՞The Civil Procedure Code has more problems than the Civil Code,” tinks the Director General of “ELL PARTNERSHIP” Law Firm, Lecturer at the YSU, PhD Taron Simonyan. He was in the working group on changes of the code during the last years in office of the Former Minister of Justice Hrayr Tovmasyan. According to Mr. Simonyna, the former Deputy Minister of Justice Aram Orbelyan, who currently is the senior partner of “Concern-Dialogue” Law Firm, was concerned with changes in the mentioned Code. After the changes of the Minister and his team, the activities were frozen and the problems of the Code still remain unsolved.
“The Civil Procedure Code is very small in volume, has few provisions are and there is a huge scope of relations, which are open, and are not regulated,” Mr. Simonyan mentioned and brought an example, “In the main requirements for submission of a claim the Code states that all the evidences shall be attached to the claim and then it may be submitted. Can you imagine all the evidences of the civil trial attached, there may be acase wre 100 volumes of evidences should be submitted, and if for example one of these 100 volumes is missing, it will be a basis to return the claim. Definitely, the judges do not act so in legal practice, but at the same time it turns out that they are not guided by the literal interpretation of the Code.՞
Mr. Simonyan also said, “The lawyers have conducted a really enormous work in this sphere to develop the civil procedure process, but the legal grounds for them are few, in many cases in order to advance a requirement they take an advantage of the legal gaps, or the judges also use these gaps in order to make a favorable judgment for himself, which cannot be said for example about the Criminal procedure Code, or the Administrative Procedure Code. The working group we more deeply regulated the sphere and provided more detailed solutions to the problems.”
