In the name of Republic of Armenia

IN THE NAME OF REPUBLIC OF ARMENIA

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| 13:09:47 | 07-05-2005 | Politics |

Deputy representing the ARFD in the Armenian National Assembly Vostanik
Marukhyan considers that the clauses on court formation have undergone
long discussions and do not conflict with the international norms.

The coalition’s draft notes that the Constitutional Court, the Courts
of Common Law and First Instance, the Court of Appeal, the Court of
Cassations as well as other specialized courts provided by the law
are functioning in Armenia. The creation of extraordinary courts
like military tribunal is forbidden. The Administrative Court in
Marukhyan’s opinion can be referred to the category of “other courts”
and its formation can be determined by the law.

The independence of the courts is guaranteed by the Constitution and
laws, the authority of the court, the order of their formation and
activities are determined by the Constitution and laws as well. The
coalition’s draft as a matter of fact does not include the item on a
judge’s withdrawal. It is possible only in case the judge is charged
of a crime. “The norms of the withdrawal can be fixed in the law but
not in the Constitution”, Vostanik Marukhyan says.

In Arshak Sadoyans’ opinion not only the order of the court
formation but also the formation of the Council of Justice is very
important. “The composition of the Council and the independence of this
body are very important. In our draft the Council is independent while
the coalition makes it dependent. Nevertheless Arshak Sadoyan considers
that the Council should be appointed by Council of Judges. “The
council elects 9 judges and the NA -3. As for the present three-step
juridical system, in his opinion it should be preserved and in future
other courts can be formed”, he says.

According to the ULP as the President is the head of the state he
should be empowered to appoint and dismiss the judges. The ULP draft
also bans the formation of extraordinary courts.

Diana Markosyan

From: Emil Lazarian | Ararat NewsPress

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