Opposition parties in the National Assembly have filed a petition with the Constitutional Court to challenge the constitutionality of the law enabling government seizure of Hrazdan Thermal Power Plant, and requested suspension of the law until a final decision.
Artsvik Minasyan of the Hayastan faction says the petition targets multiple provisions. First, it infringes property rights by allowing loss of the license without judicial review, effectively stripping the licensee of its property rights.
Secondly, the law permits seizure of property by methods not provided under the Constitution or international treaties. It also violates the ban on retroactive legislation, potentially holding parties accountable for actions predating the law.
Thirdly, it impinges on the independent Public Services Regulatory Commission’s mandate. Instead of the commission voting collegially, the law hands appointment authority for a plant manager to its chair alone—centralizing control and sidelining the owner, board, and CEO.
Minasyan also argues certain provisions violate legal clarity in pricing decisions: the draft grants the government priority rights, whereas in both LLCs and JSCs those rights belong to shareholders.
He further criticizes procedural shortcomings: no expert reviews, no public hearings, and lack of societal participation. The greatest risk, he warns, is potential collapse of the energy system if the amendments are enacted.
He emphasizes their request to suspend the law during the Court’s substantive review to prevent irreversible harm. They plan to seek an oral hearing given the issue’s public importance and national security implications.
Despite low expectations from the current Constitutional Court, Minasyan says international courts may review the case later, and hopes the Court will act rationally and uphold the Constitution.
“In just two weeks, after statements from Tashir Group chairman and philanthropist Samvel Karapetyan about defending the Armenian Apostolic Church, the ruling Civil Contract faction drafted a legislative package enabling state takeover of Hrazdan Thermal Plant—and passed it in a single extraordinary session within one day.”
