Construction is a process during which various issues and problems may arise both in the documentation stage and in the actual implementation. From the very beginning, it goes through different stages, the main goal of which is to protect the rights of natural and legal persons during and after construction, and to prevent possible violations.
The legislation of the Republic of Armenia provides the possibility of judicial protection for natural and legal persons from construction projects that may pose risks, including the suspension of a construction permit during judicial review.
It is undeniable that the suspension of a construction permit carries potential and real risks of damage for the builder. However, in disputes related to construction, it is common for the lawsuit submitted to the court to be accompanied by a motion to suspend the construction permit, with all its consequences.
In a recent case, the Administrative Court of the Republic of Armenia granted the Plaintiff’s motion and suspended the construction permit. An appeal was filed against this decision by attorney Gurgen Nersisyan, and the Appellate Administrative Court granted the appeal, annulling the contested decision of the Administrative Court.
Judge A. Harutyunyan of the Appellate Administrative Court made several important notes in this decision, which will be used in another similar case when appealing to the Court of Cassation against the appellate court’s decision to reject a similar appeal.
It is hoped that the forthcoming act of the Court of Cassation and the interpretation of Article 83 of the Administrative Procedure Code of the Republic of Armenia will eliminate the contradictory approaches that have developed in judicial practice.
