Examination of the claim against Municipality of Yerevan to be resumed
13:36, October 11, 2016 | News, Own news
On October 10, 2016, the RA Administrative Court, presided by judge A. Avagyan, held the first pre-trial court hearing on Armine Tangiyan v. Municipality of Yerevan. Under this case, A. Tangiyan required declaring unlawful the actions of the Municipality of Yerevan on not initiating administrative proceedings and not issuing administrative act based on her application of June 2, 2016
The pre-trial hearing was attended by plaintiff A. Tangiyan, her representative Tatevik Siradeghyan, lawyer at HCA Vanadzor Yerevan Office, and Armen Kirakosyan, representative of the Municipality of Yerevan.
While presenting the substance and merits of the claim at the pre-trial hearing, T. Siradeghyan noted that the plaintiff resided in apt. 3, build. 31, M. Mashtots Avenue, c. Yerevan. On June 2, 2016, she submitted an application to T. Margaryan, Mayor of Yerevan, requiring to initiate administrative proceedings and impose sanctions on the fact that on May 30, 2016, ‘Sport Pub’ operating on the basement and ground floors of the above building, provided outdoor services and worked after 12 pm without relevant permission, but the Municipality of Yerevan showed inaction and thus violated the plaintiff’s rights. In particular, according to the plaintiff, the Municipality of Yerevan failed to carry out proper administration and initiate administrative proceedings, which should have led to issuing an administrative act. The plaintiff’s representative also presented the scope of the legal acts to be applied during the examination of the claim.
A. Kirakosyan, representative of the Municipality of Yerevan, noted that he objected to the claim above as the examination showed that ‘Sport Pub’ did not work after 12 pm and did not provide outdoor services, which was also confirmed under the administrative proceedings carried out by the RA Police.
In response to the court’s questions, A. Tangiyan said that ‘Sport Pub’ regularly worked after 12 pm and provided outdoor services, despite the lack of relevant permission.
The court compelled the parties to submit evidence significant for the examination of the case and particularly compelled the plaintiff party to submit to the court the electronic storage device missing from the list of the documents enclosed to the claim and other facts significant for the solution of the case and compelled the representative of the Municipality of Yerevan to submit the materials on the proceedings carried out on the basis of the application. At the same time, the court decided to declare ‘Garhar’ LLC operating ‘Sport Pub’ as the 3rd person under this case.
Thus, the pre-trial court hearing was postponed; another pre-trial hearing was scheduled and the parties will be further notified of its date and time.