Violation of Rights of Drivers and Legislative Gaps
23.03.2016
11:00
In the frame of the project “Free legal aid to drivers”, launched in May, 2015, 350 legal cases have been taken to the court with 120 drivers having won. The other cases are still in process.

Today,  during  the  press  conference,  organized  at  the  “Media  center”,  Mariana Gasparyan, “Free legal aid to drivers” project coordinator, spoke on the project results. 

“The project launched in May, 2015. Our main goal was to improve the legislative field in the road sector, as well as to help drivers protect their rights properly. Since May, 610 drivers have addressed us and been provided with legal assistance”, mentioned the speaker.

The project includes 4 attorneys and 2 legal experts who during this period of time have not only been engaged in the provision of legal assistance to the citizens within the project, but also the identification of legislative regulation gaps of the existing issues.

“Our aim is not only to protect and restore the individual rights, but, which is probably more significant, to reveal the issues, carry out needs assessment and come up with solutions,” referring to the project goals, stated Ara Ghazaryan, legal expert, representative of the “Rule of Law” NGO. He also highlighted that the first step towards the solutions was the so-called strategic trials.

“So it means, that one legal case can reach the Constitutional Court, the Court of Cassation and even get solved in Lower Courts, thus serving as a precedent, obligatory and soft. The second option is to draw up a legislative amendments plan on the basis of the analysis of the obtained data and to secure some amendments in the legislation through lobbying,” announced the reporter, adding that the project would proceed regardless of the further financing.

Presenting the issues occurring during the judicial process, the project attorney Davit Asatryan noted that from January, 2014 up to October, 2015 drivers had received about 2.5 million administrative acts by the traffic police, moreover 200 thousand acts had been sent to them by the municipality for breaching the red lines regulations while parking the cars.

“That is, all the drivers in Armenia are fined. The huge number of those administrative acts is aimed at levying more money and is not of educating character defined by the law. For instance, in most cases when the law offender driver does not possess a property, it is the owner who holds liable. The taxi services are a vivid example of this,” mentioned the attorney.

The speakers of the press conference emphasized the issue referring to the 3rd part of the 32nd article of “The Law on Administrative Infringements”. The law seeks to hold the vehicle owner liable regardless of who was driving and was the law violator.

“To challenge the mentioned article a complaint has already been filed to the Constitutional Court. The Constitutional Court has accepted the case for proceeding and scheduled a hearing”, notified lawyer Karen Tonoyan, considering it as one of the most significant achievements of the project.

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