The demand to protect the right of ownership cannot be conditioned by the change of authorities
14:40, July 27, 2018 | News, Own news | Right to Property
Yesterday, on July 26, 2018, the RA Civil Court of Appeal examined the appeal of the 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 (Law on 1000 AMD) and scheduled a date for the delivery of the decision.
It should be recalled that 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.
On October 27, 2017, the Court of General Jurisdiction of Kentron and Nork-Marash Administrative Districts rejected the claim of the HCA Vanadzor employees.
In the appeal, arguments were provided on the Court not having conducted an objective examination and the decision rendered without checking the constitutionality of the challenged provision not being lawful. The claimants’ rights and freedoms were violated by that decision of the Court.
Yesterday, the Court presented the appeal and posed some questions to HCA Vanadzor advocate Ani Chatinyan, the representatives of the appellants.
In response to the questions posed by the Court, A. Chatinyan mentioned that a motion on applying to the RA Constitutional Court was filed before the Court of First Instance, as the claimants could not do so without a final judicial act.
Under the legislation, the courts and the Human Rights Defender are endowed with this authority. The claimants used both of the levers and received a rejection.
Answering the questions of the Court, A Chatinyan reaffirmed the claim of the HCA Vanadzor employees.
In A. Chatinyan’s view, the demand to protect the right of ownership cannot be conditioned by the change of authorities in any way and it remains the same, irrespective of the change in the situation on the country.
The Court scheduled the delivery of the judgment for August 10, 2018.