Amendments to Article 83 of the Code of Administrative Procedure will be made.

Deputy Minister of Justice Rafik Grigoryan presented the issue to the members of the executive.

“Currently, the Code of Administrative Procedure provides for a structure by which filing an administrative complaint on an administrative act or filing a dispute leads to the suspension of implementation of the administrative act, except for the cases listed in that article,” he said in connection with which the construction works are suspended.

According to the amendment, Article 83 of the Code of Administrative Procedure will exclude from the effect of suspension the cases of disputes favorable to the addressee of the administrative act or the favorable part of the accompanying administrative act. As a result, the disputing of the administrative act addressed to another person by third parties will not automatically lead to the suspension of the administrative act. Instead, the administrative court may, at the request of the plaintiff, suspend the execution of the said administrative act in whole or in part during the examination of the case, in accordance with the general procedure provided for in Article 83 of the Administrative Procedure Code.

It is envisaged to make relevant amendments to Article 74 of the Law on Fundamentals of Administrative Action and Administrative Proceedings. In particular, an exception to the effect of suspension is also provided for cases when  a person who is not the addressee of the administrative act appeals to the addressee of the administrative act with a favorable administrative act or an accompanying administrative act containing favorable provisions.

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