The administrative appeal of the administrative acts in the Republic of Armenia

Abstract

The research is designed as a practical tool to help unloading of administrative courts. Hence, the core question that needs an answer is the following: whether the mandatory system of administrative appeal of administrative acts might serve as an effective measure for the protection of human rights? The research question will be duly examined and answered in the framework of the paper. Thus, the notion, main characteristics and types of administrative appeal of administrative acts are studied. Additionally, the comparison between the mandatory and optional administrative appeal is presented, outlining the main peculiarities. The paper makes references to a broad array of research articles, scholarly papers, state projects as well as books by reputable agencies, authorities and world-acclaimed authors. Certain legal instruments in terms of conventions, treaties and recommendations are as well cited in the paper. Furthermore, relevant COE recommendations, ECHR and foreign countries’ court decisions, which may have fundamental importance for the interpretation of the administrative review mechanism in the ambit of human rights protection, are cited in the paper. In addition, the practices of foreign states, that applied the institute and achieved the desired results, are examined, along with the currently existing initiations towards the integration of the institute into Armenian legislation. So, possible ways of implementation of the institute under the RA regulations will be revealed. Therefore, the study assists in designing the outlook regarding regulations that might have the potential of successful implementation in the RA.