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LAW OF THE REPUBLIC OF ARMENIA

of March 16, 2004 No. ZR-41

About bases of administration and administrative production

(as amended on 31-07-2020)

Accepted by National Assembly of the Republic of Armenia on February 18, 2004

Section I. Administration bases

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

This Law establishes administration bases, governs the relations arising between administrative authorities and physical persons or legal entities (further - persons) in connection with adoption of administrative acts, appeal of administrative acts, actions and failure to act of administrative authorities, execution of the administrative act, administrative expenses, and also with compensation of the damage caused by administration.

Article 2. Law coverage

1. Action of Sections I and VII of this Law extends to any activities of administrative authorities performed in the sphere of the public law.

2. Action of Sections II-VI of this Law extends to the actions of administrative authorities which are coming to the end with adoption of the administrative act, and action of Sections IV-VI of this Law extends also to such actions and failure to act of administrative authorities which lead to emergence of the actual consequences for persons.

3. Features of separate types of administrative production are established by the laws and international treaties of the Republic of Armenia.

4. Operation of this Law does not extend to the relations regulated by regulations of procedural law.

Article 3. Basic concepts

1. In this Law the following basic concepts are used:

1) administrative authorities:

a) republican executive bodies of the Republic of Armenia – the ministries of the Republic of Armenia, and also other state bodies performing administration in all territory of the Republic;

b) bodies of territorial administration – governors;

c) local government bodies – the Council of Elders of municipality and the head of municipality;

2) administration – the activities making external impact on administrative authorities which come to the end with acceptance administrative or regulations, and also the activities or failure to act leading to the actual consequences for persons.

Chapter 2. Fundamental principles of administration

Article 4. Legality of administration

1. Administrative authorities shall monitor compliance with laws.

2. Powers of administrative authorities are established by the laws or in the cases provided by the law - other legal acts.

Article 5. Prohibition on abuse of formal requirements

When implementing administration administrative bodies are forbidden to encumber persons with obligations or to refuse to them provision of any right only for the purpose of observance of formal requirements if the obligations assigned to them are executed in substantial sense.

Article 6. Restriction of discretionary powers

1. Discretion is the right to the choice granted by the law to administrative authority any one of several possible lawful decisions.

2. When implementing discretion the administrative authority shall be guided by need of protection of the rights and freedoms of man and citizen affirmed by the Constitution of the Republic of Armenia, the principles of their equality, harmony and prohibition on arbitrary behavior when implementing administration, and also to pursue other aims predetermined by the law.

Article 7. Arbitrary behavior prohibition

1. Administrative authorities are forbidden to show uneven approach to identical actual circumstances if there are no bases of their differentiation.

Administrative authorities shall show individual approach to significantly different actual circumstances.

2. If the administrative authority performed any discretion definitely, then in similar cases subsequently also shall perform this discretion in the same way.

The administrative authority can refuse this restriction if owing to availability of the highest interests it intends to make any other discretionary decision constantly subsequently.

Article 8. Harmony of administration

Administration shall be directed to the purposes pursued by the Constitution and the laws of the Republic of Armenia, and means for its achievement shall be suitable, necessary and reserved.

Article 9. Principle of maximality

1. Administrative authorities have no right to demand from persons of accomplishment of such actions who are already executed by these persons within other actions or for the content are included or can be included in this framework.

2. If the documents submitted by persons to administrative authorities (supplied, the information) on content contain contents of other necessary documents, then the last cannot be requested in addition or in separate type.

3. If the permissions issued by administrative authorities to persons on the content include other permissions, then they are also considered as issued.

Article 10. Reliability presumption

1. Supplied, the information provided by person in connection with the actual circumstances considered by administrative authority is considered reliable in all cases until the administrative authority proves the return. Reclamation from persons of the documents or additional data certifying provided by them supplied, the information is forbidden if such requirement is not established by the law. If the administrative authority has reasonable suspicions concerning authenticity provided by persons supplied, the information, then it shall take independently and at own expense measures for the certificate in their authenticity.

2. Persons bear responsibility for representation to administrative authorities false supplied, the information.

Article 11. Managing

The administrative authority when implementing the powers shall be effective so that to provide the maximum effective use of the means transferred to its order for achievement in the most short time of optimum result without damnification to accomplishment of the powers.

Article 12. Use of other principles

The fundamental principles of administration established by this Chapter are not exhaustive and cannot become obstacle for use of other principles of administration.

Chapter 3. Jurisdiction of cases to administrative authorities, mutual assistance of administrative authorities

Article 13. Territorial jurisdiction of cases

1. The solution of the questions concerning real estate is within the competence of that administrative authority in the territory of which there is this real estate.

2. Provision to the legal entity or the individual entrepreneur of any right or assignment on it any obligation is within the competence of that administrative authority in the territory of which person or the individual entrepreneur perform the activities legal.

3. The solution of the questions concerning physical person is within the competence of that administrative authority in the territory of which stays on the registry or constantly or mainly this person lives.

4. If the solution of any question is at the same time carried to competence of two and more administrative authorities, then that administrative authority which person addressed or at the initiative of which this question shall be resolved is competent.

5. The questions requiring the immediate solution of administrative authorities in case of directly threat of danger or emergence of damage are within the competence of that administrative authority in the territory of which there was need of making of the actions or decision making caused by these situations and if it is impossible, - to competence of that administrative authority which territory adjoins to this territory if the law does not provide other.

6. In case of establishment the procedure established by these laws is effective with other laws of other procedure for territorial jurisdiction of cases.

Article 14. Subject jurisdiction of cases

The issue of subject jurisdiction of cases of administrative authorities is resolved by the laws, relating to the actual circumstances initiated in these cases.

Article 15. Obligation of administrative authorities on mutual assistance

1. Administrative authorities for implementation of the powers shall render each other mutual assistance. Mutual assistance appears based on the request of the administrative authority requesting mutual assistance.

2. Help given each other by the administrative authorities which are in the subordination relations is not mutual assistance.

Article 16. Request for mutual assistance

If mutual assistance can render more than one administrative authority then requesting administrative authority shall address for rendering mutual assistance in that administrative authority (required administrative authority) which, in his opinion, will render necessary mutual assistance most effectively and in the most short time.

Article 17. Mutual assistance non-rendering bases

1. The required administrative authority has no right to render mutual assistance if:

a) for required administrative authority there is obvious illegality of the measures undertaken according to the procedure of mutual assistance;

b) making of the actions necessary for rendering mutual assistance is not included into competence of required administrative authority;

c) documents (supplied, the information), necessary for rendering mutual assistance, belong to the secret protected by the law and their provision even by the method providing privacy of provision is forbidden to required administrative authority by the law.

2. The required administrative authority has the right not to render mutual assistance if:

a) any administrative authority can render mutual assistance using significantly smaller efforts, than this administrative authority;

b) it shall apply to rendering mutual assistance unequal to it efforts;

c) rendering mutual assistance can prevent implementation of own powers essentially.

3. The required administrative authority cannot refuse rendering mutual assistance on the bases which are not provided by parts 1-2 of this Article.

4. If the required administrative authority refuses rendering mutual assistance on any of the bases provided by parts 1-2 of this Article, then it shall inform in three-day time on it the requesting administrative authority which can challenge refusal in higher administrative authority of required administrative authority.

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