Armenia’s Administrative Court has returned for correction a lawsuit accusing the My Step Foundation of violating restrictions on charity during the election period.
The Administrative Court returned the lawsuit filed by Daniel Ioannisyan and others regarding alleged violations of the ban on charity activities during the election period by the My Step Foundation.
The lawsuit was returned for revisions, Pastinfo reported.
The Union of Informed Citizens NGO, the Vanadzor Office of the Helsinki Citizens’ Assembly, and the Direct Democracy organization for strengthening democratic institutions filed a lawsuit with the Administrative Court against the My Step Foundation, demanding that the foundation be held administratively liable under Article 40.16, Part 1 of Armenia’s Code on Administrative Offenses.
Specifically, the article envisages liability for carrying out charitable activities during the election period.
The court stated that under Article 3, Part 2.1 of Armenia’s Administrative Procedure Code, political parties participating in elections, alliances, candidates for community head or council member positions, as well as NGOs carrying out election observation missions, may apply to the Administrative Court in cases provided by law.
In this case, the court found that in order to determine the plaintiffs’ right to apply for administrative liability and objectively resolve the issue of accepting the lawsuit, proper evidence confirming accreditation by the Central Electoral Commission for election observation activities must be submitted, including relevant decisions.
The court also addressed the issue of the defendant, noting that the lawsuit listed the My Step Foundation as the defendant, whereas administrative liability could apply to the executive director of the My Step charitable foundation, Anna Hakobyan. Accordingly, the court said Anna Hakobyan herself should be named as the defendant.
At the same time, the court noted that the lawsuit contained 15 separate claims directed against the same defendant but not interconnected.
“It should be noted that although the claims presented in the lawsuit are directed against the same defendant, they cannot be considered interconnected because they concern different situations (episodes) implying administrative liability, committed during different periods and potentially leading to different legal consequences, both substantive and procedural.
“At the same time, the court emphasizes that the lawsuit does not contain sufficient circumstances proving the interconnectedness of the submitted claims,” the decision stated.
If the errors identified in the lawsuit are corrected and the application is resubmitted within 15 days after receiving the court’s decision, the lawsuit will be considered accepted as of the date of its original submission.
Earlier, the Independent Observer initiative reported concerns regarding charitable activities carried out by the My Step Foundation, associated with the Civil Contract party and Prime Minister Nikol Pashinyan, despite the legislative ban in force during the election period. The initiative stated that it had appealed to the Administrative Court demanding that Anna Hakobyan be held liable in 15 separate episodes.
On April 27, Anna Hakobyan, executive director of the My Step Foundation, complained that the Independent Observer statement had violated her rights.
