On October 4 and October 11, the Supreme Judicial Council unanimously made decisions to terminate the powers of Gagik Khandanyan and Rafik Melkonyan.

It should be noted that motions were submitted in both cases not during the tenure of the current Minister of Justice, but during the tenure of former Minister Rustam Badasyan.

Disciplinary proceedings against Judge Gagik Khandanyan of the Civil Court of Appeal

According to the background of the case, the reason for initiating disciplinary proceedings against Judge Gagik Khandanyan of the Civil Court of Appeal was the application of the Acting Head of the Agency for State Register of Legal Persons of the RA Ministry of Justice T. Mkrtchyan addressed to the Corruption Prevention Commission (hereinafter referred to as the CPC) through the “Mulberry” electronic document management system.

The Chairman of the Supreme Judicial Council Gagik Jhangiryan mentioned that taking into account the motion submitted by the Corruption Prevention Commission on 26 June, 2021 to subject the judge of the Civil Court of Appeal Gagik Khandanyan to disciplinary liability, it was mentioned that he had violated the incompatibility requirements. The decision on that was made by the CPC on 27 April.

The Corruption Prevention Commission has concluded that Gagik Khandanyan has violated the provisions of Article 31, Part 1 of the Public Service Law (persons holding public office and public servants may not hold an unconditional position in other state or local self-government bodies, any position in commercial organizations, entrepreneurial activity, perform other paid work, except for scientific, educational and creative work)  and the requirements of Article 5, Part 1, of of the Constitutional Law “Judicial Code of the Republic of Armenia”(A judge may not hold any position not stemming from his or her status in state or local self-government bodies, any position in commercial organizations, engage in entrepreneurial activities or perform other paid work, except for scientific, educational, and creative work).

Disciplinary proceedings against Judge Rafik Melkonyan of the Court of General Jurisdiction of Tavush Region

On 11 October, the SJC upheld a motion filed by Justice Minister Rustam Badasyan to subject to disciplinary liability Judge Rafik Melkonyan of the Tavush Region Court of First Instance.

The judge’s term of office was terminated on the grounds of a significant disciplinary violation.

Thus, the RA Ministry of Justice, represented by former Minister Rustam Badasyan, and the CPC filed motions to subject to disciplinary liability the two judges in April and July, respectively, in relation of which the SJC made final decisions on 4 and 11 October.