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CODE OF ADMINISTRATIVE OFFENCES OF THE REPUBLIC OF ARMENIA

of December 6, 1985

(as amended on 16-11-2023)

Accepted by National Assembly of the Republic of Armenia on December 6, 1985

Section I. General provisions

Chapter 1. General provisions

Article 1.

Voided according to the Law of the Republic of Armenia of 28.12.2012 No. ZR-247

Article 2.

Voided according to the Law of the Republic of Armenia of 28.12.2012 No. ZR-247

Article 3.

Voided according to the Law of the Republic of Armenia of 28.12.2012 No. ZR-247

Article 4.

Voided according to the Law of the Republic of Armenia of 28.12.2012 No. ZR-247

Article 5.

Voided according to the Law of the Republic of Armenia of 28.12.2012 No. ZR-247

Article 6.

Voided according to the Law of the Republic of Armenia of 28.12.2012 No. ZR-247

Article 7.

Voided according to the Law of the Republic of Armenia of 28.12.2012 No. ZR-247

Article 8. Operation of the legislation on responsibility for administrative offenses

Person who made administrative offense is subject to responsibility in time and in the place of making of offense based on the current legislation.

The acts mitigating or canceling responsibility for administrative offenses have retroactive force, that is extend also to the offenses made to the publication of these acts. The acts establishing or aggravating responsibility for administrative offenses have no retroactive force.

Proceedings about administrative offenses are performed in time and in the place of consideration of the case about offense based on the current legislation.

Section II. Administrative offense and administrative responsibility

I. General part

Chapter 2. Administrative offense and responsibility for its making

Article 9. Concept administrative offense

Administrative offense (offense) is recognized illegal, guilty (intentional or careless) or such action or failure to act encroaching on the state or public order, safety of the state, socialist property, the rights and freedoms of citizens, established procedure of management for which the legislation provides the administrative responsibility.

The administrative responsibility comes for the offenses provided by this Code if these violations in character do not involve criminal liability according to the current legislation.

Article 10. Making of administrative offense is intentional

The administrative offense is recognized committed intentionally if the made his face understood illegal nature of the action or failure to act, expected its harmful effects and wished them or consciously allowed approach of these effects.

Article 11. Making of administrative offense on imprudence

The administrative offense is recognized committed on imprudence if the made his face expected possibility of approach of harmful effects of the action or failure to act, but thoughtlessly expected to prevent them or did not expect possibility of approach such effects though shall and could expect them.

Article 12. Age on reaching which there comes the administrative responsibility

Are subject to the administrative responsibility person who until making of administrative offense performed sixteen years.

Article 13. Responsibility of minors

Concerning persons, made administrative offenses aged from sixteen up to eighteen years, the measures provided by Regulations on the commissions on the cases of minors approved by Presidium of the Supreme Council of the Republic of Armenia are applied.

Persons which are aged from sixteen up to eighteen years in case of making of the administrative offenses provided by Articles 53, 123-131, 160, of 172, of 173, of 182, 190-193 of this Code are subject to the administrative responsibility in accordance with general practice. Taking into account nature of committed offense and the identity of the violator of case in the relation of specified persons (except for persons who made offenses, stipulated in Article 182 of this Code) can be transferred, and in case of making of offenses, stipulated in Article 53 of this Code, as a rule, are subject to transfer for consideration to executive committees of regional (city), regional councils of the cities of the commissions on cases of minors.

Minors from sixteen to eighteen years can be subject to the administrative responsibility in accordance with general practice also in other cases which are directly provided by legal acts of the USSR.

Article 14. Responsibility of officials

Officials are subject to the administrative responsibility for administrative offenses which are connected with non-compliance with the rules established in the field of protection of procedure for management, the state and public order, the nature, health of the population and other rules which ensuring execution belongs to their job responsibilities.

In sense of this Code, the official of batch the member of governing body of batch responsible for the actions (failure to act) attracting responsibility under this Code based on the party charter or other documents, or the responsible member or the worker of batch performing organizational and managerial, administrative functions is considered.

Article 15. Responsibility of the military personnel and other persons to whom action of disciplinary sets of rules, for making of administrative offenses extends

Employees of bodies of defense, homeland security, police, rescue service and republican executive bodies, military personnel, and also the persons liable for call-up who are called up for military service bear the administrative responsibility for administrative offenses. Bear the administrative responsibility in general procedure for the abuse of regulations of hunting, fishing, customs rules, requirements of the legislation of safety of traffic of person specified in this part. To the specified persons who violated rules of hunting, fishing and storage of fish inventories, customs rules, the penalty is not applied. For violation of requirements of the legislation in the field of safety of traffic the penalty is not applied to specified persons if the offense was made on office vehicles.

Other persons, except one this Article of persons specified in part to whom action of disciplinary sets of rules or special regulations on discipline extends in the cases which are directly provided by them bear disciplinary, and in other cases – the administrative responsibility for administrative offenses in accordance with general practice.

In the cases specified in parts of one this Article, bodies (officials) which are granted the right to impose administrative punishments can transfer instead of imposing of penalties materials about offenses to relevant organs for the solution of question of involvement of guilty persons to disciplinary responsibility.

Article 16. Responsibility of foreign citizens and stateless persons

The foreign citizens and stateless persons which are in the territory of the Republic of Armenia are subject to the administrative responsibility in accordance with general practice with citizens of the USSR.

The question of responsibility for the administrative offenses made in the territory of the Republic of Armenia by foreign citizens who, according to current laws and international treaties of the USSR, have the immunity right from the administrative responsibility of USSR and the Republic of Armenia is allowed in the diplomatic ways.

Article 17. Emergency

Is not subject to the administrative responsibility person who though made the action provided by this Code or other regulations establishing the administrative responsibility for administrative offense however acted in emergency condition, that is for elimination of danger which threatened the state or public order, socialist property, the rights and freedoms of citizens, established procedure of management if this danger under these circumstances could not be eliminated with other means and if the damage suffered in comparison with the prevented harm has the smaller importance.

Article 18. Justifiable defense

Is not subject to the administrative responsibility person who though made the action provided by this Code or other regulations establishing the administrative responsibility for administrative offense however acted in situation of justifiable defense, that is protected the state or public order, socialist property, the rights and freedoms of citizens, established procedure of management from illegal encroachment by causing encroaching harm if at the same time did not allow exceeding of limits of justifiable defense.

Article 19. Diminished responsibility

Person who during making of illegal action or failure to act was in diminished responsibility condition is not subject to the administrative responsibility, that is could not realize the actions or direct these actions owing to chronic sincere disease, temporary disorder of sincere activities, weak-mindedness or other disease state.

Article 20. Transfer of materials about administrative offense for consideration of burlaw court, public organization or labor collective

Person who made administrative offense is exempted from the administrative responsibility, and materials are submitted to burlaw court, public organization or labor collective if taking into account nature of committed offense and the identity of the offender it is reasonable to apply community sanction to it.

Concerning persons exempted from the administrative responsibility on the bases specified in part of one this Article for making of the offenses provided by Articles 126, of 129, of 133, of 159, of 163, 174-177 of this Code, materials the commissions on the fight against alcoholism formed at the company in organization, the organization and their structural divisions can be also submitted.

The administration, the commission on fight against alcoholism formed at the company in organization, the organization and their structural divisions, burlaw court or public organization shall in ten-day time, since day of receipt of materials, report the body (official) which directed materials about the community sanctions applied concerning persons, which made the administrative offenses provided by Articles 53, of 126, of 129, of 133, of 159, of 163, of 165, of 172, 174-177 of this Code.

Article 21. Possibility of release from the administrative responsibility in case of the small importance of offense

If the committed administrative offense has the small importance, body (official), the representative to solve case, can exempt the violator from the administrative responsibility and be limited to the oral note.

In case violation of the traffic regulation is fixed by means of video filming or photographing, the procedure established by part of one this Article can be applied also during production of appeal in higher procedure.

Article 21.1. Discharge of person which underwent to traffiking or exploitation of people

1. Person subjected to traffiking or exploitation of people is exempted from the administrative responsibility for offense which made compulsorily, during the traffiking performed in its relation or exploitation of people.

Article 21.2. Amnesty

1. Person who made administrative offense under the law on amnesty adopted by National assembly can be fully or partially exempted from the administrative responsibility, and person subjected to administrative punishment can be fully or partially exempted both from the basic, and from additional administrative punishment.

Chapter 3. Administrative punishment

Article 22. Purposes of administrative punishment

Administrative punishment is measure of responsibility and is applied for the purpose of education of person who made administrative offense in the spirit of observance of the Soviet laws, respect of rules of the socialist hostel, and also the prevention of making of new offenses by both the offender, and other persons.

Article 23. Types of administrative punishments

For making of administrative offenses the following administrative punishments can be applied:

1) prevention;

1. 1) penal point;

2) penalty;

3) paid withdrawal of the subject which was the tool of making or direct object of administrative offense;

4) confiscation of the subject which was the tool of making or direct object of administrative offense;

4. 1) suspension of the right of vehicle control;

5) deprivation of the special right;

6) ceased to be valid

7) ceased to be valid

8) suspension of economic activity.

By legal acts of USSR and the Republic of Armenia also others can be established, except specified in this Article, types of administrative punishments according to the principles and general provisions of Bases of the legislation of USSR and federal republics.

By the legislation of the USSR administrative exile of the foreign citizens and persons who do not have nationality from borders of the USSR for making of the administrative offenses which are roughly breaking the Soviet law and order can be provided.

Article 24. Main and additional administrative punishments

Paid withdrawal and confiscation of penal points, objects can be applied both as the main, and as additional administrative punishments; other administrative punishments listed regarding one Article 23 of this Code can be applied only as the main penalties.

For one administrative offense the main or main and additional penalty can be imposed.

Article 25. Prevention

The prevention as measure of administrative punishment is taken out in writing. In cases, stipulated by the legislation, the prevention is drawn up by other established method.

Article 25.1. Penal point

1. Penal points are applied to persons which allowed road traffic offenses (legislations in the field of traffic safety), in the cases provided by directly special part of this Code.

2. Person having the driving right vehicles from day of receipt of the car driver license of the right of vehicle control in the Republic of Armenia (from the date of the expiration of suspension of the right of vehicle control) is given 9 points for a period of one year. To the foreigner having the car driver license received in other state, and staying on the registry in the state register of the population, points are given from day of registration in the state register of the population (from day of the expiration of suspension of the right of vehicle control). Person having the right of control of vehicles on each subsequent period in one year is given 9 points, and the remaining balance of points for previous year is not postponed to the next year.

3. In case of registration of road traffic offense (the legislation in the field of traffic safety) the penal points established for the offense provided by the relevant article of special part of this Code are automatically subtracted from the general points this in this year (for one year) to person which allowed administrative offense.

4. Appeal of the decision on purpose of the administrative punishment providing penal point cannot prevent occurrence of its legal consequences for the administrative offenses allowed in this year and stipulated in Article 129.3 of this Code if the decision on purpose of administrative offense as a result of consideration of the claim became effective within the next year.

5. If the points subtracted for the offense provided by the relevant article of special part of this Code exceed remaining balance of the points this to person, penal points are subtracted in the amount of this remaining balance, irrespective of the size of the penal points established for this offense.

6. As the administrative responsibility for the administrative offenses provided by this Code 0,5, 1, of 2, of 3 or 4 penal points is applied.

Article 26.

Voided according to the Law of the Republic of Armenia of 11.01.2003 No. ZR-495

Article 27. Paid withdrawal of the subject which was the tool of making or direct object of administrative offense

Paid withdrawal of the subject which was the tool of making or direct object of administrative offense consists that the subject is withdrawn forcibly and afterwards is implemented with transfer of the realized sum to the previous owner less selling expenses of the withdrawn subject.

Paid forfeiture of firearms and ammunition cannot be applied to persons for whom hunting is the main source of existence.

The procedure for application of paid withdrawal and types of the objects which are subject to withdrawal are established by the legislation of USSR, this Code and other legislation of the Republic of Armenia.

Article 28. Confiscation of the subject which was the tool of making or direct object of administrative offense

Confiscation of the subject which was the tool of making or direct object of administrative offense consists that this subject forcibly gratuitously addresses to the state-owned or municipal property.

Confiscation of firearms, other tools and ammunition of hunting cannot be applied to persons for whom hunting is the main source of existence.

The property belonging to the fair third party is not subject to confiscation. In sense of this Article person is fair if it did not know and could not know that the property transferred to them to other person will be used or is planned to use as the tool of making or direct object of administrative offense.

Article 28.1. Suspension of the right of control of vehicles

1. Suspension of the right of management of the vehicle can be appointed term from one month to six months.

Article 29. Deprivations of the special right

1. Deprivation of the special right is temporary deprivation of person of the right of vehicle control or the right to hunting.

2. Deprivation of the right of vehicle control or the right to hunting can be appointed drain from one month to three years.

3. Deprivation of the right to hunting cannot be appointed concerning people for whom hunting is the main source of accommodation.

Article 30.

Voided according to the Law of the Republic of Armenia of 16.01.2006 No. ZR-32

Article 31.

Voided according to the Law of the Republic of Armenia of 16.01.2006 No. ZR-32

Article 31.1. Suspension of economic activity

1. Suspension of economic activity is temporary termination of economic activity.

2. Suspension of economic activity can be appointed term from one month to three months.

Chapter 4. Imposing of administrative punishment

Article 32. General rules of imposing of collection for administrative offense

Collection for administrative offense is imposed in the limits set by the regulation providing responsibility for committed offense in strict accordance with Bases of the legislation of USSR and federal republics about administrative offenses, this Code and other acts of administrative offenses.

When imposing collection nature of committed offense and the identity of the violator, the degree of his fault, property status, circumstances mitigating and aggravating responsibility are considered.

In case violation of the traffic regulation is fixed by means of video filming or photographing, then the administrative responsibility provided by this Code is born by the owner of the vehicle (in case of state registration of the right to leasing - the leasing recipient) (in case of the legal entity or the individual entrepreneur - respectively the head of the legal entity or the individual entrepreneur) or person, the being operating vehicle provided by the Law "About Traffic Safety" if do not prove that violation made the other person. The administrative punishment appointed in the form of penal points is applied to persons specified in this part if they have right of vehicle control of this category.

Features of the administrative production performed with the road traffic offenses found by means of video filming or photographing are established by the law.

Features of production on cases on the offenses provided by part 1 of Article 129.2 of this Code are established by the Law of the Republic of Armenia "About compulsory liability insurance, following from use of vehicles".

Article 33. The circumstances mitigating responsibility for administrative offense

The circumstances mitigating responsibility for administrative offense are recognized:

1) frank repentance of the guilty person;

2) prevention by the guilty person of harmful effects of offense, voluntary compensation of damage or elimination of damage suffered;

3) making of offense as a result of heat passion or in case of confluence of difficult personal or family circumstances;

4) making of offense by the minor;

5) making of offense by the expectant mother or woman having the child aged up to one year.

By the legislation of USSR and the Republic of Armenia also other circumstances mitigating responsibility for administrative offense can be provided. The body (official) solving case on administrative offense can recognize mitigating also such circumstances which are not specified in the legislation.

Article 34. The circumstances aggravating responsibility for administrative offense

The circumstances aggravating responsibility for administrative offense are recognized:

1) continuation of delinquent behavior, despite the requirement of persons authorized on that to stop it;

2) making of similar offense, repeated within year, for which person was already exposed to administrative punishment; making of offense by person who earlier committed crime;

3) involvement of the minor in offense;

4) making of offense group of persons;

5) making of offense in the conditions of natural disaster or in case of other force majeure;

6) making of offense in state of intoxication. The body (official) imposing administrative punishment depending on nature of administrative offense can not recognize this circumstance aggravating.

Article 35. Imposing of administrative punishments in case of making of several administrative offenses

In case of making by one person of two or more administrative offenses administrative punishment is imposed for each offense separately.

The part two voided.

Article 36. Calculation of term of deprivation of the special right

Term of deprivation of the special right is estimated for years, months or days.

Article 37. Terms of imposing of administrative punishment

1. Administrative punishment can be imposed no later than within two months from the date of making of offense, and in case of the proceeding and lasting offense – within two months from the date of its detection, except as specified, provided by this Article.

2. In case of refusal in initiation of legal proceedings or the terminations of criminal case, but in the presence in actions of the violator of signs of administrative offense, administrative punishment can be imposed no later than within a month from the date of pronouncement of the resolution on refusal in initiation of legal proceedings or about its termination.

3. Administrative punishment on cases on violation customs rules can be imposed within two months from the date of detection of offense, however no later than within 3 years from the date of making of offense.

4. If the administrative offense was not possible to be found without making of the corresponding checks or observations, then administrative punishment can be imposed no later than within two months after day of detection of administrative punishment by means of check or observation.

5. Administrative punishment on the cases provided by Articles 40. 3, 189.13, 189.14, 189.15, 189.16 and 189.19-189.24 of this Code, it can be imposed within two months after detection of administrative offense, however no later than within two years after making of offense, except as specified, provided by part 4 of this Article.

6. The corresponding administrative punishment according to actions for declaration, stipulated in Article 223 of this Code, is imposed in time, established by the Administrative Procedure Code of the Republic of Armenia.

7. Administrative punishment on cases on the administrative offenses provided by Articles 169.28 and 169.31 of this Code can be appointed within year after making of offense.

7.1. Administrative punishment on cases on administrative offenses, stipulated in Article 166.1 of this Code, can be appointed within three years after making of offense.

8. Administrative punishment on cases on administrative offenses in the field of protection of the economic competition can be appointed within three months from the date of entry into force of the decision of the Commission on protection of the competition confirming the offense fact, except for the offenses made by the physical persons who are the business entities established by the Law "About Protection of the Economic Competition" for whom administrative punishment can be appointed in time provided by part 1 of article 95 of the Law of the Republic of Armenia "About protection of the economic competition".

9. In case of the administrative offenses registered by the inspection statement which is drawn up by results of the tax supervision exercised by tax authority, or other administrative acts, administrative punishment can be appointed no later than within two months after the inspection statement or other administrative act becomes not appealed.

10. On the cases on administrative offenses considered by tax and customs authorities if on production on administrative offense the addressee of the administrative act was not, and the law excludes adoption of the corresponding administrative act without its presence, or adoption of the administrative act is possible only in case of identification of the addressee of this act, or examination is appointed, then administrative punishment can be appointed within one month after appearance of the addressee of the administrative act to administrative production, identifications of the addressee of the administrative act or receipt of experimental testimony, but no later than within one year after date of making of offense.

11. On cases on administrative offenses in the field of safety of the state administrative punishment can be appointed within three months from coming into force of the decision confirming the offense fact, but no later than within three years after making of offense.

Article 38. The term after which person is considered not being exposed to administrative punishment

If person subjected to administrative punishment within year from the date of the end of execution of collection did not make new administrative offense, then this person is considered not being exposed to administrative punishment.

Article 39. Assignment of obligation to indemnify the caused loss

If owing to making of administrative offense property damage was caused to the citizen, the company, organization or the organization, then the administrative commission, executive committee of settlement, village council of deputies, the commission on cases of minors, the national judge in case of the solution of question of imposing of collection for administrative punishment has the right to resolve at the same time issue of compensation by the guilty person of property damage if the amount of damage does not exceed fifty dram, and district (city) national court – irrespective of the extent of damage.

In other cases the question of compensation of the property damage caused by administrative offense is solved according to the procedure of civil legal proceedings.

Article 40. Discharge of duty for which non-execution administrative punishment was imposed

Imposing of administrative punishment does not exempt person who made administrative offense from discharge of duty for which non-execution administrative punishment was imposed.

II. Special part

Chapter 5. The administrative offenses encroaching on the rights of citizens and health of the population

Article 40.1. Election propaganda in day or in previous day votes

Election propaganda in day or in previous day votes by means of public statements, public actions:

attracts infliction of penalty from four hundred multiple to six hundred multiple sizes of the established minimum wage.

Election propaganda in day or in previous day votes by means of the Internet, the print media, on cable network, the radio companies and TV companies performing land on-air broadcasting (including, during satellite broadcasting):

attracts infliction of penalty to person or the head performing information activities, from five hundred multiple to seven hundred multiple sizes of the established minimum wage.

Article 40.2. Not signing of the protocol on results of vote by the member of the electoral commission or commission of referendum

Not signing of the protocol on results of vote by the member of the electoral commission or commission of referendum:

attracts infliction of penalty from hundredfold to three hundred multiple sizes of the established minimum wage.

Article 40.3. Not opening by the candidate or batch (bloc of parties) of pre-election fund, non-presentation of the declaration on payments in pre-election fund and their use, submission of the declaration with violation of the procedure established by the law or not work of expenses on election propaganda from pre-election fund

1. Not opening by the candidate or batch (bloc of parties) of pre-election fund if its opening is the obligation established by the law, non-presentation in the time of the declaration on payments established by the law in pre-election fund and their use, submission of the declaration with violation of the procedure established by the law or not work of expenses on election propaganda from pre-election fund:

attracts infliction of penalty in the amount of three hundredfold to the five hundredfold size of minimum wage.

Article 40.4. Not packaging in accordance with the established procedure sack with the selective documents or documents of referendum in the precinct election commission

Not packaging in accordance with the established procedure sack with the selective documents or documents of referendum in the precinct election commission:

attracts infliction of penalty from three hundred multiple to five hundred multiple sizes of the established minimum wage.

Article 40.5.

Voided according to the Law of the Republic of Armenia of 26.04.2007 No. ZR-145

Article 40.6. Not filling of the register of the electoral commission

Not filling in accordance with the established procedure register of the electoral commission:

attracts infliction of penalty to three hundred multiple sizes of the established minimum wage.

Article 40.7. Violation of the procedure of election propaganda established by the law on mass media

Failure to provide of equal conditions – broadcasting time or amount, rates and so on, for implementation of election propaganda of candidates, batches (party blocks) on mass media, except for the means of the press based by batches:

attracts infliction of penalty to person performing information activities from four hundred multiple to six hundred multiple sizes of the established minimum wage.

Obviously biased representation and (or) representation with estimates of information on the election propaganda performed by candidates, batches (party blocks) in the information programs broadcast on broadcasting companies (TV companies or radio companies) to the period established by the law for election propaganda:

attracts infliction of penalty to person performing information activities from six hundred multiple to eight hundred multiple sizes of the established minimum wage.

Publicizing of elections and (or) maintaining TV, broadcasts (telecasts or broadcasts) on broadcasting company (TV company or radio company) the staff of broadcasting companies after registration in the procedure established by the law as the candidate, during the period before the end of elections:

attracts infliction of penalty to person performing information activities from six hundred multiple to eight hundred multiple sizes of the established minimum wage.

Interruption TV, the broadcast (the telecast or broadcast) relating to election propaganda on trade advertizing during the period established by the law for implementation of election propaganda:

attracts infliction of penalty to person or the head performing information activities, from three hundred multiple to five hundred multiple sizes of the established minimum wage.

Article 40.8. Implementation by person who does not have the right to implementation of propaganda, election propaganda or propaganda concerning referendum or use of administrative resource for the purpose of election propaganda or propaganda concerning referendum

1. Implementation of election propaganda or propaganda concerning referendum person who does not have the right to implementation of election propaganda or propaganda concerning referendum during the period established by the law for propaganda:

attracts infliction of penalty for citizens in the amount of hundredfold to the two hundredfold size of minimum wage, and for officials - in the amount of two hundredfold to the four hundredfold size of minimum wage.

2. Use of administrative resource for the purpose of election propaganda or propaganda concerning referendum, including use of the financial, information resources, rooms, vehicles and means of communication provided for implementation of service duties, and human resources except as for the actions for safety applied concerning the high-ranking officials who are subject to the state protection under the Law "About Safety of Persons Which Are Subject to Special State Protection" and also use of official capacity to receipt of benefit during elections:

attracts infliction of penalty for citizens in the amount of two hundredfold to the four hundredfold size of minimum wage, and for officials - in the amount of four hundredfold to the eight hundred-multiple size of minimum wage.

Article 40.9. Violation of the procedure established by the law for publication of ratings of candidates, batches (party blocks), and also sociological or journalistic polls about the question raised on referendum

Not Instruction of the data provided by the law in case of the publication of ratings of candidates, batches (party blocks), and also sociological or journalistic polls about the question raised on the referendum for the period established by the law for implementation of election propaganda:

attracts infliction of penalty to physical persons from hundredfold to two hundred multiple sizes of the established minimum wage, the organization performing poll, from three hundred multiple to five hundred multiple sizes of the established minimum wage.

Publication of results of sociological or journalistic polls about candidates, batches (blocs of parties) participating in elections and also information on them in the day preceding vote and also in ballot day till 20:00 in mass media, including on the cable aunt, satellite network or on the television performing land on-air broadcasting on radio or in the print media, and also by means of the Internet:

attracts infliction of penalty for the physical person or the organization which performed the publication in eight hundred-multiple size of minimum wage.

Making of the same violation during one elections (referendum):

attracts infliction of penalty of the organization which performed the publication, for the second case of the publication in thousandfold size of the established minimum wage, and for each following case of violation – in double size of the penalty established for the previous case.

Article 40.10.

Voided according to the Law of the Republic of Armenia of 07.09.2018 No. ZR-376

Article 40.11. Distribution of propaganda printed materials in the absence of the details established by the law, breaking of posters or the work of texts on them

During the period provided by the law for election propaganda, distribution of the propaganda printed materials which are not containing the information about the customer, the printing organization and circulation:

attracts infliction of penalty from hundredfold to five hundred multiple sizes of minimum wage.

Deliberate breaking or the work of texts on the propaganda posters placed on the places allocated for placement of propaganda posters during the period provided by the law for election propaganda or propaganda of referendum:

attract infliction of penalty from fifty multiple to the hundredfold size of minimum wage.

Article 40.12. Failure to meet requirements of the decision of the electoral commission on elimination of violation in case of violation of established procedure of election propaganda by candidates, in lots, party blocks

Failure to meet requirements of the decision of the electoral commission on elimination of violation for the term specified in them or the non-notification about it the electoral commission in case of violation of established procedure of election propaganda by candidates, in lots, party blocks:

attracts infliction of penalty of batch, to the party block, in case of elections to National assembly, Councils of Yerevan, Vanadzor, Gyumri, from hundredfold to two hundred multiple sizes of minimum wage, and in case of elections in heads of municipality, members of council - from fifty multiple to the hundredfold size of minimum wage.

Making of the same violation during the same elections by the same subject more than once:

attracts infliction of penalty for each following case of violation – in double size of the penalty established for the previous case.

Article 40.13. Non-execution or improper execution of the powers in ballot day person (specialist) servicing the technical equipment provided to the precinct election commission performing registration of voters

Non-execution or improper execution of the powers in ballot day person (specialist) servicing the technical equipment provided to the precinct election commission performing registration of voters

attracts infliction of penalty in the amount of hundredfold to three hundred multiple sizes of minimum wage.

Article 40.14. Refusal to replace person servicing the technical equipment provided to the precinct election commission performing registration of voters, the member of the precinct election commission

Refusal to replace person servicing the technical equipment provided to the precinct election commission performing registration of voters, the member of the precinct election commission

attracts infliction of penalty in the amount of hundredfold to three hundred multiple sizes of minimum wage.

 

Article 40.15. Abuses of regulations of stay in the local center or in the territory adjacent to the local center

1. Regular entrance to the local center (if action continued after the oral prevention) or illegal stay in the local center (if action continued after submission of the oral requirement to leave the local center) person who does not have the right to be present at the local center or at the room of la of vote during preparation of vote, vote and summing up vote:

attracts infliction of penalty in fiftyfold size of minimum wage.

2. Deliberate evasion by person having the right to be present at the room for vote, the certificate in visible form in the procedure established by the law:

attracts infliction of penalty in twentyfold size of minimum wage.

3. The continuing presence of person in ballot day in the territory, adjacent and to the local center, including to entrance to the local center for perimeter to 50 meters for the purpose of control of free declaration of will of the voter if it proceeded after the oral prevention:

attracts infliction of penalty in fiftyfold size of minimum wage.

Article 40.16. Implementation of charity by the organizations during the period prohibited by the law

1. Implementation of charity by the organizations which names can be associated with names of the batches participating in elections or the organizations run by batches, and also the organizations the founder (founders) or the head of which stood (stood) as the candidate(s) on these elections, for the period from the date of entry into force of the decision on calling of an election or referendum before summing up elections or referendum in communities in which elections are held:

attracts infliction of penalty for the official of the organization from two hundredfold to the four hundredfold size of minimum wage.

Article 41. Violation of requirements of the labor law and other regulatory legal acts containing regulations of labor right

Violation of requirements of the labor law and other regulatory legal acts containing regulations of labor right (except as specified, provided by Articles 41. 1, 41.2, 41.6, 96.1, part of the nineteenth Article 158, Articles 169. 5, 169.8 of this Code),

attracts the prevention concerning person which allowed violation.

Violation of requirements of the labor law and other regulatory legal acts containing regulations of labor right which is made within one year after application of measures of administrative punishment

attracts imposing of penalty on the employer in fiftyfold size of the established minimum wage.

Article 41.1. Hindrance to implementation of the rights of employee representatives

Hindrance to implementation of the rights of the employee representatives established by the Labor code of the Republic of Armenia

attracts imposing of penalty on the employer in fiftyfold size of the established minimum wage for each case of violation.

The same violation which is made repeatedly within one year after application of measures of administrative punishment,

attracts imposing of penalty on person which allowed violation in fiftyfold size of the established minimum wage for each case of violation.

Article 41.2. Hindrance to all or certain workers to visit their workplaces after decision making about the announcement of strike and during the strike, refusal in provision to workers of work, employees engagement to disciplinary responsibility for participation in strike

Hindrance to all or certain workers to visit their workplaces after decision making about the announcement of strike and during the strike, refusal in provision to workers of work, employees engagement to disciplinary responsibility for participation in strike,

attracts imposing of penalty on person which allowed violation in fiftyfold size of the established minimum wage.

The same violation which is made repeatedly within one year after application of measures of administrative punishment,

attracts imposing of penalty on person which allowed violation in hundredfold size of the established minimum wage.

Article 41.3.

Voided according to the Law of the Republic of Armenia of 15.07.2010 No. ZR-118

Article 41.4. Non-execution of deductions, the stipulated in Article 20 Laws of the Republic of Armenia "About employment"

Non-execution of deductions,

attracts imposing of penalty on the employer in the amount of 0,15 of percent from the amount of deduction which is subject to payment for each overdue day of payment, but no more than the size of the amount which is subject to payment.

Article 41.5. Evasion from accounting of the data on case of corruption nature or collision of interests or abuse of regulations of behavior or the requirements of incompatibility or other restrictions provided by the informant either connected about declaring or other damage to public concerns or their threat, evasion from initiation of production on their basis in the presence of the bases, from ensuring confidentiality of the initiated production, from provision of opportunity to the informant to submit documents and applications, from provision of data on course of production and the taken measures upon the demand of the informant, from taking measures for the purpose of check of authenticity of the message, protection of the informant against dangerous actions, and also elimination of dangerous actions and their effects

1. Evasion from accounting of the data on case of corruption nature or collision of interests or abuse of regulations of behavior or the requirements of incompatibility or other restrictions provided by the informant either connected about declaring or other damage to public concerns or their threat, evasion from initiation of production on their basis in the presence of the bases, from ensuring confidentiality of the initiated production, from provision of opportunity to the informant to submit documents and applications, from provision of data on course of production and the taken measures upon the demand of the informant, from taking measures for the purpose of check of authenticity of the message, protection of the informant against dangerous actions, and also elimination of dangerous actions and their effects if this act does not contain essential elements of offense:

attracts infliction of penalty in the amount of hundredfold to the two hundredfold size of the established minimum wage.

2. Evasion from ensuring confidentiality in processing of personal data of the informant if this act does not contain essential elements of offense:

attracts infliction of penalty in the amount of three hundredfold to the four hundredfold size of the established minimum wage.

Article 41.6. Violation of requirements of acceptance or work permit

1. Acceptance or attraction by the employer to work of person up to sixteen years with violation of the requirements provided by the law or involvement of person up to eighteen years to the works prohibited by the legislation, either permission of it or involvement of pregnant women or women with children about one year to the prohibited works or work under harmful or dangerous working conditions or permission of it:

attracts infliction of penalty in the amount of the two hundredfold size of the established minimum wage.

2. Repeated making any of the acts established by this Article within year after purpose of administrative punishment:

attracts infliction of penalty in the amount of the four hundredfold size of the established minimum wage.

Article 41.7. Violation of copyright and related rights

1. Assignment of authorship or illegal use of object of the author's or related right or implementation of the work without the consent of the owner of the author's or related rights if it caused to the author or the owner property damage in small sizes:

attracts imposing of penalty in the amount of fiftyfold to the hundredfold size of the established minimum wage.

2. In sense of this Article the amount (cost) which is not exceeding 500 000 thousand dram of the Republic of Armenia is considered the small size.

Article 41.8. Violation of the patent law

1. Illegal use of subject of the patent law or distribution of information on its essence without the consent of the applicant before official recognition of this right or assignment of his authorship if it caused property damage in small sizes:

attracts imposing of penalty in the amount of fiftyfold to the hundredfold size of the established minimum wage.

2. In sense of this Article the amount (cost) which is not exceeding 500 000 thousand dram of the Republic of Armenia is considered the small size.

Article 42. Violation of health, sanitary and hygienic and sanitary and epidemiologic regulations and regulations (except for spheres of safety of foodstuff, rules and regulations of preserving atmospheric air), hygienic standard rates

Violation of health, sanitary and hygienic and sanitary and epidemiologic regulations and regulations (except for spheres of safety of foodstuff, rules and regulations of preserving atmospheric air), hygienic standard rates,

attracts imposing of penalty on citizens in the amount of tenfold to twentyfold, on officials – from fortyfold to the hundredfold amount of the established minimum payment of work.

The same act if it is made repeatedly or each subsequent case within one year after application of measures of administrative punishment,

attracts imposing of penalty on citizens in the amount of twentyfold to thirtyfold, on officials – from hundredfold to the hundred-fiftyfold amount of the established minimum payment of work.

Article 42.1. Non-execution of recommendations of officials of the inspection body exercising control in the field of health care and behind the labor law or preventing to the checks, checking visits, studying performed by inspection body and (or) implementation of administrative production

1. Non-execution of recommendations of officials of the inspection body exercising control in the field of health care and behind the labor law (further – inspection body), or preventing to the checks, checking visits, studying performed by inspection body and (or) implementation of administrative production:

attracts infliction of penalty concerning citizens in the amount of fifteenfold to the thirtyfold size, concerning officials – in the amount of eightyfold to the stapyatidesyatikratny size of the established minimum wage.

The same act if it is made repeatedly or each subsequent case within one year after application of measures of administrative punishment,

attracts imposing of penalty on citizens in the amount of thirtyfold to fortyfold, on officials – from hundredfold to the two hundredfold amount of the established minimum payment of work.

Article 43. Violation of health, sanitary and hygienic sanitary and anti-epidemiological regulations on transport

Violation of the health, sanitary and hygienic and sanitary and anti-epidemiological regulations and hygiene standards established on rail transport

attracts imposing of penalty on citizens in the amount of tenfold to twentyfold, on officials – from fortyfold to the hundredfold amount of the established minimum payment of work.

Violation of the sanitary and hygienic and sanitary and anti-epidemiological rules and hygiene standards established on air transport

attracts imposing of penalty on citizens in the amount up to fifteenfold, on officials – from fiftyfold to the hundredfold amount of the established minimum payment of work.

Article 43.1. Abuse of regulations of garbage removal and sanitary cleaning, emission of consumer wastes in not allocated places

1. Evasion from the timely organization of works on garbage removal attracts infliction of penalty for the official in the amount of hundredfold to the two hundredfold size of minimum wage.

1.1. Accumulation of garbage in amount three and more cubic meters in unspecified and unforeseen places out of dustbins, garbage ballot boxes, and also out of the transshipment stations or garbage dumps organized or provided in accordance with the established procedure:

attracts imposing of penalty for the official in the amount of hundredfold to the two hundredfold size of the established minimum wage.

2. Repeated making of the violation provided by parts 1 and 1.1 of this Article within year after purpose of administrative punishment:

attracts infliction of penalty for the official in the amount of two hundredfold to the three hundredfold size of minimum wage.

2.1. Transportation or removal (ejection) of garbage without service provision agreement on garbage removal or removal (ejection) of garbage outside the place established by the agreement:

attracts infliction of penalty for the legal entity in the amount of hundredfold to the stapyatidesyatikratny size of the established minimum wage.

2.2. Repeated making of the violation provided by part 2.1 of this Article within year after day of purpose of administrative punishment,

attracts infliction of penalty for the legal entity in the amount of stapyatidesyatikratny to the two hundredfold size of the established minimum wage.

2.3. Representation person, having the obligation on payment of payment for garbage removal, to the head of community of incorrect information on type of activity in places of rendering services in structures (including in separate parts of the structures provided for the allocated economic activity) or outside structures, and also about permanent or temporary non-realization of any activities:

attracts infliction of penalty for the legal entity in the amount of two hundredfold to the three hundredfold size of the established minimum wage.

2.4. Repeated making of the violation provided by part 2.3 of this Article within year after day of purpose of administrative punishment,

attracts infliction of penalty for the legal entity in the amount of five hundredfold to the eight hundred-multiple size of the established minimum wage.

3. Emission of garbage of consumption in not allocated and unforeseen places out of refuse chutes, musorosborny cameras, containers collections, ballot boxes for garbage, the centers for collection of garbage or the musorosborny machines and also organized or provided according to the procedure, established by the law, stations of overload or garbage dumps:

1) in amount to one cubic meter:

attracts penalty for physical person in the amount of twentyfold to the thirtyfold size, and for the legal entity - from eightyfold to the hundredfold size of minimum wage;

2) in amount more than one cubic meter:

attracts penalty for physical person in the amount of fiftyfold to the eightyfold size, and for the legal entity - from hundred fiftyfold to the two hundredfold size of minimum wage;

3) making of act, stipulated in Item 1 part 3 of this Article, from residential, public or other buildings or other structures:

attracts penalty for physical person in the amount of thirtyfold to the fiftyfold size, and for the legal entity - from hundredfold to hundred fiftyfold sizes of minimum wage;

4) emission of garbage of the large sizes (the large household and not household equipment occupying two and more than a square meter, including the chassis, vehicle body, scrap metal, the electrotechnical equipment or other similar objects):

attracts penalty for physical person in the amount of hundredfold to hundred fiftyfold sizes, and for the legal entity - from two hundredfold to the three hundredfold size of minimum wage;

5) emission of accumulators, electric stores, electrolamps, electronic goods, graphitic electrodes:

attracts infliction of penalty in the amount of twentyfold to the thirtyfold size of minimum wage;

6) emission to 5 wheel tires (except for bicycle tires) attracts infliction of penalty in the amount of twentyfold to the thirtyfold size of minimum wage;

7) emission more than 5 wheel tires (except for bicycle tires):

attracts infliction of penalty in hundredfold size of minimum wage;

8) emission of construction debris by amount to one cubic meter:

attracts penalty for physical person in the amount of twentyfold to the thirtyfold size, and for the legal entity - from sixtyfold to the eightyfold size of minimum wage;

9) emission of construction debris by amount more than one cubic meter:

attracts penalty for physical person in the amount of fiftyfold to the eightyfold size, and for the legal entity - from two hundredfold to the three hundredfold size of minimum wage;

10) emission of biological waste (the waste received as a result of conversion of food and nonfood staples of animal origin and also the waste formed owing to activities of the livestock, poultry-farming and fish companies):

attracts penalty for physical person in the amount of twentyfold to the thirtyfold size, and for the legal entity - from hundredfold to the two hundredfold size of minimum wage.

4. Making of the administrative offenses provided by part 3 of this Article in water systems, including in irrigation canals, and also in zones of sanitary protection:

attracts infliction of penalty in double size of the penalties provided by this Article for this act.

5. Collection and transportation of construction debris or garbage of the large sizes without the permission:

attracts penalty in the amount of hundredfold to the two hundredfold size of minimum wage.

6. Evasion from transportation of construction debris along the route established by the head of municipality or from placement it in the place allocated in accordance with the established procedure:

attracts penalty for physical person in the amount of thirtyfold to the fiftyfold size, and for the legal entity - from fiftyfold to the eightyfold size of minimum wage.

7. Emission of garbage from the vehicle:

attracts infliction of penalty in twenty the fivefold size of minimum wage.

8. The organization and operation of the temporary storage warehouse of consumer wastes in amount fifty and more tons without the corresponding permission:

attracts infliction of penalty in the amount of three hundredfold to the four hundredfold size of minimum wage.

8.1. Not informing by owners or users of the parcels of land on detection in their territory of the garbage which is not belonging to them no later than within 24 hours after its detection:

attracts imposing of penalty for physical persons in the amount of triple to the fivefold size of the established minimum wage, and for legal entities - from eightfold to the tenfold size of the established minimum wage.

8.2. Rejection of adequate measures within three days after informing local government body on detection on the parcels of land of owners or users of the garbage which is not belonging to them:

attracts imposing of penalty for the official in the amount of twentyfold to the thirtyfold size of the established minimum wage.

9. The organization and operation of garbage dumps, the centers for collection of garbage and stations of overload without the corresponding permission:

attracts infliction of penalty in four hundredfold size of minimum wage.

10. Repeated making of the administrative violations established by parts 3-8 of this Article within year after purpose of administrative punishment:

attracts infliction of penalty in double size of the penalties provided by this Article for this act.

10.2. Repeated making of the violation provided by part of 10.1 these Articles within year after day of purpose of administrative punishment:

attracts imposing of penalty for physical persons in the amount of thirtyfold to the fiftyfold size of the established minimum wage, and for legal entities - from two hundredfold to the three hundredfold size of the established minimum wage.

10.3. The organization of burning of garbage by open method on garbage dumps attracts imposing of penalty for physical persons in the amount of twentyfold to the thirtyfold size of the established minimum wage, and for legal entities - from two hundredfold to the three hundredfold size of the established minimum wage.

10.4. Repeated making of the violation provided by part 10.3 of this Article within year after day of purpose of administrative punishment:

attracts imposing of penalty for physical persons in the amount of fiftyfold to the eightyfold size of the established minimum wage, and for legal entities - from five hundredfold to the eight hundred-multiple size of the established minimum wage.

10.6. Non-realization of supervision of garbage dump for the purpose of identification and prevention of harmful effects on the environment, and also fire-proof actions for the prevention of spontaneous ignition of garbage:

attracts imposing of penalty for the operating person in the amount of eightyfold to the two hundredfold size of the established minimum wage.

11. Making of the administrative offenses provided by parts 3-8 of this Article, and especially protected natural territories and (or) the territories of cultural and natural heritage:

attracts infliction of penalty in double size of the penalties provided by this Article for this act.

11.1. As the proof also the facts fixed by means of the equipment for video filming or photographing can be applied to identification of the offenses established by parts 1.1 and 3-7 of this Article.

12. If in the cases specified in part 3 of this Article, person who made administrative offense within one working day from the moment of identification of administrative offense by authorized body (official) eliminates signs of administrative offense, then it is exempted from the obligation of making of the appointed administrative punishment if represents to authorized body (official) for the same period the corresponding proof to it (the photo, videotape, joint visit of the appropriate place). About it the relevant protocol which copy is issued to person who made administrative offense is constituted.

Article 44.

Voided according to the Law of the Republic of Armenia of 18.01.2005 No. ZR-68

Article 44.1. Drug trafficking, psychotropic (psychoactive) substances, their medicines or equivalent it substances (analogs) without the realization purpose

1. Illegal production, production, conversion, acquisition, storage, transportation or delivery of drugs, psychotropic (psychoactive) substances, their medicines or equivalent it substances (analogs) in small sizes without the realization purpose:

attracts imposing of penalty in the amount of two hundredfold to the four hundredfold size of the established minimum wage.

2. Repeated making of the same acts within one year,

attracts imposing of penalty in the amount of work, four hundredfold to the eight hundred-multiple amount of minimum payment.

3. In this Code the small sizes of drugs and the psychotropic (psychoinfluencing) substances are the sizes from the minimum sizes of drugs and the psychotropic (psychoinfluencing) substances sufficient for rendering impact on organism of the unusual user, that is the person which reached 18-year age and almost healthy, who is not using drugs psychotropic (psychoinfluencing), and also strongly active ingredients, to their fivefold size inclusive.

3.1. The small sizes of drugs and the psychotropic (psychoinfluencing) substances are established by the Government of the Republic of Armenia based on the criteria set by part 3 of this Article.

4. Person who voluntarily handed over the drug which is available for it in small sizes, psychotropic (psychoactive) substance, their medicine or equivalent to them substance (analog) is exempted from the administrative responsibility for the offense provided by this Article.

Article 44.2. The use of drugs or the psychotropic (psychoinfluencing) substances without appointment of the doctor

1. The use of drugs or the psychotropic (psychoinfluencing) substances without appointment of the doctor,

attracts imposing of penalty in the amount of work, hundredfold to the two hundredfold amount of minimum payment.

2. Repeated making of the same acts within one year,

attracts imposing of penalty in the amount of work, two hundredfold to the four hundredfold amount of minimum payment.

3. Person who voluntarily addressed to the relevant medical institution for receipt of medical care in connection with the use of drugs or the psychotropic (psychoinfluencing) substances without appointment of the doctor is exempted from the administrative responsibility for the offense provided by this Article.

Article 44.3. Violation of the regulations established for legal turnover of industrial hemp

1. Violation by person having the license for implementation of production, export, import or wholesale trade by industrial hemp, requirements of licensing:

attracts infliction of penalty in the amount of five-thousandfold to the ten-thousandfold size of the established minimum wage.

2. Alienation by person having the license for production of industrial hemp, the products to person which does not have export licenses, import or wholesale trade by industrial hemp:

attracts infliction of penalty in ten-thousandfold size of the established minimum wage.

3. Violation by person who is engaged in production, export, import or wholesale trade by industrial hemp, the restrictions provided by quota:

attracts infliction of penalty in twenty-thousandfold size of the established minimum wage.

4. Violation of requirements of the instruction this by the inspection body exercising control of legal turnover of industrial hemp:

attracts infliction of penalty in ten-thousandfold size of the established minimum wage.

5. Preventing to works of the inspection body exercising control of legal turnover of industrial hemp, or non-execution of its legal requirements:

attracts infliction of penalty in twenty-thousandfold size of the established minimum wage.

Article 45. Avoiding having venereal disease from medical examination and preventive treatment

Avoiding from medical examination of persons concerning whom there are sufficient data that they have venereal disease or avoiding from treatment of persons who contacted with having venereal disease and have need in preventive treatment and continue to avoid after the prevention issued by healthcare institution

attracts imposing of penalty in hundredfold size of the established minimum wage.

Article 46. Concealment of the sources of infection with venereal disease and contact with patients creating danger of infection

Concealment by the patients having venereal disease, infection source and also concealment of the persons which are with them in contact creating danger of infection with venereal disease

attracts imposing of penalty in hundredfold size of the established minimum wage.

Article 47. Illegal occupation medicine

Occupation medicine person, not having proper medical education and which is not allowed in accordance with the established procedure to medical activities as craft,

attracts imposing of penalty in two hundredfold size of the established minimum wage.

Article 47.1. Abuse of regulations of delivery of health care and servicing

Violation of procedure of medical examination,

attracts imposing of penalty from tenfold to the fiftyfold size of the established minimum wage.

Carrying out pathoanatomical opening and (or) morphological research with violation of the conditions or procedures provided by part 2 or 3 Article 41 of the Law of the Republic of Armenia "About medical care and servicing of the population" concerning performing opening and (or) morphological research,

attracts imposing of penalty from five hundredfold to the thousandfold size of the established minimum wage.

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