Examination of the claim against Compulsory Enforcement Service postponed
17:09, January 25, 2017 | News, Own news
On January 24, 2017 the RA Administrative Court, presided by Judge A. Darbinyan, examined the administrative case under the claim filed by Anush Poghosyan against K. Paronyan, senior compulsory enforcement officer at Avan and Nor-Nork Division of the RA MoJ Compulsory Enforcement Service, on declaring the actions on resuming enforcement proceedings of January 22, 2016 unlawful.
The pre-trial court hearing was attended by plaintiff A. Poghosyan and her representative, Tatevik Siradeghyan, Lawyer at Yerevan Office of HCA Vanadzor, whose powers were confirmed before the Court. Despite proper notification of the date and time of the court hearing, the RA MoJ Compulsory Enforcement Service did not ensure the presence of its representative and therefore, the court hearing was resumed in their absence.
Plaintiff’s representative T. Siradeghyan stated that the plaintiff party aimed to change the substance of the claim which would not lead to any changes in its merits. Then she noted that the enforcement proceedings, aimed at meeting the requirements of the enforcement list to ensure the claim and already completed, might not be resumed by virtue of the law and therefore in that case there were no legal relations by virtue of law on resuming the enforcement proceedings and referred to the legal position expressed in the RA Cassation Court’s ruling.
Thus, T. Siradeghyan requested the court to allow her to change the substance of the claim and declare absence of any legal relations for K. Paronyan, senior compulsory enforcement officer at Avan and Nor-Nork Division of the RA MoJ Compulsory Enforcement Service, to resume the enforcement proceedings.
The Court tried to find out the applicability of the legal position expressed by the RA Cassation Court to this case and then postponed the court hearing to rule on the motion.
The next court hearing is scheduled for February 2, 2017, at 4 pm.