of December 10, 2007 No. ZR-269
Accepted by General Court of the Republic of Armenia on November 28, 2007
This Code establishes procedure of the right of judicial protection of physical persons and legal entities in Administrative court of the Republic of Armenia (further - Administrative court), Administrative Appeal Court of the Republic of Armenia (further - Appeal Court) both civil and administrative chamber of Court of cassation of the Republic of Armenia (further - Court of cassation) from administrative and regulations, actions or failure to act of state bodies and local self-government and their officials, and also procedure for consideration of actions for declaration of administrative authorities and officials on physical persons and legal entity.
1. The procedure for administrative legal proceedings is established by this Code and the Judicial code of the Republic of Armenia, and in the cases provided by this Code as well the Code of civil procedure of the Republic of Armenia so far as its regulations are applicable on the substance of ("utatis mutandis") to administrative legal proceedings and do not contradict this Code and essence of administrative legal proceedings.
2. The regulations of administrative legal proceedings containing in other laws shall correspond to this Code.
3. If international treaties of the Republic of Armenia establish other regulations of legal proceedings, than those which are provided by this Code then are applied regulations of the international treaty.
4. Legal proceedings on administrative cases are performed under the law existing during consideration of the case.
1. Any physical person or legal entity has the right to appeal to Administrative court according to the procedure, established by this Code if considers that administrative acts, actions or failure to act of state bodies or local government bodies or their officials:
1) are broken or its rights and freedoms set by the Constitution, international treaties, the laws and other legal acts of the Republic of Armenia can be directly violated including if:
and. obstacles for implementation of these rights and freedoms are created,
. the conditions necessary for implementation of these rights which, however, shall be provided owing to the Constitution, the international treaty, the law or other legal acts of the Republic of Armenia are not provided;
2) any obligation is illegally assigned to it;
3) it is administratively illegally brought to the administrative responsibility.
2. Also administrative authorities or officials can appeal to Administrative court:
1) with the requirement about involvement of physical person or legal entity to the administrative responsibility if the law provides that can bring to the administrative responsibility only court;
2) with the requirement about deprivation of physical persons or legal entities of certain rights or assignment of them of certain obligations if they are carried by the law to maintaining court;
3) with the requirement about the address of collection of physical person or legal entity based on the administrative act;
4) on dispute on competence of any other administrative authority if this dispute is not subject to permission according to the procedure of jurisdiction.
3. Also state bodies and local government bodies or officials can appeal to Administrative court against administrative authority if consider that they administrative acts, by actions or failure to act of this body are broken or such rights of the state or municipality which power on protection is assigned to the applicant can be directly violated if this dispute is not subject to permission according to the procedure of jurisdiction.
4. Also the fraction of the Yerevan local government board with the requirement about check of compliance of acts of the Yerevan council to the regulations having in comparison with them big legal force can appeal to Administrative court (except the Constitution of the Republic of Armenia).
1. Capability have procedural law and perform procedural duties (standing in court) is recognized equally behind all physical persons and legal entities. The provisions established by this Code for legal entities belong also to organizations.
2. Physical persons and legal entities are allocated with capability the actions to perform in court of the right and to perform duties (procedural capacity to act). Procedural capacity to act of physical persons arises in full:
1) from the moment of achievement of age of eighteen years;
2) from the moment of emancipation;
3) from the moment of marriage in the procedure established by the law - before achievement of age of eighteen years.
3. Procedural capacity to act of legal entities arises from the moment of state registration, and organizations - from the moment of creation.
4. The rights, freedoms of minors aged from fourteen up to eighteen years, and also citizens, acknowledged it is limited capable, in administrative process their legal representatives represent. The administrative court shall inform them on the place and time of consideration of the case. Their absence does not interfere with consideration of the case.
5. In the cases provided by the law on the cases arising from legal relationship, minors aged from fourteen up to eighteen years can represent the interests independently. In such cases the court can recruit their legal representatives.
6. The rights and freedoms of the minors which did not reach age of fourteen years and also the citizen recognized incapacitated in court are represented by their legal representatives - the parent, the guardian, the custodian and other persons having such right under the law.
7. Minors aged from fourteen up to eighteen years, and also the citizens recognized restrictedly as capable have the right to be listened during consideration of the case. The administrative court can provide to the minor who did not reach age of fourteen years or the citizen recognized incapacitated, opportunity to be listened during consideration of the case.
The administrative court shall provide to the parties equal opportunities during all course of consideration of the case, including give opportunity to each party to represent the line item on case in point fully.
1. The Administrative court determines the facts on case on position ("ex officio").
2. The court specifies the facts which, in his opinion, are essential to the dispute resolution, and if necessary demands from the parties of production of evidence on these facts.
3. The court for the purpose of forming of the internal belief necessary for the dispute resolution, has the right, without being limited to the petitions of participants of administrative process produced by them the evidence and which are available in case by other materials to take reasonable measures, in particular to request materials of administrative production, the data, proof, further explanations, to charge to the parties to be personally in judicial session.
1. Administrative legal proceedings are conducted in Armenian.
2. The party, her representative appointed at the initiative of the party the expert or the witness invited according to the petition of the party has the right to appear in court in language, preferable to them, if the party provides transfer into Armenian. The judge, the parties, witnesses, experts, representatives has no right to undertake the translator's obligations even if they know the language necessary for transfer.
3. The court provides the physical person which is the party, the expert appointed on its initiative or the witness invited according to the petition of the party with translation service at the expense of the Republic of Armenia if the corresponding person does not know Armenian and the party proves that it has no sufficient means for ensuring paid transfer.
4. The court provides the expert appointed by Administrative court and the witness invited at the initiative of court with translation service at the expense of the Republic of Armenia if the corresponding person does not know Armenian.
5. In case of need rendering translation service at the expense of the Republic of Armenia the translator is appointed according to the procedure, established by the Judicial code of the Republic of Armenia.
6. The translator has the right to ask questions for transfer refining, to get acquainted with protocols of judicial sessions or separate legal proceedings and to do notes in connection with correctness of recording of transfer.
7. The translator is warned about the criminal liability provided for obviously incorrect translation about what from the translator the court takes away subscription.
8. Opportunity to get acquainted with case papers, to have other rights established by this Code and to perform duties through the signer according to provisions of this Article is provided to deaf and mute persons.
1. To administrative court all cases arising from public legal relationship are jurisdictional including:
1) the disputes connected with passing or implementation of public or alternative service;
2) the disputes between administrative authorities which are not subject to permission according to the procedure of jurisdiction;
3) cases on disputes on suspension or the termination of activities of the associations operating or aiming to be effective in the field of public law, including labor unions;
4) cases on pronouncement of the order on collection which follow from public legal relationship.
2. To administrative court the cases subordinated to the Constitutional Court of the Republic of Armenia, the cases following from the legal relationship arising in the course of criminal proceedings, the criminal cases subordinated to court of general instance or criminal court, the cases following from the legal relationship arising in production on bankruptcy are not jurisdictional.
1. Cases in Administrative court are considered by the judge solely, except as specified, provided by this Code when certain cases are considered jointly.
2. In Administrative Appeal Court protests on the court resolution of Administrative court resolving case on being are considered jointly, and protest on the court resolutions (intermediate court resolutions) which are not resolving case on being - solely if this Code does not provide other.
3. The court of cassation resolves question of acceptance to production of the prosecutor's appeal jointly as a part of the President of Chamber and at least five judges. The prosecutor's appeal is deemed accepted to production if most of the judges who are present at meeting voted for it.
4. In case of removal of court resolution in joint procedure any of judges has no right to abstain from vote. The chairman in meeting votes the last. The judge not concordant with opinion of the majority having the right not to sign court resolution however in this case shall state the special opinion in writing.
5. The special opinion can belong both to final part, and to motivation part of court resolution. The special opinion is signed and certified by seal the judge, and it is filed. In case of announcement of court resolution appears in judicial session about availability of special opinion, however the special opinion is not disclosed. The special opinion is provided to participants of process.
The relevant standards of the Code of civil procedure of the Republic of Armenia extend to the relations connected with rejection of the judge.
Participants of administrative process (further - participants of process) are:
1) the parties - the claimant and the defendant;
2) third parties.
Claimant are the physical person or legal entity, administrative authority or the official who appealed to Administrative court.
Defendant are the administrative authority, the official, physical person or legal entity against which the claim in Administrative court is made.
1. The claim can be made by several claimants (co-plaintiffs) if their requirements are identical or shown to several defendants (codefendants).
2. Co-plaintiffs or codefendants, being physical persons or legal entities, can come to the agreement that one or several of them or one or several their representatives appeared in Administrative court on behalf of all. The agreement is drawn up according to the procedure, established for the power of attorney of the representative.
1. The parties in the procedure established by this Code have the right:
1) to get acquainted with case papers, to do statements, to receive their copies taking into account requirements imposed to closed meeting;
2) to declare petitions for rejection;
3) to produce the evidence and to participate in their research taking into account requirements imposed to closed meeting;
4) to ask questions, to declare petitions, to offer explanations and indications for court;
5) to represent the offers and to give arguments on all questions arising during consideration of the case;
6) to object concerning petitions or arguments of other persons participating in case;
7) to protest court resolutions in the cases provided by this Code;
8) to have other procedural law granted to them by this Code.
2. The parties perform the procedural duties established by this Code.
3. The parties shall have honesty the procedural law and honesty fulfill the procedural duties.
1. The third parties are physical persons or legal entities which rights are affected or can be affected by the court resolution adopted as a result of consideration of the case.
2. The third parties can enter process based on their statement.
3. If the court resolution inevitably also directly extends also to certain persons, then the court shall recruit in the course of these persons as the third parties.
4. The third parties can enter process before the end of legal proceedings.
5. The administrative court takes out motivated determination about the introduction in process of the third parties.
6. If the third party did not provide the petition for continuation of proceeedings, then in case of the introduction of the third party in process proceeedings are resumed with most at first.
7. The third parties have all rights of the Party and perform all its duties, except for the rights and obligations which in essence cannot extend to the third parties.
1. In case of disposal of the claimant in legal relationship because of legal succession (including reorganization of the legal entity or administrative authority, concession of the requirement, the death of the citizen or other cases of change of persons in obligations) the Administrative court makes replacement of the claimant with his legal successor if there is consent of the claimant and legal successor and if the claimant stopped existence, replacement of the claimant is made according to the petition of the legal successor.
2. In case of disposal of the defendant in legal relationship because of legal succession (including reorganization of the legal entity or administrative authority, transfer of debt, the death of the citizen or other cases of change of persons in obligations) the Administrative court makes replacement of the defendant with his legal successor in case of the consent of the claimant.
3. All actions made during legal procedure to the introduction of the legal successor in case are obligatory for it in that measure in what they would be obligatory for person who the legal successor replaced.
1. The administrative court during preparation of case for consideration on the petition of the claimant makes replacement of the defendant.
2. If the Administrative court during preparation of case for consideration comes to the conclusion that the claim is made not to that defendant who shall answer in the claim, then the court can make replacement of the inadequate defendant with proper with the consent of the claimant. If the claimant does not agree to replacement of the defendant with other person, the court can involve with the consent of the claimant this person as the second defendant.
3. After replacement of the inadequate defendant or the introduction to the second defendant proceeedings are performed from the very beginning.
4. The court takes out determination about replacement of the defendant or involvement of the proper defendant as the second defendant.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.
The document ceased to be valid since January 7, 2014 according to article 224 of the Code of administrative legal proceedings of the Republic of Armenia of December 28, 2013 No. ZR-139