On 09 September the Freedom of Information Center applied to the Constitutional Court of the RoA with a demand to consider anti-constitutional Articles 151 and 152 of the RoA Code of Administrative Procedures.
To consider Article 151 of the RoA Code of Administrative Procedures as contradictory with Articles 18 and 19 of the RoA Constitution and invalid on these parts, since it stipulates without an exception that “Cases on subjecting to administrative liability can be filed based on claims from agencies and officials having an authority to prepare protocols on administrative violations per law”, and thus does not provide with an opportunity to file a case on subjecting to administrative liability against officials, having made violations stated in Article 223 of the RoA Code of Administrative Violations, including officials having made violation defined in Article 189.7, based on a claim from the victim.
To consider Article 152 of the RoA Code of Administrative Procedures as contradictory with Articles 18 and 19 of the RoA Constitution and invalid on these parts, since it stipulates in the list of requirements towards preparing a claim for subjecting to administrative liability, the requirement for including information on making a protocol and attaching a protocol on administrative violation, for all violations without an exception, including those stated in Article 223 of the RoA Code of Administrative Violations, particularly the violation defined in Article 189.7.
It should be mentioned as well that in the court practice there are contradictory approaches concerning the afore-mentioned issue. A part of Administrative Court was not accepting the Freedom of Information Center NGO’s lawsuits on subjecting to administrative liability under its proceedings, and the other part was accepting them, by placing on record the fact that there is no agency preparing protocols on such case.