Improving the Efficiency of Administrative Justice, Amendments to the Civil and Civil Procedure Codes: Focus Group Discussion

Today, on 31 January, the  9th and 10th focus group discussions, on the 11th, 12th and 13th actions of the Action Plan stemming from the 2019-2023 Judicial and Legal Reform Strategy were held on the initiative of the Armenian Lawyers’ Association.

The first of the discussions was held with the participation of representatives of the state bodies – the Prosecutor General’s Office, the Ministry of Justice, the Academy of Justice, the Ministry of Finance, the Central Bank, and the Armenian Lawyers’ Association.

The second discussion was held with CSOs and representatives of the legal community.

Goal 11 of the Action Plan stemming from the Strategy envisages the reform of criminal and criminal procedure legislation. The strategic directions are:

  • Elimination of criminal subculture,
  • Introduction of system of alternative punishment,
  • Introduction of criminal liability of legal persons,
  • Reform of criminal procedure legislation
  • Introduction of alternative pre-trial restrictions
  • Plea bargaining and cooperation proceedings
  • Improving proceedings with involvement of minors and vulnerable persons;
  • Envisaging effective of mutual legal assistance regulation in criminal cases.

Goal 12 refers to the reform of civil and civil procedure legislation.

The strategic directions for this goal are:

  • Defining cases of compulsory mediation in civil proceedings and improving the procedure for appointing a mediator,
  • Reform of Civil Legislation; Review of the institute for returning the lawsuit,
  • Reform of the civil legislation,
  • Solution of issues recorded by the results of the inventory of issues having arisen in the law enforcement practice of civil procedure.

Goal 13 envisages increasing the efficiency of administrative justice and administrative proceeding.

It is stated that the principles of administrative proceedings, evidence, rules of distribution of the burden of proof, classification of lawsuits, additional decisions of the administrative court, the scope of appeal of administrative court decisions, the limits of appeal and cassation are envisaged. In addition, it is also provided:

  • Establishment an Administrative Chamber of the Court of Cassation,
  • Repealing the procedure of administrative proceedings with regard to disputing the decisions, actions and inactions of the administrative staff of penitentiary institution,
  • Improving notification procedures in administrative proceedings,
  • Applying written and simplified procedures in administrative proceedings,
  • Reviewing regulations related to the state duty,
  • Increasing the efficiency of the special administrative procedure proceedings,
  • Expanding the scope of administrative bodies and disputing their actions,
  • Increasing the efficiency of administrative act appeal through the administrative procedure,
  •  Improving the legislation relating to administrative offenses,
  • Reviewing the fines envisaged for administrative offenses.

Notably, a total of 8 similar discussions have already been held on 24, 25, 26 and 27 January.