Action Plans

"Armenian Lawyers' Association" NGO

"Transparency International Anti-Corruption Center" NGO

"Union of Informed Citizens" NGO

"Freedom of Information Center" NGO

Other NGOs and organizations that will join the Commitment

National Assembly

What problem does the commitment aim to address?

Article 29 of the Law of the Republic of Armenia "On public service" prescribed the prohibition on acceptance of gifts by public servants; Article 30 of the same Law prescribed that registration and transfer of gifts shall be carried out as prescribed by the Government, but which does not have effect, as a result of which registration and transfer of gifts received by public servants during the exercise of official powers in the sector of public service is almost not carried out; in other words, no supervisory function is exercised over this institute. Taking into account the reforms made in the sector of public service, it is necessary to refine the institute of prohibition on acceptance of gifts, define a body observing the prohibition on acceptance of gifts, as well as defining necessary regulations in relation to the procedure for registration and transfer of gifts, which will make the sector more controllable and transparent.

For the purpose of regulating the institute of gifts that are a component of integrity, definition of a body responsible for observing the prohibition on acceptance of gifts by public servants, as well as provision for necessary regulations in regard to the procedure for registering and transferring gifts, in particular establishment of a digitalized register of declaration of gifts which will ensure automated solutions for declaration of gifts, their evaluation, as well as publication of information.

Processes of registration and transfer of gifts received by public servants during the exercise of official powers have mainly not been implemented properly due to the legislative gaps, and absence of a supervisory body and implementation of a unified policy in the sector of public service. The terms "Gift", "Hospitality", "Permissible gift" have not been properly defined, and the procedure prescribed by the Government, serving as a ground for registration and transfer of gifts, enshrined by Article 30 of the Law of the Republic of Armenia "On public service", did not have effect. At the same time, regulations of supervision over compliance with the requirement on the prohibition on acceptance of gifts, the requirements on acceptance of permissible gifts and their registration and the authorized body exercising that function were not defined. In such conditions, a differentiated approach was shown for various types of public service, as a result of which the implementation of the unified policy was distorted. Besides, there is no register of gifts.

1. How will the commitment promote transparency?

Upon the implementation of the obligation, it is expected to define more comprehensibly the prohibition on acceptance of gifts, by precluding possible misconceptions and opportunities to bypass them, ensure the publicity of declared gifts, introduce a system for publication of reports, as well as create an opportunity for downloading open data.

2. How will the commitment help foster accountability?

Creation of a digitized register of gifts is a most important condition which will ensure automatic solutions for mandatory declaration of gifts, evaluation thereof, and publication of information. The register of gifts will be accessibly for the public from the perspective of both use and receipt of information, such as the system for declaration of property and incomes.

Introduction of the supervisory mechanism by the public is key; any person will have the opportunity to submit a report to the Commission for the Prevention of Corruption on prima facie violations of declaration and registration of gifts.

3. How will the commitment improve citizen participation in defining, implementing, and monitoring solutions?

Inclusiveness is one of the most important components of the commitment. Increasing the possessiveness of the public over the processes being implemented. Proper public supervision and exigence over persons responsible for the implementation of the action and the resources allocated.

Upon the adoption of the draft Law "On making amendments and supplements to the Law of the Republic of Armenia 'On public service' and related laws" by the National Assembly, it will be possible to exercise supervision over gifts received by public servants and persons holding a public position during the exercise of official powers, as well as define a central body which will implement a proper and unified policy in the sector of application of the legal norms on the prohibition of acceptance of gifts, ensure a unity of legal regulations providing for a restriction on the prohibition of acceptance of gifts by persons holding a public position and by public servants by inserting them only in the Law of the Republic of Armenia "On public service" and extending on all sectors and types of public service, prescribe clearer and more targeted legislative regulations which will allow carrying out proper restraint of corruption risks, creation of the digitized register of gifts which will ensure automatic solutions for declaration of gifts, evaluation thereof, and publication of information, as well as will ensure the interoperability of the system with the digital system of declarations.

A person holding a public position and a public servant will be obliged to register gifts received thereby in the register of gifts. Pursuant to the draft, the procedures for registration, transfer and evaluation of gifts, the procedure for maintaining the register, the list of data subject to completion and publication in the register, the procedure for making changes in the data submitted, provision of advisory opinion, and provision of information on cases of violation of the restrictions on acceptance of gifts shall be prescribed by the Commission for the Prevention of Corruption.

The Commission will, as prescribed by the draft Law, maintain the registers of gifts of persons holding a public position and public servants, and, in addition, examine and dispose of cases on violations regarding the restrictions on acceptance of gifts.

The procedures for making changes in the data, provision of advisory opinion, and provision of information on cases of violation of the restrictions on acceptance of gifts shall be prescribed by the Commission for the Prevention of Corruption pursuant to the draft. At the same time, in case of failure to observe the requirements of the legislative acts related to gifts, the Commission for the Prevention of Corruption will impose measures of liability.