On 13 November, the Armenian Lawyers’ Association, along with partner 102 non-governmental organizations and foundations, sent a statement to the SRC Head related to the Draft Laws on Making Additions and Amendments to the “Law of the Republic of Armenia on Non-Governmental Organisations” and the “Law of the Republic of Armenia on Foundations”. The statement was prepared and sent in the scope of the EU funded “Commitment to Constructive Dialogue” Project.
The above mentioned statement among other questions and issues also stated, “… the Decree No. 59-N of the SRC Head, dated 13 February, 2018, “The Model Form of Activity of Non-Governmental organisations, the Order of Filling Out, publication of the Report and Submission to the RA SRC” (hereinafter referred to as the Decree), which came into effect on 11 March, 2018, and since its entry into force the organisations have submitted their reports to the Committee for the fiscal year, which included information on their entire activity. The regulations of the Order are directly contrary to the provisions of Article 24 of the Law, since there is no provision in the Decree which refer to submitting report related to public finances means, and it is unclear how the Decree was issued by the Ministry of Justice of the Republic of Armenia (February 26, 2018, number 12418065) and sent to publication. The regulations envisaged by the Decree, in terms of content contradictions with the Law, as well as in terms of the questions raised in the law enforcement practice, and in the context of comments received from the authorized state bodies, caused a number of issues that led to the imposition of an unlawful obligation on non-governmental organisations.… ” .
On November 23, at the initiative of the State Revenue Committee, a discussion of the above-mentioned Draft Laws on Making Additions and Amendments to the “Law of the Republic of Armenia on Non-Governmental Organisations” and the “Law of the Republic of Armenia on Foundations” was held in CRS.
During the meeting, Mr. Karen Zadoyan, President of the Armenian Lawyers’ Association, “Commitment Constructive Dialogue” Project Manager, suggested revoking the Decree of the SRC Head No. 59-N of 13 February, 2018, related to the provisions of the Decree that contradict to the requirements of the “Law on Non-Governmental Organizations”, as well as to create a CSO-SRC working group to ensure transparency and accountability of NGOs and foundations, as well as to regulate a number of other legal issues that exist in the Drafts.
In response Mr. Rustam Badasyan, Deputy Head of the CRS noted that the Committee is ready to amend the Decree No. 59-N of the SRC Head, dated 13 February, 2018, to harmonise it with the requirements of the “Law on Non-Governmental Organizations”, as well as to establish a working group to develop accountability standards provided for in the draft law “On Non-Governmental Organizations”. Based on the drafts developed by the working group to supplement and amend the existing regulations of the RA laws on “Non-Governmental Organizations” and “Foundations”, which are problematic in terms of legal certainty.
Thus, the SRC, adopting an approach of constructive dialogue, has agreed and fulfilled two important points of the statement submitted by the Armenian Lawyers’ Association along with partner 102 non-governmental organizations and foundations on 13 November.
