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Madrid

The draft "On Making Amendments to the Administrative Procedure Code must be removed from circulation

The RA Chamber of Advocates held a discussion on the issue of the issue of the dispute with the draft law on amendments to the Code of the Administrative Procedure of the Republic of Armenia.
 
The discussion was initiated taking into account the numerous negative reactions in the professional community, as well as the possible impact of the project on human rights protection.
 
The discussion took part in the RA Chamber of Advocates, the Judicial Department of the Republic of Armenia, the SME Association, as well as other representatives of the scientific community and non-governmental organizations. Speakers presented the problematic provisions of the project and the possible negative consequences, and the representative of the RA Judicial Department said that the judiciary also considered the proposed changes.
 
The following issues have been removed:
 
• The project is problematic in terms of the constitutionality, especially to the implementation of the right to effective judicial protection, its structures and procedures.
• Not preserved the impact of the project defined by the Law on Normative Legal Acts, to identify the objectives of the project, to indicate the expected result, and other requirements.
• The elimination of the institute to suspend the institute by force in the dispute is a huge step backward to the concept of administrative trial and significantly limits the rights of individuals and legal entities.
• The institution of suspending the institute to the lawsuit is unacceptable in the institute of lawsuits.
• 2024 The number of cases of disputing administrative acts has increased compared to 2022-2023 compared to 2022-2023, which describes the tendency of trust in the Administrative Court.
• 2022-2024. The number of 75-80% satisfied lawsuits with the cases of disputing the deportations of the examinations proves inappropriate administration of administrative bodies.
• As international experience, the legal regulations in the projects mentioned in the projects have been filed incomplete, incomplete and do not justify the need to adopt the draft.
 
At the end of the discussion, the participants came to a common conclusion that the project needs to be removed from circulation.

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