IMPOSSIBILITY OF PARTICIPATION IN PROCEEDINGS: SOME PRACTICAL KEY ISSUES

Abstract

In the article, the procedural regulations concerning recusal, self-recusal, and exemption from participation in proceedings, as provided in the currently effective Criminal Procedure Code of the Republic of Armenia, which entered into force on 1 July 2022, as well as the practical problems existing in practice in relation thereto, have become the subject of scientific and practical analysis. In particular, the procedural procedures for terminating participation in proceedings, the subject composition, and the distinguishing features of the grounds have become the subject of detailed analysis. The relevant case law of the European Court of Human Rights and the judicial practice formed by the Court of Cassation of the Republic of Armenia in relation to certain practical issues are presented. The grounds for declaring recusal of a judge and the various interpretations existing in practice in relation thereto have become the subject of separate discussion. Special reference is made to the procedure for resolving the issue of recusal (self-recusal) or exemption from participation in proceedings. In this regard, various approaches already formed in practice in relation to certain regulations, as well as their possible solutions, are presented. In particular, with regard to this latter issue, the question of the subject authorized to decide on exemption from participation in proceedings, when it concerns judicial guarantees proceedings carried out at the pre-trial stage, has become the subject of detailed discussion and analysis.