Articles that the Constitutional Court announced as contradicting to the Constitution

Today the Constitutional Court of the RA held a decision to recognize the “compulsory” component of the RA Law on “Accumulative Pension” as contradicting to the Constitution. The President of the Constitutional Court of the Republic of Armenia, Gagik Harutyunyan read legal positioning and concluding provisions of the 64-page decision and the summarizing part of the court decision.   
The Constitutional Court made decisions on the following articles:
1. Recognize Part 1 of article 5, Parts 1 and 11 of article 7 of the RA Law on “Accumulative Pension” as contradicting to part 1 of Article 8, Article 31 and article 43 of the Constitution of the Republic of Armenia.
2. Recognize Part 1 of Article 49of the RA Law on “Accumulative Pension” as contradicting to Part 2 of Article 3 and Point 1 of Article 83.5 of the Constitution of the Republic of Armenia.  
3. Recognize Point 6 of Article 2 of the RA Law on “Accumulative Pension” as contradicting to the provisions of the Point 1 of  Article 83.5 of the Constitution of the Republic of Armenia.  
4. Recognize the provision of Point 4 of Article 41 on Risks Management of the RA Law on “Accumulative Pension” contradicting to the provisions of the Point 1 of Article 83.5 of the Constitution of the Republic of Armenia.  
5. Recognize the provision of Point 2 point of Article 76 of the RA Law on “Accumulative Pension” as contradicting to the provisions of Point 1 of  Article 8, and articles 31 and 43 of Constitution of the Republic of Armenia.  
6. Points 2-10 of Article 7, and Articles 8, 37, 38, 45, Part 2 of Article 49 and 86 articles were in accordance with the Constitution of the Republic of Armenia.
7. Based on the unconstitutionality of Point 16 of Article 68 of the RA Law on “Accumulative Pension” and Part  3 of Article 102 of the RA Constitution, with this decision the deadline for invalidation of legal norms was appointed on 30 September, 2014.  
8. According to Part 2 of article 102 of the RA Constitution this decision is final and enters into force from the day of publishing.

Iravaban.net

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