At present, the constitutional law the RA Judicial Code does not refer to the order of the implementation of the appointed judges’ medical examination, because of which in practice difficulties arise in organizing the process.
Besides, the power of establishing the order of the implementation of the medical examination for the judge, the pretender of the judge’s candidate, the judge’s candidate. Within the framework of the implementing addenda also legislative basis will be created by the authorized body for the adoption of the relevant order.
The RA Deputy Minister of Health Armen Nazaryan said about this at May 15 sitting of the NA Standing Committee on State and Legal Affairs, presenting for debate the draft law on Making Amendments and Addendum to the constitutional law the RA Judicial Code.
“If the Chairman of a concrete court has reasonable doubt that one of the judges or several of them have one of the diseases or several of them which, in fact, serve as an obstacle for holding the judge’s position, they can apply to the Higher Judicial Council and the relevant Committee on Ethics, and ask to initiate health examination, is it right?” the Deputy Chair of the Committee Arusyak Julhakyan inquired.
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The key rapporteur positively answered the question, The Deputy Minister clarified that, according to the order, the judges are not subjected to medical examination, which is proposed to change. He noted that a list of diseases is set by the Government, which is not spread on the judges.
The Committee member Vigen Khachatryan opined that such approach should be shown also to the other branches of the power – legislative and executive. “It means we cannot have a judge with psychic disorder, but we can have deputy or minister? I think that this is a matter for thinking. If the judge does not hear properly, or does not see, should not work, and if such thing happened with the minister or the deputy, should he/she work?” the MP asked, adding that equal approach should be shown to all branches of power.
The Committee endorsed the draft. It will be proposed to include in the draft agenda of the NA regular sittings to be convened on May 23.
The debate of a number of bills included in the agenda of the sitting was postponed.
National Assembly of the Republic of Armenia
