ArmInfo. In connection with yesterday's call by Prime Minister Nikol Pashinyan to block all entrances and exits to the courts, the Armenian Chamber of Lawyers issued a statement calling for refraining from actions that could jeopardize the independence of the judiciary.
According to the press service of the Chamber of Lawyers, the statement reads, in particular: "The Chamber expresses its concern over the appeal of the Prime Minister, as if implemented, the requirements of the Constitution will be violated, as well as international treaties and laws of Armenia. "In particular, according to Article 4 of the Constitution of Armenia, state power is exercised in accordance with the Constitution and laws - on the basis of separation and balance of legislative, executive and judicial powers. According to Article 162 of the Constitution, in Armenia, only the courts carry out justice in accordance with the Constitution and laws and prohibits any interference in the activities of the courts ", - representatives of the Chamber emphasize.
Also, the 1st and 7th paragraphsof the "Basic Principles of Independent Judiciary" of the UN resolution are cited , according to which the independence of the judiciary is guaranteed by the state and approved by the Constitution or the laws of the country. "All state and other institutions are obliged to respect and support the independence of the judiciary. Each UN member state is obliged to create appropriate conditions, allowing the judiciary to properly fulfill its duties," the resolution notes. "In accordance with the third paragraph of Article 7 of the Judicial Code of Armenia, everyone has the right to exercise the right to judicial protection both through his representative or lawyer, and personally," the statement said.
Representatives of the Chamber of Lawyers also note that in the modern state of law (which is the Republic of Armenia), the mechanism operates on the principles of separation and balance of three independent branches of state power - executive, legislative and judicial. The structural separation of powers requires that the legislature and the executive branch should not interfere in the administration of justice. The Prime Minister is one of the branches of the state - the executive. Consequently, on the basis of an appeal by the Prime Minister, the actual obstruction of the work of the courts or the actual limitations of the judiciary endanger the independence of the judiciary.