What happens if the Administrative Body fails to respond to your Request?

Prior to referring to this question a few other factors should be perceived as well. Is it the authority to which you applied an administrative body or not? What is the purpose for applying to this body? What are the consequences of not accepting the Administrative Procedure Act to administrative proceeding?

According to the RA Law on Fundamentals of Administrative Action and Administrative Proceeding the

An administrative act is the decision, executive order, order or other individual legal act having an external effect that administrative body adopted for the purpose of settlement of a concrete matter in the field of public law, and is directed to the prescription, amendment, elimination or recognition of rights and obligations for persons.

Under the mentioned law the administrative bodies are: republican and territorial administrative bodies of the executive power, as well as local self‐government bodies;

a) Republican bodies of the executive power of the Republic of Armenia – ministries of the Republic of Armenia and other state bodies carrying out administrative action within the whole territory of the Republic;

b) bodies of territorial administration – marzpets [regional governors];

գ) local self‐government bodies – community council of elders and head of community; mayor in urban community, head of village in rural community.

Where, apart from the mentioned ones, other state bodies carry out administrative action, these shall also be considered administrative bodies within the meaning of this Law;

In case of failure to adopt an administrative act by the administrative body competent to adopt such act within the time limit envisaged by law as a result of administrative proceedings initiated on the basis of application:

a) Administrative act shall be considered to have been adopted and the applicant may take steps in the enjoyment of the relevant right;

b) If the application relates to the provision of a document prescribed by law in regard to affirmation or recording of a fact (birth, death, absence of a person etc.), the person who has not received the relevant act pursuant to his or her application or the person who has submitted the application for that act shall be exempted from such obligations or any liability prescribed by law for not holding such documents.

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