The Court examined and granted Compulsory Enforcement Service officer’s motion in gross violation of law provisions
15:39, February 25, 2017 | News, Own newsHelsinki Citizens’ Assembly-Vanadzor continues to protect the rights of Anush Poghosyan who faced the illegal actions of the Compulsory Enforcement Service officers.
Note that to verify whether the movable property arrested by a court ruling in the apartment owned by A. Poghosyan was used, the Compulsory Enforcement Service officers tried to break into her apartment and when meeting resistance, applied to court to impose on A. Poghosyan administrative sanctions and then withdrew their claim.
At the same time, with the support of HCA Vanadzor, A. Poghosyan applied to the RA Administrative Court, to declare the absence of any legal relations for K. Paronyan, senior enforcement officer at Avan and Nor-Nork Division of Yerevan city of RA Compulsory Enforcement Service, to resume the enforcement proceedings of January 22, 2016. Based on the fact that the court admitted A. Poghosyan’s claim, the Compulsory Enforcement Service officer suspended the enforcement proceedings.
While the Compulsory Enforcement Service officer is not authorized to take any action under the suspended enforcement proceedings, on October 21, 2016, K. Paronyan filed with the General Jurisdiction Court of Kentron and Nork-Marash administrative districts of Yerevan city, a motion for permission to enter A. Poghosyan’s apartment contrary to the RA Law on the Compulsory Enforcement Service.
According to the said Law, the enforcement officer may file with the court a motion on entering a debtor’s apartment only when a person, not a party to the enforcement proceedings, disagrees on entering such apartment, which was not the case, and the Court examined and granted the motion in gross violation of the law provisions.
Note that A. Poghosyan motioned to discontinue the case proceedings referring to the lack of any grounds for its examination, but some days later, R. Nersisyan, judge at the General Jurisdiction Court of Kentron and Nork-Marash Administrative Districts, made the above illegal ruling.