MARIAM MANUKYAN

Master of Law,

Member of the RA Chamber of Advocates, Advocate

DOI: https://doi.org/10.59546/18290744-2024.1-3-35

 Annotation.

Within the framework of scientific research, it was studied whether the discretion of the RA Civil Appellate Court is absolute in the selection of powers, if, taking into account the factual circumstances of the case, it is possible (there is a legal possibility) to choose specific powers, and also the RA Civil Appellate Court should not have a legal obligation to motivate/justify the choice of any of their powers, or does the RA Civil Court of Appeal currently have such a legal obligation? The relevance of the research is determined by the developing legal practice (the decision of the Court of Appeal dated 18.03.22 within the framework of the civil case No. SND/0050/02/20 and the decision of the Court of Appeal dated 31.10.22 in the civil case No. ED/19766/02/18) and the Court of Appeal with the diversity of powers and the complexity of their content.

The main goals of this work are:

• as a result of the legal analysis, highlight the criteria for the selection of powers of the RA Court of Appeals and their peculiarities,

• Conduct a legal analysis, identifying the duty of the Court of Appeals to justify its choice of authority, on the basis of which the judicial act will be subject to appeal.

• Presentation of broad and narrow interpretations of specific articles of RA Legislation, their identification and justification.

• Raising and justifying comments aimed at overcoming legal uncertainty,

• Submission of recommendations aimed at securing the rights of a person to a case investigation and a fair trial within a reasonable period of time.

Problems of the scientific paper answered the following questions:

1. Is the discretion of the Court of Appeals of the Republic of Armenia absolute in the matter of the selection of powers defined by the Civil Procedure Code of the Republic of Armenia, in the event that a specific power may be applied (there is a legal possibility) in the context of the factual circumstances of the case?

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?

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