REVOCATION OF INTERIM MEASURES IN ARMENIAN ADMINISTRATIVE PROCEEDINGS: DISRUPTED PROCEDURAL BALANCE AND THE MEANS OF RESTORING IT

Abstract

An interim measure (securing a claim) is a key institution safeguarding the right to effective judicial protection. At the same time, it must not be transformed into a punitive or coercive mechanism that undermines the procedural position of the party against whom it is ordered. It is, therefore, particularly important to determine which procedural instruments can prevent the unlawful imposition of an interim measure in administrative proceedings and, where such measure has already been granted, ensure its revocation, while preserving a fair procedural balance grounded in the principle of equality of arms.

Drawing on an analysis of relevant theoretical sources, legislation, and judicial practice, the article examines the development and legal nature of the institution of interim measures, identifies the conditions governing the lawfulness of its application, and considers the revocation of an interim measure as a procedural remedy for overcoming its unlawful imposition.

The authors put forward a number of scholarly and practical conclusions that may guide the further development of legislation and law-enforcement practice concerning the institution of interim measures, including its revocation.