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THEY WILL BE PAYING FROM OUR POCKET
NAIRA HAIRUMYAN
http://www.lragir.am/src/index.php?id=c ountry&pid=14948
14:20:11 - 18/08/2009
The Sukiasyan family has applied to the European Court of Human Rights,
claiming 124 million euro. The Court may satisfy the claim, and it is
not ruled out that the government will make amends to the Sukiasyan
family. The question occurs where this money will be raised. According
to the law, it is paid from the state budget, that is our purse which
is filled with the taxes we pay and must be spent on salaries and
pensions. The European Court will indict the state, which is not an
individual. Meanwhile, in Armenia definite people make decisions on
the Sukiasyan family, A1+, who will not suffer from the decision of
the European court.
One or two years ago the Heritage Party proposed a bill according
to which the state must not pay for the actions of government
officials. The party proposed prosecuting those officials who committed
crimes, inflicting losses on the state budget and taxpayers. According
to the proposal of the party, the sum for paying the damage should
be confiscated from the officials who inflicted losses on the state
budget. The proposal was rejected for obvious reasons.
Hence, Armenia lacks legislation providing for responsibility for those
government officials who inflict damage on the state and the citizens.
The examples are many, from the president to ordinary servants. For
instance, the legislation contains no provisions that the judge, the
notary or other official who cause material damage to a citizen must
make amends. Even if the court admits that the official is wrong, he or
she will get an administrative punishment, or fired at best. Meanwhile,
damage will be paid from the state budget, at best.
For instance, who is going to pay hundreds of thousands of citizens
for the artificial exchange rate? Even if the court confirms the
major financial machination, for ordinary citizens it will be mere
"justice prevailed".
The absence of responsibility underlies the structure of the
government. For instance, the opposition demands the resignation of
the president, whereas the Constitution provides for one way, voluntary
resignation. In other words, if the president does not want to resign,
nobody can make him do. Besides, if the president does something which
is beyond his powers (such as signing an Armenian-Turkish agreement
or returning five regions), he will not be even tried, because the
Constitution bars. The only way is that the Constitutional Court
accepts the application of the two thirds of the parliament and
decides that the president is a traitor. Can you imagine this to
happen in Armenia?
Meanwhile, it turns out that the Constitution does not provide for
recalling a member of parliament. Try to recall a member of parliament
you elected who does not protect your interests or does not show up
at the meetings of parliament.
Here is a vicious circle: in order to change the government legislative
mechanisms are needed to realize which it is necessary to change
the government.
NAIRA HAIRUMYAN
http://www.lragir.am/src/index.php?id=c ountry&pid=14948
14:20:11 - 18/08/2009
The Sukiasyan family has applied to the European Court of Human Rights,
claiming 124 million euro. The Court may satisfy the claim, and it is
not ruled out that the government will make amends to the Sukiasyan
family. The question occurs where this money will be raised. According
to the law, it is paid from the state budget, that is our purse which
is filled with the taxes we pay and must be spent on salaries and
pensions. The European Court will indict the state, which is not an
individual. Meanwhile, in Armenia definite people make decisions on
the Sukiasyan family, A1+, who will not suffer from the decision of
the European court.
One or two years ago the Heritage Party proposed a bill according
to which the state must not pay for the actions of government
officials. The party proposed prosecuting those officials who committed
crimes, inflicting losses on the state budget and taxpayers. According
to the proposal of the party, the sum for paying the damage should
be confiscated from the officials who inflicted losses on the state
budget. The proposal was rejected for obvious reasons.
Hence, Armenia lacks legislation providing for responsibility for those
government officials who inflict damage on the state and the citizens.
The examples are many, from the president to ordinary servants. For
instance, the legislation contains no provisions that the judge, the
notary or other official who cause material damage to a citizen must
make amends. Even if the court admits that the official is wrong, he or
she will get an administrative punishment, or fired at best. Meanwhile,
damage will be paid from the state budget, at best.
For instance, who is going to pay hundreds of thousands of citizens
for the artificial exchange rate? Even if the court confirms the
major financial machination, for ordinary citizens it will be mere
"justice prevailed".
The absence of responsibility underlies the structure of the
government. For instance, the opposition demands the resignation of
the president, whereas the Constitution provides for one way, voluntary
resignation. In other words, if the president does not want to resign,
nobody can make him do. Besides, if the president does something which
is beyond his powers (such as signing an Armenian-Turkish agreement
or returning five regions), he will not be even tried, because the
Constitution bars. The only way is that the Constitutional Court
accepts the application of the two thirds of the parliament and
decides that the president is a traitor. Can you imagine this to
happen in Armenia?
Meanwhile, it turns out that the Constitution does not provide for
recalling a member of parliament. Try to recall a member of parliament
you elected who does not protect your interests or does not show up
at the meetings of parliament.
Here is a vicious circle: in order to change the government legislative
mechanisms are needed to realize which it is necessary to change
the government.