CLARIFICATION REGARDING ARTHUR GHAMBARYAN’S SUIT
21.02.2019 12:51Former Deputy Chairman of the RA Investigative Committee Arthur Ghambaryan has appealed to the Administrative Court, challenging the 4th point of No 3/4-A, 06.02.2019 Decision of the Chamber of Advocates of the Republic of Armenia.
Artur Ghambaryan informed about this to http://www.aravot.am news website.
According to the published material, the advocate challenges the obligation of "additional" training, as the legislator has prescribed it as a disciplinary penalty.
Artur Ghambaryan also noted, "By the way, this trial is more strategical since it’s the first time that a lawsuit has been filed against the Chamber to the RA Administrative Court."
According to the argument highlighted in Arthur Ghambaryan's claim, the right to immunity of advocate’s dignity and good reputation has been violated.
The Chamber of Advocates clarifies that it did not violate Arthur Ghambaryan's right to immunity of dignity and good reputation.
According to Article 38 (9) of the RA Law on Advocacy, the advocate regaining the license is required to undergo training courses: the amount of the courses is assigned by the Board of the Chamber of Advocates.
According to point 16 of the Act on Advocates' Training, the advocate regaining the license is required to take training courses, additionally, at his / her own expense for 2 (two) hours per each suspended month.
By Article 4 of the Board Decision N 3/4-A, dated on 06.02.2019, is defined that Arthur Ghambaryan is obliged to take training courses, additionally, at his / her expense for104 (one hundred and four) academic hours (2 academic hours per suspended month, 52x2) during a period of 32 (thirty-two) months.
As you can see, the Board of the Chamber of Advocates was guided by the Act and counted 2 academic hours per month, for a 52-month suspended license.
Moreover, in paragraph 4 of the above-mentioned Decision of the Chamber of Advocates, the words "TAKE TRAINING COURSES ADDITIONALLY" were used and not additional training courses (though in this case as well Arthur Ghambaryan should not be insulted).
As to Arthur Ghambaryan's information that he is the first one to file lawsuit in the administrative court against the Chamber of Advocates, does not correspond to reality, as eight people have sued the Chamber of Advocates in the administrative court so far. The Administrative Court has denied accepting the claim as the Chamber of Advocates is not an administrative body and the decision of the Board is not an administrative act.
In our opinion, Arthur Ghambaryan has applied to court to avoid his responsibility. Previously, Artur Ghambaryan had violated his responsibilities several times in his relations with the RA Chamber of Advocates.
The Chamber of Advocates will present its arguments to the court.
Hayk Hakobyan
Press Speaker of the Chamber of Advocates of RA
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