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Name of the Republic of Armenia

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF ARMENIA

of May 19, 1997 No. PKS-56

On case "About determination of question of compliance of article 17 of the Law of the Republic of Armenia "About elections of local government bodies" Constitutions of the Republic of Armenia

Constitutional court of the Republic of Armenia under the chairmanship of the Chairman of the Constitutional Court G. Arutyunyan, as a part of the vice-chairman of the Constitutional Court V. Stepanyan, members of the Constitutional Court G. Hachatryan, V. Oganesyan, G. Nazaryan, V. Pogosyan, V. Saakian, M. Sevyan,

with participation of the deputies of National assembly of RA of V. Darbinyan, F. Haratyan, V. Safaryan, the chairman of the Permanent commission of National assembly on state legal issues E representing the parties. Egoryan and deputy manager of legal service of National assembly A. Mkrtumyan,

being guided by Item 1 of Article 100 and Item 2 of article 101 of the Constitution of RA, Item 1 of Article 5, Item 2 of Article 25 and article 55 of the Law RA "About the Constitutional Court"

considered at open session case "About determination of compliance of article 17 of the Law RA "About elections of local government bodies" Constitutions of RA.

Reason for consideration of the case was the submitted application of 65 deputies of National assembly of the Republic of Armenia in the Constitutional Court.

Constitutional court, at meeting on May 6, 1997, having considered the application of 65 deputies of National assembly of the Republic of Armenia, passed the procedural decision to take cognizance of case. At the same time in the stipulated in Clause 36 Laws RA "About the Constitutional Court" procedure, for preparation of case for consideration and statements of case papers on judicial session by speakers are appointed members of the Constitutional Court G. Hachatryan and M. Sevyan.

Being guided by Articles 39, 40 and 57 Laws of the Republic of Armenia "About the Constitutional Court", the solution of the Constitutional Court the party on this case acknowledged National assembly of the Republic of Armenia which is the body which adopted the legal act which is disputed in the Constitutional Court.

Having heard the message of the speaker on this case, the member of the Constitutional Court of the Republic of Armenia G. Hachatryan, having studied and having analyzed the statement, the enclosed documents, explanations of agents of the parties, explanations of the Attorney-General of RA and the Chairman of the Supreme Court of RA, additional arguments of the parties and other documents which are available in case, the Constitutional Court of the Republic of Armenia

ESTABLISHED:

1. The addressed party considers that the judgment about summing up the second stage of elections of the head of community Achapnyak of Yerevan on November 24, 1996 according to the procedure, the stipulated in Clause 17 Laws RA "About elections of local government bodies" of June 10, 1996, is appealed in the Supreme Court of RA which in joint procedure made at the scheduled time the final decision. Therefore, this decision could not be protested by the Attorney-General of RA in Presidium of the Supreme Court of RA who in turn rescinded the decision made in joint procedure.

According to the addressed party, contradictory law-enforcement practice of implementation by Prosecutor's office and Supreme Court of RA of the mentioned Article on different similar cases caused problem of determination of constitutionality of article 17 of the Law RA "About elections of local government bodies".

Accepting that this Article corresponds to the Constitution of the Republic of Armenia the addressed party finds that the law excluded possibility of protest of jointly made decision of the Supreme Court of RA on election results.

2. The party representing National assembly of the Republic of Armenia also finds that provisions of article 17 of the Law of the Republic of Armenia "About elections of local government bodies", correspond to the Constitution of RA. That approach is at the same time shown that the circumstance of finality of the decision of the Supreme Court of RA made in joint procedure based on the mentioned Article concerns only appeals and the constitutional power of Prosecutor's office on protest in supervising procedure for the become effective resolutions, sentences and decisions of the courts by article 17 of the Law RA "About elections of local government bodies" it is not limited.

3. Law-enforcement practice of article 17 of the Law RA demonstrates "To elections of local government bodies" that the judicial board consisting of three members of the Supreme Court considered from December 16, 1996 to May 12, 1997 41 claims to the court decrees and decisions connected with elections of local government bodies.

To further appeal and protest chairmen at meetings of judicial board announced finality of the decision of judicial board of the Supreme Court, its not sublying in case of declaration of the decision passed on each case.

From 41 decisions on similar cases made in the Supreme Court of RA in joint procedure, the Attorney-General of RA in supervising procedure protested only the above-stated decision passed in connection with elections of the head of community Achapnyak of Yerevan. At the same time from December 16, 1996 to May 12, 1997 in Prosecutor's office of RA claims to 11 cases of such nature considered in courts arrived, on two of them the Prosecutor's office of RA gives the answer that the decision of the Supreme Court of RA made in joint procedure according to article 17 of the Law RA "On elections of local government bodies" is final and to protest in supervising procedure is not subject.

4. The constitutional court fixes that in the course of application of article 17 of the Law RA "About elections of local government bodies" law enforcement officials showed various and contradictory approach to the provisions enshrined in this Article, to Articles 5, of 93, of 103, of 110, to Items 7, of 12, of the 13th article 116 of the Constitution to the RA and provisions enshrined in Chapters 23, of 34, of 35, 36 Civil Procedure Codes RA, accepted in 1964 and not undergone to change in part of elections.

Approach to that question was inconsistent that the legislation on elections accepted on the basis of the Constitution of RA governs also such state legal relations which purpose is forming in pursuance of Articles 2, of 3, of 27, of 50, of 51, of 68, of 105, 110 Constitutions of the Republic of Armenia of electoral institutes the authorities of the republic at the scheduled time.

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