Name of the Republic of Armenia
of March 8, 2008 No. PKS-736
On case "About contest of the resolution of Central Election Commission of the Republic of Armenia "About election of the President of the Republic" number 24 - And of February 24th, 2008 based on statements of candidates for president of the Republic Tigran Karapetyan and Levon Ter Petrosyan
Constitutional court of the Republic of Armenia as a part of G. Arutyunyan (chairman), K. Balayana, G. Daniyelyan (speaker), F.Tokhyana (speaker), V. Oganesyan, Z. Ghukasyan, G. Nazaryan (speaker), R. Papayana,
with participation:
parties applicants: candidate for president of the Republic T. Kara-petyan, his representatives A. Kazaryan, G. Stepanyan,
parties applicants: candidate for president of the Republic L. Ter Petrosyan, his representatives A. Zeynalyan, V. Grigoryan, P. Oganyan,
the representatives of Central Election Commission of RA involved on case in quality of the defendant party: The chairman of Central Election Commission G. Azaryan, the secretary of Central Election Commission A. Bakhchagulyan, the lawyer D. Mantashyan involved as codefendants of representatives of Prosecutor's office of RA: deputy attorney general of RA A. Tamazyan, senior prosecutor of Prosecutor's office of RA K. Piloyan, prosecutor of Management of protection of state interests of Prosecutor's office of RA D. Davtyan; Polition R'S representatives to the Government of RA: the first deputy Nachalnik Polition of RA under the Government of RA of A. Makhtesyan, deputy chief constable of RA under the Government of RA, Nachalnik of the Main Investigation Department of G. Ambartsumyan, the representative of the National commission on television and radio - the Chairman of the National commission on television and radio G. Amalyan, the head of department of licensing of Management of licensing and technique of the National commission And. Arzumanyan, and also the leading expert of Management on monitoring and control of programs of the National commission L. Shakhbazyan,
the representatives of the candidate for president of the Republic S. Sargsyan involved as the third parties based on part 5 of article 74 of the Law RA "About the Constitutional Court": Chairman of the Permanent commission on state legal issues of National Assembly of RA D. Arutyunyan and lawyer K. Petrosyan,
according to part 5 of Article 51, to Item 3.1. Articles 100, to Item 9 of article 101 of the Constitution of the Republic of Armenia, articles 25 and 74 of the Law RA "About the Constitutional Court"
number 24-A of February 24th, 2008 based on statements of candidates for president of the Republic Tigran Karapetyan and Levon Ter Petrosyan considered in open session according to the oral procedure case "About contest of the resolution of Central Election Commission of RA "About election of the President of the Republic"".
Reason for consideration of the case were statements in the Constitutional Court of candidates for president of the Republic of T. Karapetyan of 27.02.2008 and L. Ter Petrosyan of 29.02.2008.
The constitutional court the procedural decision of February 28th, 2008 took cognizance of the statement of the candidate for president of the Republic T. Karapetyan. At the same time same procedural decision, being guided by part 4 of article 74 of the Law of the Republic of Armenia "About the Constitutional Court", as the defendant party the Central Election Commission of RA was attracted, as codefendants the Prosecutor's office of RA, Police of RA under the Government of RA, the National commission on television and radio were attracted. The procedural decision of the Constitutional Court of March 1st, 2008 to consideration adopted the statement of the candidate for president of the Republic L. Ter Petrosyan. Based on statements of candidates for president of the Republic L. Ter Petrosyan and T. Karapetyan of case, taken cognizance by the procedural decision of March 1st, 2008, according to article 39 of the Law RA "About the Constitutional Court" were integrated for consideration in one court session. Of March 1st, 2008 according to part 5 of article 74 of the Law RA "About the Constitutional Court" as the third party the candidate for president of the Republic on elections in Presidents of the Republic S. Sargsyan was attracted on February 19, 2008 with the procedural decision of the Constitutional Court.
Having heard the joint message of speakers on case, explanations of agents of the parties, having researched and having compared the arguments and anti-arguments adduced by them, and also having studied statements and other documents which are available in case, the Constitutional Court of the Republic of Armenia
ESTABLISHED:
1. Election of the president of the Republic took place on February 19, 2008 - in time, stipulated in Article 51 Constitutions of the Republic of Armenia. According to article 15 of the Electoral code of the Republic of Armenia for the purpose of the organization of vote and generalization of results of vote in the territory of the Republic 1923 polling precincts were created. For the purpose of the organization and elections according to the procedure, the stipulated in Article 171 Electoral code of RA, in the territory of the Republic 41 constituencies were created. According to article 31 of the Electoral code the three-stage system of the electoral commissions was organized: Central Election Commission, district electoral commissions and precinct election commissions. All process of elections was organized and controlled by Central Election Commission.
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