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Court of Cassation

Civil Procedure Code of the Republic of Armenia 

Based on the complaint, in cases and order stipulated by RA Civil Procedure Code, the Court of Cassation reviews judicial acts deciding the case on merits and interim judicial acts of RA Civil Court of Appeal (hereinafter the Court of Appeal) and RA Administrative Court that have not come into legal force.
The norms defined by the Civil Procedure Code of the Republic of Armenia (hereinafter Code) are spread over the order of appealing, grounds and case proceedings of the Administrative Court to be executed in the Court of Cassation (mutatis mutandis). Persons who did not participate in the case examination, on the rights and duties of whom the Administrative Court has executed a judicial act deciding the case on merits, have the competence to appeal that act by the order of cassation. 

The following persons have the right to appeal the judicial acts deciding the case on merits of the Court of Appeal, which have not come into legal force, in the Court of Cassation:
1. persons who participate in the case, the Prosecutor General and his deputies before the deadline defined for coming into legal force of that act (within one month);
2. persons who did not participate in the case, on the rights and duties of whom a judicial act deciding the case on merits has been executed, within three months from the day about the execution of such a judicial act was known or could be known, except the cases when twenty years have passed from coming into legal force of the judicial act.
Persons who participate in the case have the right to appeal against the interim judicial acts of the Court of Appeal in cases stipulated by law within 15 days from the moment of receiving the act, if other deadline is not defined by law. 

The afore mentioned subjects can lodge a cassation complaint only in case of the availability of grounds defined by law, i.e. such a violation of material or procedural right of persons participating in the case has been made, which could influence the outcome of the case and the newly emerged or the new circumstances. In case of availability of the grounds to lodge cassation complaint, persons who have the right to lodge a complaint, lodge a cassation complaint and duly send it the Court of Cassation.
The cassation complaint must state:
- the name of the Court to which the complaint is addressed;
- the name (designation) of the person who lodges the complaint;
- the name of the Court that made a verdict, number of the case, year, month, date when the verdict was made, the names (designations) of the persons who participated in the case, the subject of the dispute;
- the demand of the person who lodged a complaint with a reference to laws, other legal acts, and a notification as of which norms of material and procedural rights were violated or wrongly applied or which are the grounds for reviewing the case as a result of newly emerged circumstances;
- any of the justifications defined by the law for accepting the cassation complaint for examination;
- the list of documents attached to the complaint, the document certifying the payment of the state duty according to the defined order and amount, and the copy of the complaint and proofs on sending them to the Court examining the case and to persons who participate in the case. 

The cassation complaint is signed by the person who lodged the complaint or by his/her representative. The authorities of the representative are certified by the order defined by the Code.
The person who lodged a cassation complaint has a right to withdraw the complaint before the Court of Cassation would start the examination of the case. 

The Court of Cassation is accepting the complaint for examination if the Court of Cassation considers that the followings are justified in the complaint:
1) the decision of the Court of Cassation on the issue raised in the complaint may have an essential significance for the uniform application of law, or
2) the reviewed judicial act prima facie contradicts the previously adopted decisions of the Court of Cassation, or
3) a prima facie judicial error has been made by a lower placed Court, which may bring or have brought grave consequences;
4) newly emerged or new circumstance is present.
The Court of Cassation reviews the judicial act executed by the case by cassation order during the case examination only within the frameworks of the grounds and justifications of the cassation complaint and makes a decision in a reasonable term.

    

Criminal Procedure Code of the Republic of Armenia

Based on the complaint and in cases and by the order stipulated by RA Criminal Procedure Code, the Court of Cassation reviews the judicial acts deciding the case and not deciding the case on merits of RA Criminal Court of Appeal (hereinafter Court of Appeal), as well as the decisions made as a result of reviewing the judicial acts not deciding the case on merits of the Court of Appeal. 

Cassation complaint against the judicial act deciding the case on merits of the Court of Appeal can be lodged within one month from the moment of its promulgation, and against judicial acts not deciding the case on merits, within 15 days from the moment of receiving of that act, if other thing is not stipulated by law. If the previous judicial act distorts the very essence of justice, on the ground of the state of a person getting better, a cassation complaint can be lodged without limitation of time, and on the ground of the state of a person getting worse, within six months from the moment of coming into legal force of the judicial act. The verdict of acquittal can be quashed by the order of cassation not otherwise than based on the complaint of the Prosecutor, the aggrieved or his/her representative, or based on the complaint of the acquitted person, if he/she does not agree with the ground of the acquittal. 

Judicial acts deciding the case on merits and not deciding the case on merits of the Court of Appeal, as well as the decisions made in the result of reviewing the judicial acts not deciding the case on merits of the Court of Appeal, the following persons have the right to lodge complaints to the Court of Cassation:
1. participants of the proceedings, except the criminal prosecution bodies, and also applicants in cases stipulated by the law;
2. the Prosecutor General and his deputies in cases stipulated by the law.
A person cannot appeal the judicial act which is subject to be appealed by the order of reexamination to the Court of Cassation, if he/she has not appealed the judicial act with the same grounds in the Court of Appeal.
A person can lodge a cassation complaint against only the part of the judicial act which is not favorable for him/her. 

The judicial acts deciding the case on merits and not deciding the case on merits of the Court of Appeal, as well as the decisions made in the result of reviewing the judicial acts not deciding the case on merits of the Court of Appeal, are reviewed by the Criminal Chamber of the Court of Cassation (hereinafter Court of Cassation) by a bench of the Chairman and at least three judges.
In addition, the Court of Cassation reviews the mentioned judicial acts within the frameworks of the grounds stated in the cassation complaint. The grounds for lodging a complaint to the Court of Cassation are the judicial error that is a violation of material or procedural right, which could influence the outcome of the case, the newly emerged or the new circumstances. 

The cassation complaint must include:
1. the name of the Court to which the complaint is addressed;
2. about the person who lodged that complaint noting his/her procedural status, the place of abode or his/her whereabouts;
3. the verdict or other decision which is appealed and the name of the Court that made that decision;
4. a notification stating whether the verdict or other decision is appealed completely or by one part;
5. a substantiated notification stating which of the material or procedural rights have been violated, which has or could influence the outcome of the case or what newly emerged or new circumstances are present;
6. the demand of the person who lodged the complaint;
7. any of the justifications defined by the law for accepting the cassation complaint for examination;
8. the list of materials attached to the complaint;
9. the signature of the person submitting the complaint. 

Documents confirming the sending of the copy of the complaint to the Court examining the case and to the participants of the Court proceedings (except the investigator and the body of inquiry) are attached to the complaint. In case if the Cassation complaint was lodged by a person who does not have the right to do so, or if the complaint is overdue, or a judicial act has been appealed which is not subject to be appealed, it is left without examination by the decision of the Court of Cassation. The complaint is left without examination also in case when the Court of Cassation on the grounds stated in that complaint has already made a decision by the same case. 

The cassation complaint is lodged to the Court of Cassation, and the copy to the Court which made the verdict or the decision, the person who lodged the complaint has a right to withdraw it before the Court of Cassation would start the Court session. 

The Court of Cassation is accepting the complaint into proceedings if:
1. the decision of the Court of Cassation on the issue raised in the complaint may have an essential significance for the uniform application of law, or
2. the reviewing judicial act prima facie contradicts the previously adopted decisions of the Court of Cassation, or
3. a prima facie judicial error was made by the Court of Appeal, which can cause or has caused grave consequences;
4. newly emerged or new circumstance is present. 

The Decisions of the Court of Cassation are duly sent to the person who lodged the complaint, and the Decisions on accepting the cassation complaint into proceedings, to the participants of the proceedings. Receiving the copy of the cassation complaint, the participant of the proceedings has the right to send his/her answer to the Court of Cassation before starting the case examination in the Court. Together with sending an answer to the Court of Cassation, the participant of the proceedings must send the copy of the answer to persons participating in the proceedings (except for the investigator and the body of inquiry).The answer is signed by the participant of the proceedings who has submitted it, or his/her authorized person. 

If several persons are convicted in a case, and the complaint is lodged versus only one or some of the convicts, the Court is obliged to examine the case referring only to the mentioned convicts within the frameworks of the mentioned grounds of the cassation complaint. 

The person who lodged the complaint is notified on the place and time of the case examination. The person who lodged the complaint has the right to be present at the session of the Court of Cassation. In case of necessity of giving explanations, the person who lodged the complaint, as well as participants of the proceedings can be summoned to the session of the Court of Cassation, who are notified on the place and time of session. Their absence is not a hindrance for the case examination.
The Decision of the Court of Cassation enters into legal force from the moment of its promulgation and is not subject to be appealed.

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