On April 6 of 2021, the\nRA Administrative Court adopted a decision to satisfy the appeal of L.\nMilitonyan filed against the Republic of Armenia Ministry of Labour and Social\nAffairs and obliged the Ministry of Labor and Social Affairs to provide L.\nMilitonyan a document enabling to exercise her right to receive compensation in\nthe amount of 1.367.000 AMD on the ground of the failure of the administrative\nbody to adopt the administrative act within the deadline prescribed by the law.<\/p>\n\n\n\n
Nina Hakobyan, the lawyer\nof the Protection of Rights without Borders NGO was representing the interests\nof L. Militonyan at the court. <\/p>\n\n\n\n
It should be mentioned,\nthat L. Militonyan had a serious injury on the head, as a result of which she\nhad serious health problems impacting also her life and life activities. During\n2003-2011, the child was subjected to medical examinations, based on which she\nreceived \u201cdisabled child\u201d status, each time with two years of deadline. <\/p>\n\n\n\n
On July 13 of 2013, in\nthe outcomes of the new medical-social examination, L.M. was not recognized as\na disabled child, in regard to which a judicial appeal had been presented. By\nthe administrative case number \u054e\u0534\/9578\/05\/13 dated May 22 of 2017 it was\nconfirmed, that the administration carried out by the administrative body and\nthe act adopted in this regard were illegal and by recognizing Lilit Militonyan\nas a disabled child, an illegal intervention was made towards her rights. An\nappeal was filed against the adopted decision and the decision of the Court\nremained unchanged. <\/p>\n\n\n\n
As a result, L.\nMilityonyan was deprived from social support and had not received disability\nbenefit for about 5 years. <\/p>\n\n\n\n
On July 19 of 2019, an\napplication was filed by the representative of L. Militonyan to the RA Ministry\nof Labor and Social Affairs with the request to compensate the damage caused in\nthe outcomes of the illegal administration as a social benefit fee for the\nchild having \u201cdisabled\u201d status. <\/p>\n\n\n\n
However, an act had not\nbeen adopted within the deadline prescribed by the Ministry, therefore the\nrepresentative of L.M. applied to the Administrative Court with the request to\noblige the respondent RA Ministry of \nLabor and Social Affairs to provide a document enabling to exercise the\nright to receive compensation in the amount of 1.367.000 AMD on the ground of\nthe failure of the administrative body to adopt the administrative act within\nthe deadline prescribed by the law. <\/p>\n\n\n\n
The Court stated, that in\nthe outcomes of adopting the admirative acts by the Medical and Social Expertise\nAgency under the RA Ministry of Labor and Social Affairs, Lilit Militonyan was\ndeprived from her disability benefits and such circumstances restate the\navailability of the evidence of the damage caused to Lilit Militonyan. <\/p>\n\n\n\n
According to the Court,\nunder the conditions of adopting an illegal administrative act, when the latter\nwas recognized annul, the respondent was obliged to compensate the property\ndamage, since the RA Law \u201cOn The Fundamentals of Administration and\nAdministrative Procedure\u201d does not define a precondition of opportunity for the\nadministrative body to compensate the caused damage, rather the Law stipulated\nan obligation to compensate the damage caused to the property as a result of\nadministration.<\/p>\n\n\n","protected":false},"excerpt":{"rendered":"
On April 6 of 2021, the RA Administrative Court adopted a decision to satisfy the appeal of L. Militonyan filed against the Republic of Armenia Ministry of Labour and Social Affairs and obliged the Ministry of Labor and Social Affairs to provide L. Militonyan a document enabling to exercise her right to receive compensation in […]<\/p>\n","protected":false},"author":1,"featured_media":38831,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[29,245,190,310],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/posts\/30893"}],"collection":[{"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/comments?post=30893"}],"version-history":[{"count":2,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/posts\/30893\/revisions"}],"predecessor-version":[{"id":34096,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/posts\/30893\/revisions\/34096"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/media\/38831"}],"wp:attachment":[{"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/media?parent=30893"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/categories?post=30893"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/tags?post=30893"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}