This Approach Clearly Contradicts the Constitution: Human Rights Defender

The draft amendments to the Administrative Procedure Code introduced by the Ministry of Justice grossly violate individuals' rights enshrined in the Constitution. Human rights defender Tigran Keyan stated this on Facebook.

"The ministry's recent clarifications, aimed at refuting public concerns, actually reinforce the issues we have raised and highlight the dangerous essence of the project. The ministry tries to present that the payment of fines does not become a mandatory condition for filing a complaint; however, in its own clarifications, it admits that:

1. If the court rejects the motion for provisional measures, the administrative act will not be suspended, and the individual will have to pay the fine even during the contestation of its legality.
2. If the court examines the case and issues a decision in favor of the claimant, the fine amount can only be returned later, after the judicial process.
3. In other words, the individual is actually deprived of a key opportunity for the protection of their rights, being forced to first pay the fine and then fight to prove its legality.

This approach clearly contradicts the right to a fair trial enshrined in Article 61 of the Constitution and also violates fundamental guarantees of individuals' property and protection. Legislation must ensure that until the issue of the legality of the administrative act is definitively resolved in court, no coercion, including the demand for the payment of fines, can be applied. This draft cannot be considered in line with the principles of a legal state and must be immediately withdrawn,” he stated.