Initial pre-trial hearing on Hovhannes Mosyan v. RA Central Medical Commission held
17:22, May 18, 2016 | News, Own news | Rights of Soldiers/Recruits
On May 18, 2016, the RA Administrative Court, presided by K. Baghdasaryan, held the initial pre-trial hearing on Hovhannes Mosyan v. RA Central Medical Commission. By his claim lodged to the court, H. Mosyan required the Court to annul the decree of the RA Central Medical Commission dated January 21, 2016, which granted him a 10-month deferment from conscript military service.
The initial pre-trial hearing was attended by plaintiff’s representatives Gohar Mosyan and Tatevik Siradeghyan, lawyer at Yerevan Office of HCA Vanadzor. In spite of being duly notified of the date and time of the court hearing, the defendant neither attended it, nor submitted to the Court any response to the claim.
Having found out the view of the plaintiff party about resuming the court hearing in the absence of the defendant, the Court decided to resume the hearing in the absence of the representative of the RA Central Medical Commission.
Then T. Siradeghyan presented the substance and grounds of the claim stating that given the plaintiff’s health problems, the provisions of Article 7 of the RA Defense Minister’s Order № 410-N dated April 8, 2013 should have been applied and he should have been granted a draft deferment of 3 years. The plaintiff’s representative also invoked the legal acts applicable to the case.
The presiding judge mentioned that in case of a challenging claim, the burden of proof for the evidence serving basis for an intervening administrative act should be borne by the administrative agency which, however, submitted to the court no position on the claim.
Based on the above, the Court ruled to compel the defendant to submit the files of the administrative proceedings and adjourn the pre-trial hearing.
Plaintiff’s representative T. Siradeghyan submitted to the Court the letter from the RA Ministry of Health in response to her inquiry about the symptoms of Hovhannes Mosyan’s disease, its common manifestations and treatment.
Hence, the pre-trial court hearing was adjourned and scheduled for June 28, 2016, at 11:30 am.