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Legal community discusses a number of issues regarding improvement of Administrative Procedure legislation

06/05/2019

On 4 May, a two-day discussion aimed at improving the legislation on Administrative Procedure took place in Tsaghkadzor. It was organised by the "Centre for Legislation Development and Legal Research" Foundation of the Ministry of Justice with the support of the U.S. Agency for International Development.

First Deputy Minister of Justice of the Republic of Armenia Artak Asatryan, Member of the Supreme Judicial Council Gevorg Danielyan, Chairperson of the Civil and Administrative Chamber of the Court of Cassation Ruzanna Hakobyan, Director of the Foundation Tigran Markosyan, judges of the Administrative Court of Appeal and Administrative Court, representatives of the Ministry of Finance, Prosecutor General’s Office, Judicial Department, as well as international institutions — the USAID and GIZ, advocates, experts of the Foundation, civil society representatives and others participated in the discussion.

Welcoming participants, the First Deputy Minister of Justice touched upon the priorities of the Ministry, noting that administrative justice reforms are one of the most important issues on the agenda. Artak Asatryan expressed hope that those present will make important comments and suggestions to correct, based on their experience, the shortcomings that emerge in their daily work. "As far as future reforms in the sector are concerned, we will be guided by the Concept Paper on "Complex reforms for effectiveness of justice in the Republic of Armenia", developed by the Supreme Judicial Council, as well as opinions and recommendations expressed and made as a result of these discussions," the First Deputy Minister noted, wishing those present a productive discussion.

Member of the Board of the Supreme Judicial Council Gevorg Danielyan expressed his gratitude for the initiative and noted that recently it has become obvious that the Ministry of Justice and the Foundation don’t discuss any recommendation, opinion and position received on any draft just for the sake of discussion, but clearly process them. Gevorg Danielyan informed that the Supreme Judicial Council has sent a conclusion of more than 50 pages on the existing conceptual provisions of the Administrative Procedure Code to the Ministry.

According to Tigran Markosyan, from now on, stipulating effective mechanisms and procedures related to all fundamental rights at the level of law will be a constitutional imperative. "In this sense, the sector of administrative justice shall not be an exception, as the problems existing in the sector hamper the achievement of our goals," Tigran Markosyan noted, emphasising that a discussion in this format is exclusive, as this is the drafting of the draft by a circle of professionals, not a discussion on the developed draft.

During the two-day discussion, general provisions of the Administrative Procedure Code, examination of a case in court and the resolution procedures and other issues were touched upon.

According to Chairperson of the Civil and Administrative Chamber of the Court of Cassation Ruzanna Hakobyan, the meeting was productive, as the issues having emerged in the course of practical activities were identified, and solutions will be provided to those issues in the expected draft.

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