Regarding the Participation of the Alleged Offender in the Compilation of the Report

• 2023-03-07

Based on the decision of the Health and Labor Inspectorate of the Republic of Armenia, the Plaintiff was subjected to administrative responsibility under Article 42.1 of the Administrative Offenses Code of Armenia.
In the petition presented to the Court, we argued that the obstacle to the conduct of the inspection could not lead to administrative responsibility, since the norm prescribes responsibility for obstructing inspection, audit, study, and administrative proceedings.
Furthermore, the administrative body had violated the limitation of discretionary powers and failed to notify the Plaintiff about the date and time of the inspection. Additionally, the administrative offense report was compiled in the absence of the Plaintiff.
The Court, directly assessing all the evidence present in the case, rightly noted that the report lacked the signature of the person who committed the administrative offense, indicating that it was prepared in their absence. In this case, the Plaintiff was deprived of the opportunity to exercise their rights, which is unlawful and does not ensure the full exercise of the Plaintiff's rights.
Thus, the Court found that the contested administrative act was issued in violation of Article 255 of the Administrative Offenses Code of Armenia and declared it null and void.
Considering the reasoning above, the Court did not address other factual and legal grounds cited in the petition.

Note:

The decision of the Administrative Court of Armenia in the administrative case No. VD/9275/05/20 has entered into legal force.