Administrative Appeal Court granted two appeals by Vayots Dzor Regional Municipality against the rulings of RA Administrative Court, according to which the claims filed the Municipality against Jermuk and Yeghegnadzor Community Aldermens' Councils had been rejected.
Vayots Dzor Regional Municipality demanded in its court claim to annul the decision No. 88 of Jermuk Community Aldermen’s Council on declaring Jermuk Community as an ecological and economic area and banning metallic mining in the community dated on 18.12.2018 and decision No. 45 of Yeghegnadzor Community Aldermen’s Council on declaring Yeghegnadzor Community as an ecological and economic area and banning metallic mining in the community dated on 23.05.2019.
In both cases, the Administrative Court returned Regional Municipality claims stating: “The disputed legal act is not of a normative nature, as its warrant is personalized, referring to a certain number of identified persons and the community. ... The lawfulness of a decision cannot be the subject of consideration under the rules of Chapter 26 of RA Administrative Procedure Code with special proceedings to litigate the lawfulness of normative legal acts. That is to say, the applicant has chosen an inappropriate procedural way to call upon to Court.”
Where the Appeal Court found that the litigated decisions of Jermuk and Yeghegnadzor Aldermen's Councils lay down rules of behavior, which impact or will impact certain legal relations established/to be established between the community and other people, which conditions the normative nature of the litigated decision.
The Appeal Court found the substantiations lodged by Vayots Dzor Regional Municipality in its appeals as substantial and ruled to overturn the rulings of RA Administrative Court on returning the cases in court cases ՎԴ/9570/05/19 and ՎԴ/9439/05/19.
In its turn, Yeghegnadzor Community Aldermen's Council made an appeal to RA Cassation Court to have the ruling of Appeal Court on Administrative Matters annulled.
March 17, 2020 at 19:40