1 / 20

At March 22 sitting, the National Assembly debated the NA draft decision on Applying to the Constitutional Court (CC) on Terminations of Powers of the Judge of the Constitutional Court Seda Safaryan authored by the Armenia Faction. The issue was debated without participation of the CC judge Seda Safaryan.

The Secretary of the Armenia Faction Artsvik Minasyan presented the initiative.

According to him, the professional analysis of the lawyers Arsen Babayan and Sos Hakobyan, as well as other publications and explanations presented in the press on issue served as a basis for presenting the draft.

According to the rapporteur, according to some legal regulations, the CC judge has no right of being engaged with entrepreneurship activity. “Seda Safaryan, being elected CC judge on September 15, 2022 by the NA and being an individual entrepreneur, maintained her status until January 23, 2023,” Artsvik Minasyan underlined, adding that, in accordance with law, after being elected during 30 days Seda Safaryna should terminate that status and withdraw from state registration, as it is set in case of deputy.

Introducing some details, Artsvik Minasyan noted that the status of the individual entrepreneur’s status should be terminated until January 16 including, meanwhile, according to facts, the latter terminated on January 27.

Artsvik Minasyan underscored that the issue was debated for rather a long time at the Standing Committee on State and Legal Affairs, facts were presented about terminating Seda Safaryan’s entrepreneurship activity, but they are incompatible with the term of terminating the individual entrepreneur’s status.

The NA Standing Committee on State and Legal Affairs did not endorse the issue. The Deputy Chair of the Committee Arusyak Julhakyan informed about this and presented the endorsement of the Committee. It was noted that accepting September 15 as a beginning of one-month term is absurd, as with that logic the person, still not being a judge, can violate the judge’s incompatibility requirements or the person, still not being a deputy, can violate the deputy’s incompatibility requirements. “In this case we cannot accept the literal comment of Article 31.5 of the law on Public Service as a basis,” Arusyak Julhakyan said.

The MP also spoke about the probability of other two terms and their violation and noted that by the law the NA Rules of Procedure the official elected by the National Assembly (NA) assumed his/her office by swearing-in in the NA. “If on September 15 an opportunity an opportunity would be given to Seda Safaryan on taking an oath, it would be that she assumes the position that day, and we would have in the CC not 9, but 11 judges, taking into consideration that besides Seda Safaryan that day the issue of electing another judge was debated,” Arusyak Julhakyan said.

Presenting the conclusion on being engaged with individual entrepreneur ship activity, the Committee Deputy Chair mentioned that on the day of assuming the judge’s powers or in case of accepting December 10 the day of assuming the powers on the 6^th day of assuming the powers, i.e. within one-month period established by the law on Public Service Seda Safaryan notified the state, on behalf of the State Revenue Committee on terminating with indefinite term her activity as individual entrepreneur and taxpayer.

“In such conditions the NA Standing Committee on State and Legal Affairs came to conclusion that we cannot speak about at least the substantive violation of incompatibility requirements, and if there is violation, then it is a technical one. In the case of such circumstances it is not appropriate to apply such a tool, as applying to Constitutional Court with the requirement of terminating of the judge’s powers,” Arusyak Julhakyan concluded.

The deputies gave speeches on the issue.

According to NA Vice President Hakob Arshakyan, two directions were targeted: refer to the property obtained with their credit means to the state officials as property of hundreds of thousands of USD, which is pointless, cut from reality. The second, an attempt is made to make parallel with robber officials who became rich at the expense of the state budget of Armenia for years and obtained many properties, as well as target the judicial-legal system. According to the NA Vice President, an hour will come, when the robbed means from the Republic of Armenia and army will be returned.

According to the opposition Kristine Vardanyan, from war to seizure of the Constitutional Court the responsibility bears the power. Agnesa Khamoyan spoke about the arguments presented by the deputies of the ruling political force on the issue. According to the deputy, the interpellations of the ruling force document that Seda Safaryan committed a violation, however the CC should make a decision. According to Andranik Kocharyan, the thing is not the violations, but also Seda Safaryan;s activity, which worries the RA second President Robert Kocharyan. The opposition member Gegham Manukyan noted that the presented issue is a problem of law, but not a person. Vilen Gabrielyan noticed that the issue is not in the field of law, but it also relates to the incompleteness of the RA legislation. To Lilit Galstyan’s word, the problem is not about Seda Safaryan, but the National Assembly and the political majority. According to the deputy, the CC should make a decision what requirements of the law were violated and how legal and moral is Seda Safaryan’s activity as CC member. Babken Tunyan underlined that the state official should not be engaged with the entrepreneurship activity. The MP reminded his opposition colleagues that during the latter’s power there were persons, who used their mandates to create favourable conditions for their business. As the opposition member Armenuhi Kyureghyan assessed, the representatives of the power make an attempt to evaluate negligence, forgetfulness, technical error committed by the CC committed violations by the CC. According to her, meanwhile the parliament should not give that assessment, by the Constitutional Court. This error cannot change our opinion towards Seda Safaryan as a judge, person, civil posture: Sergey Bagratyan expressed such opinion. The opposition member Gegham Nazaryan urged the MPs to join their initiative, as the CC is proposed to give an assessment to this issue. According to him, they don’t have any intention to target any person. According to Vahgan Aleksanyan, what is happening to the CC judge cannot be named but a fight, which the front of protection of illegal property initiated. “I demand that deputies of the opposition factions, who pass by the law on Levying Illegal Property, inform about the clash of interests and not take part in relevant voting,” the deputy stated. Arpine Davoyan touched upon the viewpoints sounded in some opposition deputies’ speeches at the hour of the announcements the day before. Vugen Khachatryan spoke about the workstyle of the opposition and the power, accordingly, the rating. “You lower your rating again with this step, and raise ours,” the deputy concluded.

Seyran Ohanyan expressed opinion of the Armenia Faction and noted that the behavior of the power is aimed at impeding the constitutional judiciary examination. The Head of the Faction added they don’t judge or condemn Seda Safaryan, but they propose to make the problem a subject of the CC examination. “The Armenia alliance calls on to vote for it, and let the CC give assessment to the employee, has there been violation or not,” he underscored.

The Civil Contract Faction will not take part in the voting of the issue, as he does not consider the sounded accusations legitimate. The Head of the Faction Hayk Konjoryan reminded the MPs that Seda Safaryan decently informed the state that she is going to terminate being engaged with advocacy services, therefore, there is no essential violation.

In their final speeches Arusyak Julhakyan and Artsvik Minasyan answered the deputies’ questions.

Arusyak Julhakyan noted that the ongoing debate is a call for vigilance to all officals to be attentive and defend the literal comments of the law.

Artsvik Minasyan thanked the lawyers Arsen Babayan and Sos Hakobyan for providing professional analysis. “Distinctly was recorded one thing, and it was confirmed in the hall; everybody accepts the availability of the fact for violation,” the Secretary of the Armenia Faction mentioned. According to him, the goal of presentation of the initiative is to ensure the establishment of legality in the country.

Pursuant to Article 109.2 of the Constitutional Law the NA Rules of Procedure, by the decision adopted at least 3/5 of the votes of the total number of deputies by the secret ballot the National Assembly can apply to the Constitutional Court on terminating the powers of the CC Judge.

The Chairman of the NA Accounting Committee Narek Babayan, presenting the results held by secret ballot, noted that 30 deputies voted for the initiative. The decision was not adopted.