Helsinki Citizens’ Assembly-Vanadzor

In the Republic of Armenia, issues related to the procedural legal standing of non-governmental organizations (NGOs) in protecting others' rights (actio popularis) and the right to dispute the validity of regulatory legal acts in court remain unresolved. This is even though as early as 2010, the Constitutional Court of Armenia outlined directions for expanding the procedural legal standing of NGOs. Additionally, the state's 2018–2019 initiative to grant NGOs the right to challenge the validity of regulatory legal acts also remained incomplete due to inadequate justification. 

In 2020, the Organization published a study of international experience on the right of non-governmental organizations to apply to court for the protection of public interest and issues of public importance and presented recommendations. According to the study results, the institute of the right to apply to the court for protecting the rights of others operates in European countries on a wide scale and in various areas of law protection.

Although the recommendations presented to the state competent bodies were not accepted, the Organization emphasizes the implemented steps directed towards the introduction of institute of actio popularis in the 2023-2025 Action Plan stemming from the National Strategy on Human Rights Protection. In particular, it is planned to establish a right for a non-governmental organization to apply to a court for cases of public importance, including both the administrative and criminal proceedings, taking into account the principle of actio popularis. 

In this study, the Organization also addresses the issue of the lack of the right of non-governmental organizations to dispute  the legality of regulatory legal acts in court.

Thus, the Organization proposes to the Ministry of Justice of the Republic of Armenia and the National Assembly of the Republic of Armenia to amend the legislation, providing that. 

• The non-governmental organization presents the legal interests of its beneficiaries in the court for the protection of issues of public interest. The public interest can pursue the following objectives 1) the provision of public health and security 2) the protection of public property, 3) the ensurance of protection and creation of historical and cultural values or monuments, as well as  specially protected nature areas 4) the ensurance  of development of education, health, sport as well as science and culture 5) the protection of rights of most vulnerable (at risk) groups, children and persons with disabilities, 6)  the protection of rights of arrested, detained, as well as those sentenced to imprisonment regarding the problems of conditions of detention 7) the protection of personal data, 8) the exclusion of discrimination, 9) the protection of information freedom, 10) other areas of protection of public interest 

• The non-governmental organizations have the right to dispute the legality of regulatory legal acts in the administrative courts of the Republic of Armenia. 

The study is here.