The court recognized lack of legal relations for compulsory enforcement officer to resume completed enforcement proceedings
17:02, May 19, 2017 | News, Own newsOn May 18, 2017 the RA Administrative Court announced its judgment after examination of Anush Poghosyan’s claim against the Compulsory Enforcement Service.
Note that A. Poghosyan demanded to declare unlawful the actions of K. Paronyan, senior enforcement officer at Avan and Nor-Nork Division of Yerevan city, RA MoJ Compulsory Enforcement Service, of January 22, 2016 to resume the enforcement proceedings that were over by the decisions of November 30, 2015.
The Court found that the lack of legal relations to resume enforcement proceedings was to be recognized as there were not legal grounds for resuming completed enforcement proceedings and the enforcement officer resumed them without any such competence.
By the court ruling, 8.000 AMD will be seized from the RA MoJ Compulsory Enforcement Service in favor of the Republic of Armenia as state duty not paid in advance.
Note that a crime report was also filed with the RA Special Investigation Service with the claim to give a legal assessment to the actions of the Compulsory Enforcement Service officers. As a result, on August 12, 2016 it was decided not to initiate criminal prosecution and discontinue the criminal proceedings. The complaints against the decision filed by A. Poghosyan and her representative T. Siradeghyan, lawyer at Yerevan office of HCA Vanadzor, were rejected.