I assure that we will not be constrained if provisions unacceptable for the Chamber and the institute remain in that draft: Simon Babayan

The Ministry of Justice has developed a Draft Law “On Making Amendments and Addenda to the Law on Advocacy” within the framework of the strategic direction of the reform of advocacy sector. It has not yet been submitted for public discussion, but was sent to the Chamber of Advocates and all acting advocates for collection of preliminary opinions. Iravaban.net has started a series of interviews, which aims to present the observations and opinions of the advocacy community on the proposed changes.

We talked about the topic with Mr. Simon Babayan, the Chairman of the Chamber of Advocates.

– In your opinion, what is the objective for implementing such changes?

– First of all, I will try not to politicize all this, because the structure under the jurisdiction of Justice, which deals with legislative changes, had sent the draft to all the advocates known to them and was waiting for a response, including to the Chamber of Advocates. This is not a classic format of selected work. It is puzzling, but nevertheless it is an opportunity to discuss the vision presented to us, as well as our positions, our vision for the development of the institute of advocates.

A corresponding commission has been set up with the participation of the representatives of the Ministry and the representatives of the Chamber, the works are underway. As long as those works are not exhausted and we do not have a final draft at this stage, it is not correct to express an opinion at this moment, especially to express a negative opinion.

Of course, the draft that was presented to the Chamber had certain provisions, which are not acceptable for us, but those provisions have not been discussed, it is too early to talk about it.

– One of the proposed changes refers to the review of the role of the Board of the Chamber of Advocates and the Chairman of the Chamber in the executive management relations of the Chamber of Advocates, giving priority to collegial management. How do you feel about this proposed change?

– Of course, I cannot evaluate the proposed changes positively, but nevertheless, let us state the following: our opinion on it has not been voiced yet. I do not rule out the possibility that our observations will even be considered acceptable by the representatives of the ministry. If they are not considered acceptable, we will present all this objectively.

I assure that we will not be constrained if provisions unacceptable for the Chamber and the institute remain in that draft. I assure that the Chamber will not stay aside.

– Mr. Babayan, please point out which of the other changes proposed by the Ministry of Justice are problematic?

– Yes, of course there are. But those problematic proposals and points have not been discussed yet.

– How do the advocates perceive the proposed changes? Are there discussions? 

– It is still at the level of talks, we have not organized substantive discussions on the draft with the participation of a wide range of advocates. We will organize it when we have a specified draft.

When do you plan to start discussions both with the Ministry of Justice and the advocates?

– Discussions are already underway with the Ministry, a series of meetings is planned, and we will have discussions with advocates when the official draft is fixed.

Hasmik Sargsyan

Iravaban.net

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