1 / 8

It is proposed to empower the local self-government bodies not only to apply an administrative penalty in the form of a fine, but also to apply an additional administrative penalty by confiscating objects used during trade or service rendering in cases of trade or service rendering in non-fixed places and in violation of the requirements established by law.

The legislative package designing amendments and addenda to the Code on Administrative Offenses and in a number of laws was debated in the first reading at January 11 sitting of the Standing Committee on Territorial Administration, Local Self-Government, Agriculture and Environment Protection. The legislative package was revised by Yerevan Municipality.

The RA Deputy Minister of Territorial Administration and Infrastructure Hovhannes Harutyunyan introduced the main amendments, after which the Deputy Mayor of Yerevan Suren Grigoryan touched upon the regulations in more detail.

According to Suren Grigoryan, in some cases, confiscation judicially may not work. It will refer to the cases when the property seized at the time of appealing to court will no longer exist and it will not be possible to apply to court to set public property. “In that case, if the citizen thinks that the administrative body, in this case the community has carried out authority inappropriately, and his rights have been violated, he can submit an application and receive a monetary compensation,” the Deputy Mayor mentioned.

In case of food seizure, the return cannot be an adequate restoration of rights. “If food is seized from the person and is returned even the next day, it is no longer the same food,” Suren Grigoryan said and clarified that it is different in case of unspoiled goods. They will be confiscated and kept by the community. If later it turns out that the person's right has been violated, that product will be returned.

According to the Deputy Mayor, the cases of multiple use of fine today do not serve their purpose. In one case, people who carry out such activities have no property so that the fine is confiscated from them. In other case, these people have a lot of income, and that fine is not a restraining mechanism for them.

According to Suren Grigoryan, the adoption of the initiative is conditioned by the need to maintain public health: unhygienic food kept in unsanitary conditions is often sold, creating health risks for citizens. Next is the city appearance. According to the rapporteur, the city must not be turned into a market. Although there are separate places for trade, they often do not serve their purpose, they are half empty. According to him, the initiative is also important from the viewpoint of ensuring fair competition.

The Committee Chair Vahe Ghalumyan reminded during the related report that the legislative package was debated in detail. The NA Expertise and Analytical Department has introduced some observations that will be debated during the period from the first the second reading.

The issue has been endorsed by the Committee.

Due to the absence of the author, the debate of the legislative package on Making Amendments and Addenda to the RA Law on Waste Removal and Sanitary Cleaning and on Making Addenda and Amendments to the RA Code on Administrative Offenses has been postponed for up to two months.