I Would Advise to Read Article 139, Part 3 of the Constitution Very Carefully: Robert Hayrapetian to the President

It appears my hope that the president will fully exercise his powers was in vain.

This was stated by lawyer Robert Hayrapetian on his Facebook page, commenting on President Armen Sarkissian's decision to submit a request to the Constitutional Court by tomorrow regarding the dismissal of the Chief of the General Staff of the Armed Forces, Onik Gasparyan.

He specifically wrote: "It appears my hope that the president will fully exercise his powers was in vain. The president's statement today regarding the proposal to dismiss Chief of the General Staff Onik Gasparyan is nothing more than the effort of a politically pressured executor, which has primarily substantiated the unconstitutionality of his actions."

He noted that "the legal problematic interpretations and applicable practices that served as a basis for objecting to the signing of the decree cannot be ignored, as well as the potential gaps in the law. The President of the Republic has decided not to sign the draft decree."

"Mr. President, if you mention applicable practices, then you should at least recall that you dismissed both Movses Hakobyan and Artak Davtyan from the position of Chief of the General Staff based on Article 155 of the Constitution, and not on Part 1 of Article 133 of the Constitution. Please, apart from receiving political figures at home (stay healthy), bring up and read again your own decrees from May 24, 2018, and June 8, 2020. Yes, when signing those decrees, you also considered Article 40 of the Law on Military Service and the Status of Servicemen, but only the specific grounds of Part 1 thereof. We will still have the opportunity to talk more specifically about your unconstitutional actions regarding those decrees.

If you wish to again follow that cynical expression of wanting to remain both a virgin and enjoy pleasure but never take the mission of the head of state seriously—following the Constitution, being impartial while exercising powers, and acting solely in the interests of the state and the nation—then yes, you can choose not to sign the decree and put an end to it. Afterwards, you may apply to the Constitutional Court under abstract supervision to request the determination of the constitutionality of the law.

Following the Constitution should not be limited to the discretionary power to appeal to the Constitutional Court. The President of the Republic must first fulfill his function of ensuring the Constitution by exercising his constitutional powers. You cannot ignore the Constitution while being governed by a legal provision whose constitutionality you find problematic and wish to challenge.

The President of the Republic is authorized to perform actions for which he is empowered by the Constitution. And the Constitution has clearly authorized you only to appoint the Chief of the General Staff of the Armed Forces, only for the term established by law, upon the recommendation of the Prime Minister. Therefore, you can rely on Part 3 of Article 139 of the Constitution, hiding under it only concerning the appointment provided by Part 3 of Article 155 of the Constitution.

By the way, I would also advise you to read Article 139, Part 3 of the Constitution very carefully: "If the President of the Republic does not fulfill the requirements established in Part 2 of this Article, then the relevant act enters into force by the force of law." This means not that the President exercises his discretion but that the President allows inaction, does not fulfill the requirements of the Constitution, with all resulting consequences. That is, it allows for a gross violation of the Constitution, which is the basis for your dismissal under Part 1 of Article 141 of the Constitution.

Your unconstitutional actions and inactions confirm and equally implicate you in the criminal, state-destroying approaches that Nikol Pashinyan accuses the Armed Forces General Staff and the Chief of Staff of not maintaining political neutrality, but, on the contrary, of maintaining political neutrality and not becoming his political executor, fulfilling the constitutional mission of the armed forces—ENSURING THE SECURITY, TERRITORIAL INTEGRITY, AND UNINTERRUPTED BOUNDARIES OF ARMENIA. Therefore, Armen Sarkissian, you equally bear the mark of a traitor. Shame and curse upon you and your like. You will have to answer for this."