THE DECISION ON APPROVAL OF UNILATERAL DECLARATION OR FRIENDLY SETTLEMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS AS A GROUND FOR EXCEPTIONAL REVIEW WITH A NEW CIRCUMSTANCE IN THE RA CRIMINAL PROCEDURE

Authors

  • Arnold Vardanyan Cassation Court of the RA
  • Armen Hovhannisyan MINISTRY OF JUSTICE OF THE REPUBLIC OF ARMENIA

Keywords:

unilateral declaration, friendly settlement, European Court of Human Rights, new circumstance

Abstract

In the submitted article, the authors discussed the conceptual issues of cosideration the decision on approval of unilateral declaration or friendly settlement of the European Court of Human Rights as a ground for exceptional review with a new circumstance in the RA Criminal Procedure. Based on the researches of the relevant international standards and practice of other states, the authors concluded that, as an opportunity to ensure restitutio in integrum, the ruling of the European Court of Human Rights on the approval of a unilateral statement or friendly settlement, which is the result of the state's recognition of the fact of violation of a person's right provided for in an international treaty of the Republic of Armenia, should in any case be considered in a criminal legal proceedings of the Republic of Armenia as a basis for an exceptional review on a new circumstance.

Author Biographies

Arnold Vardanyan, Cassation Court of the RA

Expert at the Cassation Court of the RA,

Candidate of Legal Sciences

Armen Hovhannisyan, MINISTRY OF JUSTICE OF THE REPUBLIC OF ARMENIA

Deputy Minister of Justice of the RA,

Candidate of Legal Sciences, Docent

Published

2021-10-08

Issue

Section

Articles