The President refused to sign the Decree on Appointing a Judge: It came into Force by Virtue of Law

According to the Decision of the Supreme Judicial Council, in the letter of the Chairman of the Council dated 3 May, 2023, the candidacy of Masis Melkonyan to be appointed as a judge of the Criminal Court of the First Instance of the City of Yerevan was submitted for consideration to the President of the Republic of Armenia.

The Council’s statement notes that the President of the Republic submitted objections to the Supreme Judicial Council on 8 May, 2023 regarding the candidacy of a judge. Iravaban.net sent a written request to the President of RA to learn about the above-mentioned objections, but the President’s office informed that the information regarding the judge’s personal case is not subject to publication.

“Information on the judge’s personal case is not subject to publication, except for the cases provided by law. In addition to the judge, the President of the Republic, the authority to initiate proceedings against the judge, and the Supreme Judicial Council have the right to get acquainted with his personal case while exercising his powers,” the answer states.

In addition, at the session convened on May 12, the Supreme Judicial Council discussed the objections and did not accept them. Nevertheless, the President of the Republic did not sign the decree on the appointment of a judge and did not submit a corresponding application to the Constitutional Court.

“… It is announced that the Decree of the President of the Republic on the appointment of Masis Melkonyan to the position of judge of the Criminal Court of the First Instance of the city of Yerevan entered into force by virtue of law on 18 May, 2023”, it is stated in the statement of the SJC and refers to Article 117Part 4 of the Judicial Code.

In this regard, the RA President’s office informed: “As for the appointment of the person indicated by you, we inform you that there were no apparent problems related to constitutionality.”

Notably, a similar situation was also created regarding the appointment of Judge Zhora Chichoyan. The President of the Republic of Armenia presented objections, which the SJC Republic of Armenia did not accept.

Iravaban.net

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