EXAMINATION OF CASES ON ISSUE OF CORRESPONDENCE TO<br /> CONSTITUTION OF REJECTION OF ACCEPTION OF CASSATION COMPLAINTS<br /> STARTS AT CONSTITUTIONAL COURT<br />


EXAMINATION OF CASES ON ISSUE OF CORRESPONDENCE TO
CONSTITUTION OF REJECTION OF ACCEPTION OF CASSATION COMPLAINTS
STARTS AT CONSTITUTIONAL COURT

  • 04-04-2007 15:40:00   | Armenia  |  Social
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.
  -   Social