Weekly Client Alert # 29

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Parliament Bills

 

Amendments to the Labor Code

A bill is circulating in Parliament, according to which, from the moment of suspension of the powers of a suspected or accused employee in accordance with the procedure established by the Criminal Procedure Code of the Republic of Armenia, until the decision on suspension is canceled or a decision is made to change or cancel the arrest, the employee's workplace (position) should be kept unchanged by the employer.

In the meantime, the draft bill provides that the suspension of powers is not an obstacle to the termination of an employment contract if during the suspension period one of the grounds for termination of the employment contract provided for by law arose.

The bill has been adopted by the Parliament of RA in the first reading.

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Amendments to RA Judicial Code

A bill has been adopted by the Parliament, according to which the Supreme Judicial Council is authorized to select judges from administrative, civil, and criminal specialization judges, who, in addition to relevant specialization cases, will hear certain complex cases, the list of which also should be determined by the Supreme Judicial Council.

It has been envisaged by the bill the right for individuals or legal entities to apply to the Supreme Judicial Council for disciplinary action with the participation of the presiding judge if there is a substantial disciplinary violation and the deadlines set by law are observed.

The bill has been adopted by the Parliament of the Republic of Armenia in the second reading.

 

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Amendments to RA Criminal Procedure Code

Тhe bill adopted by the Parliament envisages a new type of judicial sanction in the RA Criminal Procedure Code, that is a restriction of the exercise of certain procedural rights.

As a result, the rights to file a motion, challenge, present evidence, access the materials of the proceedings, copy any information from them, speak, resign from the defense, to terminate the powers of the defense may be restricted.

According to the bill, the aforementioned procedural rights can be limited, if the person has abused them regularly. The restriction should be expressed in the form of a relevant court decision, which will define the conditions for the exercise thereof.

The bill has been adopted by the Parliament of the Republic of Armenia in the second reading.

 

Find more here