Judgment Reviews Law at Armenia
In Armenia, judgment reviews and appeals are governed by several legal frameworks, primarily through the Constitution of Armenia, the Civil Procedure Code, the Criminal Procedure Code, and other related laws. These laws provide mechanisms for individuals to challenge judicial decisions and seek review. Below is an overview of the judgment review process in Armenia:
1. Constitutional Provisions
The Constitution of Armenia (adopted in 1995, with amendments) guarantees the right to a fair trial, which includes the right to challenge judicial decisions and seek judicial review.
Article 6 of the Constitution guarantees the right to appeal to higher courts, and it ensures that everyone has the right to challenge decisions by courts of first instance or other authorities that have a judicial function.
2. Civil Procedure Code
The Civil Procedure Code of Armenia governs the procedures for civil matters, including judgment reviews in civil cases. It provides mechanisms for the review of court decisions in the following ways:
Appeal Process:
Appeal to Appellate Court: Parties dissatisfied with a first-instance decision can file an appeal to an Appellate Court. The appeal must generally be filed within a specific time period (usually 30 days from the date of the judgment).
Grounds for Appeal: Appeals can be based on errors in law or fact, new evidence, or violations of procedural rules.
Cassation Review:
Cassation is a higher-level review available under the Court of Cassation, which is Armenia's highest judicial body in the civil court system. If an appellate decision is contested, an individual can file a cassation appeal to this court.
Grounds for Cassation: This is typically available if a lower court has incorrectly applied the law or if a judgment violates the legal rights of the party involved.
Time Limits: Generally, cassation appeals must be filed within 30 days from the date of the appellate decision.
3. Criminal Procedure Code
The Criminal Procedure Code of Armenia provides guidelines for challenging judgments in criminal cases. Like the Civil Procedure Code, the system includes appeals and cassation:
Appeal Process:
Defendants or victims may challenge decisions made by lower courts through an appeal to the Appellate Court. This process can be initiated if there is a belief that there was a misinterpretation of law or a factual error in the trial.
Cassation Review:
After an appellate decision, the Court of Cassation can also review cases if the appeal decision is contested.
Conditions for Cassation: For the cassation process, the case must meet specific legal conditions, such as violations of criminal procedure laws or breaches in the application of the law.
Pardon or Clemency:
In criminal cases, the President of Armenia also has the authority to grant pardons or reduce sentences, though this is an executive power and not part of judicial review.
4. Judgment Review Mechanisms
Armenia's legal system provides a few mechanisms for the review of judgments:
1. Ordinary Review:
Appeal: In both civil and criminal matters, the appeal process allows individuals to contest a lower court's judgment before a higher court, typically an Appellate Court.
Cassation: If an individual is dissatisfied with the appellate court's decision, they can appeal to the Court of Cassation, which will review the case based on legal issues.
2. Extraordinary Review:
Review by the Court of Cassation: The Court of Cassation has the power to review judgments made by the Appellate Court in exceptional cases, particularly where there are significant legal errors or violations of the law that could impact the fairness of the trial.
3. Supervisory Review:
The Supervisory Review mechanism allows for the review of judgments even after they have become final. This is based on concerns of major legal errors or issues that significantly affect the fairness of the trial. However, this procedure is rare and typically only used in extraordinary circumstances.
5. Human Rights and the European Court of Human Rights (ECHR)
Armenia is a signatory to the European Convention on Human Rights (ECHR), and individuals who believe that their right to a fair trial or other human rights have been violated by Armenian courts can appeal to the European Court of Human Rights (ECHR).
ECHR Appeals: If someone exhausts all national legal remedies (e.g., appeal, cassation), they may bring the case to the ECHR if they believe their rights under the Convention have been violated.
6. Judgment Review in Administrative Cases
For administrative disputes, the review of decisions is governed by the Administrative Procedure Code of Armenia. This law allows individuals to contest administrative actions or decisions, such as those made by state bodies, through the courts.
Appeals in Administrative Cases:
Individuals can appeal administrative decisions in the Administrative Court and further to the Administrative Appeals Court and Court of Cassation if necessary.
7. Special Mechanisms for Constitutional Court
If a party believes that a legal provision or court ruling violates the Constitution, they may challenge it before the Constitutional Court of Armenia. The Constitutional Court has the authority to review laws and judgments that are argued to be unconstitutional.
Constitutional Review:
Individuals, the President of Armenia, the National Assembly, or the courts themselves may refer a legal matter to the Constitutional Court for review.
8. Impact of Judicial Reforms
Armenia has undergone significant judicial reforms over the last decade, including:
Strengthening the independence of the judiciary.
Improving access to appeal and review processes.
Expanding public access to judicial decisions and increasing transparency.
These reforms aim to ensure fairer judicial processes, including better avenues for challenging judgments.
9. Conclusion
Armenia’s judgment review process includes:
Appeal to the Appellate Court.
Cassation review by the Court of Cassation.
Extraordinary and Supervisory reviews in exceptional cases.
Administrative and Constitutional Court reviews for specific cases.
While these processes are designed to allow for the correction of legal errors and the protection of individual rights, the effectiveness and access to these mechanisms can depend on the individual case, political circumstances, and ongoing reforms within Armenia’s legal system.
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