Sevak Sergoyan was brought to responsibility by – a 30000 AMD penalty on the ground of driving with 86 km per hour speed in Yerevan on 23.07.2014, at 04:52 o’clock. The penalty is defined by Part 2 of Article 1244 of the RA Code of Administrative Violations.
The driver presented a claim to the Administrative Court, insisting that the defined administrative act is insubstantial, because he did not commit any administrative violation during that time.
Studying the written proofs on the case, the court judged that the application should be satisfied, but taking as a basis not the claim of the applicant, but the fact that the Traffic Road Police inspector had made the act according to the law in force in the past.
The court mentioned that according to article 3 of the RA Law on “Changes and Amendments in the RA Code of Administrative Violations” (accepted on June 21, 2014 and entered into force on July 26, 2014):
“Article 124.4, exceeding the defined traffic speed by 11-30 km per hour by drivers of vehicles brings a penalty of 150 per cent of the minimal salary for each exceeded km per hour speed.”
The court found out that the administrative organ had fined the applicant according to the previous law, but had to fine him according to part 2 of article 124.4 of the RA Code on Administrative Violations that entered into force on 26.07.2014, according to which the size of the penalty of the applicant would have been 24000 AMD.
So, the court decided to satisfy the application of Sergey Sergoyan, announcing the decision of appointing an administrative penalty made by the senior inspector of the road traffic police invalid. 4000 AMD of state toll was compensated from the road traffic police in favor of the state budget.
The court also mentioned that the administrative act, which was declared invalid and did not have any force cannot cause legal consequences.
The road traffic police appealed the legal act in the Court of Appeals, and on April 29, 2015 the court decided to leave the decision of the RA Administrative Court invariable.
