RA CONSTITUTIONAL COURT RECOGNIZES ONE OF RA CIVIL PROCEDURE CODE’S ARTICLES ON RETURN OF CASSATION COMPLAINTS AS NOT CORRESPONDING TO CONSTITUTION

Noyan Tapan
Apr 09 2007

YEREVAN, APRIL 9, NOYAN TAPAN. The RA Constitutional Court recognized
Article 231.1 Point 2 of the RA Civil Procedure Code (edition of
July 7, 2006) regarding the return of cassation compaliants as
not corresponding to the RA Constitution. Due to not envisaging
a mandatory condition for motivating a decision on returning the
cassation complaint, therefore due to not ensuring real guarantees
of efficiency and sufficient access to justice, the above mentioned
article was recognized as contradicting the requirements of
constitutional articles and as invalid.

To recap, the case was examined by the RA Constitutional Court based
on 27 applications of 33 citizens.

From: Emil Lazarian | Ararat NewsPress