In which cases, and in what order is the deputy deprived of his/her mandate?

Iravaban.net reports that the powers of the deputy are terminated in several cases, if:

The powers of a Deputy shall discontinue if:

1) the term of powers of the National Assembly has expired;

2) he has lost  citizenship of the Republic of Armenia;

3) he has acquired citizenship of another state;

4) the judgment on sentencing him/her to imprisonment came into force;

5) the judgment of the court on declaring him/her as having no active legal capacity, as missing or dead came into force;

6) he resigned.

This is provided by the Constitutional Law “Rules of Procedure of the National Assembly”.

It is mentioned that:

The Council, as well as one-fifth of the total number of Deputies may apply to the Constitutional Court on the issue of termination of the powers of a Deputy in case of invalid absences for at least half of the voting during each calendar half-year.

Absence of a Deputy from a voting shall be deemed valid if: within a week after his/her valid absence, foreseen by the Labor Code of the Republic of Armenia, a relevant document shall be submitted to the Chief of the Staff; or) he/she was sent on a business trip by the National Assembly;

The absence is also deemed valid if: he/she is arrested or towards him/her was performed detention, or he/she is deprived of the right to attend the sitting hall of the National Assembly.

If a Deputy, according to a certificate, was absent for an unjustified cause for no less than half of the votes during the previous calendar half-year, then the Chairperson of the National Assembly, within a week after receiving the certificate, shall convene a sitting of the Council on the issue of applying to the Constitutional Court on the termination of powers of the Deputy and immediately shall notify the Deputy about it in a written form.

In case of absence of a Deputy, the debate of the issue shall be postponed for a week and it shall be resumed at a sitting of the Council convened the day following the day of expiration of the established time, irrespective of his/her presence.

It should be noted that if the issue of the absence of each Deputy shall be debated separately. During the debate of an issue a Deputy or other Deputy authorized by him may take the floor, answer the questions and take the floor with a concluding speech. If within two weeks after the commencement of the debate of the issue, the Council adopts a resolution on applying to the Constitutional Court on the issue of termination of the powers of a Deputy,

1) then the Chairperson of the National Assembly shall send it to the Constitutional Court within 24 hours, indicating the name and the second name of the person entitled to take the floor as a representative during the debate of the issue in the Constitutional Court;

2) if does not adopt a resolution on applying to the Constitutional Court on the issue of termination of the powers of a Deputy, at least one-fifth of the total number of Deputies may, within no less than one month, apply to the Constitutional Court on the termination of the powers of a Deputy

The Law on the Constitutional Court stipulates that the Deputy, a case in respect of termination of whose powers is to be examined, shall be involved in the proceedings as a respondent in the cases referred to in this Article and shall enjoy the rights of a party to the proceedings prescribed by this Law and bear the responsibilities provided therefor. Failure without a valid reason by a Deputy properly informed to appear before the court shall be no hindrance for the trial of the case.

The trial of the cases referred shall be carried out through oral procedure. The burden of proof in the mentioned cases shall lie on the applicant. Where the applicant abandons the application within the time limits prescribed by this Law, and the Deputy does not object to it within a period of three days, the proceedings of the case shall be subject to dismissal.

With regard to the cases the decision of the Constitutional Court shall be adopted not later than 30 days after the submission of the application. In this cases the Constitutional Court may adopt one of the following decisions:

1) decision on termination of the powers of a Deputy;

2) decision on rejecting the application.

It should be noted that the President of the National Assembly Alen Simonyan has spoken about this more than once. He noted that he was “strongly disposed” to deprive the opposition deputies who were carrying out a street struggle and were absent from the NA sittings of their mandates.

“According to the law, only after the end of the session can I consider that issue, put the issue up for discussion at the council session, and only then start a process,” he said.

Referring to the absences of the opposition deputies in the National Assembly and the fact that the authorities intend to discuss the issue of depriving the opposition deputies of their mandates on the grounds of absences at the end of the session, MP of “With Honor” faction Hayk Mamijanyan had said earlier, “First of all, it is not they that give that mandate to us and to discuss whether to deprive anyone or not. And I will answer. ‘That mandate was given to us by the people, this people.’ When talking about absences, it is very important to mention the following: ‘they are absent from the real political process.’ We stand by our voters, our compatriots, and the real political process is taking place right on the street. The mandate was given to us by the people and we are implementing the mandate in the very direction for which we received.”

It should be reminded that the last four-day sittings of the session are taking place these days.

Iravaban.net

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