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Decision of the RA’s Administrative Court of Appeal


  • 2017-09-15

Our partner Hayk Sahakyan filed a lawsuit in the RA Administrative Court against the "Traffic Police" service of the RA Police on the demand to declare the administrative act invalid. The person was held administratively liable when he was not in the Republic of Armenia at the time of the offense. Referring to Article 32 of the RA Code on Administrative Offenses, as well as presenting the necessary evidence, it was demanded to declare the disputed decision invalid.

By the decision of the RA Administrative Court / Judge K. Avetisyan / dated 22.08.2016, the claim was satisfied.

An appeal was filed by the Traffic Police Service of the RA Police. The RA Administrative Court of Appeal (chaired by K. Mkoyan), reaffirming the position of the RA Administrative Court, provided:

The Court of Appeals finds that the mentioned reasoning of the Court is well-founded, as the plaintiff challenged the decision No. 1504015632 of 24.12.2015 "On imposing an administrative penalty" by the Traffic Police of the RA Police on the grounds that the violation was committed by another person. It is based on evidence that the Plaintiff was absent from the Republic of Armenia during the period of the offense, which is confirmed by the relevant stamps in the Plaintiff's passport. In other words, this fact excluded the possibility that the offense could have been committed by him. As a result of the examination of the evidence in the case, the circumstance essential for the resolution of the case was not confirmed in any way.

Note:

According to the third paragraph of Article 32 of the RA Code on Administrative Offenses, in cases when the traffic violation was fixed by video or photography, the administrative responsibility provided by this Code is borne by the owner of the vehicle, and if the vehicle belongs to a legal entity or sole proprietor, then the head of the legal entity or the sole proprietor, respectively, if they do not prove that the violation was committed by another person.

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