JURISDICTION OF THE RA CIVIL COURT OF APPEAL IN THE EXERCISE OF ITS POWERS PART 2. “CHARACTERISTICS AND CRITERIA OF ASSESSMENT OF JUDICIAL ACTS OF THE LOWER COURT AS DEFECTIVE OR WRONGLY REASONED OR BASED”
MARIAM MANUKYAN
Master of Law,
Member of the RA Chamber of Advocates, Advocate
DOI: https://doi.org/10.59546/18290744-2024.4-6-30
Annotation.
Within the framework of scientific research, an attempt is made to determine the existing criteria for assessing whether the judicial acts of the lower court are incomplete or unfounded or justified, and to propose new criteria that will be more targeted/relevant in each specific case.
And also in this context, to present the scope of discretion of the RA Civil Court of Appeal (hereinafter also the Court of Appeal) in the matter of choosing its powers and answer the following question: does the Court of Appeal have legislative duties and/or should not have them in terms of justifying the choice of its own powers.
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 by defining the existing criteria for assessing whether the judicial acts of the lower court are incomplete or improperly substantiated or justified.
• Propose new criteria for assessing whether the judicial acts of the lower court are incomplete or unfounded or justified, which would be more targeted/relevant in each specific case.
• 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. What are the existing criteria for assessing whether the judicial acts of the lower court are incomplete or unfounded or justified? Are the existing criteria sufficient for such an assessment.
2. 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?
3. 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?