The Constitution of the Republic of Armenia (RA) was adopted on July 5, 1995, which, in correspondence with the requirements of the establishment of a democratic and a legal state, declared the principle of separation of the legislative, executive and Judicial Powers, thus becoming the foundation of the implementation of the first phase of Judicial Reforms in Armenia. On November 8, 1996 RA President promulgated a decree on “RA Judicial Reforms”. During 1998, RA National Assembly passed the laws of the Republic of Armenia on “The formation of Courts”, “On the Judge’s Status”, “On the Prosecutor’s Office”, “On the Advocate’s Service”, “On the Courts of arbitration and on arbitration proceedings”, “On compulsory implementation of judicial acts”, “On the service providing the compulsory implementation of judicial acts”, Civil, Civil Procedure, Criminal Procedure Codes of the Republic of Armenia which came into force since January 12, 1999. Thus, in correspondence with the new Legislation, RA new Judicial System was formed and started to function; instead of the previous two-level Judicial System consisting of people’s courts and the Supreme Court, a three-level Judicial System was founded, consisting of the Courts of First Instance, Courts of Appeal and Court of Cassation.
By the constitutional amendments of November 27, 2005, the fundamentals of the second phase of Judicial Reforms were laid in Armenia, and today it can be stated that by the end of the mentioned phase our country will stand on a qualitatively new level of impartiality, independence and efficiency of Judicial Power.
Thus according to Article 5 of the new main law it is declared that the State Power in the Republic of Armenia is implemented based on the separation and balancing of the Legislative, Executive and Judicial Powers. The principles concerning the Judicial Power are included in Chapter 6, according to Article 92 of which First Instance Courts of General Jurisdiction, Court of Appeal and Court of Cassation are functioning in the Republic of Armenia, as well as Specialized Courts in cases stipulated by law. Under the same article, RA Court of Cassation is acting by a qualitatively new status, as the RA Supreme Judicial Instance (except for Constitutional Justice issues), which is called to provide the universal application of law. By the new Constitution also real provisions of safeguards for the Judicial Power’s independence were created, on which refers to the principle that the independence of Courts in Armenia is safeguarded by the Constitution and by laws, as well as by the creation and functioning of the Council of Justice, the principles confirming the new order of judge appointments.
The Constitutional provisions on the Judicial Power and particularly about RA Court of Cassation as the Supreme Judicial Instance were specified and confirmed in the most important normative document of the second phase of Judicial Reforms, RA Judicial Code (promulgated on April 18, 2007), which includes comprehensive norms about the RA Judicial System, and from the moment of its coming into force RA laws on “The Formation of Courts”, “On the Council of Justice” and “On Judge’s Status” were recognized as invalid.