Regarding the Deadline for Administrative Liability
- 2022-06-28
According to the decision of the Health and Labor Inspectorate of the Republic of Armenia, the director of a pharmaceutical importing company was subject to administrative liability for violating the provisions of the RA Law on Drugs and the rules for the importation and exportation of drugs and pharmaceutical substances.
The petitioners requested that the act giving rise to administrative responsibility be declared invalid on the grounds that the deadline for imposing administrative liability had expired.
After reviewing the petition, the administrative court noted that the administrative proceedings had been conducted in compliance with the deadlines set forth in Article 37 of the Administrative Offenses Code of Armenia for the imposition of administrative penalties. Therefore, considering the petitioner’s arguments as unfounded, the court rejected the claim.
Upon reviewing the appeal, the appellate court, after analyzing the applicable legal provisions, concluded that there was no need for additional administrative actions, which could be classified as inspections, to uncover the fact of the violation regarding the importation of drugs into Armenia in violation of Armenian legislation. Consequently, the calculation of the deadlines for administrative responsibility in relation to the violation of drug importation laws cannot be made according to the procedure established by Article 37, Part 4, of the Administrative Offenses Code. Instead, the deadline for imposing responsibility for such violations should be calculated according to the general rule, specifically within the two-month deadline stipulated in Article 37, Part 1, of the Administrative Offenses Code of Armenia.
Thus, the Armenian Appellate Administrative Court decided to accept the appeal, overturn the judicial act, and make a ruling to change the decision.
Note:
The decision of the RA Appellate Administrative Court in administrative case number VD/12652/05/18 has entered into legal force.