ՍԱՀՄԱՆԱԴՐԱԿԱՆ ԴԱՏԱՐԱՆԻ ԴԱՏԱՎՈՐՆԵՐԻ ԸՆՏՐՈՒԹՅԱՆ ՄԻ ՔԱՆԻ ՀԱՐՑԵՐ / SOME ISSUES OF ELECTION OF JUDGES OF THE CONSTITUTIONAL COURT

Abstract

The article refers to the issues regarding the election of judges of the Constitutional Court (CC). The study shows that there are unresolved legal issues that need to be addressed. Therefore, the authors propose to make an addition to Part 1 of Article 166 of the Constitution of the Republic of Armenia and stipulate that the competent subjects nominating candidates for judges of the CC nominate two or more candidates for one seat, which will allow the National Assembly to hold alternative elections and prevent deadlocks. It is also proposed to make an addition to Article 164 of the Constitution, stipulating that the judges of the CC, in case of retirement, expiry of the term and in other possible cases continue their activity until the election of new judges by the National Assembly, and in case of its impossibility, it is proposed to settle the issue as follows: to supplement Article 138 of the Constitution, authorizing the President of the RA to appoint an acting judge before the election of the judge.