Helsinki Citizens’ Assembly-Vanadzor

Helsinki Citizens’ Assembly Vanadzor Office hereby presents an opinion regarding the Draft Law on Making Amendments and Addenda to the RA Code of Administrative Offences, which was put for public discussion. We assess adoption of the draft as a setback from the principles of proper and effective administration.

The opinion highlights the need for adopting a new Code of Administrative Offences, which would be in harmony with the legal system of the democratic state of the Republic of Armenia and would reflect the best international practice. 

The draft does not strike a reasonable balance between private and public interests, the regulations therein are not sufficiently substantiated and reasoned, and they sometimes contradict the case law of the European Court of Human Rights and the RA Cassation Court.

The draft in brief 

The draft, inter alia, proposes to amend the two-month term for the administrative penalty established under paragraph 1 of Article 37 of the Code of Administrative Offences of the Republic of Armenia and establish a six-month term instead. The draft envisages that the presence of the person who made the administrative offence shall not be mandatory when compiling the protocol of the administrative offence. It is proposed that investigation of cases of administrative offences envisaged under Article 219.1 of the Code be conducted by the administrative body in a written procedure, except for cases when the administrative body comes to the conclusion that the case must be investigated in an oral procedure.

The aforementioned regulations contradict the principles of effective administration, as well as the right to participate in cases concerning one’s rights and be heard.

It is necessary 

• to withdraw the draft from circulation,
  
  

• to initiate adoption of a new Draft Code of Administrative Offences.

  
  
  

Click here to read the full opinion. (in Armenian)