The RA Ministry of Justice expresses: "The press is circulating that the Ministry of Justice recently recently in the Administrative Procedure Code submitted for public discussion
The draft amendments aims to determine that the citizen first will pay the fine, then it will be able to challenge it. Meanwhile, such information does not correspond to reality.
In particular, the draft amendments to the Administrative Procedure Code circulated by the Ministry of Justice proposes to invalidate the legal consequences of the dispute's claim, and instead to define that the dispute's request may be filed. In other words, individuals will be able to mediate and pay the fine by the court decision until the final judicial act.
The proposed amendment is based on the basic rule of Article 83 of the Administrative Procedure Code, ie the lawsuit, as a result of the suspension of the administrative act, there are exceptions. In particular, the mentioned exceptions stipulate that in this case, in case of challenging the administrative act, it does not lead to the automatic suspension of the administrative act, as necessary, to file a motion again. These exceptions have now reached 8, and it can even be said that their use has become common rules.
According to the development of the progress of the progress, the ministry has ruled that the action of the administrative act continues until the plaintiff has provided the mediation of the lawsuit and did not meet the court.
At the same time, we would like to state that this does not mean a fine of fine, but appeal to the administrative act. If the proposed amendments are accepted, the citizen will have the opportunity to appeal the administrative acts, only the difference is that he needs to be suspended as needed, and what consequences can be stopped if it is not to be called. In other words, according to the plaintiff's motion, the court may discuss and apply the lawsuit.
At the same time, the project also provides an opportunity to conclude that non-application to ensure a request to secure a lawsuit will lead to irreversible consequences, the latter will immediately apply the request to the position of the state body without waiting for the position of the state body.
In other words, the action of the administrative act will not be suspended on two grounds, the 1st is that the plaintiff did not apply to apply the lawsuit, and the court found that the court found that it was missing.
If the motion to use the lawsuit is not rejected and the administrative act shall be dismissed, the person subject to administrative liability must pay the fine and the judicial act in favor of his / her and the entry into force to apply the amount paid to the penalty.
At the same time, unlike other administrative applications, in this case it is also specifically envisaged the opportunity to appeal the decision to ensure the claim of the Administrative Court, as another additional guarantee.
In other words, all the claims that the bill developed by the ministry is obliged to pay for the court only, do not correspond to reality and do not reflect the goals of the project development. "
