PROTECTION OF COMMUNITY INTERESTS BY THE PROSECUTOR’S OFFICE: CONSTITUTIONAL AND LEGAL CHALLENGES

Abstract

This article provides an in-depth analysis of the constitutional framework governing the powers of the Prosecutor’s Office in the context of the protection of state and community interests. The primary aim of the study is to determine whether the legislative amendments conferring upon the Prosecutor’s Office the authority to initiate claims for the protection of community interests are compatible with the requirements and underlying logic of the Constitution of the Republic of Armenia.

The research employs linguistic, systemic, and formal-logical methods of legal interpretation, as well as the analytical approach of identifying the intent of the legislator. The study examines the evolution of constitutional regulation (1995, 2005, 2015), relevant legislative amendments, their explanatory notes, and the emerging judicial practice.

The findings demonstrate that the concept of “state interest” in the Constitution functions as an autonomous legal category, the content of which does not encompass “community interest.” The amendments introduced by the Amending Law are largely mechanical in nature and were not supported by a comprehensive constitutional and systemic analysis, thereby creating normative uncertainty and a risk of misinterpretation of the constitutional text.

The article further argues that the issue of protecting community interests could have been addressed through alternative legal mechanisms without conferring additional powers upon the Prosecutor’s Office beyond those provided for by the Constitution. It is concluded that the matter requires constitutional assessment and is likely to become the subject of review by the Constitutional Court.