An administrative complaint was filed against the law on 1000 drams; the court hearing is scheduled for February 22
10:46, January 30, 2018 | News, Own news | Right to Fair Trial, Right to Property
On October 27, 2017 the Court of General Jurisdiction of Kentron and Nork-Marash Administrative Districts rejected the claim of HCA Vanadzor employees against the payments established by the RA Law on the Compensation for the Damages Caused to the Life or Health of the Servicemen while Defending the Republic of Armenia.
The employees of HCA Vanadzor applied to the court on March 21, 2017. With the claim they presented arguments regarding the fact that the Republic of Armenia has been groundlessly enriched in the meaning of the RA Civil Code, violating the RA citizens’ right of ownership stipulated in the Constitution, and that the Law contradicts the RA Constitution.
HCA Vanadzor also applied to the Human Rights Defender of the RA in regard to the matter of disputing the constitutionality of Article 10 of the Law establishing the compulsory nature of stamp fees. However, the Human Rights Defender rejected to apply to the Constitutional Court.
During the examination of the case at the Court of General Jurisdiction of Kentron and Nork-Marash Administrative Districts, the court also rejected HCA Vanadzor advocate Ani Chatinyan’s motion to suspend the case proceedings and apply to the RA Constitutional Court.
The court substantiated the rejection of the claim by the fact that stamp fees were charged after the Law had been put into force, were established by the law and, therefore, could not be considered to be groundless enrichment.
The employees of HCA Vanadzor filed an appeal against the decision of the Court of General Jurisdiction of Kentron and Nork-Marash Administrative Districts.
There they substantiated that the court had not conducted an objective examination and the decision made without checking the constitutionality of the disputed provision cannot be lawful.
The plaintiffs’ rights and freedoms were violated with this court ruling.
The RA Court of Appeal has started proceedings. The court hearing has been scheduled for 11.00 am on February 22, 2018.