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Name of the Republic of Armenia

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF ARMENIA

of November 23, 2012 No. PKS-1059

On case "About determination of question of compliance of part 3 of Article 260 and part 2 of article 262 of the Code of the Republic of Armenia about administrative offenses of the Constitution of the Republic of Armenia based on the address of the defender of human rights of the Republic of Armenia

(Summary)

Proceeding from results of consideration of the case and being guided by Item 1 of Article 100, Item 8 of part 1 of article 101 of the Constitution of the Republic of Armenia, Articles 63, 64 and 68 Laws of the Republic of Armenia "About the Constitutional Court", the Constitutional Court of the Republic of Armenia

DECIDED:

1. To recognize the regulations of part 3 of article 260 of the Code of RA on administrative offenses determining that "at the request of person detained for making of administrative offense his relatives, administration on place of employment or studies are notified on the place of its stay" to the contradicting requirements of part 2 of article 16 of the Constitution of RA and invalid.

2. To recognize regulations of part 2 of article 262 of the Code of RA on administrative offenses contradicting requirements of part 3 of Article 16 and parts 4 and 5 of article 103 of the Constitution of RA and invalid.

3. To recognize regulations of part 3 of article 262 of the Code of RA on administrative offenses which is in system interrelation with provisions of part 2 of article 262 of the same Code contradicting requirements of part 2 of Article 3 and part 3 of article 16 of the Constitution of RA and invalid.

4. According to part two of article 102 of the Constitution of RA this Resolution is final and becomes effective from the moment of announcement.

Speaker

M. Topuzyan

 

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