Response from Yerevan Municipality

According to Part 1 of Article 5 of the Law "On Public Service" (hereinafter referred to as the Law), a political position is an elective or appointive position provided for by the Constitution and laws of the Republic of Armenia. The person holding such a position is vested with the authority to make political decisions and bears political responsibility for those decisions.

According to Part 3 of the same Article, community political positions include the positions of community heads and their deputies, as well as members of the Council of Elders.

According to Point 3 of Part 1 of Article 19 of the Law, one of the main duties of a public servant is to comply with the principles of conduct of a public servant and the rules of conduct derived from them, the requirements of incompatibility, other restrictions, and regulations related to conflicts of interest.

According to the regulations of the Law, among the principles of public service are, among others, the principles of conduct, politeness, and respectfulness.

According to Part 9 of Article 28 of the Law, a violation of the rules of conduct may result in disciplinary liability. However, the provisions on disciplinary liability do not apply to persons holding political positions.

According to Part 4 of Article 21 of the Law "On Local Self-Government in the City of Yerevan", a member of the Council of Elders may not be prosecuted or held liable for actions arising from their status, including voting and opinions expressed in the Council, unless these constitute a criminal offense.

From the analysis of the above provisions, it follows that the position of a member of the Council of Elders is a political position, and in the event of a violation of rules of conduct, there is no legal basis under the law for holding them disciplinarily liable.