According to the former judge of the Constitutional Court, Alvina Gylumyan, judgments regarding the constitutionality of a possible “peace” treaty can be made when their content is known. Until now,
there are 2 versions being discussed: the Russian version and the American version, and according to popular information, the Russian version, the issue of Artsakh is left for the future, and in the case of the American version, there is no mention of Artsakh at all. According to Gyulumyan, it is worrying that if they are not even constitutional, then in what way will it be possible to prevent their ratification?
“I would refrain from evaluating them, it’s like looking for a cat in the front room. We haven’t read those 2 agreements, if any, and don’t know what they actually say. Even the title gives cause for doubt, we don’t know what title it will have, because according to our Constitution there are contracts that must go through a mandatory ratification process, we need to know what kind of contract it is. In order for the impeachment process to pass, the conclusion of the Constitutional Court must also be on its constitutionality. Now, will they be constitutional or not? I repeat, we should be familiar with those wordings, but in the conditions of the questions you mentioned: renunciation of Artsakh, etc., in these conditions, in the case of the existing Constitution, we should not forget the preamble of the Constitution. the legal force of which was referred to by the Constitutional Court both before and more recently by this composition of the Constitutional Court. I am more concerned with the next question, even if we accept that it is not constitutional, if we proceed from that presumption, what possible means do we have to prevent its ratification? This is where a question arises. whether today’s Supreme Court will go so far as to recognize it as inconsistent with the Constitution, or if the Supreme Court finds, based on purely legal wordings, that… and there has been this practice in the past, when the Supreme Court finds that our obligations there is no issue of constitutionality, that is, we discuss the compliance of the obligations with the constitution and find that there is no such issue, but the expediency of ratification is the task of the National Assembly. Now, in the presence of such a decision, will today’s National Assembly go to him, so as not to find it politically expedient to ratify it? In general, in any case, when the ruling majority has a so-called stable majority, when it has enough votes to make a decision, it is difficult to say under these conditions,” Gylumyan said.
To the question of “Hraparak”, what days are expected for the judges, taking into account that Karen Andreasyan, who is one of the supporters of vetting, has become the president of the BSC, and previously stated that there are corrupt judges in the system. Gyulumyan recalled the example of changing the composition of the CC.
“You know what, no one could say that the judges of the Constitutional Court were corrupt, and I don’t think that even with the so-called low threshold of the public’s confidence in the judiciary, the Constitutional Court could not do anything in that regard. to say. However, there was a desire to change it, and it was changed.”
According to the former judge of the CC, judges should not give way during their activity so that they can be pressured, the society also has something to do.
“Firstly, judges should not give any reason during their activities, so that it is possible for them to… and secondly, the society should be able to appreciate a good judge and stand in the positions of his protection. We have such examples when, for example, in Poland, the public rose up, when there was an attack on the courts, but our political culture is such that often even the current political power, the executive and sometimes even the legislator, try to choose a scapegoat for the problems that have arisen in the society. and often it is the courts.’
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