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 the director of the Law School Ara Zohrabyan.
– In your opinion, what is the objective for implementing such changes?
– I think this draft is not a draft which is developed at the level of the Ministry, but is made by an organization subordinated to the Ministry. At this stage, it is a very raw draft. Officially, any change in the law is proposed as a reform.
– 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?
– Since 2019 and at present, with the support of the European Union and the Council of Europe, a regional program “Strengthening the profession of lawyer in line with European standards” is being implemented, which studies the legislation and issues related to advocacy in Armenia, Georgia, Ukraine, Moldova and Belarus. There are quite in-depth discussions and comparisons, the result of which I think will be useful. There is a need for some changes in the current law, but not to the extent and in the directions provided by the structure under the Ministry of Justice.
– One of the proposals for changes refers to the possibility that the Public Defender’s Office will be able to organize public protection of persons through other persons who are not public defenders. Will the change be appropriate?
– Only in terms of coubcelling, I think it will not be a problem, but in terms of judicial representation in civil cases or defense in criminal cases, it is inadmissible. Only a licensed attorney can handle these cases. It turns out that the person is insolvent, that is why the state offers people who are not lawyers to save the public money.
The Constitution has a different opinion about quality legal aid and the entity providing it. A few years ago, the Chamber of Advocates proposed the creation of another platform in the Public Defender’s Office, which would involve non-Public Defender advocates and conduct cases at a pre-announced affordable price with the help of a special fund. For example, if it is decided that the cost of representation in the alimony case is 40,000 AMD, then if the lawyer is ready to take the case, with certain simplified and fair procedures, he will be able to accept the case. This case will be free for the citizen. If this mechanism is activated, the Public Defender’s Office will also be relieved.
– Mr. Zohrabyan, which of the other changes proposed by the Ministry of Justice are problematic and what are the risks on the way to their implementation?
– A working group has been set up between the Ministry of Justice and the Chamber of Advocates. It would be good to talk about the risks after seeing the result of the group working together.
– How do the advocates perceive the proposed changes? Do you associate them with the results of the recent election of the Chairman of the Chamber?
– Concerns have been raised by lawyers, but time will show.
Meri Mnoyan
