Russian Journal of Economics and Law (Dec 2014)
Civil-procedural issues of applying the grounds for unconditional and obligatory withdrawal of legal acts at the stage of appeal in the Republic of Armenia
Abstract
Objective: to analyze Art. 228 of the Civil-Procedural Code of the Republic of Armenia and to prove that this article, which establishes procedural irregularities, does not fully reflect the content of unconditional grounds for withdrawal of a legal act. Methods: the methodological basis of the research are methods of induction, deduction, analysis, synthesis, analogy, as well as specific professional methods: systemic-structural, comparative-legal. Results: The paper analyzes the legislation of the Republic of Armenia and foreign states regulating the appeal procedure of legal acts. On the basis of the analysis it was proposed to add to part 2 of Art. 228 of the Armenian Civil-Procedure Code an item providing the grounds for the unconditional withdrawal of the legal act, i.e. the adoption by the lower court 1) of an unmotivated legal act, or 2) the audio protocol of the court session and its brief computer recording do not coincide, and 3) if the protocol; of the court session was written with such significant deficiencies that do not give full opportunity to the court to verify the actions taken during the proceedings in the lower court. Scientific novelty: The article has developed and first introduced into scientific use the conceptual theoretical and legal provisions on the separation of the concepts of "the basis for the unconditional withdrawal of the legal act" and "the basis for obligatory withdrawal of a legal act". It was suggested to consider the concept of "basis for the unconditional cancellation" to be the error of justice, when regardless of its probable impact on the outcome or the correctness of the lower court’s decision, the appeal court mustwithdraw the appealed legal act. Practical value: The oretical principles formulated in the researchcan be used in scientific, legislative and law-enforcement activities, during the educational process of higher educational institutions of legal profile, when improving the qualification of practitioners and scientific-pedagogical personnel in the field of jurisprudence.
