Constitutional Draft of 2001 Was the Best

''The executive system should correspond to the level of democracy in the country. I am convinced that presently the system of parliamentary government will not justify itself since our citizens have not completely acquired the feeling for law and order yet'', Constitutional Court member Kim Balayan considers.

As for the executive system, he is convinced that either presidential, semi-presidential or parliamentary Constitution can provide for balanced authorities of the political powers. ''Even Marks used to say that the in bourgeois states freedom is provided by the Constitution and is reduced by means of concrete legal acts'', he noted. Independently of the acting system we should combine human rights with the national “I can say that the constitutional draft submitted by the coalition maintains all these principles but it is certainly one step forward”, he said.

Kim Balayan says he is upset that the draft of 2001 was not adopted since Robert Kocharyan’s constitutional draft was more balanced than that presented by the coalition. “The Venice Committee notes in its resolution with surprise that for the first time the person presenting his draft had reduced his authorities. According to Kocharu\yan’s draft, the RA President did not have any relations with the Juridical Council, while according to the coalition's draft the President is the head of the Council. There are two bodies elected by citizens - the President and the NA. And these two bodies should equally participate in the formation of the government. The coalition violates this balance in favor of the President''.

''I hope this clause will be corrected during the discussions. CC member considers that NA should control the government. The other controversial point of the Constitution is in what cases the NA can express distrust to the President. In Balayan’s opinion, this can be a counterbalance to another question – in which cases the President can dissolve the parliament. ''According to the coalition's draft, if the President three time presents the government and does not receive NA's confirmation, he can dissolve the parliament. The equality principle does not function here either.''

By Victoria Abrahamyan