The “Civil Contract” faction has nominated Heriknaz Tigranyan as a candidate for the Head of the Standing Committee on Labor and Social Affairs of the National Assembly of the 8th convocation.

MP Arsen Torosyan presented her biography.

Notably, within the framework of the National Assembly of the 7th convocation, on 29 June of this year, at the special sitting of the National Assembly, Heriknaz Tigranyan has been appointed a member of the Competition Board for the election of candidates for the Chairman of the Anti-Corruption Committee as a result of voting by the NA Council with 11 votes in favor, 0 abstentions and 0 votes against.

However, she could not hold the position of a member of the Board , as Article 18 of the Law on the Anti-Corruption Committee defines the formation and functions of the Competition Board. According to the law, a Competition Board is formed for the election of the candidates for the Chairman of the Anti-Corruption Committee. We published an investigation on the issue.

Then, at a special meeting of the NA Council held on 6 July, during which the Council decided to invalidate the decision AJKHO-041-A of the NA Council of 29 June, 2021 “On appointing a member of the Competition Board to be formed for the election of candidates for the Chairman of the Anti-Corruption Committee”, according to which Heriknaz Tigranyan was appointed a member of the Board.

The decision to declare the decision invalid states:

“Based on Article 28, Part 1, Clause 20 of the Constitutional Law “Rules of Procedure of the National Assembly”, guided by Article 37, Part 1 of the Law on Normative Legal Acts, the Council of the National Assembly decides:

to recognize invalid the decision AJKHO-041-A of the NA Council of 29 June, 2021 “On appointing a member of the Competition Board to be formed for the election of candidates for the Chairman of the Anti-Corruption Committee”.

Article 28, Part 1, Clause 20 of the Constitutional Law “Rules of Procedure of the National Assembly” defines the powers of the Board, according to which, in the case provided for in Article 8, Part 1, Clause 9.3 of the Rules of Procedure, (within three days after receiving the application regarding the nomination of a member in the composition of the Competition Board (hereinafter; Competition Board) for the election of candidates for the chairman of the Anti-Corruption Committee, a candidate for a member of the Competition Board shall be nominated to the National Assembly). Within seven days after the nomination of a candidate for a membership of the Competition Board by the factions of the National Assembly, a candidate shall be appointed to be a member of the Competition Board from among the candidates nominated by the factions of the National Assembly.

Part 1 of Article 37 of the Law on Normative Legal Acts stipulates that a normative legal act, except for the Constitution, is declared invalid by the decision of the legislative body, its successor or a body endowed with relevant powers.

It should be emphasized that the NA Council made a legal mistake here as well, as the decision should not have been repealed in accordance with Article 37 Part 1 of the Law on Normative Legal Acts, but it should have been declared invalid under Article 38 Part 1 of the same law, according to which:

A normative legal act is declared invalid by an act of a legislative body, its legal successor or a body endowed with relevant authorities, if the sub-legislative normative legal act has been adopted or enacted in contradiction with a normative legal act of higher legal force.