The Court of Appeal has violated the Requirements of the Minsk Convention: Cassation Decision

In 2017, the Court of General Jirisdiction of Shirak M<arz ruled to recognize and uphold the judgment of the 5th Garrison Military Court of the Russian Federation on the territory of the Republic of Armenia according to which the officer and his family were to be evicted from their residence as the latter was no longer in service at the base.

The court provided an enforcement writ on the basis of which enforcement proceedings were instituted in the Compulsory Enforcement Service.

However, Paitsar Kocharyan, the representative of the military-man notes that the foreign judicial act is not subject to recognition and enforcement in the Republic of Armenia and the court has admitted gross violations.

The Civil Court of Appeal, presided by Judge Levon Grigoryan, ruled to uphold the ruling of the Shirak District Court of First Instance of General Jurisdiction. Disagreeing with the reasons and conclusions of that decision, Paytsar Kocharyan appealed the decision to the Court of Cassation.

The appeal was upheld by the Court of Cassation, then upheld on the ground that there appears to be a fundamental violation of human rights and freedoms, and the Civil Court of Appeal allowed a violation of the requirements of the Minsk Convention.

The ruling is a precedent for all cases where disputes between civil law parties that have ratified the Minsk Convention on Real Estate in the Republic of Armenia are heard in foreign courts.

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