The Constitutional Court of the Republic of Armenia has issued a decision based on the application of the Mayor of Yerevan, concerning the constitutionality of several provisions of the Laws “On the State Control Service” and “On Local Self-Government.”

The Court examined, in particular, Article 5(1), points 3 and 8, and Article 7(3) of the Law “On the State Control Service,” as well as Article 95(6) of the Law “On Local Self-Government.”

The Constitutional Court ruled that:

• Article 5(1), point 8 of the Law “On the State Control Service” is unconstitutional and invalid insofar as it grants the State Control Service the authority to exercise oversight over compliance with procurement legislation in local self-government bodies or community institutions.
• Article 95(6) of the Law “On Local Self-Government,” which provides for the implementation of such oversight under the procedure defined by the Law “On the State Control Service,” has also been declared unconstitutional and invalid.

In addition:

• Article 5(1), point 3 of the Law “On the State Control Service” has been declared unconstitutional and invalid in the part that authorizes oversight in local self-government bodies for the purpose of assessing the legality of the management of subsidies, subventions, and grants.

At the same time, the Constitutional Court found that:

• The provision of Article 5(1), point 3 concerning the assessment of the reliability of information forming the basis for the allocation of subsidies, subventions, and grants is in compliance with the Constitution.
• Article 7(3) of the Law “On the State Control Service,” regarding the exercise of supervisory functions in sectors overseen by local self-government bodies, is also in compliance with the Constitution.

The Court based its reasoning on Article 60(1) and Article 188 of the Constitution, which relate to the right to property and the autonomy of local self-government.

According to Article 170(2) of the Constitution, this decision is final and enters into force upon publication.