Law of Armenia
Encyclopedia
The law of Armenia is enforced
by the Police Service. The right of return
is specified in the law of Armenia under Article 14 of the Constitution of the Republic of Armenia (1995), which provides that "[i]Individuals of Armenian origin shall acquire citizenship of the Republic of Armenia through a simplified procedure."[1] This provision is consistent with the Declaration on Independence of Armenia, issued by the Supreme Soviet of the Republic of Armenia in 1989, which declared at article 4 that "Armenians living abroad are entitled to the citizenship of the Republic of Armenia". Human rights
are upheld by the law of Armenia much more than most other former Soviet republics
. The Constitution was amended in December 2005 to provide for freedom of religion
, however there are some restrictions in practice.
provides for an independent judiciary, but in practice courts are vulnerable to pressure from the government, though legal reforms are resulting in some changes. The court system consists of district courts of first instance, an Appeals Court, and a Court of Cassation. Judges for the local courts of first instance and the Court of Appeals
began operating under a new judicial system in January 1999. Judges were selected for their posts based on examinations and interviews by the Minister of Justice, approval of a list of nominees by the Council of Justice, and approval by the president. Unless they are removed for malfeasance, they serve for life. About one-half of Soviet-era judges have been replaced. Prosecutors and defense attorneys also began retraining and recertification. A military bureaucracy
continues to follow
Soviet-era practices.
A Constitutional Court has the power to review the constitutionality of legislation, approves international agreements, and settles electoral disputes. Its effectiveness is limited. It only accepts cases referred by the president, two-thirds of the members of the legislature, or election-related cases brought by candidates in legislative or presidential races. The president appoints four of the nine judges of the Constitutional Court.
The constitution establishes a Council of Justice, headed by the president and including the prosecutor general, the minister of justice, and 14 other members appointed by the president. The Council appoints and disciplines judges in courts of first instance and the Court of Appeals. A Council of Court Chairs has been created to reduce the power of the Ministry of Justice and increase the independence of the judicial system. It is responsible for financial and budgetary issues involving the courts, and consists of 21 senior judges.
A criminal procedure code entered into force in January 1999 specifies that a suspect may be detained for no more than 12 months pending trial, has the right to an attorney, right to a public trial and to confront witnesses, and the right to appeal.
Law enforcement in Armenia
The Police of the Republic of Armenia is the national police of Armenia. The head is Alik Sargsyan, in office since 29 May 2008.-Leadership:The activities of the Police are directed by the Chief of the Police, who is appointed by the President of Armenia at the nomination of the Prime Minister of...
by the Police Service. The right of return
Right of return
The term right of return refers to a principle of international law, codified in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, giving any person the right to return to, and re-enter, his or her country of origin...
is specified in the law of Armenia under Article 14 of the Constitution of the Republic of Armenia (1995), which provides that "[i]Individuals of Armenian origin shall acquire citizenship of the Republic of Armenia through a simplified procedure."[1] This provision is consistent with the Declaration on Independence of Armenia, issued by the Supreme Soviet of the Republic of Armenia in 1989, which declared at article 4 that "Armenians living abroad are entitled to the citizenship of the Republic of Armenia". Human rights
Human rights in Armenia
Human rights in Armenia are better than those in most former Soviet republics and have drawn closer to acceptable standards, especially economically. Still, there are several considerable problems. Overall, Armenia's human rights record is similar to that of Georgia's...
are upheld by the law of Armenia much more than most other former Soviet republics
Post-Soviet states
The post-Soviet states, also commonly known as the Former Soviet Union or former Soviet republics, are the 15 independent states that split off from the Union of Soviet Socialist Republics in its dissolution in December 1991...
. The Constitution was amended in December 2005 to provide for freedom of religion
Freedom of religion in Armenia
The Constitution as amended in December 2005 provides for freedom of religion; however, the law places some restrictions on the religious freedom of adherents of minority religious groups, and there were some restrictions in practice. The Armenian Church, which has formal legal status as the...
, however there are some restrictions in practice.
Judicial system
The constitutionConstitution of Armenia
The Constitution of Armenia was adopted by a nationwide referendum on July 5, 1995. This constitution established Armenia as a democratic, sovereign, social, and constitutional state. Yerevan is defined as the state's capital. Power is vested in its citizens, who exercise it directly through the...
provides for an independent judiciary, but in practice courts are vulnerable to pressure from the government, though legal reforms are resulting in some changes. The court system consists of district courts of first instance, an Appeals Court, and a Court of Cassation. Judges for the local courts of first instance and the Court of Appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
began operating under a new judicial system in January 1999. Judges were selected for their posts based on examinations and interviews by the Minister of Justice, approval of a list of nominees by the Council of Justice, and approval by the president. Unless they are removed for malfeasance, they serve for life. About one-half of Soviet-era judges have been replaced. Prosecutors and defense attorneys also began retraining and recertification. A military bureaucracy
Bureaucracy
A bureaucracy is an organization of non-elected officials of a governmental or organization who implement the rules, laws, and functions of their institution, and are occasionally characterized by officialism and red tape.-Weberian bureaucracy:...
continues to follow
Soviet-era practices.
A Constitutional Court has the power to review the constitutionality of legislation, approves international agreements, and settles electoral disputes. Its effectiveness is limited. It only accepts cases referred by the president, two-thirds of the members of the legislature, or election-related cases brought by candidates in legislative or presidential races. The president appoints four of the nine judges of the Constitutional Court.
The constitution establishes a Council of Justice, headed by the president and including the prosecutor general, the minister of justice, and 14 other members appointed by the president. The Council appoints and disciplines judges in courts of first instance and the Court of Appeals. A Council of Court Chairs has been created to reduce the power of the Ministry of Justice and increase the independence of the judicial system. It is responsible for financial and budgetary issues involving the courts, and consists of 21 senior judges.
A criminal procedure code entered into force in January 1999 specifies that a suspect may be detained for no more than 12 months pending trial, has the right to an attorney, right to a public trial and to confront witnesses, and the right to appeal.