Category: 2019

V:Prime Minister Nikol Pashinyan was on a working visit to Nur-Sultan, the capital of Kazakhstan, on May 28-29, where he participated in the session of the Eurasian Higher Economic Council. It is jubilee. The 5th anniversary of the signing of the Treaty on the Eurasian Economic Union (EEU) and the establishment of the organization has passed. As part of the visit, Nikol Pashinyan had official meetings with the first president of Kazakhstan, Nursultan Nazarbayev, as well as with the current president, Kasim-Jomart Tokayev. Pashinyan and Nazarbayev exchanged thoughts on Armenian-Kazakh relations, referred to the settlement process of the Nagorno-Karabakh conflict, emphasized regional peace and stability.

The Prime Minister then visited the Armenian Embassy in Kazakhstan, and also met with local Armenian business circles.

… The fact that the Prime Minister of Armenia was met at Nur-Sultan International Airport by the second-ranking figures of the state is telling in itself. Sometimes this is how many people judge the official attitude of the host towards the given country. Kazakhstan and its long-time leader did not stand out for their kindness towards Armenia. Being included together with our country in the same security system, CSTO, Kazakhstan, in the person of Nazarbayev, always unilaterally supported Azerbaijan in Artsakh, and openly represented its national interests. We had the opportunity to write about it and now we think that the discussion of the topic has no mind. Instead, let’s consider two key points of view related to the current visit to Kazakhstan: the agenda of the session in question and the traditional meeting of the Prime Minister with Armenian businessmen.

The agenda of the meeting of the Supreme Economic Council was obviously full. 2018 of the EAEU were discussed. to international activities, development of cooperation with third countries, 2019-2020. The macro-economic policy of the member states of the Union, the implementation of the EAEU digital agenda, the steps taken to ensure the free movement of goods and services and a number of other issues. Jubilee event of EATU Summarize the work of the summitl e:n:in the structure this year chairman՝ Q:Q: the prime minister and: Head of Eurasian Economic Commission Tigran Sargsyan. The idea of ​​the Eurasian Union was voiced 25 years ago by the President of Kazakhstan, Nursultan Nazarbaand:uh which and is considered the godfather of this union. On this occasion, the President of Kazakhstan Kasim-Jomart Tokaand:Nazarbaand:awarded medals in the name of Russia, Belarus and: To the presidents of Kyrgyzstan. The summit decided to adopt the next session of the Eurasian Higher Economic Councilthe On October 1, 2019, Yerand:about spending.

Coming to Nikol Pashinyan’s meetings with Armenian business circles, in general, it should be noted with pain that they are not in a hurry to invest in the historical homeland. And that is understandable. capital has no nationality – it is guided by common sense, not emotion. For any investor, including Armenians, Armenia is valued, first of all, by the attractiveness of the investment environment. Two important factors – the instability of the new government and the danger of the Armenian-Azerbaijani war due to the Artsakh conflict – are today a serious obstacle for potential businessmen who want to invest in Armenia. Another no less important factor, which is also far from perfect, is the arrangement of the investment policy, particularly the favorable legal framework. The legislative base regulating the sector has cracks, which is talked about a lot, but, as they say, “the cart does not move”. That is why, during almost all visits abroad, the meetings of Nikol Pashinyan and other high-ranking officials of the country with Armenian business circles do not go beyond promises. “In my deep conviction, big investors go after talented people, and our task is to show that there are talented people living in RA, who can not only realize their dreams, but also create an environment for the dreams of others,” Pashinyan said at the conference on investment business programs held on May 27 in Syunik region.

Well, if so many talented people lived in Armenia, perhaps we wouldn’t need any investors, Armenia would simply become a country that exports high technologies and modern artificial intelligence devices, and that’s it.

M:On May 27, Prime Minister Nikol Pashinyan received the co-chairs of the OSCE Minsk Group, as well as the personal representative of the OSCE Chairman-in-Office, Andrzej Kaspszyk, who visited the region on a visit to the region. As “Armenpress” was informed by the information and public relations department of the Prime Minister’s office, the interlocutors discussed the process of settlement of the Nagorno Karabakh conflict, including issues related to the formation of an atmosphere conducive to peace. In this context, the implementation of the agreements reached at the Vienna summit was emphasized. The necessity of strengthening the ceasefire regime and avoiding tension-causing actions was emphasized. Prime Minister Pashinyan and the co-chairs of the OSCE Minsk Group discussed the possibilities of taking steps in the field of humanitarian and people-to-people contacts. The mediators also met with the Ministers of Foreign Affairs and Defense of Armenia. The next day, May 28, they left for Stepanakert, and from there to Baku.

… The mediators held discussions in Karabakh for the last time on October 30, 2018. This time at the meeting with the Artsakh president in Stepanakert the situation at the borders and the latest developments were discussed. Bako Sahakyan, according to the official report, stressed the issue of restoration of full negotiation format and participation of Artsakh in all stages of conflict settlement. The issues related to the full involvement of Artsakh in the negotiation process, as well as the formation of an environment of peace, humanitarian interaction, and the establishment of people-to-people contacts were also discussed yesterday during the meeting of the co-chairs with the Minister of Foreign Affairs of Armenia in Yerevan. According to Davit Babayan, the spokesman of the NKR President, apart from the conflict from the topics of peaceful settlement and restoration of the full negotiation format,Official Stepanakert presented a number of other issues at the meeting, especially the issue of military exercises frequented in Azerbaijan. And indeed. This is illogical behavior for a country committed to preparing its own society for peace. According to Babayan, two weeks ago, Azerbaijan again held a large military exercise jointly with Turkey. “This, if I am not mistaken, is the fifth or sixth military exercise that Azerbaijan is conducting, which shows the real goals of that country. They don’t even hide it. During the last military exercises, the soldiers were lined up and written: “We must capture Shushi”“, the spokesman of the President of Artsakh told the journalists.

Azerbaijan, as is known, accepts with bayonets the demands of the Armenian side of Karabakh’s participation in the negotiations. Referring to the Armenian Prime Minister’s position that Karabakh should be involved in the negotiation process, Azeri Foreign Minister Elmar Mamedyarov once again noted that the current format of negotiations was decided back in 1992, the rest, according to him, is an attempt to delay the negotiation process. According to some observers, not only the official Yerevan and Stepanakert, but also the OSCE Minsk Group and even Azerbaijan should be interested in involving Artsakh in the negotiation process, if its desire for a fair solution to the problem is sincere. The statement of the Foreign Minister of Azerbaijan proves the opposite. it can be assessed as a lack of will and readiness to solve the problem in a political way. On the other hand, the fear of Azerbaijan can be understood. Sitting at the negotiating table with Artsakh will mean indirectly recognizing the subjectivity of NKR. Probably, official Baku approaches the problem from this point of view, and there is some sense in it.

In any case, sooner or later, Baku will have to sit face to face and talk with the immediate side of the conflict, if, of course, it strives for peace and really intends to get out of the impasse.

Gevorg Lalayan commented

On May 28, Armenia celebrated the Republic Day. Exactly 101 years ago, the creation of the Republic of Armenia was announced, and after a nine-century break, Armenian statehood was restored in the Armenian Highlands. On the occasion of the holiday, the presidents of Armenia and Artsakh, the Catholicos of All Armenians, high-ranking officials, public and political figures, organizations delivered congratulatory messages. The leadership of Armenia, headed by Prime Minister Nikol Pashinyan, visited the Sardarapat Memorial, where ceremonies dedicated to the Republic Day took place.

On May 29, another four-day session started in the National Assembly, the agenda of which includes 41 issues, including the issue of electing a judge of the Constitutional Court. Artur Vagharshyan is the candidate for judge of the Supreme Court, his candidacy was presented by President Armen Sargsyan. On the same day, the National Assembly rejected Vagharshyan’s candidacy for the post of judge of the Constitutional Court with a ratio of 53 votes to 30 votes. The latter was the fourth candidate presented by RA President Armen Sarkissian. The National Assembly did not approve the three previous candidates presented by the president: Gor Hovhannisyan, Vahe Grigoryan and Emil Babayan.

Judge Davit Grigoryan, who released the second president of Armenia, Robert Kocharyan, made a decision to suspend the proceedings in his case and sent the case to the Constitutional Court, took back the case materials from the Supreme Court in order to copy them and send them to the Court of Appeal. According to Judge Grigoryan’s office, the case materials are now being copied. Let’s remind that on May 18, the judge of Yerevan Court of Common Jurisdiction, Davit Grigoryan, made a decision to replace Robert Kocharyan’s preventive detention with a personal guarantee, and on May 20, he suspended the case and sent it to the Constitutional Court.

France24 reports that Ukraine’s new president, Volodymyr Zelensky, has restored former Georgian president Mikheil Saakashvili’s Ukrainian citizenship, nearly two years after he was stripped of his citizenship and deported.

BBC writes that Saakashvili renounced his Georgian citizenship when he assumed the post of governor of Odesa. However, after more than a year in office, he came out against Poroshenko and, joining the opposition, held anti-corruption demonstrations against his former ally.

According to The Guardian, Israel’s parliament voted for self-dissolution after Benjamin Netanyahu failed to form a government. The Knesset voted to hold new elections in September. As the periodical notes, the coalition negotiations were stopped because the former defense minister Avigdor Lieberman refused to support the prime minister. For a majority in Israel’s parliament, Netanyahu needed the support of Lieberman’s ultra-nationalist party.

The New York Times reports that after weeks of negotiations, Netanyahu’s attempts to form a coalition with secular ultra-nationalist and ultra-Orthodox factions failed as the factions refused to compromise on proposed military service legislation that would have banned ultra-Orthodox conscription.

Prepared by Marina Muradyan

The events connected with the arrest and then the re-release of the second President of Armenia, Robert Kocharyan, gave rise to a political resonance in Armenia, comparable to a seven-point earthquake. The judge, who made the decision to release Kocharyan from the courtroom, forced political forces not only in Armenia, but also in Artsakh to play in the open, laying all the cards on the table. For society, as a whole, this is a positive phenomenon, because it allowed us to produce a kind of lustration of all political forces and show the people who is who and who protects whose interests. As for the judicial system as a whole, the fundamental reform of which was spoken a year ago, this court decision was the last straw for breaking the old judicial system — corrupt from top to bottom, starting with the Constitutional Court — and building a new one.

It should be noted that Armenia received positive feedback from Europe and the United States on this decision of the government. Thus, the PACE co-rapporteurs on monitoring in Armenia, Yulia Levochkina and Andrei Shirchel, stated that the independence of the judiciary is a necessary condition for the rule of law and is best ensured by the absence of any interference from political actors. The US Embassy issued a statement saying, in particular, that the United States is ready to help strengthen an independent judiciary in Armenia, which includes efforts against corruption and the formation of rule of law institutions. Senior expert of the International Center for Transitional Justice Ruben Carranzan arrived in Armenia.

However, in all statements of Western circles, it was emphasized that reforms in the judicial system and vetting should be carried out strictly within the law. And some did not support Pashinyan at all. Thus, the former Polish ambassador to Armenia, Marek Novakovsky, stated that “he was surprised that the Prime Minister of Armenia Nikol Pashinyan appealed to block the buildings of the courts.” The ambassador is concerned that the stock of public confidence granted to Pashinyan may quickly run out.

A year ago, experts spoke about the reforms not only of the judicial system, but also of the importance of the immediate adoption of laws on property, parties and elections. However, could these laws be drafted and adopted, taking into account today’s realities, if the Basic Law – the Constitution, which was written to legitimize the power of one person Serzh Sargsyan – remained and now remains unchanged? Of course not.

During this time, it would be possible to write a new constitution in accordance with the spirit of the time, discuss and adopt it. Now, if we want to adopt a new law or reform the judicial system, there have always been and there are still people and organizations who claim that the law or reform does not comply with the Basic Law and all actions of law enforcement officers are aimed at settling accounts by the new government. As a result, all suspects flee to Russia, which does not betray its “own,” turning them into political martyrs. And this is despite the fact that in Armenia they are not persecuted for political reasons, but for purely criminal cases. This, of course, is Russia’s business, but it should be noted that such an approach does not clearly increase the percentage of the pro-Russian-minded population of Armenia.

Here we are in such troubled times. The absence of a property law gives rise to constant disputes in society — why a bribe-taker who plundered the country was not imprisoned, and he is walking free. But this law could clearly distinguish the difference between the stolen or legally earned. In this case, the courts could make the right decisions, and the people would be happy, because everything stolen would go to the treasury. And so, all corrupt officials are quietly walking around in Armenia, and if they feel the danger, they immediately flee to Moscow. Our law enforcement officers, with enviable consistency, give them the opportunity to escape from the country, and then make excuses that they cannot be caught. Only it is not clear who is deceiving whom.

Of course, vetting, about which people talk so much, is necessary. However, it will not be able to solve all the above problems without adopting a new Constitution.

France24 informs that Ukraine’s new President Volodymyr Zelensky on Tuesday restored the Ukrainian citizenship of former Georgian leader Mikheil Saakashvili, less than two years after he was stripped of it and expelled.

BBC writes that Mr Saakashvili gave up his Georgian citizenship when he took the position of governor in Ukraine. But after holding the post for more than a year, he fell out with Mr Poroshenko and joined the opposition, leading anti-corruption rallies against his former ally.

Mr Saakashvili was stripped of his Ukrainian citizenship in 2017 but later re-entered the country, promising to confront the president.

He was then deported from Ukraine in February 2018 and banned from entering the country for three years.

The Guardian writes that Israel’s parliament has voted to dissolve itself after Benjamin Netanyahu failed to form a government, in a move that will lead to a second round of elections just one month after the country held a national poll.

At a suspenseful gathering that ended weeks of unsuccessful bartering and brinkmanship, the Knesset voted to disperse and call new elections, set for 17 September.

It is reported that coalition talks stalled after far-right former defense minister Avigdor Lieberman, a Netanyahu ally-turned-rival, refused to back the prime minister.

Netanyahu needed support from Lieberman’s ultranationalist party, Yisrael Beiteinu, for a majority in Israel’s parliament.

The New York Times writes that after weeks of negotiations, Netanyahu’s plans ran aground on a power struggle between two blocs of his potential right-wing coalition — the secular ultranationalist and ultra-Orthodox factions — who refused to compromise on proposed legislation on military service.

Mr. Lieberman, whose five seats made him a kingmaker, said he supported Mr. Netanyahu but had refused to compromise with religious parties on a law that would end the wholesale exemption of ultra-Orthodox men from the military draft.

Prepared by Marina Muradyan

On May 29, on the day of the regular session of answering the questions of the members of the government in the National Assembly, the Speaker of the National Assembly Ararat Mirzoyan found himself in an uncomfortable situation. Before the session, journalists asked Mirzoyan whether it was a violation of the law that the prime minister was not present at the question-and-answer session with the government that day [1]. The latter first insisted that it was not a violation of the law and urged the journalists to read the law. “If the member of the government, including the prime minister, is not in the country, then naturally he cannot be here,” said the Speaker of the National Assembly. However, journalists persistently began to remind Mirzoyan that on such a day in 2017, when Prime Minister Karen Karapetyan was not present at the NA-Government question-and-answer session due to his absence from the country, at that time, opposition MP Nikol Pashinyan interpreted Article 80 of the Constitution in a completely different way, claiming that “if anyone is the Prime Minister of the Republic of Armenia, on this day, at this time, he cannot be found anywhere else on earth, except here” [2].

In order to avoid commenting on the statement made by Nikol Pashinyan in the past, the Speaker of the National Assembly had to look for explanations to get out of the awkward situation. “Anywhere in the world… It’s a very absurd interpretation of the law. I don’t remember the specific episode and the context. If a person is not in the country, let’s say he has gone on a business trip or is on vacation, how can he come to this hall on Wednesday,” Mirzoyan countered. However, the journalists did not give way and reminded again that it was Pashinyan who claimed so. “Dear people, I don’t remember. Let’s open it and take a look, because maybe Mr. Pashinyan meant that he was in the country, but he did not come to the National Assembly,” the speaker said and hurried to leave.

The presented situation is an occasion for political evaluations and comments. Many citizens and politicians began to accuse the current leaders of making irresponsible statements, showing lack of principles, and being guided by double standards.

However, NA Speaker’s answers to journalists’ questions were logical. Therefore, the source of the error of the two different standards that are currently outstanding comes either from the desire to get a populist effect from Nikol Pashinyan’s speech in 2017, or from the legally imperfect wording of Article 80 of the Constitution. And since Nikol Pashinyan’s interpretation of this provision of the Constitution cannot be seen among the “provocative news” mentioned in his 2017 speech, therefore it remains to interpret Article 80 of the Constitution based on the literal meaning of the words and expressions contained in it, and talk about the defect or imperfection in the Constitution.

Today, it is unlikely that any sane person would be against the statement that our Basic Law was amended in 2015 and passed with falsehoods in order to implement the political plans of Serzh Sargsyan and the entire criminal-oligarchic system. It is in today’s Constitution that one can find many falsifications, shortcomings, ambiguities, anti-democratic formulations, which constantly inhibit the work of state building.

It seems that after the “velvet” revolution, the recovery of the political system had to start from the foundation, constitutional changes. Unfortunately, the task of implementing radical changes in the country is facing the wall of the government’s unwillingness. the executive seems to lack the political will to reform the country’s Basic Law.

That is also the reason why many officials objectively find themselves in an uncomfortable situation for a year, they are unable to accept and consider the negative phenomena that are taking place in the light of the constitutional regulations. Such behavior gives rise to public dissatisfaction with the activities of the government. Sometimes it is necessary to make a “very absurd interpretation” of the law on this or that issue, not to mention that our main political agenda is to abandon Serzh Sargsyan’s “super-presidential” Constitution and initiate the process of adopting a new reformed Constitution.

It can be confidently asserted that in the coming months there will be many challenges that will make the government face the facts, forcing them to either admit that the main evil for the country is the current Constitution, or accept the fact of the decline of public trust in their activities. There is a simple truth that everyone should accept. if citizens in a constitutional republic and their elected leaders not only do not take care of the “needs” of the public contract that regulates their lives, the Constitution, that is, they do not deal with it, moreover, they despise its role and significance, then one must be prepared that the Constitution itself will deal with them, their destiny one day.

Saro Saroyan

https://acnis.am/hy/analysis/20-2019  

The events related to the arrest and release of the second RA president, Robert Kocharyan, caused a strong political response, comparable to a seven-point earthquake. The judge who made the decision to release Kocharyan from detention forced the political forces not only of Armenia but also of Artsakh to play openly, putting all the cards on the table. It is a positive phenomenon for the society taken as a whole, because it allowed to conduct a unique lustration of all political forces, to show the people who they are and whose interests they protect.

As for the entire judicial system, the radical reform of which was talked about a year ago, that decision of the court was the last drop of people’s dissatisfaction, starting with the Constitutional Court, in terms of the demolition of the old, top-to-bottom corrupt judicial system and the construction of a new one. It should be noted that Armenia received positive reactions from Europe and the United States for that decision of the government. Thus, PACE co-rapporteurs for the monitoring of Armenia, Yulia Levochkina and Andrey Shirchel, stated that the independence of the judiciary is a necessary condition for the rule of law and is best ensured by the absence of any interference by political entities. The US Embassy also issued a statement, which specifically states: “The United States is committed to supporting the strengthening of an independent judiciary in Armenia, which includes anti-corruption efforts and building rule of law institutions.” Ruben Carranza, senior expert of the International Center for Transitional Justice, came to Armenia.

However, in all the statements from the western circles, it is emphasized that the reforms of the judicial system and “veting” should be conducted strictly within the limits of the law. Some did not support Pashinyan at all. For example, the former ambassador of Poland to Armenia, Marek Nowakowski, stated that he was “surprised that Prime Minister Nikol Pashinyan appealed to block court buildings.” The ambassador is worried that the stock of public trust given to Pashinyan may run out quickly.

Experts were talking about the importance of the immediate adoption of laws on elections, not only on reforms of the judicial system, but also on ownership, parties, and elections a year ago. However, could those laws reflecting today’s realities be developed and adopted, if the Basic Law, the Constitution, which was written to legitimize the power of one man, Serzh Sargsyan, remains unchanged today. Of course not. During this time, it was possible to write, discuss and adopt a new Constitution appropriate to the spirit of the time. Now if we want to pass a new law or reform the judicial system, there have always been and there will be people and organizations that will declare that the law or the given reform does not correspond to the Constitution and that all the actions of the law enforcement officers are for settling scores by the new government. As a result, all the suspects flee to Russia, which does not betray “its own”, turning them into political persecutors. And that is when in Armenia they are persecuted not for their political beliefs, but purely for criminal cases. This is, of course, Russia’s business, but it is worth noting that such an approach obviously does not increase the number of the pro-Russian population of Armenia.

This is the predicament we are in. The absence of a law on property creates constant arguments in society: why this or that briber who robbed the country was not brought to justice, and goes free? Meanwhile, the relevant law could have clearly demarcated the difference between what was stolen and what was legally earned. Moreover, the judges would be able to make the right decisions, and the people would be satisfied, because the stolen money would go to the state treasury. And now all the corrupt people are walking calmly in Armenia, and if they feel danger, they immediately flee to Moscow. And our human rights defenders enviable them they give an opportunity to rob the country, and then make excuses that they can’t catch them. It’s just not clear who is deceiving whom.

Of course, the much-talked-about “vetting” is necessary. However, it cannot solve the above-mentioned problems without the Constitution.