Interrelation between action of quashing and action of compelling under administrative procedure code of RA. Whether the current regulation of examining the action of quashing together with the action of compelling by virtue of law ensures effective restoration of human rights considering the specific limitations of applicable legislation and evidence for these types of actions?

Abstract

The judicial control of the Administrative court of the Republic of Armenia (hereinafter “the Court”) is considered to be an important measure for both individuals and legal entities to apply to the Court with the claims against unlawful administration exercised by the administrative bodies. For this purpose, the Code of the Administrative Procedure of the Republic of Armenia (hereinafter “the Code”) stipulated four types of claims that may be brought to the Court against administrative bodies. Article 65 of the Code stipulates the grounds for instituting a case in the Administrative Court establishing that the case in the Court shall be instituted based on a claim. Therefore, Articles 66-69 stipulate the claims which may be brought to the Court and with these claims the administrative proceedings are differ from the criminal and civil proceedings as only the Code stipulates specific claims which are subject of examination of the Court. The mentioned claims are the followings. 1. The action of quashing, 2. The action of compelling, 3. The action of taking an action, 4. The action of recognition. This thesis paper deals with the two types of administrative actions and in this thesis paper we will concentrate on the action of quashing and the action of compelling. The selection of these two actions is conditioned to the fact that in practice there are some misunderstandings regarded to the regulations stipulated by the Code. The action of quashing and the action of compelling are strongly connected and it is essential to distinguish between these two actions to decide which measure to apply for fighting against unlawful administration exercised by the administrative bodies.