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A state of emergency was declared in the RA for the time period of March 2020, 16, 6:30 p.m. - April 14, 5:00 p. m., which entailed a restriction of the right to move freely․
In case of movement without the documents required by the Commandant’s Office and in case of movement of more than 2 persons by private transport means, citizens may be held administratively liable in the form of a fine of 100-fold up to 250-fold of the minimum wage. The RA Police conduct control over the maintenance of restrictions.
Taking into account that during the administration carried out by the RA Police in relation to the state of emergency, administrative proceedings are often initiated on the grounds of violations of the above-mentioned requirements, in this analysis, HCA Vanadzor touches upon the legality of RA Police administration in the context of RA Code of Administrative Offences.
The study of the information published by the RA Police shows that those publications contain information in regard to cases when administrative offence protocols were made against persons who violated movement rules. The mentioned publications do not touch upon any case, where a person violated movement rules and the Police did not make an administrative offence protocol. And thus, it seems from the first sight, that the RA Police manifest the same conduct in regard to all persons who make the offence being discussed by making an administrative offence protocol. Meanwhile, this fact is refuted by certain information published on some media websites.
Summing up the conduct of the RA Police carrying out administration in the state of emergency, we record that when exercising control over the maintenance of movement rules, the RA Police violate the fundamental administration principles of legality and prohibition of arbitrariness, and manifest arbitrary and unequal approach towards similar factual circumstances, which entails violation of the right to legal equality safeguarded by the Constitution.
Summing up the findings of this analysis, we recommend the following.
✅Edit Article 182.3 (10) of the RA Code of Administrative Offences, dated December 6, 1985, with the following:
“Violation of mandatory rules of isolation or self-isolation envisaged as a restriction in the state of emergency declared on the grounds of emergency situation”.
Addend Article 182.3 of the RA Code of Administrative Offences, dated December 6, 1985, with the following:
“Violation of restrictions of the right to move during the state of emergency declared on the grounds of the emergency situation, except the offences envisaged by Article 182.3 (10) of this Code”.
✅ In case of detecting the offence for the first time, only make an oral remark.
✅ Adhere to the requirements of the RA legislation.
✅ Exclude differentiated approach towards citizens.
The complete analysis is available HERE (in Armenian)