Decision on declaring Razmik Petrosyan fit for military service again disputed at the Administrative Court
17:17, June 1, 2017 | News, Own news | Rights of Soldiers/Recruits | Armed ForcesThe RA Central Military and Medical Commission’s decision of March 3, 2016 on declaring serviceman Razmik Petrosyan fit for military service is again at the first instance court, by ruling of the RA Court of Administrative Appeals.
Razmik Petrosyan has been in service for over 1 year and almost all this time he spent at military hospital due to swelling and corns on his feet.
By the said decision, the Central Military and Medical Commission declared him fit for service but noted that it was impossible to organize the service in standards shoes and he would be allowed to wear non-standards shoes as an exception.
Given that there is no legal act prescribing wearing non-standard shoes, R. Petrosyan’s representative, Arayik Zalyan, lawyer at HCA Vanadzor, applied to the RA Administrative Court on October 7, 2016 to challenge the Central Military and Medical Commission’s decision. The Court did not accept the claim considering that the challenged act was not considered administrative act. But the Court of Appeals considered this conclusion wrong and stressed that it was impossible to make such conclusions without examining the contested act and moreover, to assess its lawfulness in its absence.
At the court hearing of May 30, 2017 the RA Administrative Court rejected the RA Defense Ministry representative’s motion to discontinue the proceedings and passed to trial examination.