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The members of the Board of the Chamber of Advocates meet the representative of the National Assembly

25.01.2018 14:37

Members of the Board of the Chamber of Advocates Ara Zohrabyan, Karen Mezhlumyan, Sedrak Asatryan, Karen Sardaryan and Tigran Khurshudyan have met Hrayr Tovmasyan, the Head of the Standing Committee on State and Legal Affairs and Protection of Human Rights of RA and have discussed the matters concerning the legal regulation envisioning imposition of fine on advocate by court defined by the “The Judicial Code of RA” constitutional law draft.

The members of the Board of the Chamber of Advocates brought their arguments and spoke about their concerns, particularly:

-In case of any change, there must be its need. Meanwhile, there is no need to restrain a lawyer's unconventional behavior through a fine, as today, there is a possibility of solving this issue via the Chamber of Advocates.

- The draft does not define the inadmissibility of applying a judicial sanction on the advocate if the latter acts in accordance with his professional standards

- According to the draft, the court’s decision about the imposition of a judicial fine comes into force from the moment it is made and the appeal does not stop its execution.

- the current Judicial Code of RA envisages the imposition of a judicial sanction for non-compliance with the legal order of the judge, whereas the term "legal" has been removed from the draft. This may be an additional problem if the judge decides that he can give any kind of order to the advocate, and in the case of non-compliance, impose a sanction on them.

- the presence of the Chamber of Advocates in the relationship between the court and the advocate is a guarantee that the dishonest judge will not constrain the freedom and independence of the advocate's professional activities.

Hrayr Tovmasyan, the Head of the Standing Committee on State and Legal Affairs and Protection of Human Rights of the National Assembly of RA, highlighting the role of advocacy in implementation of justice, assured to present the position of the representatives of the Chamber of Advocates to the other members of the Committee and to make it a subject of discussion.



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