ISSUES OF CLASSIFICATION OF THE TYPES OF ACTIONS IN THE ADMINISTRATIVE PROCEEDINGS OF THE REPUBLIC OF ARMENIA

Abstract

The correct choice of the type of action in the administrative proceedings of the RA is crucial in the context of the outcome of the case, the distribution of the burden of proof, and the effectiveness of judicial protection.

The purpose of this research is to reveal the legal nature of administrative actions and to identify scientific and practical issues by analyzing the peculiarities of administrative actions, studying the claims underlying them, and, accordingly, the main criteria for differentiating these types of actions in the context of existing problems.

As a result of the research, conditioned by the significance of the institute of types of actions and their impact on the realization of the right to effective judicial protection, it is proposed: to merge actions for performance and actions for obligation; to interpret the procedural restrictions on filing a declaratory action (action for recognition) through the substantive impossibility of filing another type of action and the ineffectiveness of other types of actions in the context of achieving the goal pursued by the plaintiff; to consider the submission of a claim for compensation for damages caused by improper administration to the court as a derivative claim to the main claim of recognizing the administration as unlawful; as well as to confirm the fact of recognizing an administrative act as void also by a judicial act rendered as a result of the examination of an action for annulment (action for challenging), regardless of the outcome of the examination of the claim.

In the context of the above, this research contributes to the clarification of the criteria for differentiating types of actions, as well as to the regulation of existing legislative gaps.