The Constitutional Court of Armenia has declared part 3 of Article 40 of the Law on Military Service and Status of Servicemen constitutional. This is what Spokesperson of the Constitutional Court Yeva Tovmasyan said during a conversation with Armenian News-NEWS.am, adding that the decision will be posted on the official website of the Constitutional Court within a three-day period.
On February 25, 2021, after the General Staff of the Armed Forces of Armenia demanded the resignation of Prime Minister Nikol Pashinyan, the latter declared that a military coup was being attempted, called on citizens to gather at Republic Square and “protect the revolution”. That same day, Pashinyan signed the petition addressed to the President of Armenia to relieve Chief of the General Staff, Colonel General Onik Gasparyan of his post, but President Armen Sarkissian didn’t sign the petition and sent it back to the government two days later. On February 27, the Prime Minister sent the same proposal again, and on March 2, by failing to sign the proposal for the dismissal of Onik Gasparyan, Armen Sarkissian applied to the Constitutional Court to determine the constitutionality of part 3 of Article 40 of the Law on Military Service and Status of Servicemen that had served as a ground for Onik Gasparyan’s dismissal, not to challenge the constitutionality of the draft decree submitted by Nikol Pashinyan. For this reason, the decision entered into force — the government promulgated the statement of Prime Minister of Armenia Nikol Pashinyan by which Onik Gasparyan was considered dismissed from the post of Chief of the General Staff of the Armed Forces of Armenia starting from March 10, 2021.