Tweet
CONSTITUTIONAL COURT RECOGNIZES ONE OF PROVISIONS OF RA LAW ON TELEVISION AND RADIO AS CONTRADICTING ARMENIAN CONSTITUTION
Noyan Tapan
http://www.nt.am/news.php?shownews=113287
Ma y 13, 2008
YEREVAN, MAY 13, NOYAN TAPAN. By the May 13 decision of the
Constitutional Court of the RA, Article 53 Part 2 of the RA law
on Television and Radio was recognized as contradicting the RA
Constitution and invalid. The case was examined by the court based
on the application of Radio Hay radio company.
It is said in the disputed provision of the RA Law on Television and
Radio that "for the use of a broadcast frequency, licence holders
(radio and television companies) make a payment for the air,
whose amount is calculated based the expenses necessary for the
frequency". The authority to calculate and approve the air payment
has currently been reserved for the RA ministry of transport and
communication. According to the plaintiff, the government or ministry
are not competent to establish the amount of annual payment for the
air, and it must be established by law.
According to the court, the indicated article contradicts the principle
of a legal state stipulated by Article 1 of the Constitution, as well
as the requirements of Article 45 and Article 83.5 point 2.
The court established December 1, 2008 as the date when Article 53
part 2 of the Law on Television and Radio will become invalid so
that the possible interruption in collection of air payments will not
affect the "stability of budgetary relations" and damage the "legal
security to be established by abolishment of the disputable provision".
Noyan Tapan
http://www.nt.am/news.php?shownews=113287
Ma y 13, 2008
YEREVAN, MAY 13, NOYAN TAPAN. By the May 13 decision of the
Constitutional Court of the RA, Article 53 Part 2 of the RA law
on Television and Radio was recognized as contradicting the RA
Constitution and invalid. The case was examined by the court based
on the application of Radio Hay radio company.
It is said in the disputed provision of the RA Law on Television and
Radio that "for the use of a broadcast frequency, licence holders
(radio and television companies) make a payment for the air,
whose amount is calculated based the expenses necessary for the
frequency". The authority to calculate and approve the air payment
has currently been reserved for the RA ministry of transport and
communication. According to the plaintiff, the government or ministry
are not competent to establish the amount of annual payment for the
air, and it must be established by law.
According to the court, the indicated article contradicts the principle
of a legal state stipulated by Article 1 of the Constitution, as well
as the requirements of Article 45 and Article 83.5 point 2.
The court established December 1, 2008 as the date when Article 53
part 2 of the Law on Television and Radio will become invalid so
that the possible interruption in collection of air payments will not
affect the "stability of budgetary relations" and damage the "legal
security to be established by abolishment of the disputable provision".