Helsinki Citizens' Assembly-Vanadzor

Opinion on adoption of the Draft Law on Making Amendments and Addenda to the Republic of Armenia Code of Administrative Offences and Related Laws

November 17, 2023

Right to a Fair Trial | Activities | Right to an Effective Remedy | Law Enforcement Practice Analysis | Rights | State Institutions | Legislative Proposals | Legislative Proposals and Analysis

HCA Vanadzor hereby presents an opinion on adoption of Draft Laws on Making Amendments and Addenda to the RA Code of Administrative Offences which was put for public discussion.

 

The draft does not ensure principles of proper effective administration and violates rights - established by law and safeguarded by international legal procedures - of persons who have committed administrative offences.

 

According to the current regulation, the requirement to appeal administrative acts to the superior body prior to applying to court is in place only in case of concrete administrative offences, whereas  the draft establishes a requirement to appeal all administrative acts and activities/inactivity of the RA MIA Police bodies (non-contentious phase) to a superior body prior to applying to court.

 

The draft does not ensure principles of proper effective administration and violates rights - established by law and safeguarded by international legal procedures - of persons who have committed administrative offences. Therefore, considering the above-mentioned, we find that the draft should be withdrawn from circulation. 

 

Click to read the full opinion.  

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