Armenian
judicial system has undergone various reforms in recent years and currently
comprises four tiers:
·
First instance courts
·
Courts of Appeal
·
Court of Cassation
·
Constitutional Court
The
first tier is represented by two types of courts: courts of general
jurisdiction and the Administrative Court. The latter has jurisdiction
primarily over cases involving public authorities, including tax and customs
services, whether they act as respondents or plaintiffs.
Cases
not subject to the special administrative jurisdiction, including civil and
criminal cases, are tried by the courts of general jurisdiction, irrespective
of the amount involved.
The
second tier consists of three intermediate-level appellate courts: the Civil
Court of Appeals, the Criminal Court of Appeals and the Administrative Court of
Appeals. The former two adjudicate appeals against decisions of the courts of
general jurisdiction in civil and criminal cases respectively, while the latter
hears appeals brought against decisions of the Administrative Court.
The
Court of Cassation is the main court of last resort, which hears appeals for
cassation against decision of all three courts of appeal and is responsible for
ensuring the uniform interpretation and implementation of law by stating
legally binding precedents. It examines only matters of law and does not try
facts.
The
Constitutional Court is specifically charged with constitutional review and can
declare immediately ineffective acts of Parliament if they are not compatible
with the Constitution. A constitutional appeal can be brought only after all
other remedies are exhausted and only if violations
of constitutional rights are alleged.
Judges
use three procedural codes: the code of civil procedure, the code of criminal
procedure and the code of administrative procedure. Cases are adjudicated by
one judge in the first instance courts, by three judges in the courts of appeal
and by at least six judges in the Court of Cassation. There are nine seats on
the Constitutional Court.
There
are no jury trials in Armenia, and facts are tried by professional judges.
Proceedings are adversarial in nature, and the right to cross-examination in
guaranteed. However, judges are entitled, and sometimes required, to act of
their own motion in order to establish the truth. Proceedings are conducted in
Armenian language and, with several exceptions, are open to public.
Interpretations
of law by the Court of Cassation are legally binding upon lower courts.
Opinions and findings of lower courts are not binding but must be taken into
account as persuasive authority.
Provisions
on alternative dispute resolution are primarily contained in the Law on
Commercial Arbitration based on the UNCITRAL Model-Law and the Law on Financial
System Mediator aimed at protection of consumers of financial services.
Nerses
Isajanyan
Attorey
