Transparency International Anti-corruption Center applied to RA National Assemblys Interim Committee on Ethics based on the article headlined "The whole family in National Assembly or who are assistants to MPs?" published in "Hetq" online on April 17, 2013. It addresses the institute of assistant to MP and the practice of its recruiting, especially hiring family members or relatives as assistants.

According to Article 11, paragraph 1 of RA Law on Rules of Procedure of the National Assembly "An MP may have two assistants, one of which works on a paid basis, and the other - pro bono." Moreover, the assistant, working on a paid basis is employed on a fixed term contract by the recommendation of the MP, whereas no such legal regulation is provided in case of the assistant working on pro bono basis.

There are no restrictions for an MP to nominate candidacy for assistant (working on a paid basis), which enables the MP to hire his/her family members or relatives as assistant to work together. It is implied from the the data provided in the above-mentioned article that the family members are mainly hired as assistants working on a paid basis.

Nonetheless, the issue we brought up by this application does not refer to work on paid or pro bono basis, but rather the legal and and moral aspects are of concern. Legislative restriction is provided on working together according to Article 23, part 1, paragraph 8, RA Law on Public Service. It reads: "It is forbidden to the public servant and high-ranking official to work together with close relatives or in-laws (parent, spouse, child, brother, sister, spouses parent, child, brother and sister), if their service is connected with direct subordination to or supervision over one another (except MPs)."

We are of the opinion that such legislative exception for an MP is not driven by the rule of law, which entails lack of public trust in the institute of MP and respect for the body it represents by taxpayers who provide payment of the MP and his/her assistant working on a paid basis. Whereas according to RA Law on Rules of Procedure of the National Assembly an MP shall contribute by his/her actions to developing trust in and respect for the National Assembly.

Based on the above mentioned, TIAC requested from the Ethics Committee to examine the issues mentioned in the application and express its standpoint on legislation and law enforcement within the scope of ethical norms.