The director of the National Security Service may not be the president of the FFA at the same time, as it will contravene the principles of national security bodies’ activities and national security bodies provided by the RA Law on National Security Bodies and the Service on National Security Bodies.
In particular, in accordance with Article 6 of the RA Law on National Security Bodies, the activities of national security bodies are based on the principles of legality, democracy, equality before the law, respect for and observance of human and citizen’s rights and freedoms, independence of political parties and PUBLIC ASSOCIATIONS, the principles of the combination of explicit and confidential methods and means of its activities not prohibited by the law.
According to Article 1 (2) of the RA Law on “Service in the National Security Bodies”, the service in the national security bodies is carried out by respecting the principles of lawfulness, human and citizen’s rights and freedoms, respect for honor and dignity, humanism and publicity, the functioning of the PUBLIC ASSOCIATIONS, the use of explicit and confidential methods and measures not prohibited by the legislation of the Republic of Armenia through the sole and centralized management; Connection.
According to Article 43 (1) (9) of the RA Law on “Service in National Security Bodies,” a national security official has no right to use his official position for the benefit of parties, religious, public associations and their activities.
From the above-mentioned legal norms, national security bodies and national security officials are required to act and act on the principle of independence from the activities of public associations.
At the same time, pursuant to Part 2 of the Charter of the Union of Legal Entities of the “Football Federation of Armenia”
1. “Football Federation of Armenia” Union of Legal Entities is a self-financing, self-governing, non-profit organization established under the RA Legislation by the State Register of Justice of the Republic of Armenia in Yerevan.
4. The FFA is created for the purpose of coordinating the activities of its member organizations, as well as for representing and protecting their common interests, from the membership of a non-governmental football club and any other NON-COMMERCIAL ORGANIZATIONS.
According to Clause 1, Part 10 of the Charter of the Union of Legal Entities of Armenia, the President is the FFA High Officer, representing the FFA in the Republic of Armenia, the Exports and the International Organizations.
According to the above, the Armenian Football Federation is a public association, so the national security bodies and national security officers, in accordance with the above-mentioned legal norms, should act on the basis of the principle of independence from the FFA. Meanwhile, in case of assuming the position of the FFA President by the NSS Director, national security officials can not maintain the principle of independence from the activities of public associations in the relations with the Union of Legal Entities of Armenia, as the NSS Director will be the highest official of the public association, FFA IN THE RA, IN THE RELATIONS WITH NSS BODIES. In accordance with Article 43 (1) (4) of the RA Law on “Service in the National Security Service”, the officer of the national security service has no right to be a representative of the third party in the relations with the body in which he is in service; which is directly subordinate to itself or directly controlled by it.
In addition, the following should also be considered:
According to the preceding paragraph of Article 19 of the RA Law on National Security Bodies, employees of national security bodies are prohibited from engaging in entrepreneurial activity, as well as supporting legal entities and citizens who implement ACTIVITY.
In accordance with Part 1, Part 5, Part 4 of the Statute of the Union of Legal Entities of Armenia, the FFA has the right to set up business entities for the purpose of implementing entrepreneurial activity or to participate in the objectives set forth in the statute To acquire property, including securities, as well as to possess, use and dispose of them and the income derived from them in any manner not prohibited by the RA legislation.
According to point 5 of Part 2 of the Charter of the Union of Legal Entities of Armenia, FFA PROPERTY IS PROVIDED FROM ENTERPRISE PROFIT INCOME OF ECONOMIC COMPANIES CREATED BY FFA.
Combining the aforementioned legal norms with the powers of the FFA President, fixed in Section 10 of the Charter of the Federation of Legal Entities of Armenia, it becomes clear that the NSS Director, being a national security officer, is elected as the FFA President, an official may not be assisted by the FFA-established economic entities to engage in entrepreneurial activity, such circumstance is incompatible with national security rminneri employees and with activities prohibited by law.
director, s. c. lawyer Slavik Poghosyan
deputy director, lawyer Artak Navasardyan