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 Wednesday, September 17 2025 12:10
Naira Badalian

Armenia`s CC accepts for consideration case of constitutionality of  amendments to laws allowing nationalization of ENA CJSC

Armenia`s CC accepts for consideration case of constitutionality of  amendments to laws allowing nationalization of ENA CJSC

ArmInfo.  On December 16, the Constitutional Court of Armenia will consider the constitutionality of the amendments to laws that allow the nationalization of Electric Networks of Armenia, a company owned by Tashir Group (Samvel  Karapetyan). This decision was made by the Constitutional Court of  Armenia.

"The Constitutional Court of the Republic of Armenia has accepted for  consideration the case regarding the constitutionality of Clause (d)  of Part 1 of Article 17, Parts 2.1 and 2.2 of Article 27, Article 52,  Article 52.1 of the Law on Energy, and Part 9 of Article 36 of the  Law on Public Services Regulatory Authority," the Court reports.

Opposition MPs previously appealed to the Constitutional Court not  only to declare the laws adopted by the ruling faction on ENA  unconstitutional but also to suspend the effect of these laws until  the Constitutional Court issues a ruling. The Constitutional Court  decided to consider the application only two months later.

The case will be heard in writing. The National Assembly is  participating in the proceedings as a defendant.  In accordance with  the Constitutional Court's decision, the National Assembly of Armenia  will be included in the proceedings as a defendant. Constitutional  Court Judge A. Vagharshyan has been appointed rapporteur on this  case.

As a reminder, on July 18, by decision of the head of the Public  Services Regulatory Commission (PSRC), Romanos Petrosyan was  appointed as the interim manager of the Public Services Regulatory  Commission (ESRC) within the framework of administrative proceedings  and the application of preventive measures against Elseti. It was  reported that Petrosyan's powers would remain in effect until the  decision on the results of the administrative proceedings came into  force. Petrosyan's appointment came amid statements by Prime Minister  Nikol Pashinyan regarding the possible nationalization of the  company, which is owned by the Tashir Group of Companies. Parliament  subsequently adopted amendments to laws providing for the return of  Elseti to state control.

On August 8, 2025, Narek Karapetyan, a shareholder of Electric  Networks of Armenia CJSC and CEO of Tashir Capital CJSC, filed a  lawsuit in the Administrative Court against the Public Services  Regulatory Commission of Armenia and its Chairman, Mesrop Mesropyan.  In the lawsuit, Karapetyan demands the reversal of the decision to  initiate proceedings, made based on the Ministry of Territorial  Administration's report of July 15, citing a lack of legal basis. The  report notes an increase in system failures at ENA, deteriorating  power lines, a lack of proper voltage indication, and power outages.

On August 11, 2025, Samvel Karapetyan and his family formally  initiated international arbitration proceedings against the Republic  of Armenia to hold the Republic of Armenia accountable for the  expropriation of ENA CJSC. To protect Armenia's interests in the  arbitration case Liormand Holdings Limited et al. v. RA, which is  being handled by the Arbitration Institute of the Stockholm Chamber  of Commerce (SCC), the Armenian government will contribute $3.5  million from the state treasury (from taxpayers' pockets). The US law  firm Foley Hoag LLP will represent Armenia in the Stockholm  arbitration in the ENA case.  

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