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More practical and effective legal regulations of implementation of disciplinary proceedings in Anti-Corruption Committee to be set

April 06,2023 23:03

The Government proposes to make amendments and addenda to the law on Anti-Corruption Committee for designing more comprehensive regulations to implement disciplinary proceedings in the Anti-Corruption Committee. The RA Deputy Minister of Justice Armenuhi Harutyunyan noted at April 5 sitting of the NA Standing Committee on State and Legal Affairs that in the law in force the distinct order of the implementation of the disciplinary proceedings is not set, there are no regulations on the body implementing the proceedings, the rights of the employee of the Anti-Corruption Committee during the implementation of the proceedings are not set.

At the debate it is proposed by the presented draft law to form a Disciplinary Commission in the Committee, which will comprise of 8 members. It is suggested to ensure the inclusive staff of the Disciplinary Commission, where one of the Deputy Chairpersons of the Anti-Corruption Committee by the choice of the Chairperson, one investigator being elected by draw, one employee of the operative intelligence sub-division, one prosecutor presented by the Prosecutor General, one lawyer-scientist by the Human Rights Defender (HRD) and two representatives of the body revising the policy of the anti-corruption sphere by the Prime Minister’s proposal.

The Deputy Minister noted that the Committee members are appointed for 3 three years. Special regulations were designed in term of tenure terms for the members of the Committee first part. It was established, particularly, that one Deputy Chairperson of the Anti-Corruption Committee presented by the HRD should be lawyer scientist. It was fixed that two representatives of the body revising the policy of the anti-corruption sphere by the Prime Minister’s proposal for 2 years, one of the Deputy Chairpersons of the Anti-Corruption Committee by the choice of the Chairperson, one investigator being elected by draw, one employee of the operative intelligence sub-division, one prosecutor presented by the Prosecutor General – for 1 year. The Commission Chairperson will be in office for 1 year.

Armenuhi Harutyunyan informed that the Commission will work on a voluntary basis. According to the Deputy Chairperson, the procedure of applying measures of disciplinary impact was specified by the draft. The office examination being carried out by the Committee employee will be in two phases: preliminary study and the very disciplinary proceedings. It was proposed to fix a distinct term for the latter’s implementation 1 month. Guarantees of ensuring the Committee employees’ rights were also established. Regulations for the clash of interests were designed to prevent and exclude the possible cases. Circumstances were fixed, in case of their availability the Commission members will be banned to take part in the Commission activities.

The RA Deputy Minister of Justice noted that by the adoption of the draft law the more comprehensive, practical, effective legal regulations of the implementation of the disciplinary proceedings in the Anti-Corruption are ensured.

The Standing Committee on State and Legal Affairs endorsed the draft law presented for debate in the first reading.

The debate of law on Making Addenda to the RA Criminal Code, as well as on Making Amendments and Addenda to the RA Civil Code and the enclosed legislative package in the second reading was postponed up to two months.

 

National Assembly of the Republic of Armenia

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