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Property Has to be Alienated According to the Law When For State Needs
National Assembly of RA, Armenia
July 7 2006
According to the suggestion of the Government, on June 6 the NA
President convened an extraordinary session with ten agenda questions
and three international treaties.
David Harutyunyan, Minister of Justice presented to the deputies a
suggestion to make amendments to seven laws of the judicial-legal
system and to completely adopt one draft law in the second reading.
He mentioned that the suggested amendments form an important ring in
the chain of the judicial-legal reforms. Except for the draft law
On Making Amendments and Addenda to the Law On the Status of Judge
the deputies who had speeches evaluated the presented documents
as perfecting the system and harmonizing the Armenian legislation
with the European one. Both the Chair and the Deputy Chair of the NA
Standing Committee on State and Legal Affairs think that the suggested
amendments to the law On the Status of Judge risk the independence
of the judge.
Hovhannes Margaryan noticed that this approach violates the principle
of separation of powers and the independence of the judicial system.
But the Minister of Justice does not agree with these evaluations
and clarifies that there are two different competencies. David
Harutyunyan informed that this model is employed in several European
countries. According to his evaluation, it would be dangerous if those
two competencies were executed by the same entity. The government
suggests making an amendment to the law On Insurance eliminating
the limitation for foreign investors to an insurance business. The
President of the Central Bank Tigran Sargsyan considers necessary to
apply the national regime for the foreign investors too and create
an equal field. It comes also from the international obligations our
country has assumed.
The executive power plans henceforth to alienate the property, which
is for the needs of the state and society in conformity with the law.
David Harutyunyan, Minister of Justice suggested adopting the
legislative package On Alienation of Property for the Needs of
the State and Society and On Making Amendments to the Land and
Civil codes. The recent resolution made by the Constitutional
Court to admit certain articles of the Land and Civil codes as
anti-constitutional also testifies about the necessity of regulating
the issue legislatively. The government envisages paying the owner for
the property being alienated an equivalent indemnity: an amount, which
exceeds the market value of the property by 5%. There is a provision
in the draft law that the constitutional base of the alienation of
property for the needs of the society and state is the exclusive,
dominant public interest. The principles and aims of determining the
dominant public interest are given in the draft. And the competency
of determining the dominant public interests is reserved for the
Government. One of the articles of the draft law says that the
beneficiaries of the alienation of the property for the mentioned
needs may be the state, the community or other organization. The
last two principles enjoyed the criticism of the MPs of opposition
factions Ardarutyun/Justice and OEK/Country of Law.
They suggest taking back the draft laws and organize supplementary
debates. They think that the competency of determining the dominant
public interest must be reserved for the representative body. The
MP Hmayak Hovhannisyan also shares this point of view saying that a
decision on public interest can be made only by a body endowed with
a primary mandate. Tatul Manaseryan considers the haste of adopting
the draft law unacceptable and suggests discussing it first in the
head committee and then within the format of parliamentary hearings.
He finds that it is time to adopt a law on nationalization and the
deputy has already prepared its draft law. According to the MP, it
will include the process of property alienation. Mher Shahgeldyan
noticed that in order to eliminate the society's dissatisfaction
within this question it is necessary to adopt a law, which will be
directed to the defense of public interest and individual property.
While the imperfect law will cause new problems, predicts the MP.
Grigor Ghonjeyan suggests giving the beneficiary status of the
property disposal for public needs only to the state. Presenting the
point of view of United Labor Party/ULP faction Gurgen Arsenyan noted
that today it is necessary to adopt the law, but they have certain
objections. Particularly the ULP faction finds that the beneficiary
of property alienation has to be exclusively the state.
Independent from the involvement of another company the owner has
to settle the alienation and indemnity relations with the state. The
representative of the Government agreed to touch upon the issue after
adopting it with the first reading. And the Justice faction on behalf
of Viktor Dallakyan suggests taking back the draft law from circulation
and discussing it first in the parliamentary hearings.
The deputy thinks that for each alienation case the Parliament has
to give its agreement.
Tigran Torosyan, NA President highlighted that it is the absence
of law that has brought to unwanted consequences in the alienation
process. He considers the adoption of a law regulating this field
urgent, highlighting also the necessity and usefulness of debates
on the topic. The NA President does not agree with the point of view
that the law adopted in haste will not be a quality one. He reminded
that in case of adopting the draft law in this session there will be
around two months till the autumn session for perfecting the document
and organizing parliamentary hearings. And today's concerns will be
useful if they get a form of concrete suggestions, believed the NA
President. The head of NA noticed also in the extraordinary speech
that if the interest is a public one, then the beneficiary is the
public that is the state. Tigran Torosyan considered more important
to implement balancing mechanisms in determining the dominant public
interest. Both in legislative and executive bodies the political
majority which will make the decision are the same powers, so it is
not important which body will the competency be reserved for. The
issues of creating possibilities for revising the wrong decisions
and preventing from illegalities with a judicial order are more of
principle. The NA President said that it is necessary to maintain
in the draft law not the logic of a minimal indemnity to the owner,
but that of a full one. Tigran Torosyan suggested removing from the
draft law the 17th provision on property alienation in martial or
emergency conditions. The Minister of Justice suggested putting the
draft law to the vote without that article.
In the open session the parliament also debated the NA draft resolution
On Declaring Amnesty. The Republic President proposes the parliament
to declare amnesty on the occasion of the 15th anniversary of RA
independence declaration. The Minister of Justice noted all the groups
upon which the amnesty can be spread. The decision can be applied
towards the persons, who committed crime till on June 1, 2006. The
decision is subjected to be carried out till September 30 of this year.
During the session Rafik Petrosyan proposed to adopt his submitted
draft On Making Addenda and Amendments in RA Civil Proceedings Code
in the second reading.
The NA extraordinary session will be resumed on July 7 from 10a.m.
The debated issues, as well as the three international agreements
will be put for debate.
National Assembly of RA, Armenia
July 7 2006
According to the suggestion of the Government, on June 6 the NA
President convened an extraordinary session with ten agenda questions
and three international treaties.
David Harutyunyan, Minister of Justice presented to the deputies a
suggestion to make amendments to seven laws of the judicial-legal
system and to completely adopt one draft law in the second reading.
He mentioned that the suggested amendments form an important ring in
the chain of the judicial-legal reforms. Except for the draft law
On Making Amendments and Addenda to the Law On the Status of Judge
the deputies who had speeches evaluated the presented documents
as perfecting the system and harmonizing the Armenian legislation
with the European one. Both the Chair and the Deputy Chair of the NA
Standing Committee on State and Legal Affairs think that the suggested
amendments to the law On the Status of Judge risk the independence
of the judge.
Hovhannes Margaryan noticed that this approach violates the principle
of separation of powers and the independence of the judicial system.
But the Minister of Justice does not agree with these evaluations
and clarifies that there are two different competencies. David
Harutyunyan informed that this model is employed in several European
countries. According to his evaluation, it would be dangerous if those
two competencies were executed by the same entity. The government
suggests making an amendment to the law On Insurance eliminating
the limitation for foreign investors to an insurance business. The
President of the Central Bank Tigran Sargsyan considers necessary to
apply the national regime for the foreign investors too and create
an equal field. It comes also from the international obligations our
country has assumed.
The executive power plans henceforth to alienate the property, which
is for the needs of the state and society in conformity with the law.
David Harutyunyan, Minister of Justice suggested adopting the
legislative package On Alienation of Property for the Needs of
the State and Society and On Making Amendments to the Land and
Civil codes. The recent resolution made by the Constitutional
Court to admit certain articles of the Land and Civil codes as
anti-constitutional also testifies about the necessity of regulating
the issue legislatively. The government envisages paying the owner for
the property being alienated an equivalent indemnity: an amount, which
exceeds the market value of the property by 5%. There is a provision
in the draft law that the constitutional base of the alienation of
property for the needs of the society and state is the exclusive,
dominant public interest. The principles and aims of determining the
dominant public interest are given in the draft. And the competency
of determining the dominant public interests is reserved for the
Government. One of the articles of the draft law says that the
beneficiaries of the alienation of the property for the mentioned
needs may be the state, the community or other organization. The
last two principles enjoyed the criticism of the MPs of opposition
factions Ardarutyun/Justice and OEK/Country of Law.
They suggest taking back the draft laws and organize supplementary
debates. They think that the competency of determining the dominant
public interest must be reserved for the representative body. The
MP Hmayak Hovhannisyan also shares this point of view saying that a
decision on public interest can be made only by a body endowed with
a primary mandate. Tatul Manaseryan considers the haste of adopting
the draft law unacceptable and suggests discussing it first in the
head committee and then within the format of parliamentary hearings.
He finds that it is time to adopt a law on nationalization and the
deputy has already prepared its draft law. According to the MP, it
will include the process of property alienation. Mher Shahgeldyan
noticed that in order to eliminate the society's dissatisfaction
within this question it is necessary to adopt a law, which will be
directed to the defense of public interest and individual property.
While the imperfect law will cause new problems, predicts the MP.
Grigor Ghonjeyan suggests giving the beneficiary status of the
property disposal for public needs only to the state. Presenting the
point of view of United Labor Party/ULP faction Gurgen Arsenyan noted
that today it is necessary to adopt the law, but they have certain
objections. Particularly the ULP faction finds that the beneficiary
of property alienation has to be exclusively the state.
Independent from the involvement of another company the owner has
to settle the alienation and indemnity relations with the state. The
representative of the Government agreed to touch upon the issue after
adopting it with the first reading. And the Justice faction on behalf
of Viktor Dallakyan suggests taking back the draft law from circulation
and discussing it first in the parliamentary hearings.
The deputy thinks that for each alienation case the Parliament has
to give its agreement.
Tigran Torosyan, NA President highlighted that it is the absence
of law that has brought to unwanted consequences in the alienation
process. He considers the adoption of a law regulating this field
urgent, highlighting also the necessity and usefulness of debates
on the topic. The NA President does not agree with the point of view
that the law adopted in haste will not be a quality one. He reminded
that in case of adopting the draft law in this session there will be
around two months till the autumn session for perfecting the document
and organizing parliamentary hearings. And today's concerns will be
useful if they get a form of concrete suggestions, believed the NA
President. The head of NA noticed also in the extraordinary speech
that if the interest is a public one, then the beneficiary is the
public that is the state. Tigran Torosyan considered more important
to implement balancing mechanisms in determining the dominant public
interest. Both in legislative and executive bodies the political
majority which will make the decision are the same powers, so it is
not important which body will the competency be reserved for. The
issues of creating possibilities for revising the wrong decisions
and preventing from illegalities with a judicial order are more of
principle. The NA President said that it is necessary to maintain
in the draft law not the logic of a minimal indemnity to the owner,
but that of a full one. Tigran Torosyan suggested removing from the
draft law the 17th provision on property alienation in martial or
emergency conditions. The Minister of Justice suggested putting the
draft law to the vote without that article.
In the open session the parliament also debated the NA draft resolution
On Declaring Amnesty. The Republic President proposes the parliament
to declare amnesty on the occasion of the 15th anniversary of RA
independence declaration. The Minister of Justice noted all the groups
upon which the amnesty can be spread. The decision can be applied
towards the persons, who committed crime till on June 1, 2006. The
decision is subjected to be carried out till September 30 of this year.
During the session Rafik Petrosyan proposed to adopt his submitted
draft On Making Addenda and Amendments in RA Civil Proceedings Code
in the second reading.
The NA extraordinary session will be resumed on July 7 from 10a.m.
The debated issues, as well as the three international agreements
will be put for debate.