, matters connected with public security or other significant public interests, cases involving a reasoned decision for immediate enforcement, acts that have already been enforced, and other situations specifically provided by law.
Where automatic suspension does not apply, the claimant may, if the statutory conditions are satisfied, ask the court to suspend operation of the administrative act or part of it.
The court decides such a request within three days.
This special administrative mechanism should be distinguished from interim measures used in civil proceedings. For the civil-law regime governing attachment, freezing of assets, cancellation and appeal of interim measures, see Securing a Claim in Georgia – Interim Measures, Application, Cancellation and Appeal.
XIX. What Happens If the Administrative Claim Is Inadmissible?
If the court determines that an administrative claim in Georgia does not satisfy the applicable admissibility requirements under Articles 22–25, it terminates the proceedings by ruling.
This may occur even at a later stage of first-instance proceedings.
Relevant issues may include failure to comply with a special filing deadline, absence of direct and immediate individual harm, lack of legitimate legal interest in a declaratory action, or the availability of another and more appropriate form of judicial protection.
Supreme Court practice also confirms that compliance with special filing deadlines is an important component of admissibility in administrative litigation.
A ruling refusing admission or terminating proceedings on admissibility grounds may be subject to a private complaint where the law so provides.
XX. How Is an Administrative Judgment Appealed?
A judgment issued by a first-instance court in an administrative case may be appealed where the applicable procedural requirements are satisfied.
Administrative litigation contains an important special rule: appellate and cassation appeals are admissible regardless of the value of the claim.
Accordingly, the monetary threshold that applies to certain civil appeals does not operate in the same way in administrative proceedings.
Nevertheless, the special provisions of the Administrative Procedure Code should always be reviewed when appealing a judgment arising from an administrative claim in Georgia, because administrative litigation differs from ordinary civil procedure in a number of respects.
The applicable appellate deadline, form, reasoning, court fee, and subsequent cassation requirements must therefore be assessed together with any special administrative procedural provisions.
For the broader framework governing review of first-instance judgments, appellate deadlines and cassation proceedings, see Appealing a Court Decision in Georgia – Procedure and Deadlines.
For the form and filing mechanics of the appellate document itself, see Appeal in Georgia – Form, Deadline and Filing Procedure.
XXI. Evidence in Administrative Litigation
An effective administrative claim in Georgia depends not only on correct procedural classification but also on the factual material supporting the claimant’s position.
Relevant material may include the contested administrative act, the underlying administrative file, correspondence with the authority, evidence of notification or service, documents submitted during the administrative proceedings, decisions on administrative complaints, expert material, and other evidence relevant to the alleged violation.
The timing of evidence can also matter, particularly where civil procedural rules apply subsidiarily.
The general principles governing the burden of proof, relevance, admissibility, documentary and electronic material, witnesses, expert evidence and requests for production are discussed in our guide to Evidence in Civil Proceedings in Georgia.
XXII. Key Issues When Preparing an Administrative Claim in Georgia
An effective administrative claim in Georgia should begin with the correct procedural classification of the dispute rather than merely criticizing the administrative authority’s decision.
First, determine whether the dispute is genuinely administrative.
Second, identify whether there is an existing administrative act to challenge, whether a new act must be issued, whether a factual action is required, or whether declaratory relief is appropriate.
Third, check whether prior administrative review is required, whether the special court-filing deadline has been complied with, and whether the claimant can establish direct and immediate individual harm or another relevant legal interest.
The factual circumstances should then be structured clearly, each material fact linked to supporting evidence, and the relief aligned with the particular form of judicial protection available under administrative procedure.
Particular attention should be paid to the dates on which the administrative act was served and any administrative complaint was decided.
For certain types of administrative claim in Georgia, missing the one-month statutory period may fundamentally affect access to judicial protection.
XXIII. Legal Assistance with an Administrative Claim in Georgia
TB Legal is a Georgian law firm assisting individuals and companies with administrative-law disputes, assessment of administrative decisions, preparation of administrative complaints and court filings, and representation before Georgian courts.
Preparing an administrative claim in Georgia may require combined analysis of the nature of the administrative act, the correct form of claim, prior administrative review, the applicable court deadline, state fees, admissibility, jurisdiction, evidence, and any temporary-protection mechanism that may be necessary.
For foreign investors and international companies, administrative disputes in Georgia may arise in connection with permits, licences, regulatory decisions, public-law obligations, property-related administrative matters, or other interactions with Georgian administrative authorities.
In such cases, an administrative claim in Georgia may also require coordination of foreign corporate documents, representative authority, translations, and compliance with local procedural requirements.
Our broader dispute-resolution and court-representation services are described on the Litigation in Georgia page.
If you need an assessment of an administrative authority’s decision, preparation of an administrative complaint or administrative claim in Georgia, review of admissibility requirements, or representation in administrative litigation, you can contact TB Legal to discuss the appropriate procedural strategy.
