On the amendments and changes to the Constitutional Law on the Judicial Code of the Republic of Armenia and 13 pertinent laws presented to the President of the Republic for signature
The law on the amendments and changes to the Constitutional law on the Judicial Code of the Republic of Armenia and 13 pertinent laws were presented to the President of the Republic for signature by the National Assembly on March 30, 2020.
The laws were introduced by the Government with the substantiation that they would allow to enhance the efficiency of the anti-corruption measures.
In this context, the adoption and implementation of the laws should serve the purpose of further safeguarding the independence of the judicial branch as it is enshrined in the Constitution. Thus, the laws should be aimed at raising the role of the judicial system, ensuring the efficiency of the right to fair trial, as well as at upholding the principles of independence and immunity of the judges. It is important that any legal possibility of unwarranted criminal prosecution of the judges or unjustified restriction of their rights is precluded. It is equally important that as a result of the implementation of the laws, the reputation of the courts and trust toward the justice system amplify.
The President anticipates that the laws will be implemented with great responsibility, exclusive of any pressure or interference into the activities of the judicial system.
It is also essential that the requirement on presenting an ad hoc declaration, stipulated by the law “On Corruption Prevention Commission” is justified and is applied only as an exceptional measure.
The scope of the individuals required to submit a an ad hoc declaration should be defined reasonably, the extent of the demanded information should be essential and proportionate with respect to the right of individuals for private and family life, and constitutional requirements on the protection of personal data. It is also anticipated that in the course of implementation of the Law, modus operandi of the Corruption Prevention Commission remains predictable, with clear-cut standards and principles in line with the law.
The Commission must ensure that the Law is applied reasonably to the Armenians of Diaspora, foreign citizens, persons with dual citizenship or special residency status, non-resident individuals engaged in economic activities in foreign countries, who submit declarations or are taxpayers only in these particular countries, close relatives of the officials who maintain no practical relations with them, or any other individuals to whom the law may apply.
It should also be taken into consideration that for the public in general and the business circles in particular, personal data, information on business and professional activities, as well as the protection of bank secrecy are expressly sensitive issues.
Considering the fact that the scope of individuals required to present statements of condition is very large, it is essential that in the course of application of this Law, information related to these individuals is not used against them, and particularly in case of investors and entrepreneurs it must not result in unfair competition. Other pertinent and possibly negative impact must also be excluded.
The Administration of the President discussed its concerns, comments and inquiries with the Chairman of the State and Legal Issues Committee of the National Assembly and the Minister of Justice and received additional clarifications.
Today the President of Armenia signed the law on the amendments and changes to the Constitutional law on the Judicial Code of the Republic of Armenia and 13 pertinent laws.
The fight against corruption is of utmost importance. At the same time, the law must be implemented with in line with the Constitutional principles of legal certainty and proportionality. Inappropriate application of the law may undermine trust toward the state.
By the authority vested in him by the Constitution, the President of Armenia will follow closely a diligent application of the laws in compliance with the rule of law principle.