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2007 Assessment

Armenia: Integrity Indicators Scorecard

Armenia: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	50
25	Is the executive leadership subject to criminal proceedings?	100
26	Are there regulations governing conflicts of interest by the executive branch?	50
27	Can citizens access the asset disclosure records of the heads of state and government?	58
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	0

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments:

References: The Civil Code and the Criminal Code of the Republic of Armenia www.parliament.am www.arlis.am

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: There are very few cases when the government gives reasons for its decisions. Even former Prime Minister Andranik Margaryan had to confess that the government not always had ensured the publicity of its policy on TV .

References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia Media observation

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments:

References: The Civil Code and the Criminal Code of the Republic of Armenia www.parliament.am www.arlis.am

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: There are few cases and limited effectiveness of judiciary reviewing executive actions.

References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia Media observation

Peer Review Comments: I am personally unaware of any decisions that the courts took that overrode a decision made by the executive branch.

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: The president and Parliament almost do not interfere in governmental affairs. This indifference is due to the fact that the government is acting in keeping with the political directives of the president and Parliament's majority. The Parliament formally is concerned with the government's activities, adopts the budget and briefs the Parliament deputies' different issues during questions-and-answer sessions. However, all of this is done for the form's sake and does not have the required leverage to have well in hand government's executive orders, its new regulations and policies.

References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia Media observation

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: In compliance with Article 51, Point 1 of the Constitution, the president of the Republic enjoys immunity. The President, over the period of his tenure, shall not be prosecuted for his decision taken ex officio. However, actions not related to his office can be prosecuted but not before his tenure is over. Article 57 of the Constitution reads that the president can deposed for high treason or other grave offenses. The same goes for the head of the government.

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

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: Over the last four to five years, there were very few cases or registries on this. Usually these kind of officials change their work.

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

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: The Law on Declaration of Income and Property of the Republic of Armenia www.arlis.am www.parliament.am

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: The Law on Declaration of Income and Property of the Republic of Armenia www.arlis.am

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments:

References: The Law on Governmental Officials of the Republic of Armenia www.arlis.am

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments:

References: The Law on Income and Property of the Republic of Armenia www.arlis.am

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments:

References: No restrictions exist.

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: There are practically no regulations restricting post-government private-sector employment for heads of state and other government officials.

References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia Media observation

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: No regulations exist on this. According to the UNDP and Transparency International's recent survey, the most corrupted executive institutions considered are the prime minister (52.9%), the staff of the government (51.3%), the ministers (63.8%), the staff of the Ministries (45.4%), structures affiliated with the government (32.1%), regional government bodies (Marzpetarans) (47.3%), Yerevan City Hall (38.9%),local self-government bodies (40.5%) and the Central Bank (30.3%). (See Corruption Perception in Armenia in 2006, 2007, Yerevan, p.13 )

References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia (See Corruption Perception in Armenia in 2006, 2007, Yerevan, 85 pages)

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: There is no such kind of practice in Armenia.

References: Interview with Ashot Sarkhoshyan, chief specialist of theMinistry of Trade and Economic Development of the Republic of Armenia Media observation

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments:

References: The Law on Declaration Income and Property of the Republic of Armenia www.arlis.am

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: In practice it is not easy for citizens and the media to access the asset-disclosure records of the heads of state and government.

References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia Media observation

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: In reality, the Law on Declaration of Property and Income of the Republic to allow access to disclosure records of the heads of state or government is not a financial burden on citizens.

References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: In practice, official government functions are not kept separate from the functions of the ruling political party. The recent Parliament elections proved this as well. The leader of governing Republican Party, Serzh Sarkissyan, was appointed prime minister of Armenia.

References: Interview with Ashot Sarkhoshyan, chief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia Media observation