JUDGE IS DEPENDENT AND DEFENSELESS
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| 13:10:22 | 07-05-2005 | Politics |
“The sore spot of the juridical system is the problem of
independence not only of the executive bodies but also of all the
power branches. Presently the Ombudsman is trying to influence the
juridical independence”, judge of the Court of First Instance of
Erebuni and Nubarasehn communities Ara Kubanyan considers.
The judge proposes to create mechanisms, which would exclude any
interference. For this purpose the Union of Judges included Ara
Kubanyan in the group working out constitutional changes. The group
submitted to the NA the following suggestions: “The Articles 94
and 95 should be re-edited to transform the Justice Council into a
constitutional body, which takes corresponding decision.”
Kubaryan considers that to date a judge is defenseless and one of
the constitutional changes touches upon this problem: “The process
of dismissing judges, arrest or calling him administrative account
should be more complicated. In part, the corresponding decisions by
the Justice Council should be passed only on the basis of a resolution
handed down by a special commission of the Court of Cassations composed
of three members” To make the independence of a judge complete the
possibility to appeal the decision in the CC should be fixed in the
Constitution, Ara Kubaryan considers.
According to Kubaryan the three-step juridical system justifies
itself. Besides the Economic Court, he highlights the formation of
the Administrative court as it will ease the work of the Courts
of First Instance. The problems of administrative responsibility
referring to the state bodies and officials should be settled in
administrative order. Kubaryan also considers that there are cases
that demand consideration in the Court of First Instance by the
collective composition.
Victoria Abrahamyan