Each of the decisions of the CC can be called a doctoral thesis. Arsen Sardaryan said this in a conversation with "Pastinfo" in response to our question about what he considers to be the most competent judicial act in his legal practice in the past 2019. And he described the judicial acts made by the Court of Cassation as high-quality analyzes as a rule.
According to the lawyer, jurisprudence is a complex science and we should be proud of the CC and there are many precedent decisions that ensure the development of law, noting that the deputies of the National Assembly are not lawyers and, although they develop legislative projects, as a rule there are many legislative gaps. "The structure that listens to the parties, understands the problem and tries to regulate the norms, develop the law in the form of precedents, we are also developing," said the lawyer, noting that the role of the European Court is important, because it becomes a benchmark with its precedents. for the court and the Constitutional Court.
According to the lawyer, in terms of the development of law today, RA is on a good path and, if there are no drastic interventions, then we will have an excellent judicial system over the years.
When asked who is the best judge of the year and vice versa, Sardaryan, out of ethics, did not want to name names, but said that there was a "Best Judge" award ceremony before and he himself was awarded that award. "But it cannot be considered objectively, because at that time one of the criteria was the number of acquittals, and the other was the total number of completed cases. For example, 100 judges hearing criminal cases work with high qualifications, but one works in a marz where he examines 20 cases, and the other in a marz where he examines 180 cases. If I examined 200 cases and gave 10 acquittals, and he examined 20 cases and gave 4 acquittals.It is very difficult to evaluate. It is wrong to accept only excuses as a criterion. It is also important that the punishment is proportionate to the offense. Retraining is also important," Sardaryan said.
In addition, according to Sardaryan, the quality of the judge is also manifested in his ability to conduct a court session: "How he knows how to listen to the parties and observe the general order."
According to Sardaryan, there are judges whose work he admires. "It seems that they have faced very serious difficulties with these political developments, but they are ready to do justice at any cost until the last day. I don't want to say by name, because everyone knows who we are talking about. I hope that such judges will not leave the judicial system under any circumstances".
When asked what was the most special "arrest of the year" and "accusation of the year", Sardaryan did not want to discuss political issues, but mentioned that the arrest that made the biggest noise for the public was the arrest of Robert Kocharyan, and as for the legality or illegality of the arrest, the lawyer stated that he is not familiar with the materials of this case, he is neither his defender, nor was he a judge.
"We should hope that we will not become a country where it is a practice that the head of the former state must answer to the head of the new government. Usually, this phenomenon is more unique in developed countries, and in backward countries, these phenomena are mandatory," said the lawyer, stressing that he hopes that we will be able to achieve that the public and state interest is the priority for everyone and that no political force will move in any way. that with perseverance and internal ambitions.
"Let's hope that we will have a legal system for which there will be no difference in the current or previous political positions of a person, but there will be an objective examination in accordance with the letter of the Laws of the Republic of Armenia, the Criminal and Criminal Procedure Code," Arsen Sardaryan stressed.
To Pastinfo's New Year's question about what lawyer and former judge Arsen Sardaryan wants from Santa Claus for the judiciary, Arsen Sardaryan answered: "I would like Santa Claus to consult with professionals when carrying out reforms in the judiciary and only then make a decision. That's all."
Author: Isabel Sahakyan