Driver's License Examination Oversight Lacks Adequacy

Based on materials prepared by the NSS, a criminal case was initiated and investigated by the Anti-Corruption Committee of Armenia on November 27, 2021. It has been established that a resident of Yerevan learned that a resident of the Nshavan community in the Ararat region, G.G., could assist in obtaining a driver's license without taking the examinations as required. To this end, he approached G.G., offering to pay him 350,000 AMD.

G.G. established an agreement with E.S., an inspector from the Road Police's Kotayk registration-examination division, to carry out this scheme. As a result, on November 27, 2021, the individual participated in the theoretical examination for obtaining a driver's license at the Road Police’s Kotayk registration-examination division. The inspector E.S., who administered the exam, directed the candidate to indicate the correct answers to questions posed through computerized tests.

Due to the inspector's illegal actions, the candidate successfully passed the psychological and knowledge tests of the theoretical examination. E.S. prepared and attached a false document stating that the candidate had successfully passed the theoretical examination, which allowed the individual to participate in the practical examination.

Following the exam, the citizen and G.G. returned to Yerevan, where G.G. was arrested immediately after receiving the 350,000 AMD from the individual. The Road Police inspector was also detained. Evidence obtained during the criminal case indicates that an individual with no practical driving skills was scheduled to take the practical examination shortly after the theoretical one, during which a vehicle would be operated by an employee from the Road Police's Kotayk registration-examination division.

E.S. has been charged under Articles 308, Part 1, and 314, Part 1 of the Criminal Code of Armenia, while G.G. faces charges under Articles 34-178, Part 1; 38-308, Part 1; and 38-314, Part 1 of the Criminal Code. On March 1, 2022, the prosecutor sent the case to court with an accusatory conclusion regarding both individuals.

In the ongoing legal oversight division of the Anti-Corruption Committee of the Prosecutor General’s Office, the examination of similar criminal cases has revealed that individuals have been able to pass both theoretical and practical examinations and obtain driver's licenses through bribery in such a manner, which involves police officers.

The Armenian government's decision 325-N, dated March 26, 2020, stipulated that practical examinations should be conducted using appropriate recording equipment, installed in the vehicles designated for the practical tests. However, it was indicated that the relevant territorial divisions of the Road Police would be equipped with the necessary educational and technical means for conducting practical tests by December 31, 2027.

Analysis shows that while there are certain mechanisms to control theoretical exams, albeit with flaws, there is no existing mechanism to supervise practical examinations. This lack of oversight contributes to the commission of such crimes, as evidenced by numerous individuals obtaining driver's licenses in violation of legally established procedures due to unlawful interference by police officers.

Additionally, obtaining driving licenses unlawfully by individuals lacking the necessary knowledge creates favorable conditions for committing road traffic crimes.

Taking this into account, the Prosecutor General of Armenia, Arthur Davtyan, has sent a petition to the Chief of the Police of Armenia. He recommends that effective measures be taken to eliminate such manifestations in the Road Police's Kotayk registration-examination division. The Prosecutor General also raised the issue of increasing the effectiveness of mechanisms to oversee the actions of police officers during the theoretical examinations for obtaining driver's licenses in registration-examination divisions. It has also been proposed to consider the possibility of implementing other mechanisms for monitoring the actions of police officers during practical examinations, in accordance with the terms set by the Armenian government’s decision.