Constitutional Court Found Norm Related with Avoiding Alco-Test Non-Constitutional

Maka Malakmadze, Adjara

Constitutional Court found different sanctions imposed on Georgian and foreign citizens for avoiding alcohol-test unconstitutional. Avtandil Kakhniashvili lodged the constitutional lawsuit against the Parliament of Georgia at the Constitutional Court.

The lawsuit was about incompliance between Article 117 Part I of the Georgian Administrative Code and Article 14 of the Constitution of Georgia (combat of discrimination). According to the norm, citizen of Georgia was deprived from driving license for three years if he/she refused to take a test on alcohol, narcotic or psychotropic influence, whilst foreign citizens and person without citizenship were fined only with 500 lari for the same violation.

“Since one norm imposes different sanctions on the citizen of Georgia and foreign citizens, we see unequal approach to the offence based on person’s citizenship. The Court concluded that in this particular case there was no verification that different sanctions imposed on Georgian citizens and foreign citizens served legitimate purpose of public order. Defense side could not verify the essence and purpose of different approach to the norm; their arguments lacked grounds,” the statement of the Constitutional Court reads.

In the same statement, Constitutional Court states that it does not stipulate which sanction is more adequate for the offense – three-year seizure of driving license or 500 lari fine. The Court just considered constitutionality of different sanctions imposed on Georgian citizens and persons without Georgian citizenship. The Court noted that current legislation views seizure of driving license as more grave sanction than fine. Consequently, according to the disputable norm, citizen of Georgia is punished more strictly than foreign citizen.

Finally, the Parliament of Georgia is authorized to make decision which sanction will remain in the law to be imposed on the offender.