The main reason for the procrastination of the court hearing on Amulsar mining project is the problem of recognizing environmental impact expert assessment as an administrative act. This issue is raised by Barrister on Amulsar case Hayk Alumyan, who presents in court the interests of 12 Gndevaz community residents, as well as those of “EcoRight” and “EcoDar” NGOs.
“Environmental impact expert assessment is an administrative act, though it’s called an expertise. Both administrative, and civil and criminal, and constitutional procedures acknowledge that expertise is a kind of proof. If we take the content and external impact as basis, it complies with the attributes of the administrative act. The expert opinion is drawn up by an administrative body, has external effects without any additional assessments. That is, if we say it’s a proof, this proof shall be assessed and only then have some kind of legal consequences. In case of an expert opinion, this document already raises legal consequences without being assessed by any body. I want to have the final solution to this problem what relates with Amulsar case, in order not to experience any problem later,” Barrister Hayk Alumyan presented his opinion in his interview with EcoLur.
Referring to the status of the expert opinion document, YSU Constitutional Law Chair Head Gevorg Danielyan, Dr. in Law, said, “The specialists of Nature Protection Ministry ask a question whether the expert opinion shall be considered as an administrative act or not and how it can be appealed. There is no answer to this question at all. The expert opinion shall be considered as an administrative act, and there is no matter for dispute here.”
It should be mentioned that RA Administrative Court the expert opinion on Teghout copper and molybdenum mining project considered to be an administrative act.
14:03 February 21, 2017