The fine imposed for the sale of polyethylene bags was annulled due to lack of evidence

• 2025-05-27

The Administrative Court upheld the claim filed by the economic operator and declared the administrative act imposing an administrative sanction invalid. The court concluded that the fact of the administrative offense had not been properly substantiated.
The administrative body had imposed a fine on the claimant through an administrative act, alleging that the claimant had sold polyethylene bags with a thickness of less than 50 microns, in violation of the requirements set forth in Article 9.2 of the Law “On Trade and Services.” As evidence, the authority had submitted an offense report that was drawn up in the absence of the claimant and without their signature.
During the court proceedings, the claimant stated that they had not been informed of the circumstances of the alleged offense, nor were they made aware of their rights. The offense report did not contain specific data, including the technical characteristics of the measuring device used or any calibration documentation. The claimant emphasized that the report was purely formal and lacked any factual basis.
The court stressed that a comprehensive and objective examination of the case had not been conducted, and therefore, the administrative act was deemed unlawful.
The Administrative Court concluded that the administrative offense had not been properly proven, and the decision was made in violation of both procedural and substantive legal norms.
As a result, the administrative act was declared invalid.
This judgment reaffirms that when imposing administrative sanctions, authorities are obliged to fully protect individual rights and ensure lawful procedural conduct.

Notice
The ruling of the RA Administrative Court in case No. VD/2709/05/22 has entered into legal force.