YEREVAN. – At Friday’s session on the lawsuit of former chief of the General Staff of the Armed Forces, Onik Gasparyan, against Prime Minister Nikol Pashinyan and President Armen Sarkissian, respondent Pashinyan’s legal representative, lawyer Tatevik Sarukhanyan, motioned the Administrative Court of Armenia to overturn the court decision on securing a lawsuit in Gasparyan's case.
She noted that the Constitution did not provide for the possibility of overturning acts adopted by virtue of law.
According to the attorney, by ensuring this lawsuit, the balance of public and personal interests was violated, as a result of which the public interest was subordinated to the personal interest.
There is no basis to secure this lawsuit, she argued.
To the court's remark that no factual consequences were applied by securing the lawsuit, and question of how this affects the state, the attorney said: "The task is to ensure legal security. (…) In fact, an uncertain situation is being created. And the citizens do not know what to take as basis, what act to be guided by.”
On March 17, the court had granted the lawyer's motion to apply security for Onik Gasparyan's lawsuit, which sought to recognize the absence of a legal relationship to dismiss Gasparyan from the position of Chief of the General Staff of the Armed Forces.
Onik Gasparyan had petitioned to the Administrative Court on March 10 with a request to recognize null and void the presidential decree on dismissing him from the post of Chief of the General Staff of the Armed Forces, which was approved by the PM's March 10 statement to consider Gasparyan dismissed—by virtue of law—from this position.