The Armenian government considers the issue related to the dismissal  of Onik Gasparyan settled

ArmInfo. Chief of the General Staff of the RA Armed Forces Onik Gasparyan was relieved of his post on the basis of a constitutional norm, on the basis of the decree of  the President of Armenia dated March 10, 2021, which came into force,  as stated by the Prime Minister of Armenia in his statement on the  same day.

This is stated in the clarification of the Office of the Prime  Minister of Armenia in connection with the decision of the  Administrative Court on securing the claim, adopted in the case  concerning the head of the General Staff Onik Gasparyan.

The government recalled that Gasparyan had filed a lawsuit with the  Administrative Court to challenge the RA President's decree, which  entered into force on March 10, and to invalidate the decree on  removing him from his position.

At the same time, the executive body stated that the administrative  court returned the claim to Gasparyan on March 15, 2021, suggesting  that he replace the incorrect statement of claim with a correct one  (probably, the decision was handed over to the plaintiff, notifying  in advance, since on the same day the plaintiff submitted an amended  version).

"On the same day, an amended lawsuit was filed. Onik Gasparyan's  lawsuit against President of the Republic of Armenia Armen  Sarkissian, Prime Minister of the Republic of Armenia Nikol Pashinyan  for recognizing the absence of a legal relationship by virtue of the  right to dismiss Chief of the General Staff of the Armed Forces Onik  Gasparyan in the absence of an administrative act on the basis of the  proposal of Prime Minister Onik Gasparyan, which was accepted for  proceeding.

On March 17, 2021, the court decided to take measures to secure the  claim in the form of a temporary satisfaction of the plaintiff's  claim, namely: until the final judicial act enters into legal force  resolving the case on the merits, recognize the absence of law and  order on the dismissal of the Chief of the General Staff of the Armed  Forces Onik Gasparyan in the absence of an administrative act adopted  by the President of the Republic on the basis of the proposal of the  Prime Minister to dismiss the Chief of the General Staff of the Armed  Forces by virtue of law.

It should be noted that in accordance with part 2 of Article 139 of  the RA Constitution, the corresponding act, in this case the decree  of the RA President, operates by virtue of law. The Constitution does  not imply the possibility of retroactive effect of the act of the  said constitutional norm that has come into force.

Consequently, Onik Gasparyan was relieved of his post as Chief of the  General Staff of the RA Armed Forces, and the process of appointing a  new Chief of the General Staff of the RA Armed Forces continues  according to the procedure established by Part 2 of Article 139 of  the RA Constitution, "the Armenian government summed up.