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Entrepreneur Fined with 3 000 GEL for Having Sold 1.10 cm Long Iron Pipe

August 24, 2011

Lela Khechoshvili, Information Center of Kakheti

Inspector-investigator of the Kakheti region main department of the MIA fined owner of the Ltd Khalikhebi Akaki Kharashvili from Kardenakhi village in Gurjaani district with 3 000 GEL for having sold an iron pipe of 150 mm diameter and 1, 10 cm length.

Police officer said Akaki Kharashvili was collecting scrap iron illegally. More precisely, realization of pipe with 150 mm diameter as a scrap iron is illegal.

Akaki Kharashvili appealed against the fine protocol initially at the Telavi district court and then at the Tbilisi Appeal Court.

The entrepreneur said at the trial he had given the pipe to his neighbor to sell as a scrap iron. “I had a part of the old pipe at home and gave it to him to sell together with other iron things he had gathered in his own yard since he had no money to buy bread. Then police officer came and fined me with 3 000 GEL. He could fine me with only 1 000 GEL but he refused,” said the owner of the Khalikhebi.

The entrepreneur requested to annul the fine protocol but the court did not satisfy his request.

Judge Manana Chokheli at the Tbilisi Appeal Court clarified that in accordance to the Article 179-2 of the Administrative Code of Georgia, violation of the estimated rule of collection, purchase, transportation, selling or realization of black and color metals, things made with those metals, or their scrap iron and remains shall be fined from 1 000 to 3 000 GEL as well as confiscation of the black and color metals, things made with those metals, their scrap iron and remains.

Article 1 Part III of the resolution 85th issued on February 2, 2007 about Estimation of the Rules on the Purchase of Black and Color Metals, Remains of Black and Color Metals lists the things which cannot be realized. They are pipes with more than 100 mm diameter. Akaki Kharashvili did not provide the court with circumstances different from those mentioned in the fine protocol as well as the evidence to prove his innocence. The suit was not grounded enough and did not contain valid evidence,” the judgment of the Tbilisi Appeal Court.

Tax inspectors have become more active for the last two months. Tax inspectors send children and pregnant women to shops to check their activities. The scheme of their activities is equal in every district – they initially confuse a shop-assistant and then, fine her with 500 GEL for not having given a receipt.

For example, in a bakery where only two persons work – one was baking bread in the “tone” (Georgian oven to bake bread) and second was kneading dough, a young man entered, took one bread, put 60 tetri on the table and left the bakery. Two minutes later tax inspectors entered the bakery and demanded meeting with the owner. Finally, they fined them with 500 GEL for not using the cash machine.

Shops were also fined with same method. “A child entered our shop; a pregnant woman entered in other shop. The child bought a chewing gum and gave the money in advance and before I gave the receipt to him, tax inspectors entered and fined with 500 GEL,” said a shop assistant of a grocery in Telavi.

Most entrepreneurs do not sue the fine protocols at the court. They say there is no precedent in the region when entrepreneur won trial against the tax inspection.

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