러시아ㆍ유라시아
연구정보
[경제] Governance and Justice Enhancing the efficiency of Court Processes in Armenia : Ways to Improve the Simplified Procedure and Order for Payment Procedure for Better Justice System Performance
아르메니아 국외연구자료 연구보고서 - World Bank 발간일 : 2020-12-01 등록일 : 2021-03-04 원문링크
Improving performance and ultimately perception of the judiciary is a shared goal for many jurisdictions in order to advance a country’s economic and social development. Around the globe justice sector stakeholders acknowledge accessible, effective and efficient justice as indispensable to the protection of rights and freedoms of citizens, and critical to support private sector development and inclusive growth. The rule of law and development are strongly interrelated and mutually reinforcing as poverty often stems from disempowerment, exclusion and discrimination. The rule of law fosters development through strengthening the voices of individuals and communities, ensures due process and establishes remedies for the violation of rights. Accountable and effective justice institutions and efficient procedures create the enabling environment for increased private sector investment which thrives on trust and safety, allow citizens and businesses to unlock their economic potential, and help to fight corruption. A well-functioning justice system enforces the rules that govern business transactions and plays a central role in determining how the costs and benefits of private sector activities are distributed. Predictable contract enforcement, property rights, and systems for the resolution of business disputes are considered key determinants of economic development, while appropriate policy and regulatory frameworks encourage business formation. The current administration is now looking to respond to citizens’ pressure to deliver on the Velvet Revolution’s promises and to bring tangible change in several areas, including justice. In October 2019, the Government approved the 2019-2023 Judicial and Legal Reform Strategy which is accompanied by two Action Plans for the short- and medium-term as well as an Action Plan focusing on e-justice. The Strategy aims to: (1) eliminate corrupt practices through effective application of the institution of disciplinary liability of judges, (2) resolve issues of heavy workloads of courts by balancing the number of judges and staff, (3) strengthen alternative means of dispute resolution by observing reasonable time limits on case examinations, (4) expand the accessibility and quality of legal assistance, (5) enhance the effectiveness of the system of criminal punishments and restorative justice, (6) implement an e-justice system, and (7) improve public confidence in the judiciary system. Witness of Armenia’s desire to take rapid actions to improve the delivery of justice to citizens and businesses while also seeking to ease the burden on courts is the introduction of the simplified procedure (SP) to process small value claims faster and more efficiently and its amendments in July 2019. The increase in cases processed under the SP – in particular following its amendments in July 2019, suggest that reform efforts are going into the right direction and respond to the needs on the ground. However, more is needed to streamline and simplify small claims processing and ease the burden on courts with addressing the large volume of uncontested debt currently clogging court dockets. Complementing the support to justice sector reform that the World Bank is providing through a Development Policy Operation (DPO) alongside donors including the European Commission, and at the request of the MoJ in consultation with the judiciary, this report identifies areas for further improvement and suggests actions to facilitate increased efficiency, cost-effectiveness, access and transparency in small claims processing and uncontested debt.
본 페이지에 등재된 자료는 운영기관(KIEP) 및 EMERiCs의 공식적인 입장을 대변하고 있지 않습니다.
