The Inspection Body’s Decision Was Annulled

• 2023-05-05

By the decision of the Ministry of Health and Labor Inspection of the Republic of Armenia, the company’s director was subjected to administrative liability, amounting to 4,000,000 AMD.
According to this decision, the claimant had imported and sold unregistered medicines in Armenia, thereby violating the requirements of the Law of the Republic of Armenia on Medicines and the regulations governing the import and export of medicines and pharmaceutical substances.
The court, considering the legal positions presented by the parties, deemed it necessary to clarify whether the administrative body had adhered to the time limits for imposing administrative penalties, as well as whether the alleged violation had been discovered as a result of relevant inspections, which had been presented in the claim.
Upon reviewing the evidence in the case, the court noted that no actual inspection had been carried out in relation to this administrative violation, meaning the alleged violation had not been discovered through an inspection. Consequently, by the time the administrative penalty was imposed, the two-month period specified in Article 37, Part 1 of the Code of Administrative Offenses of the Republic of Armenia had already expired. Therefore, the claimant could not be held administratively liable.
Based on the above, the court concluded that the administrative act had been adopted in violation of the law, and thus annulled it.

Note:
The decision of the Administrative Court of the Republic of Armenia in case No. VD/12063/05/18 has entered into legal force.