Yervand Khundkaryan Resigns as President of the Court of Cassation

Yervand Khundkaryan, elected as a judge of the Constitutional Court by the National Assembly, has announced his resignation from his position as the President of the Court of Cassation and as a judge of the civil and administrative chamber of the Court of Cassation. Here is Yervand Khundkaryan's statement:

“Dear colleagues, on September 15 of this year, I was elected as a judge of the Constitutional Court of the Republic of Armenia by the National Assembly, which means that I am leaving the environment where I have been working since 1992 (and since 2001 as a judge). Having spent almost three decades in the judicial system of the Republic of Armenia, I can state that it has become a family and a dear corner for me. I have had the honor of working as a judge in the economic court and the appellate civil court of the Republic of Armenia for more than eight years.

I am grateful to my colleagues, whose cooperation has contributed to my development as a judge. Since 2008, I have worked in the Court of Cassation for about 12 years, which is a sufficient period to evoke mixed feelings about leaving a workplace that has become familiar to me, just as the circumstance of being elected as a judge of the Constitutional Court created mixed feelings among the majority of judges and judicial staff.

Moreover, these mixed feelings are intensified when I consider that out of my nearly 28 years of professional activity, 21 years have been spent in the building of the Court of Cassation (formerly the Supreme Court). On one hand, I am pleased and thankful for the votes of confidence received from both the General Assembly of Judges of the Republic of Armenia and the National Assembly. On the other hand, it is very difficult to part from a beloved workplace and from the people I have worked with for many years, with whom I have gone through a challenging and responsible path.

I want to emphasize that the role and work of each judge is crucial in the establishment of the judicial system and in the enhancement of the effectiveness of justice. The burdens and responsibilities currently placed on the shoulders of each judge, particularly those of first-instance court judges, and the patience shown by all judges in the face of often unfounded criticisms deserve great respect. This is how I have seen the role of a judge, and this is how we have all manifested ourselves in similar situations.

I highlight the enormous work done by the three levels of courts and court staff to improve the quality and effectiveness of justice in the Republic of Armenia, as well as in the development of the precedent institute in the Republic of Armenia. I am confident that the work you have done is a fundamental basis for the development of the legal system of the Republic of Armenia. It has been a great honor to work with you and to go through such an important journey together.

I also stress the work of the Union of Judges of the Republic of Armenia as a body that raises the issues concerning judges and the judicial system and seeks solutions to those issues. I hope that as a member of the union and also as the president of the union, I have been able to make my humble contribution to highlighting the issues that concern judges, both at the level of legislative changes and in communications with the media, as well as in cooperation with international organizations and the international judicial community.

I consider it necessary to address the important functions performed by the Academy of Justice of the Republic of Armenia. It is no secret that over the last several years, the Academy has done enormous work regarding the professional training of candidates for judgeship, retraining judges and individuals on the list of candidates for judgeship, and retraining of court staff and court officials.

I express my gratitude to all members of the management board of the Academy of Justice (both my fellow judges and representatives of the Office of the Prosecutor General of the Republic of Armenia and the Ministry of Justice of the Republic of Armenia), the rector of the Academy of Justice, and all staff for effective cooperation.

I would also like to mention the cooperation with several international organizations, whose support has been crucial in raising issues concerning the judicial authority in the Republic of Armenia and in seeking solutions to those issues. I value the collaboration with the European Union Delegation in Armenia, the Council of Europe Office in Yerevan, the German Society for International Cooperation (GIZ), and the German Foundation for International Legal Cooperation (IRZ). With the support of these organizations, numerous projects aimed at solving various problems of the judicial authority have been implemented both within and outside Armenia.

Moreover, with the assistance of GIZ and the Council of Europe Office in Yerevan, selections of resolutions from the Court of Cassation and annual reports of its activities have been published for many years, which are now an integral part of the library of the Armenian legal community.

I thank everyone for the efforts, patience, and willingness we have collectively invested in the challenging and responsible task of developing the judicial system of the Republic of Armenia.

Dear colleagues, based on the confidence vote given to me by the National Assembly of the Republic of Armenia and the incompatibility requirements established for a judge of the Constitutional Court by the constitutional law on the Constitutional Court, I resign from my duties as the President of the Court of Cassation of the Republic of Armenia and as the judge of the civil and administrative chamber of the Court of Cassation of the Republic of Armenia, I terminate my membership in the Union of Judges of the Republic of Armenia while simultaneously resigning from the position of President of the Union of Judges of the Republic of Armenia, and I suspend my tenure as the President and member of the management board of the Academy of Justice of the Republic of Armenia.

I believe that the work of all devoted members of the judicial authority, represented by judges and judicial officers, will contribute to enhancing the quality of justice in the Republic of Armenia, as well as to instilling respect towards each judge of the Republic of Armenia. May God protect all our families.”

On September 15, Yervand Khundkaryan was elected to the post of judge of the Constitutional Court by the National Assembly. His candidacy received 84 votes in favor and 2 against.