Sergey Marabyan, a former judge of the Court of Cassation, now an advocate, made a speech at the conference on “Problems of Protecting the Rights of Advocates and strengthening the Rule of Law in the Conditions of Modern Challenges” held on 25 April at the Chamber of Advocates.
He mentioned in his speech that it is a very responsible moment, because he has to give a public speech for the first time as an advocate.
Referring to the status of advocacy in Armenia and its relationship with the state, he noted that the advocacy institute has a long history of development, advocacy has become one of the important indicators of the maturity or democracy of this or that state and society.
He noted that in Mkhitar Gosh’s “Judgment Book”, which was considered a serious legal document for the given period, advocacy was not accepted from the point of view of justice, on the contrary, Gosh believed that justice should not be distorted through eloquent speech. “If we look at the concept of civil society, which gives its characteristic features in various theoretical interpretations, we understand that any civil institution has certain control functions over the activities of public authorities.”
According to him, the representatives of the state administration system often do not perceive advocacy from the point of view of public legal activity, but try to present it simply as a business activity. Here, the fundamental role of advocacy and the functions of a constitutional nature are being undermined.
The ideology of ensuring the supremacy of law and protecting human rights lies at the heart of legal activity. The idea of formation of the Advocacy Institute lies at the basis of the protection of human rights.
“As we know, constitutionally, the main guarantor of the protection of human rights and the responsibility of the rule of law rests on the shoulders of the judiciary. Having an independent court is not only an ideal that all states have historically strived for, but it is also a positive obligation of the state established by the Constitution today. Advocacy plays a very important role in having an independent court,” Marabyan said.
The candidate of legal sciences added that advocacy should be the important tool that should hold the court accountable to the public, force the court to respect the law and the right, and protect the rights of the person in the context of the rule of law.
Details in the video.