Mechanisms for ensuring case examination within reasonable time limits and fighting against abuse of rights to be improved in civil and administrative procedures

According to Deputy Minister of Justice Tigran Dadunts, the National Assembly has adopted — fully and in the second reading — the package of draft laws providing for amendments to the Civil and Administrative Procedure Codes. Adoption of the drafts will be followed by the introduction of mechanisms and procedures that will reduce the number of cases of abuse of rights and will provide the courts with effective mechanisms to address these cases. In particular, these amendments will ensure examination of cases within reasonable time limits, reduce the needless delays of cases and disruption of court sessions, and foster demonstration of bona fide conduct of participants during the procedure. Touching upon the amendments provided for by the package of the draft laws, Tigran Dadunts noted that new mechanisms are provided for fighting against the abuse of rights, such as the possibility of applying a judicial fine beyond the court session and a new type of sanction, that is, restriction on the exercise of a right. Moreover, tools for balancing the application of these sanctions have also been introduced so that the court applies these tools fairly and proportionately. By adoption of the draft laws, both within reasonable time limits and in the context of ensuring examination of cases by an impartial court, the institution of self-recusal of judges will be improved, and the procedure for continuing examination of cases from the time of their termination in the event of a change of judge will be introduced. Tigran Dadunts specifically emphasised that this is also a crucial impetus in the context of examination of cases within reasonable time limits, as, in the past, in the event of change of judge, case examination used to start again, which both delayed the time limits for case examination and reduced its effectiveness.