According to expert group of academic lawyers of Council of Europe, there are no contradictions in the new Criminal Procedure Code as the news thereof was spread on the Internet

A message was spread on the Internet, according to which the regulations regarding the "request for information" and "control over digital, including telephone communication" operations in the new Criminal procedure Code spark a contradiction and are subject to review. In this regard, the following should be mentioned:

Within the scope of the co-operation between the Ministry of Justice and the Council of Europe, academic lawyers Hrayr Ghukasyan, Davit Melkonyan and Arsen Nikoghosyan have developed a practical guide for interpretation of the conceptual solutions, innovative approaches and main institutions of the new Criminal Procedure Code of the Republic of Armenia, in which the academic lawyers have also touched upon part 3 of Article 232 and Article 249 of the new Code that are being discussed on the Internet, recording, in essence, that they regulate different legal relations.

In particular, communication of a person is controlled through the secret investigative operation "control over digital, including telephone communication" in issue.

Communication of a person is not controlled through the "request for information" operation, but certain information on the communicators is obtained (telephone numbers of the communicators, personal data of the subscriber, etc.), which is not deemed to be a secret of personal life of the person. Accordingly, the guide has also recorded that no court decision is required for obtaining the specified data, as the Constitution does not provide for such a high bar in the case of restriction on the right to inviolability of private life, hence, prosecutorial oversight may serve as a proper means for guaranteeing that right.

The analysis conducted by the authors allows reaffirming that the Articles in issue regulate different legal relations, concern data having different levels of protection; consequently, there may be legislative contradictions.