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On October 30 the RA Constitutional Court started the inquiry of the case based on the claim of the ‘Asatryans’ Sakha Lena’ LLC. The applicant questions the constitutionality of Article 36 Clause 2 and 3 of the Law on the principles of administration and administrative proceedings.

Departing from the results of the investigation of the case, the CC decided that the challenged provisions regarding the responsibility of the administrative body to act quickly are in line with the RA Constitution. The CC decision is final and comes into force from the moment of publication.

The CC President Gagik Harutyunyan having declared the final part of the decision stated that the decision will probably be placed on the webpage of the CC and will be sent to relevant bodies within the fixed period of time.

‘The Court analyzed this article in 12 pages and its ties with the structural integrity with all the other articles. The CC finds that the possible violations of the applicant’s rights are not conditioned with the provisions of those articles’ said the President of CC after the publication of the decision.

He added that the Constitutional Court also mentioned in its decision that it is another issue, whether by the judgment of the case from 24.06.11 of Administrative Court of RA and by the decision from 01.12.11 on the same case of the Court of Appeal of RA, as well as by the decision of the Court of Cassation of RA from 01.02.12, ‘to which extent effective judicial protection of the rights of the applicant was exercised and guaranteed, the evaluation of which is out of the scope of the powers vested by the Constitution’. ‘In other words, we cannot evaluate a judicial act as such, we simply evaluated the constitutionality of the norm within our jurisdiction’ highlighted G. Harutyunyan.

After the Court’s sitting ‘Pastinfo’ reporter was informed by the representative of the “Asatryans’ Sakha Lena” LLC advocate Ishkhan Vanoyan that taking this case to the CC was conditioned with the disagreements between the mentioned Ltd and ‘Lilit’ LLC that resulted in submitting numerous plaints to the courts of different instances during the last 6 years. The dispute between two companies is connected with the construction started by ‘Lilit’ LLC in a distance of 0, 5 - 2 meters from the building of the ‘Asatryans’ Sekha Lena’ Ltd along the whole building, which resulted in blocking the door and windows of the latter.