MARIAM MANUKYAN
Master of Law,
Member of the RA Chamber of Advocates, Advocate
DOI: https://doi.org/10.59546/18290744-2025.7-9-51
Annotation.
Within the framework of the scientific research, an attempt is made to reveal the legal features and factual possibility of application of one of the powers of the RA Civil Court of Appeal - the power to establish a new fact or factual circumstance.
In particular, by discussing the issue of the legal possibility of the RA Civil Court of Appeal to establish any fact at its own discretion, regardless of the evidence examined by the court of first instance, or to establish any factual circumstance, regardless of the factual circumstances established by the court of first instance, if this arises from the interests of the efficiency of justice. We have attempted to present the scope of discretion of the RA Civil Court of Appeal (hereinafter also referred to as the Court of Appeal) in the choice of its powers.
The relevance of the research is conditioned by the developing legal practice, the diversity of the powers of the Court of Appeal and the complexity of their content.
The main goals of this work are:
• As a result of a systematic analysis, to identify the criteria for choosing the powers of the RA Court of Appeal and their features,
• Conduct a legal analysis, identifying the legal specifics and factual possibility of application of the authority to establish a new fact or factual circumstance,
• Analyze in detail the nature and content of the legislative formulations of the Court of Appeal’s determination of a new fact based on the evidence examined by the lower court or the determination of a fact established by the court as unestablished, as well as the factual circumstances established by the court of first instance.
• Presentation of broad and narrow interpretations of specific articles of the RA legislation, their disclosure and justification.
• Identification and justification of comments aimed at overcoming legal uncertainty.
Problems of the scientific paper answered the following questions:
1.Does the RA Civil Court of Appeal have the legal ability to establish any fact at its own discretion, regardless of the evidence examined by the court of first instance, or to establish any factual circumstance, regardless of the factual circumstances established by the court of first instance, if this arises from the interests of the efficiency of justice?
2. Shouldn’t the RA Court of Appeals have a legislative duty to justify the choice of its powers to be exercised as a result of the examination of the appeal filed against the judgment defined by the RA Civil Procedure Code and/ or does the RA Court of Appeals not currently have such a legislative duty?
