The Government has integrated the LDPF’s recommendations into its decision

22.02.2024

It has been a long time since the activities of the Law Development and Protection Foundation include monitoring and analyzing draft laws, revealing problems, and proposing solutions. In this way, the LDPF seeks to contribute to the formation of human rights-based legislation. Draft laws pertaining to the judiciary, elections, human rights, and open government are especially in the spotlight of the organization. 

Recently, the Government of the Republic of Armenia has fully adopted the LDPF’s recommendations on improving the content of court statistics and has included them in the OGP-Armenia National Action Plan 2022-2024.

Before turning to the main recommendations, it is worth noting that the commitment “eCourt-statistics statistical analytical tool" envisages the introduction of the "eCourt-statistics" statistical analytical tool of the e-Justice system, which will automatically generate various valuable data on both judicial and pre-trial proceeedings under the section titled Open and Transparent Justice. As it follows from the Action Plan, this will make the work of the courts more transparent and more accessible, thus, increasing the effectiveness of public oversight.

The recommendations of the LDPF are oriented toward making the statistics on judicial cases as complete as possible, including such data that will provide a more complete and more meaningful picture of court activity.

First, one of the LDPF's recommendations led to all types of criminal court proceedings being covered by statistics. Accordingly, the brief description of the "eCourt-statistics" statistical analytical tool has been edited to include one more type of criminal court proceedings: warrant court proceedings.

Secondly, it will be possible to fully assess the entire duration of cases based on the clarification made in the Program with another recommendation of the LDPF. Prior to the amendment, the indicators (the number of court hearings and their duration) directed at revealing the duration of court proceedings did not enable to reveal the overall duration of the court proceedings (no indication on the period between the court hearings). It is noteworthy that the violation of the reasonable time of proceedings is one of the most frequent problems of the Armenian judicial system. 

To sum up, the changes will allow the public and all interested parties to get a more comprehensive picture of the justice sector and  take steps to address the problems outlined.

The activities related to the draft laws are conducted with the support of European Endowment Democracy (EED.) 

NGOs are concerned about the risk of disproportionate restrictions on the rights of trial participants

21.05.2024
On 10 April 2024, the draft laws on Making Amendments and Supplements to the Civic Procedure Code and Administrative Procedure Code of the RA were circulated on the Unified Website for Publication of Legal Acts’ Drafts.The Law Development and Protection Foundation, in collaboration with the Protection of Rights without Borders NGO, the Democracy Development Foundation, the Transparency International Armenia, and the Helsinki Citizens' Assembly Vanadzor Office published an expert opinion on the draft law pointing out 3 major problematic regulations, analyzing them, and making recommendations.The organisations assert that they have studied these draft laws and have come to the conclusion that several amendments are problematic and concerning as they carry a high risk of disproportionately restricting the rights of trial parties.

What does the new draft law On Enforcement Proceedings change: LDPF’s recommendations

29.02.2024
The National Assembly of the RA is currently discussing the new draft law "On Enforcement Proceedings," which introduces new cornerstone regulations in the area of compulsory enforcement of judicial acts. Back in 2022, the LDPF conducted research in this area, revealing the existing problems both at the legislation and law enforcement levels and submitting targetted recommendations. The Foundation discussed the research report with the Ministry of Justice and the Compulsory Enforcement Service. Subsequently, in March 2023, the LDPF was invited to join the Ministry of Justice's working group revising the draft law on enforcement proceedings. The effective collaboration within the group enabled the LDPF to include several key recommendations in the draft law.

The Government has integrated the LDPF’s recommendations into its decision

22.02.2024
Recently, the Government of the Republic of Armenia has fully adopted the LDPF’s recommendations on improving the content of court statistics and has included them in the OGP-Armenia National Action Plan 2022-2024. The changes will allow the public and all interested parties to get a more comprehensive picture of the justice sector and take steps to address the problems outlined.

The Provisions Worsening a Person’s Legal Status should not be Retroactive

29.01.2024
A group of civil society organizations, the Law Development and Protection Foundation, "Transparency International Anticorruption Centre" NGO, the Democracy Development Foundation, “Helsinki Citizen Assembly” NGO, and the “Protection of Rights without Borders” NGO, have published an expert opinion on the draft law on Military Service and the Status of Servicemen.” The organisations hold that the provisions worsening a Person’s Legal Status should not be retroactive.

Problematic draft laws pertaining to overriding public interest

10.01.2024
The LDPF and partner organizations have published an expert opinion on the draft laws pertaining to overriding public interest. According to the organisations, the draft laws are problematic and concerning given the fact that they are not substantiated, which, in its turn, raises questions about the real purposes of the amendments.

The CSOs propose to withdraw from circulation the Draft Law on Making Amendments to the Law on Freedom of Information

08.01.2024
On 19 December 2023, the RA Draft Law on Making Amendments to the Law on Freedom of Information (hereinafter referred to as Draft Law) was submitted for discussion on the e-draft platform, the Unified Website for Publication of Legal Acts’ Drafts. We, the undersigned organizations, assess the Draft Law as highly problematic, taking into consideration the definitions of some regulations therein, which make the Draft Law regressive in comparison with the legislation in force. In the meantime, it is worth noting that the law in force itself is quite incomplete in terms of existing international standards and best practices.

Expert opinion on the Draft Law on State Duty

16.11.2023
The Ministry of Internal Affairs of Armenia circulated draft laws on Making Amendments to the Code on Administrative Offences of the RA and related laws, including the draft law on Making Amendments to the Law on State Duty on the e-draft platform. The Law Development and Protection Foundation has published an expert opinion on the latter, pointing out the problematic provisions and making respective recommendations. 

The CSOs propose to withdraw from circulation the Draft Law on Making Amendments to the Law on Freedom of Information

24.10.2023
On 19 December 2023, the RA Draft Law on Making Amendments to the Law on Freedom of Information (hereinafter referred to as Draft Law) was submitted for discussion on the e-draft platform, the Unified Website for Publication of Legal Acts’ Drafts. The CSOs propose to withdraw from circulation the Draft Law on Making Amendments to the Law on Freedom of Information.