ԱԶԱՏՈՒԹՅԱՆ ՀԻՄՆԱՐԱՐ ԻՐԱՎՈՒՆՔԻ ԽԱԽՏՄԱՄԲ ՊԱՏՃԱՌՎԱԾ ՈՉ ՆՅՈՒԹԱԿԱՆ ՎՆԱՍԻ ՓՈԽՀԱՏՈՒՑՄԱՆ ԳՈՐԾՆԱԿԱՆ ԽՆԴԻՐՆԵՐԸ

This scientific article explores the right of individuals whose fundamental right to liberty was restricted due to coercive measures applied during criminal proceedings and who were subsequently acquitted to seek compensation for non-pecuniary damage. It examines the procedures and conditions governing such compensation arising from violations of fundamental rights and wrongful convictions, analyzes the established judicial practice on the matter, and evaluates the effectiveness of legislative mechanisms designed to ensure the enforcement of this compensation. The analysis of well-established case law, as set forth by the Cassation Court of the Republic of Armenia and the European Court of Human Rights, facilitates the identification of distinctive features of domestic legal regulation in Armenia, as well as the specific characteristics of compensation for the non-pecuniary damage under consideration. Particular attention is devoted to issues related to violations of the right to a trial within a reasonable time in civil cases initiated by claims for compensation of non-pecuniary damage resulting from fundamental rights violations. Based on a comprehensive review of Armenian legislation and judicial practice, this article identifies the problem of inefficiency in the procedures and mechanisms established for realizing the right to compensation for non-pecuniary damage, the recognition of which constitutes its primary objective.