Global Integrity Report

Armenia Home

Facts

Timeline

Notebook

Integrity Scorecard

2007 Assessment

Armenia: Integrity Indicators Scorecard

Armenia: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	67
30	Are there regulations governing conflicts of interest by members of the national legislature?	0
31	Can citizens access the asset disclosure records of members of the national legislature?	0
32	Can citizens access legislative processes and documents?	58

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: The Constitutional Court of the Republic of Armenia has the right to review the law adopted by the Parliament of Armenia or the president's decrees if they don't comply with the precepts of the Armenian Constitution. However, it happens very rarely.

References: The Constitution of the Republic of Armenia, Article 100 www.parliament.am www.arlis.am

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments:

References: The Constitution of the Republic of Armenia www.parliament.am

Peer Review Comments: As a source, the reporter points towards the constitution. However, this is a question concerning the reality on the ground.

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: The members of the Armenian Parliament have immunity and only with the special resolution of Parliament could they be prosecuted for criminal allegations. However, this has happened very seldom; during the last four or five years, only one legislator, Hakop Hakopyan, was prosecuted.

References: The Constitution of the Republic of Armenia www.parliament.am www.arlis.am

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

References: There is no such kind of regulation.

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: The newly elected Armenian Parliament mainly consists of businessmen and directors of trust and private companies. They need a mandate of a Parliament member to obtain immunity and political protection.

References: No restrictions exist. Interview with Vache Kalashyan, president of the Union of Civil Servants non-governmental organization (August 8, 2007, at his office)

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments:

References: There are no regulations and guideliness on this case.

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments:

References: There are no regulatory requirements for independent auditing of legislative branch asset disclosure.

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: There are no regulations restricting post-government private sector for national legislators. A lot of members of the recently elected parliament are from the private sector. The businessmen need to have the legislature mandate to protect their business from tax and customs authorities and to have free economic activities in Armenia (even to evade paying taxes).

References: Interview with the executive director of Foundation for Small and Medium Businesses, Narine Mailyan (August 7, 2007) Interview with Maria Vardanyan, senior expert of the Education Commission of National Assembly of Armenia (August 15, 2007)

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: There are no such kind of regulations.

References: Interview with Maria Vardanyan, senior expert of the Education Commission of National Assembly of Armenia (August 15, 2007), www.parliament.am

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: National legislative branch asset disclosures are not audited. This sphere is still one of the prohibited ones. According to the UNDP and Transparency International survey, 48.9% of respondents consider members of the national legislative branch very corrupted.

References: Interview with Maria Vardanyan, senior expert of the Education Commission of National Assembly of Armenia (August 15, 2007) Corruption Perception in Armenia in 2006, UNDP and Transparency International Armenia Survey, 2007, Yerevan, 85 pages

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments:

References: There are not any regulations, and asset disclosures are not available to the public.

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: There are no regulations on this case.

References: Interview with Maria Vardanyan, senior expert of the Education Commission of the National Assembly of Armenia (August 15, 2007)

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: There are no regulations on this case.

References: Interview with Maria Vardanyan, expert of the Education Commission of the National Assembly of Armenia (August 15, 2007)

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: There were some cases prior to the adoption of law when the draft law had been discussed among civic groups and non-profit organizations and their recommendations and suggestions were sent to Parliament -- e.g., the Law on Non-governmental Organizations, the Law on Mass Media, etc.

References: The records of legislative processes and documents are available when published. See www.parliament.am.

Peer Review Comments: I think the reporter misunderstood the question, as she clearly points out that these records are available under the law.

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: The adopted laws of Parliament are published as separate booklets and they are placed on www.parliament.am, www.president.am and www.arlis.am.

References: Interview with Maria Vardanyan, expert of the Education Commission of the National Assembly of Armenia (August 15, 2007) www.parliament.am

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: Citizens can obtain the effective laws adopted by Parliament at relatively small price (brochure price or photocopying cost) or can get them free via the Internet (www.parliament. am or www.arlis.am).

References: Interview with Maria Vardanyan, expert of the Education Commission of the National Assembly of Armenia (August 15, 2007) www.parliament.am