HENRIK KHUNDKARYAN

Assistant to the Judge of the Court of Cassation of the RA,

Lecturer at the Chair of Civil Procedure of Yerevan State University,

PhD Student at the Chair of Civil Procedure, Faculty of Law, Yerevan State University

DOI: https://doi.org/10.59546/18290744-2025.1-3-33

Annotation.

Legal relations arising in connection with entering, performing or dismissing public service have a dual status. For this reason, it is problematic to clarify the subject matter jurisdiction of disputes arising within the framework of these relations, as well as the nature of individual legal acts adopted within the framework of these relations.

The relevance of the topic is justified by the fact that by virtue of the Laws HO-220-N and HO-222-N of 02.05.2024 “On Amendments and Supplements to the Administrative Procedure Code of the Republic of Armenia” and “On Amendments and Supplements to the Civil Procedure Code of the Republic of Armenia”, disputes related to entering, performing or dismissing public service are no longer within the jurisdiction of the Administrative Court of the Republic of Armenia, and their examination is carried out within the framework of special claim proceedings provided for by the Civil Procedure Code of the Republic of Armenia. Meanwhile, as a result of the work done, the fact that legal relations arising in connection with entering, performing or being dismissed from public service are of a public nature has been substantiated, as well as the need to reserve the examination of disputes related to entering, performing or being dismissed from public service to the jurisdiction of the administrative court, and the fact that in some cases the relevant individual legal acts constitute an administrative act. Taking into account the fact that not all individual legal acts in the public service sector are considered administrative acts, it is necessary to introduce special proceedings in the RA Administrative Procedure Code for disputes related to entering, performing or being dismissed from public service, which will provide an opportunity to ensure the right of individuals to judicial protection without focusing on the nature of the individual legal act interfering with the rights of a public servant.

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