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Important Information

The order of applying to Administrative Court is defined by Administrative Procedure Code of the Republic of Armenia (hereinafter Code). All disputes arising from public legal relationships are subject to be solved by the Administrative Court, except the disputes, the solving of which is vested to the Constitutional Court. 

Any natural person or legal entity has the right to apply to the Administrative Court, if he/she considers that by administrative acts, actions or inaction of state or local self-governing bodies or their officials:
1) have been violated or can be directly violated his/her rights and freedoms confirmed by RA Constitution, international contracts, laws and other legal acts;
2) he/she has been unlawfully put under any obligation;
3) he/she has been brought to unlawful administrative liability by administrative order;

Administrative bodies or officials can also apply to Administrative Court:
1) with the demand to bring a natural person or a legal entity to administrative liability if it is stipulated by law, that only the Court can impose administrative liability;
2) with the demand to deprive natural persons or legal entities of certain rights or to put them under certain obligations, if it is vested to the Court by law;
3) with the demand to implement levy on a natural person or a legal entity on the ground of an administrative act;
4) with a dispute against the jurisdiction of another administrative body, if that dispute is not subject to be solved by the order of precedence.

State and local self-governing bodies or officials can also apply to the Administrative Court against an Administrative body, if they consider that by administrative acts, actions or inaction of that body have been violated or can be directly violated the rights of the state or the community, the authority of upholding of which is laid on the applicant, and if that dispute is not subject to be solved by the order of precedence.

It should be noted in the statement of claim that the claim is submitted to the Administrative Court, plaintiff’s name, surname (designation), place of abode (whereabouts), notification address (if different from place of abode address), including passport details of the plaintiff natural person, registration number of tax payer of plaintiff legal entity and the state registration number or the number of state registration certificate, his/her representative’s name, surname, address, if the claim was presented by an official (legal entity) who has the right to do so by law, also the name, surname (designation), position of that person (legal entity), the designation of the respondent, whereabouts, and in cases, when a natural person or a legal entity acts as a respondent by the order defined by the Code, then the latter’s name, surname (designation), place of abode (whereabouts). 

The plaintiff shall state the justifications of his/her demands in the statement of claim. Not all the facts have importance in solving the case; therefore in his/her statement of claim the plaintiff can state those from the facts, which acquire importance for solving the case. Besides the factual ground of the claim, the plaintiff is obliged to state also the legal ground of his demand, that is the law, normative legal act, its relevant norm, (article, part, point, etc.), which gives him/her a permission to apply to the Court, as the justification of the demand must comply with the law, emanate directly from it, be guided by the law.
The plaintiff is also obliged to mention in the statement of claim information on whether he/she has appealed or not the Administrative act, the action or inaction of the Administrative body by the order of precedence. Besides, the evidences proving the claim demands must be stated in the statement of claim, which must insist any of the facts affirmed by the plaintiff, with a relevant notification on the approval of which fact it is directed. 

Finally, the plaintiff concludes the statement of claim with a clear and concise demand asking the Court to apply a measure of protecting the rights and (or) freedom defined by Material Right.
After forming the statement of claim the applicant to the Court puts his/her signature in the statement of claim before his/her name, with the notice of the day, month and year of the submission of the statement of claim. Receipt of the payment of state duty must be attached to the statement of claim.
The plaintiff is obliged to attach to his/her statement of claim the documents alleged in the statement of claim, stating their list, as well as all the possible proofs available to him, which confirm his/her insisted facts, if those are possible to be attached to the statement of claim. In case of speaking in the Court through a representative, also the power of attorney of the plaintiff’s representative, as well as the disputed act or its copy is attached to the statement of claim. 

The plaintiff sends the statement of claim to the respondent and to other persons participating in the case. While submitting a statement of claim to the Administrative Court, the plaintiff is obliged to send the statement of claim and copies of the attached documents (if it is possible to copy them) to the respondent and to other persons participating in the case by a proper notification defined by law, and to attach to the statement of claim the documents confirming their receipt of those documents and the statement of claim. Moreover, in case when the Administrative body or the official will act as respondent at the case, the plaintiff sends the copies of the statement of claim and the documents attached also to State Finance Governing Body, and attaches documents confirming such notification to the statement of claim. 

The plaintiff submits the statement of claim to the Court by hand or sends it by post.
The respondent is obliged to send the answer of the statement of claim to the Court within two weeks after receiving the Decision on taking the statement of claim into proceedings. The respondent has the right to present a counterclaim for the answer to the statement of claim within the foreseen period against the plaintiff, to examine together with the initial claim.
The counterclaim is submitted by the general rules of submitting a claim.

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