ArmInfo. Armenian President Armen Sarkissian decided to check the constitutionality of the Law" On Amendments and Additions to the Judicial Code of the Republic of Armenia", sent to him by the Parliament for signature on March 22 this year.
Thus, according to the press service of the President of the Republic of Armenia, on March 22 of this year, a legislative package on amendments and additions to the Judicial Code of the Republic of Armenia (hereinafter referred to as the Law) was received from the Parliament for the signature of the Head of State. It is recalled that the President of the Republic discussed the law with the Minister of Justice, the Chairman of the State Legal Commission of the National Assembly, and received their explanations. The law was also discussed with the Chairman of the Supreme Judicial Council, legal scholars, experts and lawyers, representatives of civil society, and their views and concerns were heard.
It is also emphasized that the head of state pays great attention to reforms in the judicial sphere, believes that they should be carried out systematically, on the basis of a clear strategy, within the framework of a common vision. "This vision and strategy should be based on a serious analysis of existing and really relevant problems, expert research and a serious analysis of international experience, to offer systematic logically interrelated solutions aimed at improving the efficiency of the judicial system, the effective exercise of the right to a fair trial, as well as the independence of judges and strengthening the guarantees of inviolability.
The decisions proposed by the law are situational in terms of significantly problematic legal certainty, proportionality, separation of powers, as well as compliance with constitutional principles and requirements for the independence of the judiciary.
On the basis of the above, summarizing the expert opinions, it can be concluded that the Law significantly contradicts the Constitution. In this regard, the President of the Republic decided to appeal to the Constitutional Court to determine the compliance of the above-mentioned Law with the Constitution, " the press service of the President of the Republic of Armenia noted.
On March 19, at an extraordinary session of the National Assembly, the draft law on amendments and additions to the RA Judicial Code with the attached package was adopted, proposed by the deputies of the faction V. Vardanyan, A. Karapetyan, A. Davtyan, V. Hovakimyan and S. Atomyan.
During the discussions, the leader of the opposition faction "Enlightened Armenia" Edmon Marukyan expressed his conviction that the judicial system is once again deteriorating with this bill. "I don't understand how you can support a bill that restricts the rights of a lawyer. On the one hand, the judge is limited, on the other-the SCC has the authority to consider the case. I think it would be good to withdraw the project, because it will cause problems, " he said.
It should be noted that the amendments initiated by the Ministry of Justice propose the creation of a specialized anti-corruption court. The court must consist of at least 25 judges, 20 of whom will consider cases of corruption crimes provided for in Annex 6 to the Criminal Code of the Republic of Armenia, and 5-cases arising from applications and claims submitted on the basis of the Law "On Confiscation of Property of Illegal Origin". The package of projects also proposes the creation of a specialized anti-corruption court of appeal, with at least 10 judges. According to the proposed amendments, the criminal chamber in the Court of Cassation will consist of 8 judges, and the civil and administrative chambers - 13 judges each. The projects set out the procedure for completing the anti-corruption specialization department, lists of candidates for judges of the anti-corruption court and for the anti-corruption specialization department, a list of candidates for judges to be promoted to the anti-Corruption Court of Appeal, as well as requirements and restrictions for appointment to the position of judge, and structures for checking the integrity of candidates for judges in all instances. In order to increase the overall integrity of the bodies involved in the anti-corruption institutional system, the package of projects proposes to establish a requirement for conducting a integrity study for candidates for prosecutors, which will help reduce corruption risks and strengthen integrity in the prosecutor's office system.