As a result of the adoption of the drafts solution was given to a number of problems arising in the civil and administrative proceedings, on one hand, reducing the cases of abuse of rights in judicial processes, on the other hand, ensuring the examination of cases in a reasonable period of time. The RA Acting Minister of Justice Armenuhi Sargsyan said, presenting for debate in the first reading the legislative package on Making Amendments and Addenda to the RA Civil Procedure Code and on Making Addenda and Amendments to the RA Administrative Procedure Code.
An opportunity is designed in the RA Civil Procedure Code to continue to continue the examination of the cases in case of the change of the judge included in the judicial staff. According to the current regulations, in case of the change of judge included in the judicial staff the examination of the cases obligatory starts from the beginning, resulting in again re-execution of all previously performed judicial actions. In the abovementioned situation through the regulation of the draft, the courts will have an opportunity either start the examination of the case from the beginning or continue it from the moment of interruption, as a result of which the cases of abuse of rights in judicial processes will be reduced.
It is proposed by the RA Civil Procedure Code to provide a framework for the parties to clarify the bases of self-rejection in a written procedure. In accordance with the current regulations, during the judicial sitting the court can disclose the bases of withdrawal to the parties and propose by its absence discuss the issue of ignoring the self-rejection. Nevertheless, the judicial process enters into deadlock, when at the court hearing the parties do not appear. To overcome such situations, it is proposed to define that in case of disclosing the self-rejection the court is obliged to take a note in the notification of the court hearing about that, which will give an opportunity the parties to be informed on the issue to be debated at the court hearing, But, if the parties, being notified, will not appear at the court hearing or do not submit a substantiated motion on postponing the court hearing, the court will have a opportunity to disclose the bases of the self-rejection in written form to the parties.
The draft also envisages to include a new kind of sanction, that is: restriction of the execution of right. In judicial proceedings the abuse of right is especially expressed by the regular presentation of the identical mediations, aiming at delaying the investigation of cases or disrupt court hearings. The proposing sanction will give an opportunity to the courts to effectively respond to such situations. The Deputy Chair of the NA Standing Committee on State and Legal Affairs Arusyak Julhakyan presented the endorsement of the Committee.
The legislative package was debated at NA October 23 sitting.