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The Constitutional Court on October 30 started the inquiry of the case based on the claim of the “Asatryanneri Sakha Lena” LLC. The applicant challenges the constitutionality of the article 36 Clause 2 and Clause 3 of the law “About the principles of administration and administrative proceedings”.

The reporter on the case member of the CC Volodya Hovhannisyan informed that all the necessary documents are available and suggested moving to the meeting room to make a decision on the case.

It should be noted that according to the Article 36 Clause 2 “The responsibility of the administrative body to act quickly”, the administrative body has to realize the administrative proceeding without complicating it, i.e. organizing supplementary hearings, appointing supplementary expertise or realizing examination, if factual circumstances for further clarifications of the case are not available.

According to the Clause 3 of the same article, if after initiating an administrative proceeding the administrative body has relevant administrative documents in order to adopt an administrative act, the circumstances of the case are clarified and adjusted enough, then the administrative body has to adopt the administrative act after the appearance of those circumstances in reasonable period of time without waiting for general or specific expiry date.

The applicant requested the CC to recognize these parts of the law void and contrary to the principle of legal state defined by the Article 1 of the Constitution of RA, the Article 14.1 Clause 1 saying that all the people are equal before the law, Article 18 Clause 1 stating that every person has the right of efficient legal protection of his rights and freedoms in front of judicial as well as state bodies.

The applicant finds that the unconstitutionality of the challenged undertakings is conditioned by constitutional blanks in those undertakings, which in their turn result in legal uncertainty of legal regulation. According to the applicant the challenged undertakings do not define the standards which would let the circumstances of the case become clear and adjusted for the actors of the right including the administrative body.