Venice Commission delivers opinion on Article 300.1 of Armenia’s Criminal Code

Panorama, Armenia

The Venice Commission adopted on Thursday an amicus curiae brief relating to Article 300.1 of Armenia’s Criminal Code which penalizes overthrowing the constitutional order requested by the country’s Constitutional Court.

For the amicus curiae brief, the Constitutional Court of Armenia has asked the Venice Commission five specific questions:

1) Do the offences against the constitutional order prescribed in the criminal laws of the member States of the Venice Commission contain references to constitutions or their specific articles?

2) How are the concepts of constitutional order, overthrow of the constitutional order, usurpation of power described in the relevant legal acts of the member States of the Venice Commission and, in particular, in criminal laws, and are there judicial interpretations of these concepts?

3) Which are the European standards for the requirement of certainty of a criminal law?

4) Do the legislations of the member States of the Venice Commission stipulate a similar offence to the one prescribed in Article 300.1 of the Criminal Code of the Republic of Armenia?

5) If so, which is the best practice from the perspective of legal certainty?

The Venice Commission’s secretariat has received information from most of the members of the Venice Commission with respect to the above-mentioned questions. As the material received is not comprehensive and shows significant differences in the issues addressed and the detail provided, the conclusions drawn can only be tentative.

According to the commission, when it comes to dealing with offences against the constitutional order (or its equivalent), national constitutions and legislation tend to vary among Venice Commission member states. In countries in which offences against the constitutional order – described as such – exist in the criminal law, an explicit reference to specific articles of the constitution seems to be lacking.

On the other hand, a number of constitutions explicitly refer to the duty of respecting the constitutional order, however while some define it

Nonetheless, the conclusion may be drawn that most (if not all because the terms used slightly differ as seen above) of the criminal law provisions implicitly refer to the constitution by citing certain constitutional principles, such as sovereignty, territorial integrity, principle of democracy, or by referring to certain constitutional institutions, such as parliament, institutions/government organs established by the constitution. By means of such references, criminal law provisions indirectly refer to the respective articles of the constitution that specify these principles or establish and govern these institution, the amicus curiae brief states.

In most member states, statutory provisions do not provide any legal definition of the concept of “constitutional order” or what would constitute “overthrowing the constitutional order” or the “usurpation of power”.

In conclusion, member states, for the most part, report that the statutory provisions governing these concepts have not been applied to this day. Therefore, there seems to be no common best practice as to the factual circumstances.

With respect to the prohibition of retroactivity of criminal laws and the requirement of providing sufficiently clear and precise definitions of criminal acts in laws, criticisms of imprecisions regarding the concepts of constitutional order and the overthrowing of the constitutional order might be appeased in the knowledge that there seems to be a convergence among the member states of the Venice Commission to leave these concepts undefined or imprecise. Hence, no conclusion can be drawn with respect to what constitutes a best practice from the perspective of legal certainty.

Nevertheless, in view of this principle and the principle of proportionality, it seems only reasonable to expect that the more broadly the statutory provision is worded, the more consideration should be given to the individual freedoms and basic rights of the accused. Such a provision should be interpreted narrowly, taking into account the principle in dubio pro reo, the amicus curiae brief concludes.

The Venice Commission says it remains at the disposal of the Armenian Constitutional Court for further assistance in this matter.

We will continue reforms irrespective of resistance and obstacles – PM Pashinyan

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 20:22,

YEREVAN, JUNE 18, ARMENPRESS. During the last two years Armenia implemented comprehensive reforms for establishing firm democratic institutions based on rule of law and accountability of the Government, ARMENPRESS reports PM Pashinyan said during a video conference of Eastern Partnership summit.

‘’Fight against corruption and reforms of the judicial system are included in our agenda. But our efforts confront the tough resistance of the previous oligarchic and corrupt circles. Those who are afraid of lose their illegally obtained property rely on media manipulations and spread false information aimed at sowing distrust towards the government and blur the efforts aimed at struggling against the coronavirus pandemic.

Despite all those obstacles, we will confidently continue reforms for making democracy irreversible in Armenia’’, Pashinyan said.

Editing and translating by Tigran Sirekanyan

FM says Armenia has its interests in the Middle East

News.am, Armenia

11:56, 11.06.2020
                  

Armenian MP: Whitefish stocks in Lake Sevan under threat

News.am, Armenia

15:24, 10.06.2020
                  

Sports: Russian Football Union to exempt Armenian footballers from ‘legionnaires’ quota

Panorama, Armenia
June 9 2020

The Executive Board of the Russian Football Union (RFU) will exclude footballers from Armenia, Kazakhstan and Kyrgyzstan from the list of foreign athletes, often called as the legionnaires, allowed to play for Russia’s football clubs. As sports.ru reports, the decision will be adopted during RFU Board meeting on Tuesday.

The decision is explained by the fact that Russia, Armenia, Kazakhstan, Kyrgyzstan and Belarus are EAEU member states and their citizens are not considered legionnaires in the Russian Premier League. Earlier, a similar decision was adopted with regard to football players from Belarus.

To note, the Russian Premier League (RPL) is currently exploiting the ‘6+5’ quota, which means that not more than six foreign players could be simultaneously playing for one club on the field during the match time.

‘legionnaires’-quota/2306821

PM Pashinyan explains the decline of recoveries from coronavirus

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 20:20, 5 June, 2020

YEREVAN, JUNE 5, ARMENPRESS. When compiling statistics in the past, the number of recoveries from coronavirus was calculated from all positive-tested citizens, but now it’s calculated from patients in serious or critical situation, ARMENPRESS reports PM Pashinyan said in a briefing following the session at the Commandant’s Office.

”I can bring my example. I and my faily show no symptoms and if it continues like this, we will recover without any medical intervention. We will be included in the data of positive-tested citizens, but will not be included in the data of recovered citizens, since we receive no treatment’’, Pashinyan explained.

A total of 11,817 coronavirus cases have been confirmed in Armenia by June 5. Death toll is 183. Another 69 deaths have been recorded for patients who were infected with coronavirus but died of other causes. State of emergency has been prolonged until June 13 in Armenia.

Edited and translated by Tigran Sirekanyan

The Literary Armenian News – Rocks in The Garden – 05/25/2020


Rocks in the Garden

Rocks in a garden, isolation, invocation
Rocks in a garden, sizes, shapes, colors
Gray in intent, rocks in a garden, huddled
Yet sparse, mutually repelling, poke marked
Aged agents, crazed edges, sharp chirped tones
Rocks in a garden where birds streak white tales
Birds of all colors, shapes, sizes, rocking in a garden
We age inside the house, far from the garden, glass covers
Windows and curtains, pots and pans, cats and bowls
Not in the garden, no rocks up the inclined burden
Remote control, wifi, surround sound, creature comfy
No rocks but music, no garden but in salads, no in, no a.
Tales of cats, curses, birds, fences, trees dreaming of answers
I write for rocks moved in the garden, you, smiling off camera. 


Bedros Afeyan
5-21-2020
Pleasanton, CA

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Dr. Bedros Afeyan ([email protected]) is the editor of The Literary Armenian News (TLG), and will consider works not only of poetry, but also in the area of short fiction. Quality of language, excellence of translation, quality of song and images are all crucial to the aesthetic value of any work up for consideration.
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Armenian minister of territorial administration tests negative for coronavirus

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 13:43, 14 May, 2020

YEREVAN, MAY 14, ARMENPRESS. Armenia’s minister of territorial administration and infrastructures Suren Papikyan has tested negative for the novel coronavirus, his spokesperson Armine Muradyan told Armenpress.

“The minister passed testing on May 13, and the result was negative. He feels well, just he and some staffers of the ministry are currently self-quarantined because they have contacted the infected people”, the spokesperson said.

Earlier today, at the Cabinet meeting, Deputy Prime Minister, State of Emergency Commandant Tigran Avinyan said that minister Papikyan has been self-quarantined. “Unfortunately, we have confirmed cases of the novel coronavirus in the ministry of territorial administration and infrastructures, and today Mr. Papikyan is self-quarantined for that reason, therefore, I am reporting the issue”, the deputy PM said.

According to the latest data, the number of confirmed coronavirus cases in Armenia has reached 3,860, out of which 1,572 patients have already recovered.

Reporting by Norayr Shoghikyan; Editing and Translating by Aneta Harutyunyan

Internet Use in Armenia: Toward a Greater Role for Digital Tools in Economic Development

World Bank Group

  • Siddhartha Raja
  • Gohar Malumyan

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Although fully 96 percent of households and 83 percent of small and medium enterprises (SMEs) have internet connectivity in Armenia, some surprising gaps remain in how people use this access. Quite simply, there is still a huge untapped market for online services, as the data suggest that many people and businesses are leaving digital opportunities on the table. This final blog of the series discusses why individuals and businesses might still be offline and proposes public policies that can expand the use of these technologies, thereby enhancing economic growth and building resilience for the future.

Individuals, businesses, and governments across the globe have been going digital in order to continue to function during the COVID-19 pandemic. In the longer term, these digital tools and networks can unlock new opportunities. Businesses can become more productive, access new markets, and prepare for future growth. Individuals – as citizens, consumers of goods and services, and participants in the labor market – can connect to information, services, and markets and seek out new avenues for social and economic development.

There is plenty of scope for change. Anecdotal evidence suggests that in the wake of social distancing and other measures to cope with the ongoing crisis, many people and a good number of businesses have switched to online activities. Yet at the same time, a survey that we conducted in late 2019 found that roughly 58 percent of the small businesses that did not use digital technologies in their business operations claimed that IT was not relevant, and 50 percent of the unconnected households similarly claimed that they did not consider the internet to be necessary or useful.

Online but not fully digital

These unconnected households and businesses are representative of a larger group of people who still have not been using the full range of services available on the internet. For example, only 13 percent of internet users had engaged in online shopping in the preceding three months, only 5 percent had used internet banking, about a third had sought health-related information, and only a sixth had accessed e-government services. For some specific practices, such as seeking health information, utilizing internet banking, or finding a job, Armenia’s numbers are lower than in the European Union but also than in neighboring Georgia, which has a similarly high rural population.

 

Small businesses in Armenia also do not seem to be taking advantage of digital opportunities. Although 43 percent use IT in sales and a third in customer relations management, only a fifth make payments to suppliers digitally and just a third pay their taxes online. In addition, the awareness of advanced technologies is at a low level among companies. Less than one-third of SMEs have heard of such basic enterprise management solutions as ERP, CRM, or electronic invoicing systems. Awareness of even more advanced technologies, such as IOT, artificial intelligence (AI), blockchain, 3D printing, and others, is, unsurprisingly, even lower. This indicates that there is a substantial awareness gap with regard to the technological possibilities available.

The quality of connectivity matters as well. As we have discussed, even though most households are connected, there are gaps still to be addressed. The first is in the types of connections that people have: 60 percent of rural households and 75 percent of urban households have fixed broadband connections. The rest rely on mobile connectivity, which might limit their ability to participate in online learning, for example, or benefit from tele-medicine services. And only a small share of connected households had subscribed to connections of over 100 Mbps; the rest are likely to face difficulties in obtaining reliable internet access, especially if multiple household members go online at the same time.

Even among the businesses surveyed, almost half did not know what speeds they had subscribed to (which is interesting, since it represents a business expense), and only 7 percent were connected to speeds above 100 Mbps. A quarter of connected firms reported that they had had connectivity issues in the past year, the most frequently reported problem. Again, this suggests that there is significant scope to improve access to reliable and high-quality broadband connectivity and hence create the foundation for a more digital economy in Armenia.

Positioning for a digital future

We think that positioning people and businesses to be able to more successfully use digital technologies will help Armenia to build both economic growth and resilience in the future. This effort will help more people and businesses connect to markets, services, and each other – thereby boosting productivity and inclusion, ensuring the continuity of services and business even during a crisis, and opening new channels to learning and earning.

What, then, might be the necessary focus areas for public policies? The gaps in access to and the use of high-speed fixed broadband are clear. Access to these networks can be boosted by increasing competitive pressure in the market to extend the progress that has been made thus far – Armenia’s internet market has grown quickly as its telecommunications and internet service providers have competed and invested. Any currently remaining barriers to the expansion of high-speed networks will need to be identified and addressed.

Even so, there will be places and users who remain out of reach of the market, either because of high-cost locations or because of commercial unviability. In these cases, public policies can strategically attract investment through arrangements such as public-private partnerships. There are many examples of similar programs from around the world, from Asia (e.g., Republic of Korea) to Europe (e.g., Finland, Lithuania, Germany).

Efforts will need to go beyond connectivity infrastructures, however, to also creating incentives to encourage more businesses and households to come online and link with the full range of digital services. Here, programs will need to address the existing barriers to adoption, such as the lack of applications and skills, resource constraints, and weak incentives to change business models when returns are unclear. Supporting the digital transformation of small businesses might be difficult, but the results can unlock gains for a large part of the economy.

These efforts can be complemented by programs that address gaps in digital capabilities among individuals, build awareness about relevant use-cases, and accelerate and sustain the digital transition that begins as people and businesses go online. Such policies would ensure that everyone in Armenia -irrespective of location or income – can gain access to the economic opportunities and digital dividends that technology can offer.




Covid-19 aid: Armenia distributes $145m among legal entities, individuals

PanArmenian, Armenia

PanARMENIAN.Net – Armenian Prime Minister Nikol Pashinyan said Monday, May 11 that AMD 70.3 billion (more than $145 million) have so far been distributed within 17 aid packages, designed to alleviate the economic impact of the coronavirus pandemic in the country.

The money has been distributed among legal entities and individuals alike, Pashinyan said in a Facebook post.

Armenia has extended the state of emergency in the country by May 14 but removed most restrictions.

So far, 3392 cases have been announced, 1359 people have recovered, 46 have died from the coronavirus in the country, while 17 others carrying the virus have died from other causes.