The Constitution of the Republic of Armenia (RA) was adopted in July 5, 1995, which in correspondence with the requirements of a democratic and a legal state, declared the principle of separation of powers between the legislative, executive and judiciary, thus becoming the foundation of the implementation of the first phase of judiciary reforms in Armenia. In November 8, 1996 RA President signed a decree entitled “On judiciary reforms of the Republic of Armenia”. During 1998 the National Assembly passed RA laws on “Formation of Courts”, “On the Judge Status”, “On Prosecution”, “On Solicitor Service”, “On Court of Arbitration and arbitration procedures”, “On compulsory implementation of judiciary acts”, “On the service providing the compulsory implementation of judiciary acts”, RA Codes of Criminal and Civil Procedures, RA Civil Code which came into force from January 12, 1999. Thus in correspondence with the new legislation RA judiciary new system started to function; instead of the previous two-staged system consisting of people’s courts and the Supreme Court, a three-staged judiciary system was founded consisting of Courts of First Instances, Courts of Appeal and Court of Cassation.
By the constitutional amendments of November 27, 2005 the foundations of the second phase of judiciary 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 new level of impartiality, independence and effectiveness of judiciary power. Thus according to Article 5 of the new main law it is stated that the state power in the Republic of Armenia is implemented based on the separation and balances of legislative, executive and judiciary powers. The principles concerning judiciary power are in Chapter 6 according to the 92nd Article of which in Armenia commonly competent courts if first instances, appeal and Court of Cassation are acting in the Republic of Armenia, and in cases prescribed by law, also special courts. Under the same article RA Court of Cassation is acting by a qualitatively new status, as the supreme judicial body of the Republic of Armenia (except from constitutional matters), which is entitled to provide the universal law enforcement. By the new constitution real provisions of securing the judiciary power’s independence were created too, about which is stated in the principle that the independence of courts in Armenia is secured by the Constitution and laws, as well as by the creation and functioning of the Judicial Council, the principles confirming the new order of judge appointments.
The principles about judiciary power and particularly about RA Court of Cassation as the supreme judicial body were specified and confirmed in the most important normative document of the second phase of judiciary reforms, RA Judicial Code (pronounced in April 18, 2007), which includes comprehensive norms about the judicial system of the Republic of Armenia, and after its coming into force RA laws “On Formation of Courts”, “On Judicial Council”, “On Judge Status” were recognized as invalid.







