Helsinki Citizens’ Assembly-Vanadzor

On 01․02․2024, the RA NA Standing Committee on State and Legal Affairs presented a positive conclusion on the draft law “On making amendments and an addendum to the RA Code of Administrative Offences” and related draft laws (hereinafter referred to as “the draft”).

On 15.11.2023, HCAV published an extremely negative opinion regarding adoption of the legislative initiative in the frame of public discussion of the draft.

The draft envisages a requirement to appeal administrative acts and activities/inaction of the RA MIA police authorities to a superior authority (non-judicial procedure) prior to appealing them in Court. The draft reviews the amount of state duty established for judicially appealing acts of RA MIA police bodies on administrative offenses, excludes initiation of a claim based on the protocol on an administrative offence by establishing a legal opportunity for the RA MIA Police to make an administrative act based on the relevant protocol.

We hereby once again state that the draft does not ensure principles of proper and effective administration and violates an administrative offender’s rights established under the Code and safeguarded under international legal procedures.

The draft also envisages review of the amount of state duty required for judicially appealing acts of the RA MIA Police competent bodies on administrative offenses. It should be noted that the review leads to a significant increase in the amount of state duty, which, in its turn, also leads to breach of the principle of access to Court.

According to part 1 of Article 61 of the RA Constitution, everyone shall have the right to effective judicial protection of their rights and freedoms. The principle of access to Court is inherent in this right.