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It is necessary to establish the institute of the right to apply to court for the protection of public interest

January 21, 2020

Activities | Law Enforcement Practice Analysis | Project։ Stability of HCA Vanadzor in the light of democracy and human rights challenges in the Republic of Armenia 2019 | Publications | News | Legislative Proposals | Legislative Proposals and Analysis

Many legal reviews and legislative drafts have been prepared on the necessity of the protection of public interest.  

 

In its decision N 906 dated September 7, 2010, the RA Constitutional Court, taking into account the role of non-governmental organizations in the life of the state and civil society, and guided by the goal of  increasing the efficiency of the activity of non-governmental organizations, found that the RA Administrative Procedure Code can set the procedure and cases of exercising the right to apply to court for persons whose rights were violated, also based on the tendencies of current European developments regarding the institute of action popularis appeals.

 

It is necessary to highlight in this context that the current legal regulations do not yet identify the legal content of the terms “public interest” or “matters of public importance”.

 

Having studied the problems in the sphere, Helsinki Citizens’ Assembly-Vanadzor presents the following recommendations, 

 

  1. study and develop the definition of the term “public interest”, which will completely clarify its legal essence and content,
  2. make respective legislative amendments and addenda to the RA Administrative and Civil Procedure Code by envisaging separate chapters to define the regulations regarding the presentation of an application for the protection of “public interest”, proceedings, presenting proofs and allocation of burden of proofs, including the content of judicial acts 
  3. make respective legislative amendments and addenda to the RA Law “On non-governmental organizations”   and legislative acts regulating separate spheres by defining for the non-governmental organizations operating in this sphere the possibility of the right to apply to the court for the protection of public interest.

 

HCA Vanadzor also finds it necessary to add relevant provisions, according to their priority, to the RA draft laws “On the protection of the rights of persons with disability and their social integration”, “On securing legal equality” and RA constitutional law “Electoral Code”. 

 

The full document is available HERE (in Armenian)

 

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