Future of Armenian-Russian “gas” deal depends on Constitutional Court – opinions
The best way to dispute a legal act adopted in violation of the law is to declare it unconstitutional and invalid, Artak Zeynalyan, a human rights activist, has said, commenting on the controversial Armenian-Russian natural gas agreements debated by the parliament earlier this week.
“Whether a National Assembly decision or a law, it conflicts with the Constitution and will be declared null and void,” he told Tert.am, adding that he can make his position more clear after getting familiarized with the non-coalition forces’ arguments for appealing to the Constitutional Court.
The agreements on the sale and purchase of ArmRosGazprom (Hayrusgasard) company’s shares were put on the National Assembly’s agenda on Monday. The parliament members had to vote by show of hands after Zaruhi Postanjyan of the opposition Heritage faction had collected the electronic voting cards from representatives of the ruling Republican Party of Armenia.
Four members of the NA Counting Commission consider the voting illegal, saying that the Commission’s chairman, Sukias Avetisyan, counted the votes alone, thus breaching the National Assembly’s Rules of Procedure.
Chairman of the Helsinki Citizens’ Assembly’s Vanadzor Office Artur Sakunts says he doubts that the appeal addressing procedural violations will be seriously considered by the Constitutional Court.
“The statements definitely testify to violations. I am sure and I insist that there have been procedural violations because we do not have the Counting Commission’s conclusion summing up the vote results,” he said.
Naira Zohrabyan, the secretary of the Prosperous Armenia faction, says the non-coalition forces base their reasons on the argument that the Commission’s chairman acted in breach of the law during the voting.
“The Counting Commission did not work, so there was no voting as such. That means that the Republic of Armenia has not de jure ratified such an agreement. The Counting Commission is valid only when there is a decision by the ruling majority, but there wasn’t any decision at all, because the commission did not convene a session. So it is now up to the Constitutional Court to decide on the matter,” he added.
Asked about their expectations, Zohrabyan said she doesn’t pin much hope on the Constitutional Court. “I personally do not pin much hope but that doesn’t mean we should refrain from appealing to the Constitutional Court in an attempt to dispute the measure because this is one of our ways to future steps,” she explained.
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