September 24, 2019 The Constitutional Court of RA ruled in favor of the appeal filed by attorney at law at Ilex Law firm Mr. Aram Khachatryan.
The Legal Assistance Division of the Legal Expertise Department of the National Assembly Staff was involved as a respondent to the case.
Aram Khachatryan was representing our client Sevak Hachi Hakobyan, whose legal defense rights were unreasonably restricted by the RA courts.
The Civil Court of Appeal of the Republic of Armenia applied the law in a manner that resulted in a violation of the right to a fair trial provided by the Constitution. And the Court of Cassation did not examine the case at all, returning it to the plaintiff.
The RA Constitutional Court reiterated that when applying to court a person should not be burdened with unnecessary formal requirements, legislative regulation may not create a disproportionate social burden for persons depending on their financial opportunities, as a result of lacking the right of access to court ... etc.
As a result, it was decided that the final judicial decision should be revised on the basis of a new circumstance, as the Articles of the Civil Procedure Code were applied to the applicant with a different interpretation from the constitutional and legal content mentioned in the decision.
