ARM-2016-3-001
a) Armenia / b) Constitutional Court / c)
/ d) 04-10-2016 / e) DCC-1310 / f) On
the constitutional compliance of provisions of the Civil Procedure
Code / g) Tegekagir (Official
Gazette) / h) .
Keywords of the
Systematic Thesaurus:
|
Constitutional Justice - Procedure
- Parties - Locus standi. |
|
|
Fundamental Rights - Civil and
political rights - Procedural safeguards, rights of the defence
and fair trial - Access to courts. |
Keywords of the
alphabetical index:
Appeal, proceedings, third parties.
Headnotes:
A provision whereby only
the parties to the pro-ceedings (and in cases
concerning the protection of the interests of the state, the Prosecutor General
and his or her deputies) are entitled to appeal to the Court of Cassation
against a judicial act of a lower court was in conformity with the
Constitution; the list of persons authorised to submit
a cassation appeal prescribed by the provision was not exhaustive and did not
restrict the right of persons who were not party to the proceedings to appeal
against judgments of the Court of Appeal where these judgments concerned the
rights and responsibilities of the person in question.
Summary:
I. The applicant
challenged certain regulations of the Civil Procedure Code which stated that
persons participating in the proceedings have the right to appeal to the Court
of Cassation against a judicial act of a lower court, deciding on the merits of
the case.
An appeal by the
applicant (who was not involved in the case) against the court’s judgment was
returned by the Civil Court of Appeal on the basis that the appealed judgment
did not concern the applicant’s rights; the appeal had in effect been lodged by
a person who did not have the right to appeal a judicial act of lower court.
II. The Constitutional
Court declared that the provision described above was in conformity with the
Constitution; the list of persons authorised to
submit a cassation appeal prescribed by the appealed provision was not
exhaustive and did not restrict the right of persons who were not party to the
proceedings to submit cassation appeal against judgments of the Court of Appeal
where these judgments concerned the rights and responsibilities of the person
in question.
Armenian.