Thursday, September 5 2019 12:40
David Stepanyan

YPC President: Decision of the Constitutional Court on the "Kocharian  case" may be followed by agreements with external forces.

YPC President: Decision of the Constitutional Court on the "Kocharian  case" may be followed by agreements with external forces.

ArmInfo.The decision of the Constitutional Court in the "Kocharyan case" may well be based on certain agreements based on compromises. And I do not exclude that  one of the contracting parties is located outside Armenia. A similar  opinion was expressed by ArmInfo, President of Yerevan Press Club  Boris Navasardyan.

"This is only one of my three versions of the development of further  events. According to the second version, the ruling elite will  declare the Constitutional Court incompetent to make this decision,  which will be an obviously weak answer, given that the same  parliament could well have made a political statement without waiting  for the Constitutional Court's decision And finally, according to the  third version, the authorities will put up with this decision, but  will continue the criminal prosecution against Robert Kocharyan, who  is at large. That will look quite logical, "he emphasized.

According to Navasardyan, the decision of the Constitutional Court is  unambiguous and cannot be interpreted in any other way. A separate,  and rather serious question, in his opinion, is the legitimacy of  this Constitutional Court. According to the YPC president, the  Constitutional Court's consideration of the "Kocharyan case",  according to a healthy logic, which does not always coincide with  legal principles, was initially incorrect, since there was an obvious  clash of this case with the interests of the majority of the CC  judges. "Moreover, in the case of a responsible attitude of the  members of the judges of the Constitutional Court to this case, they  would initially refuse to accept it in the clerical work. Which,  unfortunately, we did not see on their part. Without being a lawyer,  to predict what legal consequences this decision of the  Constitutional decision will accompany I cannot court. However, I can  say that it, unequivocally, does not proceed from the interests and  position of the country's authorities, "Navasardyan summed up.

On September 4, the Constitutional Court of Armenia partially  satisfied the claim of the defense, who was arrested on charges of  overthrowing the constitutional order, Robert Kocharian - Article 35  of the RA Criminal Code was declared unconstitutional and unlawful,  since it does not provide for the functional inviolability of  officials vested with special protection by the Constitution,  including circumstances excluding the proceedings in a criminal case  or criminal prosecution. "This article is found to be contrary to  clause 4 of part 1 of article 27, part 1 of article 61, part 1 of  article 63, articles 75 of the Constitution," the Constitutional  Court said. Thus, the court found Kocharyan's arrest  unconstitutional.

On the second appeal of Kocharyan's defense on the review of  compliance with the Constitution of Part 2 of Article 135 of the  Criminal Procedure Code of the Republic of Armenia, the  Constitutional Court recognized it as complying with the main law of  the country. This article challenged the constitutionality of the  institution of proceedings against him. Thus, the Constitutional  Court ruled that the verdicts adopted today, in accordance with part  2 of Article 179 of the Constitution, are final and come into force  from the moment they are published. At the same time, the chairman of  the Constitutional Court Hrayr Tovmasyan stated that the two judges  of the Constitutional Court - Arman Dilanyan and Felix Tokhyan have a  separate opinion, and the decision of the Constitutional Court will  be announced in full within three days.


Давид Петросян
Великий юрист и вообще специалист по всем вопросам

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