National Assembly of the Republic of Armenia

12/05/2023 | News release | Distributed by Public on 12/05/2023 07:34

Issue of election of candidate for judge of judiciary of corruption crimes’ examination of Anti-Corruption Chamber of Court of Cassation

Issue of election of candidate for judge of judiciary of corruption crimes' examination of Anti-Corruption Chamber of Court of Cassation

The Supreme Judicial Council (SJC) proposed the candidacies of Sergey Marabyan, Rubik Mkhitaryan and Manvel Shahverdyan for electing in the vacancy of the judge of the judiciary of the corruption crimes' examination of the Anti-Corruption Chamber of the Court of Cassation: The issue was debated at the RA NA sitting on December 5.

The Chairman of the Supreme Judicial Council Karen Andreasyan briefly presented the biography and the working activity of nominated three candidates.

The deputy of the RA NA Civil Contract Faction Sargis Khandanyan, noting that the nominated two candidates have not come to the parliament, underlined that it is not a respectful attitude towards the institute. "It is how many times that during the judges' election that the candidates do not come to the National Assembly. I believe that the SJC and in general, the judicial power should make conclusions," Sargis Khandanyan noted. Karen Andreasyan apologized the parliament, and as an excuse noted that in recent period the SJC has very little competition for the positions of the Court of Cassation. "At the same time, this also resembles the political elections, when your name is already in the ballot paper, and you cannot replace. At the phase, when the candidates reject and don't come, the SJC and the judicial power are powerless for making any change, according to the current legislation," the SJC Chairman clarified.

As Karen Andreasyan presented, the candidate Rubik Mkhitaryan has recently had surgery, his health state has been deteriorated, and because of that he has not come. And the candidate Manvel Shahverdyan made a decision to continue his current work. The Candidate submitted an application with substantiations to the RA NA President.

Sergey Marabyan, presenting his professional activity, noted that there are numerous decisions that today are precedential importance in the Court of Cassation and in their design phase the candidate has actively participated or has been an author of the draft decision. "I believe that I can promote with my work the efficiency of the activity of the Court of Cassation. I distinctly imagine the activity of the Court of Cassation as a court of right, which is not only responsible for the same enforcement of the laws, but is also for developing the right in Armenia," the candidate mentioned, touching upon the revolutionary decisions he made on gender equality and domestic violence.

Answering the deputies' questions, the candidate spoke about the problem of ethics of the Judges' General Assembly and the activity of the Disciplinary Commission and the judges' discipline.

The Chair of the RA NA Standing Committee on State and Legal Affairs Vladimir Vardanyan, speaking in the parliament about regularly arising crisis related to the issue of the election of the judge of the Court of Cassation, stated that the existing constitutional solution is not the best solution. He underscored that the parliament should have an opportunity of electing, listening to the dandidates, receiving everybody's position and comparing them. "We elect the judicial power for lasting period. It is at least dishonest not to take part in the formation of the judiciary and then criticize," Vladimir Vardanyan noted.

In his speech the Head of the RA NA Civil Contract Faction Hayk Konjoryan, stated on behalf of the Faction with regret that the two candidates did not come to the parliament, stressed that election means to have an opportunity of alternative. Clearing the doubts on having 'favourite candidates,' Hayk Konjoryan underscored that there are no favourite candidates. According to him, the Civil Contract Faction is not led by the favourites' logic, and before this moment, the Faction has no decision in the candidate's election, especially when they have not listened to two out of three candidates. "We are sure that there are deserved people in the judiciary, whom the community has need to listen to. The system is a wonderful opportunity to approach the judicial power to the people. The basis of the judicial power is the people," the Head of the Faction said.