The RA Law on Public Service provides for a structure for a person holding an administrative position, a Minister, a Head of the community to hold office as acting officials in the event of a change in the superior or direct manager of a person holding an administrative position, as well as a Minister or a Head of the Community.
Nevertheless, there are certain ambiguities in the legal relations between a person’s tenure as an acting official and the termination of his/her tenure, which gives rise to various interpretations in practice, including judicial practice. The RA Deputy Minister of Justice Levon Balyan said this while presenting the proposed addenda to the Law on Public Service in the first reading for debate at the sitting of the Standing Committee on State and Legal Affairs on November 7.
According to the rapporteur, the initiative proposes to clearly regulate the relations concerning the application of the structure of serving as an acting official.
According to the Deputy Minister, the legal consequences of not making a new appointment within the one-month period specified in the law are also clarified. In case of non-fulfilment of a new appointment, a regulation on the release of a temporary official from the duties is established based on an individual legal act.
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The co-rapporteur, the deputy Trdat Sargsyan, welcoming the initiative, suggested his colleagues voting for it.
The draft authored by the Government was endorsed. The Committee will propose to the NA Council to include the debate of the issue in the agenda of the regular sittings to be convened on December 5.
Due to the absence of the author, the debate of the package of bills on Making Amendments and Addenda to the Tax Code of the Republic of Armenia and on Making Addenda and Amendments to the Law on Bankruptcy was postponed.
National Assembly of the Republic of Armenia
