Yerevan Mayor Taron Margaryan’s response to Alen Simonyan

24.05.2018

To the RA National Assembly

Deputy Mr Alen Simonyan

 

Respectable Mr Simonyan
In response to your letter 5/E-17 dated 22.05.2018 I inform that Paragraph 95 of the Constitution of the Republic of Armenia clearly determines the cases of MPs mandate inconsistency according to which “Deputy cannot take state or local self-governance position not provided by his status”, and Paragraph 155 of the RA Constitution Law “Rules of Procedure of the national Assembly” determines the procedure, terms of MP’s resignation and the moment of termination of powers. In particular:
“If after making resignation public, within one week the MP
1) takes back his written application for resignation, the President of the National Assembly comes up with an announcement about it
2) doesn’t take back his written application for resignation, a record is to be drawn up about termination of his powers which is to be signed and publicized by the NA President. From the moment the record is publicized the resignation is considered valid”.
Paragraph 20 of the RA Law “On local self-governance in the city of Yerevan” determines the cases and the procedure of pre-schedule termination of powers of a member of Yerevan Council of Elders.
By the N6 protocol of the Central Electoral Commission dates May 16,2018 you were given the mandate of the Deputy of the National Assembly thus from the mentioned-above day up to now there is obvious inconsistency of the NA Deputy mandate as your application for resignation of NA Deputy position addressed to the NA President doesn’t mean your resignation is confirmed and you are still taking the NA Deputy position.
I hope that being aware of these legal procedures you are also aware that within a week taking simultaneously the two positions which can’t be combined in accordance with the Constitution of the Republic of Armenia your powers of the member of thee Council of Elders are terminated by the force of law, and drawing up the protocol (24.05.2018) and sending it to the Central Electoral Commission is a direct obligation of Yerevan Mayor and not doing it is a violation of law.
I congratulate you on taking the office of the NA Deputy and express gratitude for your active membership in Yerevan Council of Elders within a year as you have always spoken out the problems of Yerevan and outlined the improvements.
I hope that a citizen as intelligent and caring as you will become a new member of Yerevan Council of Elders instead of you who will contribute to Yerevan development and prosperity.

 

TARON MARGARYAN

 

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