The Administrative Court Invalidated the Administrative Sanction Decision: The Court Found Procedural and Substantive Violations

• 2025-05-07

Our client had filed a claim with the Administrative Court, challenging the decision of an administrative body that imposed an administrative sanction in the amount of 3,000,000 AMD. The administrative body had based its decision on Part 5 of Article 170.8 of the RA Code on Administrative Offenses.
The claimant pointed out a number of violations before the court, related to both substantive and procedural legal provisions. Specifically, the protocol underlying the administrative act did not comply with the requirements of Articles 255, 267, and 279 of the Code. The protocol lacked a concrete description of the violation, information identifying the individual who allegedly committed the offense, as well as any justification establishing that our client had committed the alleged administrative offense.
In addition, the administrative body had failed to fulfill its duty to conduct a full and comprehensive administrative proceeding, as required by Article 37 of the RA Law on the Fundamentals of Administration and Administrative Proceedings. During the trial, it was revealed that the administrative liability had been imposed more than two months after the violation was recorded, which contradicted the statute of limitations established by law.
Upon analyzing the facts, arguments, and legal norms presented, the court concluded that the administrative body had violated both procedural and substantive legal requirements. The administrative act was issued in disregard of legal provisions and the positions established in judicial practice. On this basis, the court fully upheld the claim and declared the administrative body’s decision invalid.

Notice
The judgment of the RA Administrative Court in administrative case No. VD/7310/05/21 has entered into legal force.