HENRIK KHUNDKARYAN

Assistant to the Judge of the Court of Cassation of the Republic of Armenia,

Lecturer at the Chair of Civil Procedure of Yerevan State University

DOI: https://doi.org/10.59546/18290744‑2026.1‑3‑95

Annotation.

The subject of this scientific article is the issue of dismissal from a state administrative position without justification and the effectiveness of judicial protection of disputes related to dismissal from a state administrative position in the context of the amendments made to the RA Civil Procedure Code. This article addresses the requirement for mandatory indication of the legal and factual grounds of individual legal acts on dismissal from public service and the ratio of unlimited discretion of state bodies or relevant officials in these relations, taking into account both domestic legislation and international legal standards.

Special attention was paid to the positions expressed in the decision of the RA Constitutional Court No. SDO 1716 dated 27.02.2024, according to which the basis for appointment to an administrative position and dismissal from an administrative position is considered to be the unlimited discretion of the competent body. Meanwhile, an attempt was made in the work to substantiate that such an approach contradicts the imperative requirements provided for by the RA Civil Procedure Code and the RA Law “On Public Service” and jeopardizes the effectiveness of judicial protection of public servants.

Taking into account the above, we find that in disputes regarding dismissal from an administrative position, the combined and clear formulation of the legal and factual bases of an individual legal act is a necessary prerequisite for both ensuring the employee’s right to a fair trial and for dismissal from public service to comply with the regulations provided for in the RA Law “On Public Service”.

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