Decision of the RA Administrative Court of Appeal

• 2017-09-14

RA’s Administrative court of appeal reversed the judgment of the RA’s Administrative court on administrative case No. Vd / 0399/05/16.

In this case, the person was held administratively liable at the time when he was not present in the Republic of Armenia, so the administrative offense could not have been committed by him. Initially, the Administrative court has rejected our claim, providing that the plaintiff did not prove that the offense has been committed by another person. 

By the decision of 20.05.2017, the RA’s Administrative Court of Appeal overturned the judgment of the lower court and confirmed that in each case the existence of a person's guilt in committing an administrative offense is directly conditioned by the latter's ability to manage his actions.

The higher court also noted that the legislature gave the owner of the vehicle the opportunity to present both to the administrative body and the Court, while exercising his right to judicial protection, evidence that his vehicle was driven by another person at the time of the offense. In this case, the owner of the vehicle is released from administrative liability, regardless of whether or not he/she provided information on the identity of the person committing the offense. This is in accordance with the principle of personal responsibility ‘the person is liable only personally’.