The RA Administrative Court of Appeals Satisfied the Appeal by which the Adoption of the Application on Appealing the Legality of the RA Minister of Healthcare Decrees was Rejected

On October 19 of 2020, A. Hayrapetyan filed an application to the RA Administrative Court with the demand to recognize the decrees number 1795-A and 1239-A adopted by the RA Minister of Healthcare partially illegal.

The decrees mentioned by the application and subject to appeal was regulated by the order on providing medical assistance to the patients with COVID-19 in outpatient conditions.

By the Decree dated October 27 of 2020, the RA Administrative Court rejected the adoption of the application on the ground that the mentioned decrees were not normative legal acts.

The RA Administrative Court also stated, that the appealed decrees, even though contain components of normative nature, the latter were adopted as separate legal acts and not as normative legal acts, therefore, the legality of those acts cannot be made a subject of examination at the RA Administrative Court with the procedure set for appealing the legality of normative legal acts.

On December 19 of 2020, an appeal was filed against the decision adopted by the RA Administrative Court, with the statement, that the issues raised by the appeal and the decrees of the RA Minister of Healthcare regulating those issues have defined general rules of conduct directed for uncertain scope of groups, therefore the latter cannot be considered separate administrative acts.

On January 19 of 2021, the RA Administrative Court of Appeals adopted a decision which satisfied the appeal filed by A. Hayrapetyan and eliminated the decision on “Rejection of the Adoption of the Application” adopted by the RA Administrative Court in the scope of the case number ՎԴ/8278/05/20.

According to the RA Administrative Court of Appeals, even though the RA Administrative Court stated, that the appealed decrees contain components of normative nature and the latter also define codes of conduct, which can directly relate to uncertain group of subjects by the cases of same decree, by the wrong interpretation and application of the provisions of the RA Law on “Normative Legal Acts”, the Court came to the wrong conclusion, that those decrees were adopted as separate legal acts and not as normative legal acts.  

According to the conclusion of the Court, the RA Administrative Court also applied the norm defined by part 1 of paragraph 1 of Article 80 of the Law on “Normative Legal Acts” falsely, conditioned by which the Court adopted a groundless conclusion to reject the adoption of the application filed by A. Hayrapetyan.

The given case has an essential role in clarifying the issues related to the regulation of COVID-19 related sector by normative grounds and providing proper medical assistance in this regard.

The interests of A. Hayrapetyan was presented at the court by the lawyers of the Protection of Rights without Borders NGO.