In an interview with Armenpress, Minister of Justice Rustam Badasyan clarified the legal misinterpretations in connection with Onik Gasparyan’s dismissal as Chief of the General Staff of the Armed Forces of the Republic of Armenia (RA).
“In the case under discussion, it should first be noted that the suspension of the legal norm being challenged by the Constitutional Law On the Constitutional Court is possible only if failure to make such a decision may lead to irreversible or serious consequences for one of the parties or the public. This is a very high threshold, which is apparently missing in this case. Besides, a decision of suspension [of the decree on Gasparyan’s dismissal] by the Constitutional Court—if such a decision can be imagined—cannot apply to already completed relations, such as the dismissal of the Chief of Staff of the Armed Forces; it does not matter whether it is by a decree or by virtue of law.
The suspension refers to the acts presumed to be implemented. It is impossible to suspend an act that does not imply implementation. Therefore, I believe such a scenario also is theoretically impossible. There are a number of RA Administrative Court decisions where the issue of suspension was not discussed when accepting proceedings, for the above-mentioned reason. In fact, it is a very simple question. If there is no implementation process, then what should be suspended? This is a result of ‘adjusting’ the interpretation of legal norms for the desired result.
All you have to do is read what the 'null and void administrative act' means. I think this is also a result of finding the desired [legal] interpretations and ‘adjusting,’” Badasyan noted in particular.























