The Administrative Act Was Annulled Due to Insufficient Evidence
.png)
- 2025-05-11
Our client filed a claim with the Administrative Court of the Republic of Armenia, seeking to annul an administrative act issued by a state authority, which held them administratively liable for the alleged distribution of unregistered medicinal products in Armenia.
The contested administrative act had been issued based on Article 47.3, Part 1, Point 1 of the Code of the Republic of Armenia on Administrative Offenses.
As evidence, the administrative authority submitted the pharmacy inspection report, an expert opinion, and a rejection order from the Ministry of Health of the Republic of Armenia. However, the claimant argued that these documents were insufficient to substantiate the alleged offense and cited several procedural and substantive violations. Specifically:
- The case file lacked direct evidence proving the actual distribution of the medicinal products, in violation of Article 251 of the Code on Administrative Offenses of the Republic of Armenia;
- The conclusion regarding the unregistered status of the drugs was based on the opinion of a body lacking the appropriate authority, despite the fact that Articles 16 and 23 of the RA Law "On Medicinal Products" clearly designate a specific competent authority for such determinations;
- The inspection report did not contain clear evidence that the medicinal products were displayed for the purpose of sale.
After examining the case materials and the applicable legal norms, the Administrative Court of the Republic of Armenia concluded that the evidence presented by the administrative authority was insufficient to prove that the claimant had committed the alleged administrative offense.
On that basis, the Court rendered a decision annulling the administrative act issued by the state authority, in accordance with Article 63 of the Law of the Republic of Armenia “On the Fundamentals of Administration and Administrative Proceedings.”
This judicial act once again underscores the importance of the sufficiency and legality of evidence in administrative proceedings.
Notice:
The judgment of the RA Administrative Court in Administrative Case No. VD/1031/05/23 has entered into legal force.