The human rights defender of the Republic of Armenia submitted a legal position (amicus brief) to the Constitutional Court based on the application of the human rights non-governmental organization "Agenda for the Rights of Persons with Disabilities" to the Constitutional Court. In relation to the case regarding determining the issue of compliance with the Constitution of Article 216.6, Part 3, Clause 1 of the RA Code of Administrative Procedure, accepted for review. The case refers to the fact that the contested provision was interpreted in legal practice, according to which a non-governmental organization can apply to the court for discrimination against persons with disabilities on the basis of disability. Regarding the protection of the rights to be protected only in the case when the person has already been recognized as a person with a disability as a result of the functional assessment, and is actually disabled, but still undergoing the functional assessment. Discrimination on the basis of disability cannot be shown against persons who have not passed or who are in the process. The human rights defender considered the issue in the context of the prohibition of discrimination, effective judicial protection and the rights to a fair trial. The defender emphasized that the right to be protected from discrimination on the basis of disability should not be limited only to those persons who have already been recognized as having a disability as a result of the assessment of functionality. In this regard, the Defender emphasized that the prohibition of discrimination provided for by the RA Constitution and the UN Convention on the Rights of Persons with Disabilities is not conditional on the person having undergone a functional assessment and having a number of With the formal circumstance of being recognized as a person with membership, the opposite approach contradicts the principle of prohibition of discrimination provided by Article 29 of the RA Constitution. In this regard, the position presented by the United Nations Committee on the Rights of Persons with Disabilities in a general comment that the scope of protection of discrimination on the basis of disability extends to � not only to persons with disabilities, but also to persons who previously had a disability, who are presumed or predicted to have a disability, and also to persons who are related to a disability � with the owner. At the same time, in the opinion of the Defender, the interpretation given in the framework of the court case is that if the person has not yet been recognized as a person with a disability by the administrative act adopted as a result of the assessment of functionality, but the latter is under At the stage of the primary evaluation of functionality, then he cannot be discriminated against on the basis of disability and, accordingly, that person does not have the right to be protected from discrimination on the basis of disability, because he is still disabled. A person with � is not considered, it is problematic not only from the point of view of the prohibition of discrimination provided by the Constitution, but also from the point of view of guaranteeing the right to effective judicial protection and a fair trial. Moreover, the issue of limiting the right to a fair trial and judicial protection is more prominent when it comes to the realization of the right to be protected from discrimination when it is related to a person with a disability. to the functionality evaluation process carried out for the purpose of comparison. As a result, the Defender of Human Rights concluded that the interpretation given in relation to Clause 1 of Part 3 of Article 216.6 of the Administrative Procedure Code of the Republic of Armenia is problematic in relation to the prohibition of discrimination provided by the Constitution, effective from the perspective of guaranteeing the right to judicial protection and a fair trial. The practice of submitting special opinions to the Constitutional Court is continuous.