From Civil to Administrative Justice: the Evolution and Concept of the Administrative Claim in the Republic of Armenia
From Civil to Administrative Justice: the Evolution and Concept of the Administrative Claim in the Republic of Armenia

Summary/Abstract: The article seeks to uncover the legal nature and doctrinal essence of the administrative claim as a specific procedural form of exercising the right to judicial protection within administrative justice in the Republic of Armenia. It explores the evolution of the administrative claim as an independent institution in the Armenian legal system, analyzing its substantive and procedural dimensions within the framework of administrative justice and in light of European doctrinal approaches. The study argues that defining the administrative claim as both a substantive legal demand and a procedural request to the court is essential for ensuring effective judicial protection of subjective public rights and legitimate interests. Within this context, particular attention is paid to the ex officio principle, which underlies the court’s duty to ascertain the factual circumstances of the case, ensuring procedural equality between the parties in public-law relations. Through doctrinal and comparative legal analysis, the article demonstrates that the administrative claim functions as a dual mechanism – both a means of restoring violated rights and a procedural instrument initiating administrative adjudication. The findings suggest that the institutionalization of the administrative claim in Armenia has elevated judicial control over administrative acts to the level of full-fledged adjudication, aligning national administrative procedure with the principles of the European Convention on Human Rights, in particular the right to a fair trial under Article 6.

• Details
• Contents