The import of ten names of drugs to the Republic of Armenia by the Drug Importing Company was rejected by an order of the RA Minister of Health

• 2021-03-05

The import of ten names of drugs to the Republic of Armenia by the Drug Importing Company was rejected by an order of the RA Minister of Health.
According to that order, there were some differences between the imported drugs and the drugs of the same name registered in the Republic of Armenia.
During the examination of the case, the Court did examine all the factual and legal circumstances of the case, it also referred to the legal positions of the Court of Cassation on the merits of the administrative act and ultimately found  that the order being challenged was adopted in violation of the requirements of the written administrative act.
The court, in particular, stated that the disputed order did not mention the grounds and justifications based on which it could have shown that the drugs in question did not meet the requirements set out in the state register of drugs registered in the Republic of Armenia.
At the same time, the Court emphasized that the duty of the administrative body to state all the essential factual circumstances in the administrative act as defined by the Legislature is an imperative obligation, which also serves as a legal basis for the defendant to exercise his/her right of defence. 
Moreover, the Court found that the plaintiff's allegations that the order was not reasoned were well-founded, as the administrative act was not clear, and it was not either certain what specific obligation was imposed on the addressee, which ultimately deprived the latտer of effective judicial protection.
Thus, as a result of the presented reasons, the court satisfied the claim and annulled the order.