Saturday, 06 March 2021

A Analysis

The old justice of New Armenia

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For authoritarian regimes, the law is first viewed as a squeeze ring for usurping power, but as a result of subjecting the justice system to a certain atrophy, it becomes possible to turn the laws into an influential tool for preserving power and punishing opponents. That is, the complete usurpation of power occurs through the profanation of laws. As once the president of Peru, Oscar Benavides said, to friends-everything, to enemies-the law. This postulate was fully implemented in Armenia. The regime masterfully wrote laws to fully ensure its impunity. Laws received a disproportionate elasticity and inexhaustible flexibility, with the ability to interpret and selectively apply them for each case in their own way. The criminal oligarchic elite managed to corrupt and paralyze the justice system by adapting it to its needs.

The mockery of the legislative power and judicial system over the law and the collapse of the system led to the fact that the law for society became tantamount to the government's whip and there was a reflex of the uprising against it. Perhaps this was one of the elements of the victory of the criminal oligarchy. The rejection of the law forced many people to enter the field of lawlessness, where they simply could not compete with the regime. Citizens are not competitive in the sphere of lawlessness. It took many years to realize that instead it was necessary to bring the regime into the legal field in order to dictate to them the rules of the game adopted by citizens.

And although the situation has changed in the country, justice continues to embody the old Armenia. For a quarter of a century, institutions involved in imitating justice do not show willingness to accept and adapt to new realities. The courts and judges became a burden for New Armenia, and, in fact, they interfere with its progress through sabotage. This is also facilitated by differences in the perception of justice in different strata of society. The format of hierarchical relations of different groups, in many cases, remains the same.

In the absence of the law and its strictly arbitrary interpretation, people began to independently organize their relationships according to the example of the regressive eastern clan or tribal system. Some groups have created rules for a conditional game for their "subordinates" or dependents for the sake of establishing "might-born" rights. The latter, having entered into criminal cooperation, adopted the rules of the game, as a result of which local principalities were formed in Armenia, and each sphere was started to be governed by one or another clan. Each principality had its own extremely simple interpretation of "justice" and "injustice": "I am just and just is everything that benefits me." When the opponents of the regime tried to follow the same motive, they, as a rule, lost. For them, their cause was also "just", because it was based on the best interests of society, but the fighters of this justice did not have the might to give birth to the right of such an arbitrary interpretation of their actions. The society was split. There was a group of victorious "righteous" people with their supporters who established their "justice", and there was a huge community of those who were choking on such "justice". In the conditions of such relations, the state turned into a fiction, and everyone acted in accordance with their own concepts.

To avoid the re-establishment of such relations, the government has one way: to completely reform the justice sector. The main condition for state building is the full establishment of the constitutional order. The rule of law must be indisputable. Equality before the law is not aimed at depriving people of their "originality." Equality before the law means equal protection of the rights of all citizens without exception. For a long time, the "princes", suffering from the mania of self-affirmation, and their supporters, who saw in them their embodiment, perceived the neglect of the law as a special gift, an advantage over others. In the pyramid of power, those who are in vertical submission understand that the law is not a good environment for maintaining their breed, and they will try to disrupt the government apparatus with the help of the judiciary in order to preserve some of their positions. For counteracting this, stopping the dichotomy and for the final establishment of the rules of the game accepted by citizens in all areas, the interim government can use absolutely all available legal means. The desired result will not be long in coming if every citizen of Armenia in his/her place, in his/her share, can consciously take on the role of the guarantor of the law.


Marina Muradyan

The Armenian Center for National and International Studies

Yerznkian 75, 0033
Yerevan, Armenia


+374 10 528780 / 274818



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