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CODE OF ADMINISTRATIVE LEGAL PROCEEDINGS OF THE REPUBLIC OF ARMENIA

of December 28, 2013 No. ZR-139

(as amended on 09-09-2020)

Accepted by National Assembly of the Republic of Armenia on December 5, 2013

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Coverage of this Code

1. 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, and all together further – court) from normative legal and administrative acts, actions or failure to act of state bodies and local government bodies and their officials, and also procedure for consideration of actions for declaration of administrative authorities and officials on physical persons and legal entity.

Article 2. Legislation on administrative legal proceedings

1. The procedure for administrative legal proceedings is established by this Code and the Constitutional law of the Republic of Armenia "The judicial code of the Republic of Armenia", and in the cases provided by this Code, also the Code of civil procedure of the Republic of Armenia.

2. Administrative legal proceedings are performed under the law existing when considering the case.

Article 3. Right to the appeal to Administrative court

1. Any physical person or legal entity has the right to appeal to Administrative court in the procedure established by this Code if it considers that the administrative act, action or failure to act of state body or local government body or its official:

1) are broken or its rights and freedoms set by the Constitution of the Republic of Armenia (further – the Constitution), can be directly violated by international treaties, the laws and other legal acts of the Republic of Armenia, including if:

and. obstacles for implementation of these rights and freedoms are created,

. conditions, necessary for implementation of these rights, which, however, shall be provided owing to the Constitution, the international treaty, the law or other legal act are not provided;

2) any obligation is illegally assigned to it;

3) it is administratively illegally brought to the administrative responsibility.

1.1. Public organizations can appeal to administrative court also in the cases provided by Chapter 29.3 of this Code.

1.2. Administrative acts on the administrative offenses provided by part 2 of article 287 of the Code of the Republic of Armenia about administrative offenses can be appealed judicially only after appeal (contest) administratively.

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 only the court can bring to the administrative responsibility;

2) with the requirement about deprivation of physical persons or legal entities of certain rights or assignment of them of certain obligations if it is allocated by the law for court;

2.1. In the cases provided by the law also the batch, alliance of batches participating in elections, the candidate for position of the head of municipality or the member of council of elders or the public organizations performing nablyudatelsky mission during these elections, and also during the referendum - the party of propaganda on cases on the involvement of person to the administrative responsibility according to the procedure established by Chapter 29 of this Code can appeal to administrative court.

3) on dispute on competence of any other administrative authority if this dispute is not subject to permission according to the procedure of jurisdiction;

4) against other administrative authority – in the case provided by Chapter 29.2 of this Code.

3. Also state bodies and local government bodies or officials can appeal to Administrative court against administrative authority if consider that they the administrative act, by action or failure to act of this body are broken or the rights of the state or municipality which power on protection is assigned to them can be directly violated if this dispute is not subject to permission according to the procedure of jurisdiction.

4. On cases on contest of legitimacy of regulatory legal acts can appeal to Administrative court also the Defender of human rights, and also fraction of Local government board of Yerevan according to Chapter 26 of this Code.

5. Voided according to the Law of the Republic of Armenia of 29.03.2018 No. ZR-212

Article 4. Standing in court and procedural capacity to act

1. Capability have procedural law and perform procedural duties (standing in court) is recognized equally behind all physical persons and legal entities. Provisions of this Code extend also to the state non-profit organizations and 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 recognition of the minor sui juris (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. Minors aged from fourteen up to eighteen years, and also persons, acknowledged it is limited by capable, their legal representatives represent in court.

5. In the cases provided by the law minors aged from fourteen up to eighteen years can represent the interests independently. In such cases the court can recruit in legal procedure of their legal representatives.

6. The rights and freedoms of the minors which did not reach age of fourteen years and also persons recognized as incapacitated are represented in court by their legal representatives – the parent, the guardian and other persons having such right under the law.

7. Minors aged from fourteen up to eighteen years, and also persons recognized restrictedly as capable have the right to be listened during consideration of the case. The court can provide to the minor who did not reach age of fourteen years or person recognized incapacitated, the right to be listened during consideration of the case.

Chapter 2. Principles of administrative legal proceedings

Article 5. Establishment of the actual circumstances on position

1. The court establishes the actual circumstances on case on position ("ex officio").

2. The court is not connected by the proofs, petitions, offers, explanations and objections provided by participants of administrative process and on the initiative takes equivalent measures for acquisition of possible and available data on the real facts, necessary for permission of specific case.

3. The court specifies for the formal mistakes which are available in actions for declaration, suggests to specify indistinct claims, to replace the wrong claims with proper claims, to differentiate the main and derivative requirements, to add insufficient actual data, and also requires submission of all proofs necessary for examination and assessment of the actual facts of the case.

Article 6. Implementation of administrative legal proceedings on the basis of equality of participants

1. The 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.

Article 7. Ustnost of hearing of cases

1. Hearing of cases in court is performed in oral form.

2. In the cases established by this Code, consideration of the case can be performed or is performed according to the written procedure.

Article 8. Publicity of judicial proceedings

1. Case in court is considered on proceeding in open court.

2. For the purpose of protection of private life of participants of production, including trade secret, interests of minors or justice, and also state security, public order or morals the court according to the petition of the participant of administrative legal proceedings or on the initiative can consider case or its part on the closed judicial session.

3. The question of consideration of the case or its part at closed meeting is solved is closed.

4. The court makes the decision on consideration of the case or its part at closed meeting.

5. Consideration of the case on the closed judicial session is performed with observance of the rules established by this Code. In case of consideration of the case or its part on the closed judicial session the court session secretary, participants of administrative legal proceedings, their representatives, bailiffs, and if necessary - also the witness, the expert and the translator have the right to be present at judicial session. Specified persons are warned by court by capture of the signature about responsibility for disclosure of the secret data protected by the law and their use with violation of established procedure.

6. In case of consideration of the case or its part at closed meeting on the official site of judicial authority final part of court resolution is published, except as specified, when it contains the secret protected by the law. The final part of the act containing the secret protected by the law is published on the closed judicial session.

7. In case of consideration of the case or its part at closed meeting further review of this case in other degrees of jurisdiction is performed by the judgment is closed.

Article 9. Language of administrative legal proceedings

1. Language of administrative legal proceedings in the Republic of Armenia is Armenian.

2. All procedural documents are submitted on Armenian or in other language with proper transfer into Armenian.

3. The party, her representative, the expert appointed at the initiative of the party, or the witness invited according to the petition of the party have 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 have no right to undertake the translator's obligations even if they know the language necessary for transfer.

4. The participant of administrative legal proceedings, the expert appointed on its initiative, the witness invited according to its petition, the court at the expense of public funds provides with translation service if the corresponding person has no opportunity to communicate in Armenian, and it proves that it has no sufficient means for ensuring paid transfer.

5. The translator has the right to ask questions for transfer refining, to get acquainted with the protocol of judicial sessions or separate judicial actions and to do notes in connection with the correct recording of transfer.

6. The translator is warned about the criminal liability provided for obviously incorrect translation in this connection the court takes the signature from the translator.

7. Persons with acoustical and visual restrictions according to provisions of this Article are provided with opportunity to study case papers, to have other rights and to perform the duties established by this Law by means of the signer.

8. The participant of administrative legal proceedings having the disability connected with visual restrictions has the right to the assistant at the expense of public funds if he proves that he has no sufficient funds for the paid assistant.

9. In case of need of rendering translation service at the expense of the Republic of Armenia procedure for appointment of the translator, signer or assistant based on the judgment in the cases provided by parts 4, 7 and 8 these Articles, the size and payment procedure of work of the translator, the signer or the assistant are established by the decision of the Government.

Chapter 3. Cognizance of cases

Article 10. Jurisdiction in rem of cases

1. To administrative court all cases arising from public legal relationship are jurisdictional including:

1) the disputes connected with passing of public or alternative service, its implementation, dismissal from 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 the public law, including labor unions.

2. To administrative court the cases subordinated to the Constitutional Court of the Republic of Armenia (further – the Constitutional Court), the criminal cases subordinated to court of law, and also cases connected with execution of the punishment are not jurisdictional.

Article 11. Cognizance of cases on several requirements connected among themselves

1. Case on several requirements connected among themselves if one of requirements to jurisdictional Administrative court, and another - to court of law, is considered by court, to which jurisdictional main requirement.

2. The basic is the requirement, the court resolution which is taken out by result of permission of which predetermines outcome of permission of derivative requirements from it.

3. By consideration of the civil derivative requirement the court applies rules of the Code of civil procedure of the Republic of Armenia if their application does not contradict the principles of administrative legal proceedings established by this Code.

Chapter 4. Structure of court and rejection

Article 12. Individual and joint hearing of cases

1. Cases in Administrative court are considered by the judge solely, except as specified, provided by this Code.

2. The protests brought on the court resolutions of Administrative court resolving case on being in Administrative Appeal Court are considered jointly, and the protests brought on (intermediate) court resolutions which are not resolving case on being, - solely if this Code does not provide other.

3. The question of adoption of the writ of appeal in production in Court of cassation is considered by the majority from total number of judges of civil and administrative chamber of Court of cassation. The writ of appeal is considered accepted in production if most of judges of civil and administrative chamber of Court of cassation voted for it.

4. Considers the writs of appeal accepted in production, Court of cassation jointly - most of judges of civil and administrative chamber of Court of cassation.

5. During joint consideration of the case the judge has no right to abstain from vote.

6. About availability of special opinion of the judge not concordant with opinion of the majority, the mark in court resolution behind its signature is made. The special opinion signed by the judge who provided it is applied to court resolution.

7. The special opinion can concern both motivational, and final part of court resolution.

8. The special opinion is disclosed along with court resolution.

Article 13. Rejection of the judge

1. The relevant standards of the Constitutional law "Judicial Code of the Republic of Armenia" and Code of civil legal proceedings of the Republic of Armenia extend to the relations connected with rejection of the judge.

Chapter 5. Participants of administrative process

Article 14. Participants of administrative process

1. Participants of administrative process (further – participants of legal procedure) are:

1) the parties – the claimant and the defendant;

2) third parties.

Article 15. Claimant

1. Claimant are the physical person or legal entity, administrative authority or the official who appealed to Administrative court.

Article 16. Defendant

1. Defendant are the administrative authority, the official, physical person or legal entity to which the claim in Administrative court is made.

Article 17. Participation in legal procedure of co-plaintiffs or codefendants

1. The claim can be made by several claimants (co-plaintiffs) if their requirements are interconnected.

2. The claim can be made to several defendants (codefendants).

3. 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 of their representatives appeared in Administrative court on behalf of all. The agreement is drawn up according to the procedure, established for stipulated in Article 24 of this Code of the power of attorney of the representative.

Article 18. Rights and obligations of the Parties

1. The parties have the right:

1) to get acquainted with case papers, to receive their copies, to do statements of case papers, to take from them pictures, to make photocopies and copies;

2) to declare petitions for rejection;

3) to produce the evidence and to participate in their research;

4) to ask questions each other, to other participants of legal procedure, witnesses, experts and translators, to declare petitions, to offer explanations for court;

5) to represent the line item, the offers, objections and arguments on all questions arising during consideration of the case;

6) to object to petitions, line item or arguments of other participants of legal procedure;

7) to protest court resolutions in the cases provided by this Code;

8) to have other procedural law allocated for 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.

Article 19. Third parties

1. The third parties are physical persons or legal entities or bodies which rights are affected or bodies or officials to whose powers the adopted court resolution belongs or can belong can be directly affected by the court resolution adopted as a result of consideration of the case, and also.

2. The third parties can be involved in legal procedure based on their statement.

3. If the court resolution inevitably also directly extends also to certain persons or to certain bodies, then the Administrative court shall involve in legal procedure of these persons (these bodies) as the third parties.

4. The third parties can be involved in legal procedure before the end of legal proceedings.

5. About attraction or about variation of the statement for attraction to legal procedure of the third parties the Administrative court takes out motivated determination in the form of separate court resolution.

6. In case of involvement of the third party to legal procedure proceeedings continue if the third party does not represent the petition for renewal of proceeedings from stage of preparation of legal proceedings.

7. The third parties have all rights of the Party and perform all its duties, except for the rights to submission of the claim (including the counter action), change of the basis and (or) subject of action, increase and (or) reduction of the size of claims, recognition of the claim or abandonment of claim and rights to claim of forced execution of the court ruling.

8. The administrative court during consideration of the case can exclude the third party from the list of participants of legal procedure if the bases of its attraction disappeared or if the court comes to the conclusion that in general there were no bases of its attraction to process as the third party according to part of 1 this Article (the inadequate third party).

9. In case of exception of the inadequate third party of the list of participants of legal procedure proceeedings continue.

10. The administrative court takes out motivated determination about exception of the third party of the list of participants of legal procedure in the form of separate court resolution.

Article 20. Procedural legal succession

1. In case of disposal from legal procedure of one of the parties (reorganization of the legal entity or administrative authority, the death of the physical person or other cases of change of persons in obligations) the court makes replacement of this party with his legal successor concerning whom takes out determination in the form of separate court resolution.

2. In case of disposal from legal procedure of the claimant replacement is made according to the petition of the legal successor of the claimant.

3. In case of non receipt from the legal successor of the petition for replacement of the claimant within one year after suspension of proceeedings owing to disposal from legal procedure of the claimant in the cases provided by part of 1 this Article, the court resumes proceeedings and stops it according to the procedure, stipulated in Item 8 parts 1 of article 96 of this Code.

4. The legal succession is possible at each stage of legal procedure.

5. The actions made during legal procedure to the introduction to the legal successor are for it obligatory in that measure in what they were obligatory for person whom the legal successor replaced.

Article 21. Replacement of the inadequate defendant with the proper defendant

1. The court during preparation of case for consideration or during legal proceedings makes replacement of the defendant in the petition of the claimant or from its consent.

2. If the court comes to the conclusion that the claim is made not to that defendant who shall answer in the claim, then the court with the consent of the claimant can make replacement of the inadequate defendant with the proper defendant. If the claimant does not agree to replacement of the defendant, the court can involve this person as the second defendant.

3. After replacement of the inadequate defendant or attraction to case of the second defendant proceeedings begin with stage of preparation of case for legal proceedings.

4. The court takes out determination about replacement of the defendant or involvement of the proper defendant as the second defendant.

Chapter 6. Representation

Article 22. Performance in court through representatives

1. The party has the right to make legal proceedings in court personally or through one or several representatives.

2. The party can make all legal proceedings independently and when authorizes one or several representatives on maintaining this case.

3. The rights and freedoms incapacitated and restrictedly capable person the legal representative protects in court it.

4. On case in which person recognized in accordance with the established procedure owed participate it is unknown absent, the trustee as its property acts as his representative.

5. On case in which the heir of the person who died or recognized in accordance with the established procedure as the dead shall participate if the inheritance for the present is accepted nobody, person designated for storage and management of heritable property acts as the representative of the heir.

6. Business of legal entities in court is run by persons allocated with the law and other legal acts or the charter of the legal entity power on representation of the legal entity.

7. Cases of the legal entities declared bankrupt or liquidated conduct the interim manager in case of bankruptcy, the managing director in case of bankruptcy or the authorized member of liquidation commission.

8. In court the head of this body or its deputy acts as the representative of state body or local government body on position.

9. In the cases of person provided by parts 4-8 of this Article, the running business in court, are representatives on position.

10. Legal representatives and representatives on position in turn can authorize one or several representatives elected by them on business management in court.

11. The legal proceedings made by the representative are obligatory for the participant of process in the same measure in what they would be made by the participant of process.

Article 23. Discharge of the representative from production

1. The court can discharge of production of the agent of the party who is not lawyer or the legal representative, or the representative on position if at stage of preparation of case for consideration or during legal proceedings it becomes clear that this person is not able to represent the party in court.

Article 24. Registration of powers of the representative

1. The power of attorney issued to physical person makes sure the notary or is certified by the official authorized on that by the law. The power of attorney is issued to the lawyer in simple written form, and it is not subject to the certificate or assurance.

2. The power of attorney on behalf of the legal entity is issued by the head of its executive body or person authorized under the charter to represent this legal entity without power of attorney, behind its signature.

3. The power of attorney on behalf of state body or local government body is issued by his representative on position signed by the last and with sealing of this body.

4. The power of attorney on behalf of the official is issued behind its signature and with sealing of relevant organ.

5. By proxy, issued by persons specified in parts 1-4 of this Article in the procedure established by these parts, representatives accept as the participant of legal procedure all rights of person which issued the power of attorney irrespective of the circumstance which is specially noted about them in the power of attorney, except for case when there is disagreement of person issuing the power of attorney about investment of the representative any one or several rights allocated by this Law for participants of legal procedure. About it specially it is specified in the power of attorney of the representative.

6. The party participating in judicial session together with the representative having the right to confirm before court of power of the representative, establishing amount of powers of the last in oral form.

7. Powers of the legal representative or the representative on position are confirmed by the document certifying its status.

Chapter 7. Proofs

Article 25. Object of research of proofs, types of proofs

1. The court by means of research and assessment of the evidence obtained in the procedure established by this Code finds out all facts having essential value for permission of case.

2. Proofs are testimonies of the witness, the conclusion (indication) of the expert, written proofs, physical evidences.

Article 26. Relevancy and admissibility of proofs

1. The proof which does more or less possible existence having essential value for the dispute resolution of any fact is attributable, than it would be without this proof. Not attributable proof is inadmissible.

2. The facts of the case which according to the law or other legal act shall be confirmed only with certain proofs cannot be confirmed by other proofs.

3. Use of proofs, the basic rights acquired with violation or violating the right to fair legal proceedings is forbidden. They have no evidential force and cannot be the basis for court resolution.

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