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ՀՀ ՍԱՀՄԱՆԱԴՐԱԿԱՆ ԴԱՏԱՐԱՆ. ՏԵՂԵԿԱԳԻՐ 1(122)2026

JURISDICTION OVER PUBLIC SERVICE LABOUR DISPUTES

MARC AZDARIDIS

Annotation

    The article is devoted to the issue of determining jurisdiction over labour disputes in the public service. In particular, the focus of this work is the legislative amendments made to the Administrative Procedure Code of the Republic of Armenia and the Civil Procedure Code of the Republic of Armenia, which entered into force on 1 January 2025, as a result of which all disputes related to public service, in connection with entering into it, exercising it and being released from it, have been reserved to the civil court of general jurisdiction and, accordingly, will henceforth be subject to resolution by civil proceedings. As a result, cases related to public service, which were once considered public legal relations and, as a result, were examined in the Administrative Court of the Republic of Armenia under administrative proceedings, with the application of all the special principles and procedures inherent to it, have now been transferred to a court specializing in the resolution of disputes arising from private legal relations. 

    Within the framework of the article, an attempt has been made to comprehensively examine the legislative changes that have taken place, with due attention to both the theoretical and practical aspects of the issue. As a result, the discussion addresses not only the legality of the amendments and their compliance with the principles of sector-specific legislation, but also their practical significance in the context of protecting the violated rights of public servants, relevant international best practices, and the amendments in the light of the Convention for the Protection of Human Rights and Fundamental Freedoms. The relevance of the selected topic is evidenced by the need for a comprehensive interpretation of the legislative amendments in question, including an analysis of the underlying motivations and actual consequences, as well as the absence of a unified position among experts regarding these amendments.

 

Keywords: public service, civil procedure, administrative procedure, jurisdiction, labour disputes.

DOI: https://10.59560/18291155-2026.1-154