ArmInfo. The Ministry of Justice of Armenia refutes the information circulating on social networks that under the proposed amendments to the Administrative Procedure Code of the Republic of Armenia, citizens will be only be able to challenge fines after paying them. Tigran Keyan, a member of the Board of the Association of Small and Medium Entrepreneurs, believes that the ministry's statements validate the concerns raised and indicate the potential risks of the draft.
It should be noted that, based on the rationale provided in the document, the Ministry of Justice, particularly, is suggesting that Article 83 of the Administrative Procedure Code of the Republic of Armenia be deemed invalid. The latter states that the filing of a challenge suspends the execution of the disputed administrative act until a judicial decision is made on the case. Legal experts and business representatives have argued that the proposed changes are unconstitutional and infringe upon the principle of the presumption of innocence.
The Ministry of Justice has clarified that their proposed amendments only aim to introduce an additional petition for securing the claim. the Ministry explained. , the Ministry of Justice of Armenia assures.
Meanwhile, Tigran Keyan points out that with its explanation, the Ministry acknowledges that: 1) If the court denies the request for a security measure, the administrative act remains in effect, and the individual must pay the fine, regardless of any legal challenges. 2) Even if the court ultimately rules in favor of the individual, the fine may only be refunded after the trial. 3) Essentially, individuals are a key opportunity to defend their rights, as they are required to pay the fine upfront and then contest its legality.
Keyan posted on his Facebook page.