The general description of the judicial review in the new criminal procedure code of the Republic of Armenia

Gagik Ghazinyan

doi:10.21638/spbu14.2025.113

Авторы

Gagik Ghazinyan Yerevan State University https://orcid.org/0000-0001-8541-4672

DOI:

https://doi.org/10.21638/spbu14.2025.113

Аннотация

The article is dedicated to the general characteristics of the institution of judicial review in the new Criminal Procedure Code of the Republic of Armenia (RA). This Code entered into force on July 1, 2022. The relevant regulations of the new and former Criminal Procedure Codes of the Republic of Armenia, adopted on July 1, 1998, were subjected to a comparative legal analysis. The latest developments were outlined, and their necessity was presented. The new structures of judicial review and the need to incorporate them into the new RA Criminal Procedure Code were the subject of a detailed analysis. Alongside the new regulations, some theoretical and practical issues related to them were discussed. Particularly, the goals of each of the review structures, the relevant procedural regulations conditioned by them, have been made the subject of a detailed discussion, based on the constitutional status and mission of the courts conducting the review and the latest developments in this regard. The practical issues related to the legislative regulations of the grounds for cassation review have been thoroughly analyzed. One of the general conditions of judicial review such as the issue of the limits of review has been discussed, the powers of the court conducting the review in the case of a special review, and the issues of the judicial acts became legally binding have been highlighted.

Ключевые слова:

структура контроля, пересмотр, кассация, особый контроль, полномочия контроля, пределы пересмотра

Скачивания

Данные скачивания пока недоступны.

Библиографические ссылки

References

Bystrov, A. N. 2009. “Problems of ensuring uniformity in the interpretation of legal norms by courts of general jurisdiction and arbitration courts”. Obshchestvo i pravo 4: 37–41. (In Russian)

Ghazinyan, G., A. Danielyan. 2022. “The problem of the execution period of judicial acts made as a result of judicial control over pre-trial proceedings”. Petutyun ev iravunq 1 (92): 68–81. (In Armenian)

Grigoryan, V. 2014. “The nature of the power of the appellate civil court of the Republic of Armenia to overturn and modify the judgment of the court of general jurisdiction and problems related to the conditions necessary for the application”. Petutyun ev iravunq 3–4 (65–66): 113–124. (In Armenian)

Hovhannisyan, V. 2016. “Clarification of the constitutional-legal status of the Appellate court and problems of the boundaries of the objects of the appellate type in the civil procedure of the Republic of Armenia”. EPH iravagitowt’yan fakowlteti profesoradasaxosakan kazmi gitajhoghovi nyowt’eri jhoghovac’ow. Ed. by G. Ghazinyan, 167–185. Yerevan, Yerevan University Press. (In Armenian)

Shakiryanov, R. V. 2012. “Action of the procedural economy in civil procedure”. Vestnik grazhdanskogo processa 4: 46–67. (In Russian)

Skitovich, V. V., V. V. Sedelnik. 2014. “On the implementation of judicial precedent in the legal system of the Republic of Belarus”. Evraziiskaia advokatura 2 (9): 64–70. (In Russian)

Sujyan, T. 2017a. Cassation as a form of review of judicial acts in criminal proceedings RA. Yerevan, Yerevan University Press. (In Armenian)

Sujyan, T. 2017b. “Clarification of the functional role of appeal and cassation instances in the light of the new constitutional-legal status”. Banber Erevani hamalsarani: Iravagitutyun 2 (24): 56–66. (In Armenian)

Sujyan, T. 2021. “The power of cassation review to cancel the judicial act that does not resolve the case in essence in the context of the right to judicial review and the effectiveness of justice”. Petutyun ev iravunq 2 (90): 61–67. (In Armenian)

Vishnevsky, G. A. 2011. “Unity of judicial law enforcement as a way to ensure the rule of law”. Pravo. Zhurnal Vysshei shkoly ekonomiki 2: 8–15. (In Russian)

Yurevich, I. V. 2011. “The role of the Supreme Court of Ukraine in ensuring unity of legal understanding”. Problemy zakonnosti 116: 222–230. (In Russian)

Zweigert, K., H. Kotz. 2000. Introduction to Comparative Jurisprudence in Private Law. In 2 vols, vol. 1: Fundamentals. Rus. ed. Moscow, Mezhdunarodnye otnosheniia Publ. (In Russian)