On What Grounds Can You Appeal an Administrative Act in Armenia?

When state or local government bodies in Armenia make decisions (such as issuing a traffic fine), these actions can affect the rights and obligations of citizens and organizations. These decisions are called administrative acts. If you believe an administrative act is incorrect or violates your rights, you have the right to appeal it.

What is an Administrative Act?

According to Article 53 of the RA Law "On the Fundamentals of Administration and Administrative Proceedings," an administrative act is a decision, order, decree, or other individual legal act adopted by a state or local government body (e.g., a ministry, municipality, or the police) that establishes, amends, or terminates rights and duties for a specific person.

Grounds for Appeal

You can appeal an administrative act if it is:

Unlawful: According to Article 63 of the Law, an act is considered unlawful if it was adopted:

• In violation of the law (incorrect application or interpretation of the law).

• Based on false documents or information.

• In a situation involving a conflict of interest.

Null and Void: According to Article 62 of the Law, an act is null and void (meaning it has no legal force from the moment it was issued) if there are gross errors:

• It is unclear which authority issued the act.

• The act was issued by an unauthorized body.

• The act imposes a clearly unlawful obligation on you.

Procedural Rules Were Violated: For example, if you were not given the opportunity to be heard on the matter (Article 38 of the Law).

The Appeal Process

You can appeal an administrative act in two ways:

• Administrative Route: By applying to the body that issued the act or to its superior body. For instance, in the case of a traffic fine from the Armenian Traffic Police, you can appeal to a higher-ranking police official.

• Judicial Route: By filing a claim with the Administrative Court of the RA.

IMPORTANT: For traffic violations in Armenia, the law requires that you first appeal through the administrative route before you can go to court. Only after receiving an unsatisfactory response to your administrative appeal can you file a lawsuit.

Deadlines for Appeal

• Administrative Route: Within two months from the date the act comes into force.

• Judicial Route: Within two months from the date the act comes into force (if an administrative appeal is not mandatory) or after receiving the decision on your administrative appeal.

What Happens When You Appeal?

As a general rule, filing an administrative appeal suspends the execution of the contested act (e.g., the payment of a fine) until the appeal process is complete.

If you are unsure about the process, we recommend seeking assistance from a lawyer.