The re-opening of judicial proceedings in the Armenian law and practice following the judgments of the European court of human rights
DOI:
https://doi.org/10.46991/BYSU:C/2023.14.2.106Keywords:
Execution of ECtHR judgments, reopening of judicial cases, revision of judicial cases, legislation of reopening of judicial cases, practice of reopening of judicial cases, flaws in reopening legislation, practical issues of reopening of judicial casesAbstract
The Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the Convention) guarantees a number of rights and freedoms that the states that have ratified the Convention are obliged to respect in the territories under their jurisdiction. Regarding violations recorded by the European Court of Human Rights (hereinafter referred to as the ECtHR) created on the basis of the Convention, there is often a need to reopen judicial cases at the domestic level. The importance of this process lies in its central place in the execution system of the ECtHR’s judgments and in some cases is considered as the only way to restore the violated rights.
Within the framework of this article, the legislation and practice of the Republic of Armenia regarding the reopening of judicialcases following the judgments of the ECtHR were studied. In particular, the relevant legal regulations of RA criminal procedure, RA civil procedure, RA administrative procedure codes and other legal acts were analyzed. As a result of the comprehensive studies carried out in the article, the gaps, shortcomings and uncertainties of the RA legislation and practice in the discussed field were highlighted, and relevant recommendations were made to fill, eliminate or clarify them.
References
Recommendation was adopted by the Committee of Ministers on 19 and 21 January 2000 at its 694th Session.
Adopted in Rome on 4 Nov. 1950; entered into force on 3 Sept. 1953.
See, inter alia, the Court’s judgment in the Papamichalopoulos case against Greece of 31 October 1995, paragraph 34, Series A 330-B.
For more details on the decision of the ECtHR on a unilateral declaration or friendly settlement as a basis for reopening the case, see the decision of the Court of Cassation of October 19, 2021 on revising the ruling of the Chamber of Civil and Economic Affairs of the Court of Cassation of 07.04.2006.
Pursuant to the decision of the RA Constitutional Court CCD-1573 of 27.01.21, parаgraph 1 of Article 415 of Civil Procedure Code was recognized as contradicting Articles 61 and 75 of the RA Constitution and void to the extent that it precludes the review of judicial acts of the Court of Appeal which have entered into force, but are not subject to appeal upon new circumstances.
The decision of the Court of Cassation of November 7, 2019 on criminal case No. ECD/ 0190/06/08, the decision of the Court of Cassation of October 19, 2021, the decision of the Chamber of Civil and Economic Affairs of the Court of Cassation of 07.04.2006 on grounds for review under new circumstances, etc.
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