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WILL COURT OF CASSATION GIVE UP ON HEAD OF SRC?
September 24 is a significant date. The SRC lost a case to the student
of law Sergey Grigoryan at the Court of Appeals. The student of law
imported a car, submitted the invoices to the SRC but the SRC did not
apply the transaction value method, valuating the car more expensive.
The Customs Service did not recognize the invoices, and the lawyer
was charged a higher customs fee. The lawyer did not give up and sued
the SRC. The Administrative Court ruled the case in favor of the SRC
on March 15.
Afterwards the Court of Appeals changed the verdict of the First
Instance Court. The Court of Appeals decided that the SRC must apply
the transaction value method and charge a 2000 dollars lower fee
than the fee charged by the customs officers last May. The Court of
Appeals has also voided the note of Arthur Afrikyan, the first deputy
head of the SRC.
The decision of the Court of Appeals gave a surprise to many, at least
because any act of justice is always a surprise in Armenia. In this
case, however, the court ruling is something significant because not
only Sergey Grigoryan encountered the arbitrary approach to customs
clearance of cars but also the majority of importers of cars to
Armenia who are not backed by someone influential in the government
or in the very SRC.
In Armenia the customs fee for cars is already too high. Plus the SRC
raises the fee up to the ceiling, ruling out every cheaper option. The
SRC does not believe in any import document and applies the market
value method. In other words, the SRC is arbitrary. And even if it
is possible by law, it actually turns out that the law enables the
SRC to be arbitrary.
And this is happening in a country where the government commits
to improvement of the business climate and fight on corruption and
patronage.
The staunch student of law did not just take a model step for the
protection of his rights but also a step that may have a systemic
importance for the future of the state.
If certainly the ruling system does not restore the immunity of the
SRC at the Court of Cassation. The decision of the Court of Appeals
will enter into force in a month, which the SRC can apply to the Court
of Cassation. Considering the coverage and deepness of this case, the
SRC will do that. And since the SRC and its head Gagik Khachatryan are
untouchable and they are allowed everything, the Court of Cassation
will not reassert state justice but will restore "systemic justice".
Gagik Khachatryan was not surrendered by the newly established but
idle Ethics Commission, dismissing Transparency International's
application. So now it is a surprise that the Court of Appeals gave
up on Gagik Khachatryan. However, there was confidence that the Court
of Cassation will rapidly liberate him from law.
Nevertheless, the Court of Cassation may have a burst of professional
jealousy and dignity. Moreover, currently the president of the Court
of Cassation Arman Mkrtumyan is rumored to leave his position soon,
and the government is dissatisfied. Mkrtumyan has a chance to leave
the society at least a little satisfied after he leaves his office.
And if he leaves before the SRC applies to the Court of Cassation,
the next president of the Court of Cassation will get a good start.
Hakob Badalyan 16:44 25/09/2013 Story from Lragir.am News:
http://www.lragir.am/index/eng/0/comments/view/30961
September 24 is a significant date. The SRC lost a case to the student
of law Sergey Grigoryan at the Court of Appeals. The student of law
imported a car, submitted the invoices to the SRC but the SRC did not
apply the transaction value method, valuating the car more expensive.
The Customs Service did not recognize the invoices, and the lawyer
was charged a higher customs fee. The lawyer did not give up and sued
the SRC. The Administrative Court ruled the case in favor of the SRC
on March 15.
Afterwards the Court of Appeals changed the verdict of the First
Instance Court. The Court of Appeals decided that the SRC must apply
the transaction value method and charge a 2000 dollars lower fee
than the fee charged by the customs officers last May. The Court of
Appeals has also voided the note of Arthur Afrikyan, the first deputy
head of the SRC.
The decision of the Court of Appeals gave a surprise to many, at least
because any act of justice is always a surprise in Armenia. In this
case, however, the court ruling is something significant because not
only Sergey Grigoryan encountered the arbitrary approach to customs
clearance of cars but also the majority of importers of cars to
Armenia who are not backed by someone influential in the government
or in the very SRC.
In Armenia the customs fee for cars is already too high. Plus the SRC
raises the fee up to the ceiling, ruling out every cheaper option. The
SRC does not believe in any import document and applies the market
value method. In other words, the SRC is arbitrary. And even if it
is possible by law, it actually turns out that the law enables the
SRC to be arbitrary.
And this is happening in a country where the government commits
to improvement of the business climate and fight on corruption and
patronage.
The staunch student of law did not just take a model step for the
protection of his rights but also a step that may have a systemic
importance for the future of the state.
If certainly the ruling system does not restore the immunity of the
SRC at the Court of Cassation. The decision of the Court of Appeals
will enter into force in a month, which the SRC can apply to the Court
of Cassation. Considering the coverage and deepness of this case, the
SRC will do that. And since the SRC and its head Gagik Khachatryan are
untouchable and they are allowed everything, the Court of Cassation
will not reassert state justice but will restore "systemic justice".
Gagik Khachatryan was not surrendered by the newly established but
idle Ethics Commission, dismissing Transparency International's
application. So now it is a surprise that the Court of Appeals gave
up on Gagik Khachatryan. However, there was confidence that the Court
of Cassation will rapidly liberate him from law.
Nevertheless, the Court of Cassation may have a burst of professional
jealousy and dignity. Moreover, currently the president of the Court
of Cassation Arman Mkrtumyan is rumored to leave his position soon,
and the government is dissatisfied. Mkrtumyan has a chance to leave
the society at least a little satisfied after he leaves his office.
And if he leaves before the SRC applies to the Court of Cassation,
the next president of the Court of Cassation will get a good start.
Hakob Badalyan 16:44 25/09/2013 Story from Lragir.am News:
http://www.lragir.am/index/eng/0/comments/view/30961