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.