Three-member panel of the Supreme Court administrative court (SC) canceled Ordinance No. 8121h-941 of July 27, 2022. on the terms and conditions for establishing the use and abuse of narcotic substances or their analogues in the Ministry of Internal Affairs, the court announced.
The decision is from August 20, and the case itself was initiated on a complaint by the Association "Central Police Union of the Ministry of Internal Affairs" against the Ordinance.
We remind you that in 2022, the Ministry of the Interior started checking its employees before each shift, during the work process and at the end of the shift for the use of alcohol and drugs. The tests are the same with which all citizens of the country are tested.
VAS presented a reasoned opinion on why it revokes the Ordinance, as the decision is not final and can be appealed by the Ministry of the Interior before a five-member panel of the Supreme Administrative Court within 14 days of its notification to the parties.
As part of the grounds for annulment of the Ordinance, the Supreme Administrative Court states that in connection with the requirement in item 3 of Art. 28, para. 2 of the ZNA indicating the financial and other means necessary for the implementation of the new regulation, the composition of the SAC considered that these are completely missing and are not contained in the reasons of the Ministry of Internal Affairs for the appealed Regulation, taking into account that the implementation of the Regulation from 2022 assumes expenses from the budget of the Ministry of Energy, but these additional expenses are not described anywhere.
Thus, the Supreme Court finds that the Ordinance is illegal due to the presence of the grounds under Art. 146, item 3 of the APC - committed substantial violations of the administrative procedure rules, expressed in the absence of mandatory elements of the legally required content of the reasons, which necessarily follow the drafting and publication of the draft of the by-law.
As can be seen from the foregoing, the disputed Ordinance was adopted in significant violations of imperative norms of the law, which requires it to be canceled in its entirety, the court also states.