JURIDICAL ACTS AND THEIR APPLICATIONS IN PRACTICE
Justice in Armenia is administered by courts. The acting three-degree court system and the legislation field stimulate so that a definite part of civil and administrative cases “travel” in various courts for years on along with their owners and representatives, whereas after the juridical act becomes effective… (it will be interpreted a bit later). Judicial delays also occur in European countries. For example, in Italy it lasted 25 years to finalize court hearings and pass a verdict in respect of one civil case (eviction from the apartment). The European Court also hears pending cases in violation of reasonable periods. The Republic of Armenia has all the opportunities in its territory and by the number of its population to examine the case within reasonable time by taking up a leading position and serving as an example for many countries. A number of verdicts passed by the European Court emphasize that by saying fair trial one ought to understand effective verdicts, all the more, if certain liabilities are imposed on the state authorized body under the judicial act. Kilikia Armenia Legislation (Code of Law), a legislation whose many provisions were applied later future in Europe, envisaged special provisions for the execution of verdicts promulgated by judges, whereas those who would avoid executing them would be sentenced to death. Perhaps a similar kind of punishment is very severe, but our ancestors believed that any judicial act passed by a judge was equal to any order issued by a king, which had its legal force and was not subject to appeal or discussion, which merely ought to be obeyed and executed. Today’s intergovernmental legislation also regards as a mandatory condition that effective judicial acts are to be expected in the whole territory of the Republic of Armenia. Also, non-execution thereof is viewed by the Legislation as a penal action, but… There are numerous cases when effective verdicts are executed according to the wish, desire and discretion of a certain official. There are also other cases when a high-ranking official with a technical education looking through the judicial act for a long time turns his look from his papers and makes a similar “meaningful” expression “I cannot execute this verdict since it is not accurately written”.
And this “unfortunate” verdict was obtained by a citizen or a legal entity after he or she went through a three-degree juridical system, particularly, the given verdict was passed around 11 hands. Such “funny” examples are numerous. Practical lawyers, attorneys face similar cases and faces on daily basis who provide free legal consultation to governmental officials the expense of their time and nerves. Unfortunately, there are numerous cases but I don’t remember a single case that a state official has ever been lawfully prosecuted so that another official will understand that if our ancestors used to be sentenced to death for non-execution of a juridical act, can at the very least be dismissed from work or some other disciplinary penalty can be imposed in accordance with the applicable legislation. What is more important is that since a state official fails to understand or is made to understand that it is due to taxes paid by a citizen or a legal entity that the salary of the latter is formed, he would treat a citizen and a legal entity at his discretion and as he wishes. |