Migrant Rights

What is "disobedience to police" and how do I avoid being charged with it?

police-stopdisobediencearticle-173administrative-arrestcriminal-liabilityforeigners

Disobedience is Article 173 of the Code of Administrative Offences. It punishes not any disagreement with the police, but the failure to comply with a lawful order or demand of an officer performing their duties (para. 1). The same article also covers verbal abuse, cursing, or other insulting conduct toward an officer on duty (para. 2). The key word is "lawful": you are technically not obliged to obey an unlawful order — but a court, not you on the street, decides afterward whether it was lawful.

What counts as disobedience: failing to stop when required; refusing to confirm your identity during a lawful identification (Art. 20 of the Law "On Police"); not stepping out of the car on a lawful demand; refusing to leave a cordoned area; physically obstructing a patrol's lawful actions. What is NOT disobedience: staying silent and refusing to give statements (the right against self-incrimination), and declining a voluntary "invitation" to the station (Art. 21). But the line between "I declined an invitation" and "I refused a demand" is drawn by the officer on the spot — and their version can only be challenged later.

Sanctions (current wording): a fine of GEL 2,000–5,000 or administrative arrest of up to 60 days (paras. 1 and 2). For a repeat offence — where the person has already been penalised under this article — a fine of GEL 3,500–6,000 or arrest of 7–60 days (para. 3). Additionally: loss of the right to carry a weapon for up to 3 years; and for a foreigner — expulsion from Georgia and an entry ban of up to 3 years (Note 3 to the article).

Criminal escalation (since 16 October 2025). If a person already penalised under Art. 173, para. 3 again commits an act under the same article, it is no longer an administrative matter but a crime (Art. 353³ of the Criminal Code): imprisonment of up to 1 year, or up to 2 years for a repeat. Separately, Art. 353 CC covers resistance with the use or threat of violence (a shove, pulling away, a blow) — that is a criminal case straight away, 2–6 years, regardless of any prior penalties.

How to avoid being charged:

  • Comply first, appeal later. A court, not you at the scene, judges whether the order was lawful. Refusing "because the order is unlawful" on the street almost always becomes an Art. 173 report.
  • Ask for the basis calmly: "On what grounds? Is this a demand or an invitation (Art. 21)?" A question is not disobedience; refusing to comply is.
  • Do not insult or curse. Abuse of an officer is a separate offence (para. 2) carrying the same sanctions as the disobedience itself.
  • Never resist physically, even during an unlawful detention. That moves you out of Art. 173 and into criminal Art. 353 (2–6 years).
  • Record what happens (filming police is lawful) and state that you are complying under protest — this preserves your arguments for an appeal. For a foreigner the stakes are the highest of all: even a first instance of disobedience can lead to expulsion and an entry ban. If the situation is disputable — comply with the demand and contact a lawyer immediately.

Sources (Matsne portal):

The English translation on Matsne lags several revisions behind; the authoritative source for current sanctions is the Georgian version (switch the language on the law's page).

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