Arush Arushanyan on His Removal from Office
Arush Arushanyan continues to serve as the mayor of the Goris community. This was stated by the mayor in an interview with "Hraparak." Days ago, a decision from the Syunik Regional Court from 2022 came into effect. The press secretary of the Ministry of Justice, Norair Shogikyan, mentioned that the RA Ministry of Justice's Probation Service had summoned Arushanyan to their office, issued him a registration, and presented three court rulings. "In one instance, Arushanyan was fined 700,000 AMD; in another, he must serve a probation period of one year and six months; and in the third, he is prohibited from holding public office for five years," Shogikyan noted.
The Goris council held a session on Monday to discuss the letter from the Probation Service and noted that this specific penalty as determined by the court ruling is not a sufficient basis according to the law on local self-governance to remove an elected mayor from office. This was stated by Arush Arushanyan's attorney, Davit Karapetyan. "Arush Arushanyan continues to serve; the council has noted the impossibility of termination of office based on the specific penalty assigned by the court ruling," he emphasized.
It is important to recall that the Syunik Regional Court had previously issued a verdict at the end of March 2022, which, among other penalties, also involved stripping Arush Arushanyan of his right to hold office in local self-governing bodies for a period of five years. Arushanyan had also been acquitted of several charges.
According to the lawyer, this penalty was based on the first part of Article 308 of the previous Criminal Code. “We had appealed that court ruling to the appellate court, demanding complete acquittal, while the prosecutor's office appealed to overturn the acquitted articles and to issue a conviction. Both appeals were denied by the appellate court, and subsequently, both sides lodged their complaints with the Supreme Court on the same demand, yet neither complaint was accepted for consideration. Thus, the court ruling of March 28, 2022, has come into legal effect. Since one of the penalties pertains to the five-year prohibition from holding office in local self-governing bodies, the probation service began enforcement actions and appealed to the council to implement the court ruling and terminate Arush Arushanyan’s term. The council did not make a decision, as the law on local self-governance provides exhaustive grounds for the removal of an elected community leader. During the session held on Monday, after discussing the letter from the probation service, the council noted that this specific penalty assigned by the court ruling is not a basis for removing an elected mayor according to local self-governance laws,” the attorney detailed.
He also mentioned that Arush Arushanyan has contested the actions of the probation service, filing a complaint with the Syunik Regional Court on the grounds that the probation service is not authorized to address the council in such matters.