Another decision not in conformity with the principle of legal certainty was declared invalid;

  • 2017-09-26

In this case, too, the issue concerned the groundlessness of the administrative act adopted by the administrative body: the administrative body during the administrative proceedings was obliged to compare the characteristics of the offense with the characteristics of the act committed by the driver, however, it was merely satisfied with a sole statement, providing that the driver had violated the rules of stopping.

That is to say, the administrative act was not legally grounded, moreover it was not clear which particular rule the claimant had violated.

Accordingly, Judge of the Administrative Court S. Hovakimyan, in the administrative case No. VD / 3155/05/16 of 25 November 2016 satisfied claimant’s claim, and concluded that the administrative act establishing the administrative liability should clearly show the obligation of the Claimant and the principle of legal certainty of the administrative act set forth in the article 56 of law of the Republic of Armenia on the “fundamentals of administration and administrative procedure” was not respected in the adoption of the act. In other words, administrative act shall be formulated clearly and comprehensibly and the content of it shall be formulated in such a way, which is apparent for the addressee of the act what right is granted to him, which of his rights is restricted, which of his rights he is deprived of, or what obligation is imposed on him.

On the basis of the above facts, the RA’s Administrative Court declared the act as invalid.