EcoLur
Ministry for Territorial Administration and Development has violated Parts 1 and 2 of Article 98 of RA Law on Self Governance by proposing Jermuk Aldermen's Council to abolish or to amend the previous resolution on banning metallic mining in the area of the community, said Lawyer Nazeli Vardanyan in her interview with EcoLur. In its letter, the Ministry assignment referring to the provisions of Article 98 (Part 2) of RA Law 'On Self Governance' forgot about Part 1 which says an administrative proceeding should have been initiated. According to the first part of this article, the competent body is entitled to carry out professional and legal supervision guided by RA Laws 'On Administration Bases and Administrative Proceedings' and 'On Organizing and Holding Control Checks in the Republic of Armenia.' This clause has been violated – the ministry says Jermuk Aldermen's Council had made a violation but it doesn't say which article was violated, there is no substantiation provided. The Ministry should have carried out administrative proceedings and based on it a decision should have been reached adhering to set deadlines, which haven't been done. Without carrying out administrative proceedings a proposal has been made to the Aldermen's Council to review its decision, which means that the Ministry has carried out illegal actions.
Article 98 (Part 2) of RA Law 'On Self Governance' has been violated, which says that the competent body may pose such a demand in 20 days after reaching this decision. Ministry for Territorial Administration and Development has violated these timeframes,' Nazeli Vardanyan said.
She mentioned that the decision of Jermuk Aldermen's Council has a significance of the highest by-law and shouldn't contradict the Armenian Constitution and laws. The government is not superior to self-government bodies and can't change the decision of the Aldermen's Council. If the government doesn't agree with this decision, the problem is solved in court.
Nazeli Vardanyan also mentioned that within its authorities and guided by Article 4 (1(3)) of RA Law 'On Petitions' approved the petition submitted by 3000 residents of Jermuk community. Besides that, Article 3 (1) of RA Law on 'Local Governance' says that ' Local self-government is the Constitutionally guaranteed right and capacity of local self-government bodies acting at their own responsibility and as provided by the legislation, to manage the community’s property and financial resources, and to resolve the problems of community importance with a view to improving the well-being of the population.' Jermuk Aldermen's Council has acted within its authorities.
Reminder: At its extraordinary meeting on 31 January, Jermuk Aldermen's Council rejected the proposal made by Minister for Territorial Administration and Development Suren Papikyan to abolish the previous resolution on banning metallic mining in the area of the community.
February 01, 2019 at 19:29