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EXAMINATION OF CASES ON ISSUE OF CORRESPONDENCE TO CONSTITUTION OF REJECTION OF ACCEPTION OF CASSATION COMPLAINTS STARTS AT CONSTITUTIONAL COURT
Noyan Tapan
Apr 04 2007
YEREVAN, APRIL 4, NOYAN TAPAN. Examination of 27 applications of 33
citizens started on April 3 at RA Constitutional Court. The applicants
litigate correspondence to the Constitution of articles regarding
order of bringing, return and acception of cassation complaints of
RA Civil Procedure Code.
The applicants consider that indefinite formulations included in those
articles do not permit citizens to completely protect their rights. In
particular, the criteria of the notion of "grave consequences" are not
mentioned and cassation complaints are mainly returned with the very
motivation of lack of grave consequences. For instance, in the words
of lawyer Ruzanna Ter-Vardanian, one of her clients lost a land plot,
but the Cassation Court did not consider this as a grave consequence.
It was also mentioned that the Code was amended on July 7, 2006,
but the cassation complaints introduced before were also returned
making the law retroactive.
Representative of respondent party, RA Acting Justice Minister David
Haroutiunian said that the respective laws of many European countries
also lack certainty. He also agreed that as a rule, cassation
complaints are returned. D. Haroutiunian said that a tendency of
replacing three-stage judicial system by a two-stage system is
noticed since the 70-s of the previous century in Europe. In his
words, the international experience shows that the third instance
accepts a case for examination in exclusive cases. The reason is that
there are many complaints and in case of examining all of them the
principle of implementing judicial examination in reasonable terms
is violated. For instance, in average the examination of civil cases
in Poland is seven years.
The examination of the case will continue on April 6.
Noyan Tapan
Apr 04 2007
YEREVAN, APRIL 4, NOYAN TAPAN. Examination of 27 applications of 33
citizens started on April 3 at RA Constitutional Court. The applicants
litigate correspondence to the Constitution of articles regarding
order of bringing, return and acception of cassation complaints of
RA Civil Procedure Code.
The applicants consider that indefinite formulations included in those
articles do not permit citizens to completely protect their rights. In
particular, the criteria of the notion of "grave consequences" are not
mentioned and cassation complaints are mainly returned with the very
motivation of lack of grave consequences. For instance, in the words
of lawyer Ruzanna Ter-Vardanian, one of her clients lost a land plot,
but the Cassation Court did not consider this as a grave consequence.
It was also mentioned that the Code was amended on July 7, 2006,
but the cassation complaints introduced before were also returned
making the law retroactive.
Representative of respondent party, RA Acting Justice Minister David
Haroutiunian said that the respective laws of many European countries
also lack certainty. He also agreed that as a rule, cassation
complaints are returned. D. Haroutiunian said that a tendency of
replacing three-stage judicial system by a two-stage system is
noticed since the 70-s of the previous century in Europe. In his
words, the international experience shows that the third instance
accepts a case for examination in exclusive cases. The reason is that
there are many complaints and in case of examining all of them the
principle of implementing judicial examination in reasonable terms
is violated. For instance, in average the examination of civil cases
in Poland is seven years.
The examination of the case will continue on April 6.