The Administrative Chamber of the RA Court of Cassation has expressed an important precedential position regarding the specifics of the deadlines for applying to the court for the execution of the action regarding the provision of the relevant document provided for by the law, in case the administrative act is deemed to have been adopted as a result of the non-acceptance of the administrative act within the time limit set by the law.

The RA Court of Cassation reported.

Thus: considering in writing the cassation complaint of Sirun Mkrtchyan against the Yerevan City Hall regarding the legalization and expropriation of a volunteer building located in the adjacent territory at 333/1 Arshakunyats Avenue in Yerevan, at the sale prices valid until 12/31/2020, provided for by the Government Decision The RA Administrative Chamber of the RA Court of Cassation No. 912 dated 05.18.2006 on the requirement for the mandatory submission of an administrative act considered the issue of the decision dated February 7, 2023, what to do if the administrative body shows inaction and does not provide the required document in relation to the submitted application to provide the relevant document testifying to the fact that the fictitious act has been adopted and from what moment the deadline for applying to the court for the execution of the operation starts?

In relation to the above issue, the Administrative Chamber of the RA Court of Cassation recorded that in the case of rejecting the application for the issuance of the Fictitious Administrative Act or showing inaction in connection with that application, there is a dispute and the person has the right to apply for judicial protection in order to protect himself/herself from the action or inaction of the administrative body, i.e. there is a “legal interest” to apply to the court, in which case the claim can be submitted to the court within the time limits set by points “a”-“b” of Article 72, Part 3 of the Administrative Procedure Code of the Republic of Armenia.