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20.3.2023

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20.03.2023
Committee Does Not Endorse the Draft on Applying to CC on Terminating Powers of CC Judge Seda Safaryan
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The deputy of the Armenia Faction Artsvik Minasyan presented for debate the NA draft decision on Applying to Constitutional Court on Terminating Powers of the Judge of the Constitutional Court (CC) Seda Safaryan. He noted that the joint application of the lawyers Arsen Babayan and Sos Hakobyan served as a basis for submitting the draft.

“It implies from the analysis of the facts presented there that the CC Judge Seda Safaryan violated the incompatibility requirements established for the person elected in that position. In these conditions the NA is authorized to apply the CC with the application on terminating powers of the judge, who violated the incompatibility requirement. “In democratic and legal states the implementation of the activity incompatible with the position by the official person is inadmissible, moreover when it refers to the CC judge,” Artsvik Minasyan said.

It is noted in the application that Seda Safaryan with the name ‘Seda Safaryan Seryozha’ as an individual entrepreneur was registered in the RA Ministry of Justice in the state register on August 11, 1994.

According to the information in the state register, on January 27, 2023 the given individual entrepreneur was removed from the registration, in fact, there is no any written document on suspending or terminating the activity of ‘Seda Safaryan Seryozha’ individual entrepreneur in the legal persons’ state register. That means that in the state register book, according to the existing information, Seda Safaryan, acted as individual entrepreneur without interruptions from August 11, 1994 until January 27, 2023.

The deputy of the Civil Contract Faction Vahagn Aleksanyan with his observation agreed with Artsvik Minasyan that Seda Safaryan in reality has high professional qualification and substantiated: “Otherwise she would not succeed to prove in the European Court of Human Rights (ECHR) that in 2004, in Vardenis simply a case was ‘made’ on a family, the right of their fair trial was violated and from 2004 a whole family was in jail with 13 and 9-year imprisonment. That is another thing that at that time the political power of the country was encouraging towards such judicial judgments.”

“On the previous time you applied to the CC related to the law on Confiscation of Illegal Property: is there any connection between two applications? And how many deputies pass on the cases on Confiscation of Illegal Property from your faction? Has Seda Safaryan taken money from anybody, rendered service or not,” Vahagn Aleksanyan required.

In response, Artsvik Minasyan said that they are not the ones to make a decision if Seda Safaryan will be resigned or not the CC will make a decision, the instance, that Seda Safaryan is member, and which is considered a highest body of the constitutional justice administration.

The deputy of the Civil Contract Faction Arusyak Julhakyan inquired from Artsvik Minasyan if they applied to the Corruption Prevention Commission on the fact if there is clash of interests for making study, giving conclusion on these facts.

Artsvik Minasyan informed that they did not apply and added that in their presented application there is no analysis on the clash of the interests.

The rapporteur Arusyak Julhakyan in her speech noted that in the draft presented by the Armenia Faction three terms are mentioned: the Armenia Faction considers beginning of one-month term September 15, 2022, the day of Seda Safaryan being elected as CC judge, and concludes that one-month term ended on October 16, 2022. According to the Armenia Faction, after being elected Seda Safaryn continued to act as a lawyer.

Arusyak Julyakyan noted that it is absurd to accept September 15 as a beginning of a term, as being led by Article 31.5 of the law on Public Service, it seems to be that the person, not being a judge, can violate the judge’s incompatibility requirements. Referring to the violation of the other presented term, she quoted the Article 5.2 of the law on Constitutional Court and mentioned that the CC newly elected judge assumes his/her position immediately after raking an oath, the Armenia alliance concludes that Seda Safaryan assumed the judge’s position on December 10, 2022 and, according to that, considers that she should terminate her entrepreneurship activity on January 11, 2023.

Arusyak Julhakyan informed that, in accordance with the constitutional law the RA Rules of Procedure, the person elected or appointed by the NA assumes the position in cases established by the Constitution or law after taking an oath at the NA sitting. The day of assuming Seda Safaryan’s powers by taking an oath in the NA is December 16.

Arusyak Julhakyan stated that on November 30, 2022 Seda Safaryan, taking into consideration the law on Advocacy applied to the RA Chamber of Advocates with a request to suspend the action of her patent being engaged with advocacy activity from December 8 of the same year.

The co-rapporteur informed that on December 16, 2022 Seda Safaryan applied to the State Revenue Committee and presented a statement on terminating her entrepreneurship activity on indefinite term from that day.

“I think that we cannot speak about the substantive violation of the incompatibility requirements by the judge, if there is violation, then it is technical,” Arusyak Julhakyan said.

The Committee did not endorse the application draft.

The issue was debated at March 20 sitting of the Standing Committee on State and Legal Affairs.


20.03.2023
RA Ministry of Labor and Social Affairs Implements 126 Measures in Financial Year: Government Programme Performance for 2022 Introduced
The actual funding of the RA Ministry of Labor and Social Affairs for 2022 was about 612.6 billion AMD, within the framework of which 126 measures were implemented under 16 programmes, the performance was 98.7 %. The RA Minister of Labor and Social Affairs Narek Mkrtchyan informed about this at the ...

20.03.2023
Newly Appointed Ambassador of Georgia to Alen Simonyan: Georgia is Hard to Imagine without Armenian Rich Culture
On March 20, the President of the National Assembly of the Republic of Armenia Alen Simonyan received the newly appointed Ambassador Extraordinary and Plenipotentiary of Georgia Giorgi Sharvashidze to the Republic of Armenia. The RA NA President congratulated the Ambassador on the occasion of starti...

20.03.2023
Alen Simonyan Receives Members of Germany-South Caucasus Friendship Group of the FRG Bundestag
On March 20, the RA NA President Alen Simonyan received the delegation led by the Deputy Chair of Germany-South Caucasus Friendship Group of the Bundestag of the Federal Republic of Germany Tabea Rößner. Alen Simonyan informed that next week he will be in Germany on a working visit next week. He not...

20.03.2023
23 Items on Draft Agenda of NA Regular Sittings to Be Convened on March 21
On March 20, the RA NA Council presided over by the President of the RA National Assembly Alen Simonyan convened the sitting.The draft on Making Addenda to the agenda of the fifth session of the eighth convocation of the National Assembly and the draft agenda of the regular sittings to be convened o...

20.03.2023
Parliament Hosts Delegation of Germany-South Caucasus Friendship Group of the Bundestag of Germany
We highlight the dynamic relations of Armenia-Germany relations and the activation of the inter-parliamentary ties: the Chair of the RA NA Standing Committee on State and Legal Affairs, the Head of Armenia-Germany Friendship Group Vladimir Vardanyan noted during the meeting held with the delegation ...

20.03.2023
Head Committee Votes for Draft: Issue of Implementing Regulations in Law on Representative on International Legal Matters Debated
The amendment refers, in particular, to the right to make a claim for applying an interim measure in the European Court and to make a similar claim in the International Court of Justice. The representative of the RA Government’s international legal matters Yeghishe Kirakosyan said this at the sittin...

20.03.2023
Armen Gevorgyan Gives a Speech at PACE Committee Meeting: Green Public Administration Should Become the Synonym of a Valuable Environment
The member of the RA NA delegation to PACE, the NA deputy of the Armenia Faction Armen Gevorgyan took part in the meetings of PACE Committee on Social Affairs, Health and Sustainable Development. The MP gave a speech at March 16 Meeting.“Dear committee members,Within the framework of the European Co...



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