An act of violation of a stop or station

• 2017-09-14

Decision of the RA’s Court of Cassation. VD / 1769/05/15

Numerous administrative cases were examined at the RA’s Administrative Court, concerning the certainty of the administrative acts adopted by the RA Traffic Police. The question at hand refers to administrative acts adopted relating to "stop station" road violations. In almost all cases, the RA Traffic Police (official) in its acts did not mention the particular norm being violated. This raised a question of uniform application of the law and a need of establishing a sound judicial precedent.

By the decision of the RA’s Court of Cassation dated 26.12.2016, the cassation appeal submitted by our lawyers was upheld.

The decision, in particular, stated: "Referring to the content of administrative acts aimed at subjecting a person to administrative liability for traffic violations, the Court of Cassation finds that in all cases where the relevant law enforcement agencies refer to this or that traffic rule aimed at bringing the person to administrative responsibility on the basis of the given misdemeanor must contain a specific traffic rule. The basis was Article 281 of the RA Code on Administrative Offenses, according to which the decision on imposing an administrative penalty must contain, inter alia, a statement of the circumstances established during the examination of the case. In other words, the Court of Cassation finds that one of the circumstances to be established in the administrative case of bringing a person administratively liable for a traffic violation is the specific traffic rule violated by the administratively liable person, which must be included in the content of the administrative penalty decision. If the relevant offense, which is the basis of administrative liability, does not contain the description of the given traffic rule, then the decision is invalid>>.