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ARMENIAN FERRIS WHEEL
A1plus
| 13:10:53 | 07-05-2005 | Politics |
Though according to the acting Constitution our juridical power is
independent, the words "RA Minister of Justice" are inscribed on the
blanks issued by our courts.
Justice faction member Shavarsh Kocharyan considers that the process
of appointing judges should be exercised by juridical power. Certainly
there are cases when the President should put his signature but it
should be made in exclusive cases and bear formal character. The
Justice Council should be formed by independent juridical bodies
without interference of the executive power. In Shavarsh Kocharyan's
opinion the process of dismissing a judge should resemble legal
proceedings under the conditions of legal equality of the sides when
the judge has the right for defense. Moreover in some exceptional
cases the existence of an instance empowered to deal with the case
is essential. In Sh. Kocharyan's words, it can be the CC.
He considers that the institute of jury should be preserved though it
does not function in our republic due to some peculiarities. "Our state
is rather small while the institute of jury implies absolute neutrality
what is almost impossible in Armenia. Besides, the system is rather
expensive. However the cancellation of this clause is inadmissible. "If
we are not ready for it today, we can be ready for it tomorrow. Thus
we have no right to block this way by the Constitution", he says.
When commenting on the three-step juridical system functioning in
Armenia member of National Unity Gagik Kostandyan compared it the
with the Farris Wheel, "The first instance, then the second, then
the third and then again the first one. I do not what measures can
be undertaken to regulate the courts", he said.
Diana Markosyan
A1plus
| 13:10:53 | 07-05-2005 | Politics |
Though according to the acting Constitution our juridical power is
independent, the words "RA Minister of Justice" are inscribed on the
blanks issued by our courts.
Justice faction member Shavarsh Kocharyan considers that the process
of appointing judges should be exercised by juridical power. Certainly
there are cases when the President should put his signature but it
should be made in exclusive cases and bear formal character. The
Justice Council should be formed by independent juridical bodies
without interference of the executive power. In Shavarsh Kocharyan's
opinion the process of dismissing a judge should resemble legal
proceedings under the conditions of legal equality of the sides when
the judge has the right for defense. Moreover in some exceptional
cases the existence of an instance empowered to deal with the case
is essential. In Sh. Kocharyan's words, it can be the CC.
He considers that the institute of jury should be preserved though it
does not function in our republic due to some peculiarities. "Our state
is rather small while the institute of jury implies absolute neutrality
what is almost impossible in Armenia. Besides, the system is rather
expensive. However the cancellation of this clause is inadmissible. "If
we are not ready for it today, we can be ready for it tomorrow. Thus
we have no right to block this way by the Constitution", he says.
When commenting on the three-step juridical system functioning in
Armenia member of National Unity Gagik Kostandyan compared it the
with the Farris Wheel, "The first instance, then the second, then
the third and then again the first one. I do not what measures can
be undertaken to regulate the courts", he said.
Diana Markosyan