О ВОПРОСЕ СОВЕРШЕНСТВОВАНИЯ ИНСТИТУТА ОСВОБОЖДЕНИЯ ОТ АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ В РЕСПУБЛИКЕ АРМЕНИЯ / ON THE ISSUE OF IMPROVING THE INSTITUTION OF EXEMPTION FROM ADMINISTRATIVE RESPONSIBILITY IN THE REPUBLIC OF ARMENIA

Abstract

In law enforcement practice, sometimes there are problems with the application of the norms of the institution of exemption from administrative responsibility. One of the factors contributing to this is that this problem has not been studied at the scientific level in the Republic of Armenia so far. Based on this, the author analyzed the norms of the Code of Administrative Offenses of the Republic of Armenia (hereinafter - the Code), which form the institution of exemption from administrative responsibility. The results of the study show that the regulation of this institution has shortcomings and gaps, there are not relevant norms. In particular, one of the grounds for exemption from administrative liability is the transfer of materials concerning an administrative offense to a comrades court, a public organization or a labor collective, has not been applied for a long time, another reason is the exemption from liability of a person who has been trafficked or exploited by people, in fact, is not a condition for exemption from liability, but a circumstance excluding liability, etc. It is also established that the grounds for exemption from administrative responsibility are insufficiently regulated. Based on the above, the author has set himself the goal of presenting proposals to correct the shortcomings of regulation and fill in the gaps associated with the institution of exemption from administrative responsibility. In particular, the author proposes to invalidate non-current norms, comment on the relevant concepts, and make appropriate additions to the Code.