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OFFICIAL SHOULD PAY THE FINE
Arman Galoyan
Story from Lragir.am News:
http://www.lragir.am/engsrc/country24775.html
Published: 12:43:11 - 11/01/2012
Former judge Pargev Ohanyan, Candidate of Sciences in Law, thinks
those officials whose actions caused the given situation must pay
the compensations ruled by the European Court of Human Rights
In terms of legal relations, a citizen applies against the state and
not against the judges who dealt with their case. Consequently, the
state is to pay the compensation. But there are "regressive suits"
when the state can confiscate the money for the compensation from the
officials whose actions caused this situation and the state was harmed
as a result. For example, if the trolleybus runs over a citizen, the
citizen does not sue the driver but the trolley pool which pays the
compensation and then receives the money through a regressive suit
from the driver.
Is it possible to apply the regressive suit in Armenia?
If the mechanism were used against judges, it would make them vigilant
and make punishment unavoidable, which is not there now. Especially
if an official is not sure they will receive privileges in return
for certain services.
Arman Galoyan
Story from Lragir.am News:
http://www.lragir.am/engsrc/country24775.html
Published: 12:43:11 - 11/01/2012
Former judge Pargev Ohanyan, Candidate of Sciences in Law, thinks
those officials whose actions caused the given situation must pay
the compensations ruled by the European Court of Human Rights
In terms of legal relations, a citizen applies against the state and
not against the judges who dealt with their case. Consequently, the
state is to pay the compensation. But there are "regressive suits"
when the state can confiscate the money for the compensation from the
officials whose actions caused this situation and the state was harmed
as a result. For example, if the trolleybus runs over a citizen, the
citizen does not sue the driver but the trolley pool which pays the
compensation and then receives the money through a regressive suit
from the driver.
Is it possible to apply the regressive suit in Armenia?
If the mechanism were used against judges, it would make them vigilant
and make punishment unavoidable, which is not there now. Especially
if an official is not sure they will receive privileges in return
for certain services.