On June 07 of 2021, the Protection of Rights without Borders NGO (hereinafter as the Organization) filed an appeal to the Republic of Armenia Administrative Court with the demand to recognize Points 2 and 3 of the RA Government Decree number 876-Ա, dated 27.05.2021 on “Acceptance of the Property as Donation, Allocation and the Usage of the Property with Gratuitous Right” annul.
By the decision of the RA Administrative Court, dated 16 of 2021, the application of the Organization to adopt the appeal into proceeding was rejected.
It should be mentioned, that by the above-mentioned Government Decree, territories in Kapan, Meghri and Tegh communities of Syunik Region will be handed over to the border guards of the Russian Federal Security Service located in the territory of the Republic of Armenia.
According to the Organization, the Government Decree is groundless and is a subject to elimination for a number of reasons.
Firstly, according to the examination of domestic legislation, the RA Prime Minister and the RA Government respectively do not have right to carry out such changes in the territory of the Republic of Armenia. Moreover, by handing over the mentioned territories to the use of foreign country, the full exercise of the community residencies’ rights has been violated.
By such decision, the territory of the Republic of Armenia is subjected to foreign control, since the citizens of the Republic of Armenia are being deprived from the rights concerning those territories and the latter, although through only the right of use, is transferred to foreign armed forces, for limitless period.
The issues raised by the Decision and the fact that the physical territories of the Republic of Armenia are questions of public importance, essential problems regulated by the decision, which presents not only the interests of the given community, but the interests of the whole nation of Armenia, therefore also relates to the mission of the Organization, are considered ground for submitting the Appeal by the Organization.
The presentation of the appeal and making the latter a matter of discussion in the court is also essential in terms of the necessity to establish accountability in decision making processes in the public administration system of the Republic of Armenia.
Besides, the Applicant being a non-governmental organization, is entitled with the mission to carry out protection of human rights and fundamental freedoms, improvement and strengthening of human rights related legislation, public awareness and protection of public interest.
Despite the presented justifications, the Administrative Court stated, that the Organization does not have the right to present a requirement to recognize the Government Decree annul. Moreover, the Government Decree is considered an individual legal act, therefore cannot be disputed in the RA Administrative Court.
Highlighting the public importance of the presented issue, the Organization will file an appeal against the adopted decision to reject the adoption of the appeal presented by the RA Administrative Court into proceeding with the aim to expand the practice of making the decisions adopted by public administrative bodies a matter of judicial dispute and promoting the maintenance of the principals of accountability and legality by public administrative bodies.