Լegislative regulations of Armenia guarantee that an active government exists in the country in any event, as well as an individual entrusted with all powers of the Prime Minister, acting justice minister Davit Harutyunyan told ARMENPRESS.
At an April 25 rally, opposition leader Nikol Pashinyan claimed that “in the event of the PM’s resignation there can’t be an acting PM, therefore Karen Karapetyan is not the acting PM, rather the acting first deputy PM”.
“If these regulations didn’t exist it would’ve been an unforgivable mistake which would question the country’s normal functioning, defensibility and security. The legislative regulations are the following: in case of the government’s resignation members of the government, including the deputy Prime Ministers, continue fulfilling their duties under Article 158 of the Constitution until the formation of a new government,” Harutyunyan said.
According to paragraph 2, article 152 of the Constitution, one of the deputy PMs replaces the PM in case of the latter’s absence.
In line with these constitutional regulations, various cases of a PM’s absence have been defined under the law, including regulations relating to replacing the Prime Minister in case of incapacitation.
The PM’s resignation resulted in incapacitation from fulfilling duties, which, as required by law, was stipulated under the 470-A decision of the government which was adopted by 2/3rd of Cabinet members on April 23, 2018. In this case, in accordance to the PM’s April 21, 2018 decision N412-L, the Prime Minister is replaced by first deputy Prime Minister, who takes all powers of the PM in accordance to the Constitution and laws.
