A number of NGOs have expressed concerns about the proposed changes in the Electoral Code, stating that they are highly problematic. The RA Ministry of Justice has developed a draft law that aims to regulate the amendments and changes to be made in the Electoral Code of the Republic of Armenia. While the draft offers significant changes and amendments, it fails to address the concerns raised by civil society organizations, international organizations, and bodies accredited by the Republic of Armenia that have been involved in the annual presentations of electoral declarations for many years. These organizations have also raised concerns about the violation of their subjective rights when their objectives are compromised. Similarly, the draft does not adequately address the role of observer organizations in the electoral process, including monitoring and assessing the implementation of electoral procedures, as well as the activities of public and political organizations in organizing and holding national referendums and elections.

In a joint assessment published on February 18, 2013, the ODIHR and the Venice Commission recommended amendments to the Electoral Code following the parliamentary elections in 2013. These recommendations included granting citizenry, observers, and observer organizations the right to challenge the decisions and actions of the electoral authorities, as well as the electoral results. Furthermore, they proposed extending the deadline for the review process of such challenges, complaints, and decisions. The same problem was identified in another ODIHR opinion on the draft law amending the Electoral Code, published on June 13, 2016, and approved by the Venice Commission CDL-AD(2016)031. The recommendation emphasized the need for electoral authorities to set a limit for challenges under judicial review, in accordance with international standards, for individuals who are members of electoral authorities, observer organizations, technical maintenance officers, or authorized persons acting with juridical powers. This problem was further addressed in an ODIHR opinion approved on October 17, 2016, highlighting the need for a solution in the National Assembly of the Republic of Armenia.

Based on the provisions of the current Electoral Code of the Republic of Armenia, it does not explicitly recognize that observers, voters, and observer organizations have the subjective right to challenge the decisions of electoral authorities and the election results within the existing deadlines. These findings should be taken into account when determining the jurisdiction of the Constitutional Court to examine subjective violations of rights related to elections and referendums. Therefore, it is necessary to discuss the possibility of amending the 31st article of the Electoral Code in line with the proposal made in the draft. This proposal, however, was denied by the Central Electoral Commission. The official political status of observer organizations in the electoral process should be considered when clear facts of subjectivity arise after official accreditation.

These concerns have been raised by organizations such as the Helsinki Citizens’ Assembly – Vanadzor NGO, Transparency International Anti-Corruption Center NGO, and the Foundation for the Protection of Law and Democracy.