Gladzor Community Head Won't Perform Requirement of "Vayq Metal": Administrative Court Recognized Decision of Law Enforcement Body as Invalid

Gladzor Community Head Won't Perform Requirement of

EcoLur

Gladzor Community Head Armen Movsisyan, Vayots Dzor Region, won't be forced to perform the requirement of "Vayq Metal" LLC any more, i.e. not to hinder the implementation of geological prospecting works in the area of Gladzor community. RA Administrative Court ruled in favor of the community head having issued a claim and recognized the decision of Law Enforcement Body as invalid, as EcoLur learned from Nazeli Vardanyan, Armen Movsisyan's barrister.

Reminder: in 2017, First Instance Court of Ararat and Vayots Dzor Regions ruled in favour of 'Vayq Metal' LLC - not to hinder the geological prospecting of the company in the community territory based on the agreement on conducting geological prospecting in the area of Gladzor signed by the company with RA Ministry for Infrastructures and Natural Resources. Head of Gladzor Community, Vayots Dzor Region, Armen Movsisyan had filed an appeal against the ruling of the First Instance Court of Ararat and Vayots Dzor Regions, pointing out that the Ruling of First Instance Court of Ararat and Vayots Dzor Regions on the claim filed by Vayq Metal is non-substantiated and illegal. Nevertheless, the appeal of the community head was rejected.

'Court had enforced the community head to perform illegal actions, as the community head is not entitled to carry out land assignments, has no right to sign a contract without the decision of the Aldermen's Council, while the Aldermen's Council had already rejected once. When the ruling of the court entered into force, the community head again applied to the Aldermen's Council in order to perform the requirements of this ruling, but the Council rejected again and banned the community head to sign any contract with 'Vayq Metal' LLC. Afterward 'Vayq Metal' LLC applied to Law Enforcement Service so as to have this ruling executed. And as in this situation, it was impossible to execute the requirement of the ruling, I applied to Head of Law Enforcement Service to annul this ruling and to stop its execution. Head of Law Enforcement Service rejected my application and based on this rejected we applied to RA Administrative Court, which ruled that indeed all possible measures for the execution of this ruling have been exhausted. The Administrative Court found in favor of us and ruled that the ruling of Law Enforcement Service is annulled and the proceedings is stopped,' Nazeli Vardanyan presented the details.

It should be mentioned that "Vayq Metal" LLC sought to receive the consent of Gladzor and Vernashen communities twice in 2016 and 2017 for Gladzor mining, nevertheless, the impacted communities rejected the company.

18:24 March 29, 2019


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