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ONE MORE EVIDENCE OF COURT SYSTEM "INDEPENDENCE"

Politics

Today the Economic Court of Armenian Republic refused the action by "MelTex" LTD against "Armenia Television Network" State CJSC. It took 20 minutes Judge Uzunyan to justify the illegal operations by CJSC.

"MelTex" disputed the illegal operations by Armenia Television Network - "A1+" TV company transmitter had been switched off. It was switched off according to the letter by TV and Radio National Commission.

It is to be noted that the National Commission possesses no power by any law to represent request to stop TV Company broadcasting. By the way, this has been confirmed by the Economic Court as well. On April the 3-rd refusing one of the petitions by "A1+" TV Company the Court confirmed - Through the 37-th article of the Law on TV and Radio the National Commission possesses no power to stop "A1+" TV broadcasting. Armenia Television Network as well has no right stop "A1+" TV broadcasting - neither by the bilateral contract nor by the Legislation.

In fact, with the request to stop broadcasting the National Commission applies to a body that has no power to perform such operations.

Through neglecting Armenian Laws and abusing the position, Armenia Television Network formed a commission on April the 2-nd. This Commission considered itself to have a right to enter the area rented by "A1+" and switch off the transmitter of "A1+" property. So, the contract between "MelTex" LTD and Armenia Television Network had been discontinued unilaterally. But it was to be brought to a stop through court order only. The contract says so.

The answering sides couldn't substantiate the arguments legally. The main argument was - "A1+" had no licence when broadcasting stopped. Armenia Television Network hasn't any right to render services to a company which is not licenced. But Armenia Television Network either has no right to stop "A1+" TV broadcasting .

"A1+" TV Company barristers go on with quoting the appropriate laws, i.e., even in that case ATN was not given the right to switch off the transmitter. If "A1+" went on with being broadcasted without being licenced, it would be called to account by the court order.

The prosecution pointed to all the above-mentioned outrages committed stressing that Armenia Law Code of Civil Proceedings makes provisions for the transmitter switch off by court order solely. But the Court neglected the outrages committed. The sides get to know the refusal substantiation during a 5-day-long term.