CONSTITUTION OF RA
CHAPTER 1. The Foundations of Constitutional
Order
CHAPTER 2. Fundamental Human and Civil Rights and Freedoms
CHAPTER 3. The President of the Republic
CHAPTER 4. The National Assembly
CHAPTER 5. The Government
CHAPTER 6. Judicial Power
CHAPTER 7. The Local Self-Government
CHAPTER 8. Adoption Of The Constitution, Amendments
And Referendum
CHAPTER 9. Final and Transitional Provisions
The Armenian People, Recognizing as a basis the fundamental principles
of Armenian statehood and the national aspirations engraved in the Declaration
of Independence of Armenia, Having fulfilled the sacred message of its freedom-loving
ancestors for the restoration of the sovereign state, Committed to the strengthening
and prosperity of the fatherland.
In order to ensure the freedom, general will being and civic harmony of
future generations,
Declaring their faithfulness to universal values, Hereby adopts the Constitution
of the Republic of Armenia.
CHAPTER 1
The Foundations of Constitutional Order
^ Article 1. The Republic of Armenia is a
sovereign, democratic, social state governed by rule of law.
Article 2. In the Republic of Armenia the power belongs
to the people.
The people exercise their power through free elections, referenda, as well
as through state and local self-governing bodies and public officials as
provided by the Constitution.
The usurpation of power by any organization or individual constitutes a
crime.
Article 3. The human being, his/her dignity and the fundamental
human rights and freedoms are an ultimate value.
The state shall ensure the protection of fundamental human and civil rights
in conformity with the principles and norms of the international law.
The state shall be limited by fundamental human and civil rights as a directly
applicable right.
Article 4. The elections of the President of the Republic,
the National Assembly and local self-government bodies, as well as referenda
shall be held on the basis of the right to universal, equal and direct suffrage
by secret ballot.
Article 5. The state power shall be exercised in conformity
with the Constitution and the laws based on the principle of the separation
and balance of the legislative, executive and judicial powers.
State and local self-government bodies and public officials are competent
to perform only such acts for which they are authorized by Constitution
or laws.
Article 6. The Constitution of the Republic has shall have
supreme legal force and the norms thereof shall apply directly.
The laws shall conform to the Constitution. Other legal acts shall conform
to the Constitution and the laws.
The laws shall come into force following the official publication in the
Official Bulletin. Other normative legal acts shall come into force following
the official publication in the manner prescribed by law.
The international treaties shall come into force only after being ratified
or approved. The international treaties are a constituent part of the legal
system of the Republic of Armenia. If a ratified international treaty stipulates
norms other than those stipulated in the laws, the norms of the treaty shall
prevail. The international treaties not complying with the Constitution
can not be ratified.
The normative legal acts shall be adopted on the basis of the Constitution
and laws and for the purpose of the ensuring their implementation.
Article 7. The ideological pluralism and multiparty system
are recognized in the Republic of Armenia.
Parties are formed freely and promote the formulation and expression of
the political will of the people. Their activities may not contravene the
Constitution and the laws, nor may their practice contravene the principles
of democracy.
Parties shall ensure the openness of their financial activities.
Article 8. The right to property is recognized and protected
in the Republic of Armenia.
Freedom of economic activity and free economic competition is guaranteed
in the Republic of Armenia.
Article 8.1. The church shall be separate from the state
in the Republic of Armenia.
The Republic of Armenia recognizes the exclusive historical mission of the
Armenian Apostolic Holy Church as a national church, in the spiritual life,
development of the national culture and preservation of the national identity
of the people of Armenia.
Freedom of activities for all religious organizations in accordance with
the law shall be guaranteed in the Republic of Armenia.
The relations of the Republic of Armenia and the Armenian Apostolic Holy
Church may be regulated by the law.
Article 8.2. The armed forces of the Republic of Armenia
shall ensure security, defense and territorial integrity of the Republic
of Armenia, as well as inviolability of its borders. The armed forces shall
maintain neutrality in political matters and remain under civilian control.
Article 9. The foreign policy of the Republic of Armenia
shall be conducted in accordance with the principles and norms of the international
law, with the aim of establishing good neighborly and mutually beneficial
relations with all states.
Article 10. The state shall ensure the protection and reproduction
of the environment and the reasonable utilization of natural resources.
Article 11. Historical and cultural monuments and other
cultural values are under the care and protection of the state.
Within the framework of the principles and norms of the international law
the Republic of Armenia shall contribute to fostering relations with the
Armenian Diaspora, protecting the Armenian historical and cultural values
located in other countries, advancing the Armenian education and culture.
Article 11.1. Regions and communities shall be the administrative-territorial
units in the Republic of Armenia.
Article 11.2. The Republic of Armenia guarantees the local
self-governance.
Article 11.3. The citizens of the Republic of Armenia shall
be under the protection of the Republic of Armenia within the territory
of the Republic of Armenia and beyond its borders.
Armenians by birth shall acquire citizenship of the Republic of Armenia
through a simplified procedure.
The rights and responsibilities of citizens with dual citizenship shall
be defined by law.
Article 12. The state language of the Republic of Armenia
is the Armenian.
Article 13. The flag of the Republic of Armenia is tricolor
made of three horizontal and equal strips of red, blue, and orange.
The coat of arms of the Republic of Armenia depicts, in the center on a
shield, Mount Ararat with Noah's ark and the coats of arms of the four kingdoms
of historical Armenia. The shield is supported by a lion and an eagle while
a sword, a branch, a sheaf, a chain and a ribbon are portrayed under the
shield.
Details of the flag and the coat of arms shall be defined by law.
The national anthem of the Republic of Armenia shall be defined by law.
The capital of the Republic of Armenia is Yerevan.
CHAPTER 2
Fundamental Human and Civil Rights and Freedoms
^ Article 14. Human dignity shall be respected
and protected by the state as an inviolable foundation of human rights and
freedoms.
Article 14.1 Everyone shall be equal before the law.
Any discrimination based on any ground such as sex, race, colour, ethnic
or social origin, genetic features, language, religion or belief, political
or any other opinion, membership of a national minority, property, birth,
disability, age or other personal or social circumstances shall be prohibited.
Article 15. Everyone shall have a right to life. No one
shall be condemned to the death penalty or executed.
Article 16. Everyone shall have a right to liberty and
security. A person can be deprived of or restricted in his/her liberty by
the procedure defined by law and only in the following cases:
1) a person is sentenced for committing a crime by the
competent court;
2) a person has not executed a legitimate judicial act;
3) to ensure the fulfillment of certain responsibilities
prescribed by the law;
4) when reasonable suspicion exists of commission of a
crime or when it is necessary to prevent the commission of a crime by a
person or to prevent his/her escape after the crime has been committed;
5) to establish educational control over a minor or to
present him/her to the competent body;
6) to prevent the spread of infectious diseases and other
social dangers posed by mental patients, persons addicted to alcohol and
drugs, as well as vagrants;
7) to prevent the unauthorized entry of a person into the
Republic of Armenia, as well as to deport or extradite him/her to a foreign
country.
Everyone who is deprived of his/her freedom shall in a language comprehensible
to him/her immediately be informed of the reasons for this and of an indictment
should such be brought against him/her Everyone who is deprived of his/her
freedom shall have a right to immediately notify this to any person chosen
by him/her.
If the arrested person is not detained within 72 hours by the court decision
he/she must be released immediately.
Every person shall have the right to recover damages in case when he/she
has illegally been deprived of freedom or subjected to search on the grounds
and by the procedure defined by the law. Every person shall have the right
to appeal to a higher instance court against the lawfulness and reasons
for depriving him/her of freedom or subjecting to search.
No one shall be deprived of freedom for not honoring his/her civil and legal
obligations.
No one shall be subjected to search otherwise than in conformity with the
procedure prescribed by the law.
Article 17. No one shall be subjected to torture, as well
as to inhuman or degrading treatment or punishment. Arrested, detained or
incarcerated persons shall be entitled to human treatment and respect of
dignity.
No one shall be subjected to scientific, medical and other experiments without
his/her consent.
Article 18. Everyone shall be entitled to effective legal
remedies to protect his/her rights and freedoms before judicial as well
as other public bodies.
Everyone shall have a right to protect his/her rights and freedoms by any
means not prohibited by the law.
Everyone shall be entitled to have the support of the Human Rights’ Defender
for the protection of his/her rights and freedoms on the grounds and in
conformity with the procedure prescribed by law.
Everyone shall in conformity with the international treaties of the Republic
of Armenia be entitled to apply to the international institutions protecting
human rights and freedoms with a request to protect his/her rights and freedoms.
Article 19. Everyone shall have a right to restore his/her
violated rights, and to reveal the grounds of the charge against him/her
in a fair public hearing under the equal protection of the law and fulfilling
all the demands of justice by an independent and impartial court within
a reasonable time”.
The representatives of the mass media and the public may be excluded from
all or part of the trial in the interests of morals, public order, national
security, protection of the private life of the participants, or if the
administration of justice so require.
Article 20. Everyone shall be entitled to legal assistance.
In cases prescribed by the law the legal assistance shall be provided at
the expense of the state resources.
Everyone shall have a right to the assistance of a legal defender chosen
by him/her starting from the moment of his/her arrest, subjection to a security
measure or indictment.
Every convicted person shall have the right to review of the judgment passed
on him/her by a higher instance court in conformity with the procedure prescribed
by the law.
Every convicted person shall have a right to request pardon or mitigation
of the punishment.
All damages incurred by the victim shall be compensated in conformity with
the procedure prescribed by the law.
Article 21. Everyone charged with a criminal offence shall
be presumed innocent until proved guilty by the court judgment lawfully
entered into force as prescribed by law.
The defendant shall not be obliged to prove his/her innocence. The remaining
suspicions shall be interpreted in favor of the defendant.
Article 22. No one shall be obliged to testify about himself/herself,
his/her spouse or close relatives. The law may prescribe other cases of
release from the obligation to testify.
The use of illegally obtained evidence is prohibited.
Imposing of a heavier punishment than the one prescribed by the law in effect
at the time when the crime was committed shall be prohibited.
No one shall be held guilty for a crime on account of any act which did
not constitute a crime under the law in effect at the time when it was committed.
The law eliminating or mitigating the punishment for the offence shall be
retroactive.
The law prescribing or increasing liability shall not be retroactive.
No one shall be tried twice for one and the same act.
Article 23. Everyone shall have the right to respect for
his private and family life.
The collection, maintenance, use or dissemination of any information about
the person other than that stipulated by the law without the person’s consent
shall be prohibited. The use and dissemination of information relating to
the person for purposes contravening the aims of their collection or not
provided for by the law shall be prohibited.
Everyone shall have the right to become acquainted with the data concerning
him/her available in the state and local self-government bodies.
Everyone shall have the right to correction of any non-verified information
and elimination of the illegally obtained information about him/her.
Everyone shall have the right to secrecy of correspondence, telephone conversations,
mail, telegraph and other communications, which may be restricted only by
court decision in cases and in conformity with the procedure prescribed
by the law.
Article 24. Everyone shall have the right of inviolability
of the residence. Breaking into a person’s residence against his/her will
shall be prohibited save in cases prescribed by the law.
The place of residence can be searched only by the decision of the court
in cases and in conformity with the procedure prescribed by law.
Article 25. Everyone legally residing in the Republic Armenia
shall have the right to freedom of movement and choice of residence in the
territory of the Republic Armenia.
Everyone shall have a right to leave the Republic of Armenia.
Every citizen and everyone legally residing in the Republic of Armenia shall
have the right to return to the Republic of Armenia.
Article 26. Everyone shall have the right to freedom of
thought, conscience and religion. This right includes freedom to change
the religion or belief and freedom to, either alone or in community with
others manifest the religion or belief, through preaching, church ceremonies
and other religious rites.
The exercise of this right may be restricted only by law in the interests
of the public security, health, morality or the protection of rights and
freedoms of others.
Article 27. Everyone shall have the right to freely express
his/her opinion. No one shall be forced to recede or change his/her opinion.
Everyone shall have the right to freedom of expression including freedom
to search for, receive and impart information and ideas by any means of
information regardless of the state frontiers.
Freedom of mass media and other means of mass information shall be guaranteed.
The state shall guarantee the existence and activities of an independent
and public radio and television service offering a variety of informational,
cultural and entertaining programs.
Article 27.1. Everyone shall have the right to submit letters
and recommendations to the authorized public and local self-government bodies
for the protection of his/her private and public interests and the right
to receive appropriate answers to them in a reasonable time.
Article 28. Everyone shall have the right to freedom of
association with others, including the right to form and to join trade unions.
Every citizen shall have a right to form political parties with other citizens
and join such parties.
The rights to form parties and trade unions and join them may be restricted
in a manner prescribed by law for the employees in the armed forces, police,
national security, prosecutor’s office, as well as judges and members of
the Constitutional Court.
No one shall be compelled to join any political party or association.
The activities of associations can be suspended or prohibited only through
judicial procedure and in cases prescribed by the law.
Article 29. Everyone shall have the right to freedom of
peaceful and unarmed assembly.
Restrictions on exercising these rights by the employees in the armed forces,
police, national security, prosecutor’s office, bodies as well as judges
and members of the Constitutional Court may be prescribed only by the law.
Article 30. Eighteen-year old citizens of the Republic
of Armenia have the right to take part in the elections and referenda as
well as the right to take part in the public administration and local self-governance
through their representatives chosen directly and through the expression
of free will.
The law may define the right of suffrage for the elections of the bodies
of local self-government and for the local referenda for persons who are
not citizens of the Republic of Armenia.
Citizens found to be incompetent by a court decision, duly sentenced to
prison or serving the sentence, shall not be entitled to vote or be elected.
Article 30.1. A child born of citizens of the Republic
of Armenia, shall be a citizen of the Republic of Armenia. Every child whose
one parent a citizen of the Republic of Armenia, shall have the right to
citizenship of the Republic of Armenia.
The procedure for being granted or terminating the citizenship of the Republic
of Armenia shall be defined by the law.
No person may be deprived of citizenship of the Republic of Armenia, or
the right to change citizenship.
A citizen of the Republic of Armenia may not be extradited to a foreign
state save for cases stipulated in the international treaties ratified by
the Republic of Armenia.
The rights and responsibilities of the persons having dual citizenship shall
be defined by the law.
Article 30.2. All citizens shall have the right to equal
access to public service in conformity with the procedure prescribed by
the law.
The principles of and the procedure for the organizational aspects of public
service shall be defined by law.
Article 31. Everyone shall have the right to freely own,
use, dispose of and bequeath the property belonging to him/her. The right
to property shall not be exercised to cause damage to the environment or
infringe on the rights and lawful interests of other persons, the society
and the state.
No one shall be deprived of property except for cases prescribed by law
in conformity with the judicial procedure.
The private property may be alienated for the needs of the society and the
state only in exclusive cases of prevailing public interests, in the manner
prescribed by the law and with prior equivalent compensation.
Foreign citizens and non-citizens shall not enjoy the right to land ownership
except for cases prescribed by the law
The intellectual property shall be protected by the law.
Article 31.1. The state shall protect the interests of
consumers, take measures prescribed by the law to exercise quality control
over goods, services and works
Article 32. Everyone shall have the freedom to choose his/her
occupation.
Everyone shall have the right to fair remuneration in the amount no less
than the minimum set by the law, as well as the right to working conditions
in compliance with the safety and hygiene requirements.
The employees shall have the right to strike for the protection of their
economic, social and employment interests, the procedure and limitations
thereof shall be prescribed by the law.
The children under the age of 16 shall not be allowed to work full time.
The procedure and conditions for their hiring to a part-time job shall be
defined by the law.
Compulsory employment shall be prohibited.
Article 33. Everyone shall have the right to rest.
The law shall define the maximum working hours, holidays, as well as the
minimum length of annual leave.
Article 33.1. Everyone shall have the right to freedom
of enterprise not prohibited by law.
Abuse of monopoly or dominant position in the market and bad-faith competition
shall be prohibited.
Restriction of competition, possible forms of monopoly and their permitted
sizes may be prescribed by the law.
Article 33.2. Everyone shall have the right to live in
an environment favorable to his/her health and well-being and shall be obliged
to protect and improve it in person or jointly with others.
The public officials shall be held responsible for hiding information on
environmental issues and denying access to it.
Article 34. Everyone shall have the right to a standard
of living adequate for himself/herself and for his/her family, including
housing as well as improvement of living conditions. The state shall take
the necessary measures for the exercise of this right by the citizens.
Article 35. The family is the natural and fundamental cell
of the society.
Men and women of marriageable age have the right to marry and found a family
according to their free will. They are entitled to equal rights as to marriage,
during marriage and divorse.
Dismissal for reasons connected with maternity is prohibited. Everyone woman-employee
shall, in case of pregnancy and childbirth, have the right to paid maternity
leave and parental leave following the birth or adoption of a child.
Article 36. Parents shall have the right and obligation
to take care of the education, health of as well as the full and harmonious
development of their children.
No one may be deprived of or restricted in his/her parental rights save
by the decision of the court in conformity with the procedure prescribed
by the law.
Adult capable persons are obliged to take care of their parents who are
incapacitated and in need of such care.
Article 37. Everyone shall have the right to social security
during old age, disability, loss of bread-winner, unemployment and other
cases prescribed by the law. The extent and forms of social security shall
be prescribed by the law.
Article 38. Everyone shall have the right to benefit from
medical aid and service under the conditions prescribed by the law.
Everyone shall have the right to free of charge benefit from basic medical
aid and services. The list and the procedure of the services shall be prescribed
by the law.
Article 39. Everyone shall have a right to education.
Basic general education shall be compulsory except the cases prescribed
by law. The law may establish a higher level of compulsory education.
The secondary education in state educational institutions is free of charge.
The law shall define the principles of autonomy in higher educational institutions.
The procedures for establishing and operations of educational institutions
shall be defined by the law.
All citizens shall have the right to free higher and professional education
in state higher and other professional educational institutions on the basis
of competition as prescribed by the law. In cases and in conformity with
the procedure prescribed by law the state shall provide financial and other
assistance to institutions conducting higher and other professional education
programs, as well as their students.
Article 40. Everyone shall have the right to freedom of
literary, aesthetic, scientific and technical creation, to make use of the
scientific advancement and to participate in the cultural life of the society.
Article 41. Everyone shall have the right to preserve his
or her national and ethnic identity.
Persons belonging to national minorities shall have the right to preservation
and development of their traditions, religion, language and culture.
Article 42. The fundamental human and civil rights and
freedoms stipulated in the Constitution shall not exclude the other rights
and freedoms prescribed by laws and international treaties.
Everyone shall have the right to act in a way not prohibited by the law
and not violating others’ rights and freedoms. No one shall bear obligations
not stipulated by the law.
The laws and other legal acts exacerbating the legal status of an individual
shall not be retroactive.
The legal acts improving the legal status of an individual, eliminating
or mitigating his/her liability shall be retroactive if prescribed by the
acts in question.
Article 42.1. The fundamental human and civil rights and
freedoms shall apply to legal persons to the extent these fundamental rights
and freedoms are applicable to them.
Article 43. The fundamental human and civil rights and
freedoms set forth in Articles 23-25, 27, 28-30, 30.1, Part 3 of Article
32 may be temporarily restricted only by the law if it is necessary in a
democratic society in the interests of national security, public order,
crime prevention, protection of public health and morality, constitutional
rights and freedoms, as well as honor and reputation of others.
Limitations on fundamental human and civil rights and freedoms may not exceed
the scope defined by the international commitments assumed by the Republic
of Armenia.
Article 44. Special categories of fundamental human and
civil rights, except for those stipulated in Articles 15, 17-22 and 42 of
the Constitution may be temporarily restricted as prescribed by the law
in case of martial law or state of emergency within the scope of the assumed
international commitments on deviating from commitments in cases of emergency.
Article 45. Everyone shall be obliged to pay taxes, duties
and other compulsory fees in conformity with the procedure prescribed by
the law.
Article 46. Every citizen shall be obliged to take part
in the defense of the Republic of Armenia in conformity with the procedure
prescribed by the law.
Article 47. Everyone shall be obliged to honor the Constitutions
and laws, to respect the rights, freedoms and dignity of others.
The exercise of the rights and freedoms with the purpose of overthrow of
the constitutional order, incitement to national, racial and religious hatred,
propaganda of violence or warfare shall be prohibited.
Article 48. The basic tasks of the state in the economic,
social and cultural spheres are:
1) to protect and patronage the family, the motherhood
and the childhood;
2) to contribute to the employment for the population and
the improvement of working conditions;
3) to foster housing construction, to contribute to the
improvement of every citizen’s housing conditions
4) to implement health care programs for the population
and contribute to the effective and affordable medical service for the population;
5) to contribute to the involvement of the youth in the
political, economic and cultural life of the country;
6) to promote the physical culture and sport;
7) to carry out a policy of preventive care, treatment
and integration of the handicapped ;
8) to support the development of free of charge higher
and vocational education;
9) to support the development of science and culture;
10) to pursue the environmental security policy for present
and future generations;
11) to support the free access for each person to national
and universal values;
12) to ensure decent living standard for old persons.
The state shall, within the scope of its possibilities, be obliged to undertake
necessary measures for the fulfillment of the purposes prescribed in this
Article.
CHAPTER 3
The President of the Republic
^ Article 49. The President of the Republic
of Armenia shall be the head of the state.
The President of the Republic shall strive to uphold the Constitution and
to ensure the regular functioning of the legislative, executive and judicial
powers.
The President of the Republic shall be the guarantor of the independence,
territorial integrity and security of the Republic of Armenia.
Article 50. The President of the Republic shall be elected
by the citizens of the Republic of Armenia for a five year term of office.
Every person having attained the age of thirty five, having been a citizen
of the Republic of Armenia for the preceding ten years, having permanently
resided in the Republic for the preceding ten years, and having the right
to vote is eligible to be elected as President of the Republic.
The same person may not be elected for the post of the President of the
Republic for more than two consecutive terms.
Article 51. The election of the President of the Republic
shall be held fifty days prior to the expiration of his/her term of office
in conformity with the procedure defined by the Constitution and the law.
The candidate who has received more than half of the votes shall be elected
President of the Republic.
If the election involves more than two candidates and none of them receives
the required number of votes a second round of election shall be held on
the fourteenth day following the voting. The two candidates having received
the highest number of votes may participate in the second round of election
of the President of the Republic. In the second round the candidate receiving
the highest number of votes shall be elected President of the Republic.
If only one candidate runs for the election, he/she shall be elected if
he/she receives more than half of the votes of electors participated in
the polls.
If the Constitutional Court admits a case on the results of presidential
elections, it must render a decision within ten days following the receipt
of the application, and the terms defined in this article shall be calculated
starting from the moment the court decision comes into force.
If the President of the Republic is not elected, a new election shall be
appointed and the voting shall be held on the fortieth day following the
date of appointment of the new election.
The President of the Republic shall take office on the day when the term
of office of the previous President expires.
The President of the Republic elected by new or extraordinary elections
shall take office on the twentieth day following the elections.
Article 52. Should one of the presidential candidates face
insurmountable obstacles, the election of the President of the Republic
shall be postponed for two weeks. In the event that the obstacles recognized
as insurmountable are not eliminated within the aforementioned period of
time a new election shall be appointed and the voting shall be held on the
fortieth day following the expiration of the two-week’s period.
In case of the death of one of the candidates before the day of voting a
new election shall be appointed and the voting shall be held on the fortieth
day following the date of appointment of the new election.
Article 53. In the event of the resignation of the President
of the Republic, his or her passing, incapacity to perform his or her functions
or removal from office in accordance with Article 57 of the Constitution,
extraordinary presidential elections shall be held on the fortieth day following
the vacancy of the office of the President of the Republic.
Article 53.1. During martial law or state of emergency
no elections of the President of the Republic shall be held and the President
of the Republic shall continue the discharge of his/her responsibilities.
In this case the election of the President of Republic shall be held on
the fortieth day following the expiration of the term of the martial law
or state of emergency.
Article 54. The President of the Republic shall accept
office in conformity with the procedure prescribed by law at the special
sitting of the National Assembly by swearing the following oath to the people,
“Assuming the office of the President of the Republic of Armenia I swear:
to fulfill the requirements of the Constitution in an unreserved manner;
to respect the fundamental human and civil rights and freedoms; to ensure
the protection, independence, territorial integrity and security of the
Republic to the glory of the Republic of Armenia and to the welfare of the
people of the Republic of Armenia.
Article 55. The President of the Republic:
1) shall deliver addresses to the people and the National
Assembly;
2) shall, within twenty one days of receipt, sign and promulgate,
the laws passed by the National Assembly;
Within this period he/she may remand the law passed by the National Assembly
to the latter with objections and recommendations requesting for new deliberations.
The President shall, within five days, sign and promulgate the law re-adopted
by the National Assembly;
3) dissolve the National Assembly in the cases and in conformity
with the procedure prescribed by Article 74.1 of the Constitution and declares
extraordinary elections;
4) shall, on the basis of the distribution of the seats
in the National Assembly and consultations held with the parliamentary factions,
appoint as Prime Minister the person enjoying confidence of the majority
of the Deputies and if this is impossible the President of the Republic
shall appoint as the Prime Minister the person enjoying confidence of the
maximum number of the Deputies. The President of the Republic shall appoint
the Prime Minister within ten days after acceptance of the resignation of
the Government. The Government shall be formed within 20 days after the
appointment of the Prime Minister.
The President of the Republic shall appoint to and dismiss from office the
members of the Government upon the recommendation of the Prime Minister;
The President of the Republic shall accept the resignation of the Government
on the day of the first sitting of the newly elected National Assembly,
of the assumption of the office by the President of the Republic, of the
expression of the vote of no confidence to the Government, of not giving
approval to the program of the Government, of the resignation of the Prime
Minister or when the office of the Prime Minister remains vacant. After
the acceptance of the resignation of the Government by the President of
the Republic the members of the Government shall continue discharging their
responsibilities until the formation of the new Government;
5) shall make appointments to state office positions in
cases prescribed by the law;
6) shall form and preside over the National Security Council,
may establish other advisory bodies;
7) shall represent the Republic of Armenia in international
relations, execute the general guidance of the foreign policy, conclude
international agreements, forward the international agreements to the National
Assembly for ratification and sign their ratification forms, approve, suspend
or annul the international agreements for which no ratification is required;
8) shall appoint to and recall from office the diplomatic
representatives of the Republic of Armenia in foreign countries and international
organizations, accept the letters of credence and recall of the diplomatic
representatives in foreign countries and international organizations;
9) shall recommend to the National Assembly the candidacy
of the Prosecutor General, the Chairman of the Central Bank and the Chairman
of Control Chamber. Shall upon the recommendation of the Prosecutor General
appoint and release the deputies of the Prosecutor General;
10) shall appoint 4 members of the Constitutional Court
and, if the National Assembly fails to appoint the President of the Constitutional
Court in the period prescribed in Article 83 Clause 1 - the President of
the Constitutional Court from among the members of the Constitutional Court;
He may, on the basis of a conclusion of the Constitutional Court terminate
the powers of any of his/her appointees in the Constitutional Court or give
his consent to involve the member as an accused, detain him/her, authorize
to institute a court proceeding to subject him/her to administrative liability.
11) upon the recommendation of the Council of Justice:
a) shall appoint the presidents and the judges of the Court
of Cassation and its chambers, the appeal, first instance and specialized
courts,
b) shall terminate their powers,
c) give agreement to involve them as accused, detain them
or initiative administrative proceedings against them through judicial process;
Upon the conclusion of the Council of Justice appoint judges of the appeal,
first instance and professional courts.
11.1) shall appoint two legal scholars as members of the
Council of Justice
12) shall be the Commander-in-Chief of the armed forces,
coordinate the operations of the government bodies in the area of defense,
appoint to and dismiss from office the Highest Command of the armed and
paramilitary forces.
13) in the event of an armed attack against the Republic,
an imminent danger thereof or declaration of war, shall declare a martial
law, may call for a general or partial mobilization and shall decide on
the use of the armed forces.
During warfare the President may appoint or dismiss from the office the
Highest Commandant.
In case of use of the armed forces or declaration of martial law a special
sitting of the National Assembly shall be convened by force of law.
The law shall define the legal regime of martial law.
14) in the event of an imminent danger to the constitutional
order, after consulting with the Chairman of the National Assembly and the
Prime Minister, shall declare state of emergency and take measures appropriate
in the given circumstances and address the people on the situation.
In case of declaration of the state of emergency a special sitting of the
National Assembly shall be convened by force of law.
The law shall define the legal regime of the state of emergency.
15) shall, by the procedure defined by law, resolve issues
related to granting citizenship of the Republic of Armenia and political
asylum;
16) shall award the orders and medals of the Republic of
Armenia, promote to highest military ranks and award honorary titles, as
well as promote to highest diplomatic and other classification ranks;
17) may grant pardon to convicted persons.
Article 56. The President of the Republic shall issue orders
and decrees, which shall not contradict the Constitution and laws of the
Republic of Armenia and shall be subject to implementation throughout the
territory of the Republic.
Article 56.1. The President of the Republic shall be immune.
The President of the Republic may not be prosecuted or held liable for actions
arising from his/her status during and after his/her term of office.
The President of the Republic may be prosecuted for the actions not connected
with his or her status after the expiration of his/her term of office.
Article 57. The President may be impeached for state treason
or other heavy crimes.
In order to obtain a conclusion on the motion of impeaching the President
of the Republic from office, the National Assembly shall appeal to the Constitutional
Court by a resolution adopted by the majority of the deputies.
The resolution to remove the President of the Republic from office shall
be passed by the National Assembly by a two-thirds majority vote of the
total number of deputies, based on the conclusion of the Constitutional
Court.
In the event that the Constitutional Court concludes that there are no grounds
for impeaching the President of the Republic the motion shall be removed
from the agenda of the National Assembly.
Article 58. The President of the Republic shall submit
his/her resignation to the National Assembly. In case of submitting the
resignation for a second time within 2 days following the expiration of
a ten-day period, the resignation shall be deemed accepted and an extraordinary
election shall be held in conformity with the procedure and terms stipulated
in the Constitution.
Article 59. In case of serious illness of the President
of Republic or other insurmountable obstacles which enduringly render the
discharge of his/her responsibilities impossible, the National Assembly
shall upon the recommendation of the Government, the conclusion of the Constitutional
Court and with a minimum of two thirds majority vote of the total number
of its members adopt a decision on the incapacity by the President of the
Republic to discharge his/her responsibilities.
In the event that the Constitutional Court concludes that the grounds for
the incapacity of the President of Republic to discharge his/her responsibilities
do not exist, the Government may not put such motion forward to the National
Assembly.
Article 60. In the event the office of the President of
the Republic is vacant and before the newly elected President assumes the
office, the presidential duties shall devolve onto the Chairman of the National
Assembly or, if that is impossible, onto the Prime Minister. During the
performance of the duties of the President of the Republic by the Chairman
of the National Assembly, the duties of the Chairman of the National Assembly
shall devolve to the deputy of the Chairman of the National Assembly, who
was elected to his/her post by most of votes. During this period it is prohibited
to call a referendum, appoint the Prime Minister, appoint to and dismiss
from office the Highest Command of the armed and paramilitary forces (except
a martial law situation), make appointments to police and national security
positions in cases prescribed by law, as well as exercise the powers stipulated
in Clauses 3, 8, 16 and 17 of Article 55 of the Constitution.
Article 61. The President of the Republic shall in conformity
with the procedure defined by the law form his/her staff. The remuneration,
servicing and security of the President of the Republic shall be prescribed
by the law.
CHAPTER 4
The National Assembly
^ Article 62. Legislative power in the Republic
of Armenia shall be vested in the National Assembly. In cases stipulated
in Clauses 13 and 14 of Article 55, Articles 57, 59, part 2 of this Article,
66, 67, 69, 73, 74, 74.1, 75, 77, 79, part 2 of Article 80, 81, 83, 83.1,
83.2, 83.3, 83.4, 84, 94.1, Clause 2 of Article 101, 103, 111 and 112 as
well as on matters related to the organization of its activities the National
Assembly shall adopt resolutions, which shall be signed and promulgated
by the Chairman of the National Assembly.
The National Assembly shall make addresses and announcements in conformity
with the procedure prescribed by the Law on the Rules of Procedure of the
National Assembly.
The powers of the National Assembly shall be defined by the Constitution.
The procedure of the activities of the National Assembly, as well as the
formation and activities of its bodies shall be defined by the Constitution
and the Rules of Procedure of the National Assembly.
Article 63. The National Assembly shall consist of one
hundred and thirty one deputies.
The National Assembly is elected for a term of five years. Its term of office
shall begin at the moment when the newly elected National Assembly convenes
for its first sitting. The term of office of the National Assembly shall
expire at the moment of opening of the first sitting of the newly elected
National Assembly.
The National Assembly may not be dissolved during the of state of martial
law and state of emergency as well as in the event a motion on impeaching
the President of Republic is put forward.
In the course of martial law or state of emergency elections to the National
Assembly may not be held and the term of office of the National Assembly
shall be extended until the opening of the first session of the newly elected
National Assembly following the end of the martial law and state of emergency.
In this case the election to the National Assembly shall be held no sooner,
than fifty and no later than sixty days after the state of emergency or
martial law is abolished.
Article 64. Any person having attained the age of twenty
five, having been a citizen of the Republic of Armenia for the preceding
five years, having permanently resided in the Republic for the preceding
five years, and having the right to vote, may be elected a Deputy.
Article 65. A Deputy may not be engaged in entrepreneurial
activities, hold an office in state and local self-government bodies or
in commercial organizations, as well as engage in any other paid occupation,
except for scientific, educational and creative work. A Deputy shall discharge
his/her responsibilities on a permanent basis.
The status and guarantees of the activity of a Deputy shall be defined by
the Constitution and law.
Article 66. A Deputy shall not be bound by an imperative
mandate and shall be guided by his or her conscience and convictions.
A Deputy, during and after the term of his/her parliamentary powers, may
not be prosecuted and held liable for actions arising from his/her status,
including the opinions expressed by him/her in the National Assembly, provided
these are not insulting or defamatory.
A Deputy may not be involved as an accused, detained or subjected to administrative
liability through a judicial procedure without the consent of the National
Assembly.
A Deputy may not be arrested without the consent of the National Assembly
except for cases when he/she is arrested when caught in the act. In such
a case the Chairman of the National Assembly shall be immediately notified.
Article 67. The powers of a Deputy shall terminate upon
the expiration of the term of office of the National Assembly, dissolution
of the National Assembly, violation of the provisions stipulated in Part
1 of Article 65 of the Constitution, loss of citizenship, absence from more
than half of floor voting in the course of a single session, prison sentence,
legal incapacity and resignation from office.
A Deputy's term of office shall be terminated in the manner prescribed by
the Rules of Procedure of the National Assembly.
Article 68. Regular elections to the National Assembly
shall be held no sooner than fifty and no later than forty days prior to
the expiration of the term of the National Assembly.
The extraordinary elections of the National Assembly shall be held no sooner
than thirty and no later than forty days after the dissolution of the National
Assembly.
The date of elections to the National Assembly shall be appointed by a Presidential
decree.
The first session of a newly elected National Assembly shall convene on
the third Thursday following the election of at least two thirds of the
total number of Deputies.
The first session of a newly elected National Assembly shall convene on
the third Thursday following the election of at least two thirds of the
total number of Deputies.
In case of an extraordinary election the first session of the newly elected
National Assembly shall convene on the second Thursday following the election
of at least two thirds of the total number of Deputies.
Article 69. The regular sessions of the National Assembly
shall be convene on the dates and in the manner prescribed by Law on the
Rules of Procedure of the National Assembly.
The sittings of the National Assembly shall be open to the public. Closed-door
sittings may be convened by a resolution of the National Assembly.
Article 70. An extraordinary session or sitting of the
National Assembly shall be convened by the Chairman of the National Assembly
at the initiative of the President of the Republic, at least one third of
the total number of Deputies or the Government. The extraordinary session
or sitting shall be held by the agenda and timetable specified by the initiator.
Article 71. The laws and resolutions of the National Assembly,
save for cases set forth in the Constitution, shall be adopted by the majority
of votes of the Deputies having participated in the voting provided that
more than half of the total number of Deputies have voted.
Article 72. Should the National Assembly decline to accept
the recommendations and objections presented by the President of the Republic,
it shall pass the remanded law, again with a majority vote of the number
of Deputies.
The National Assembly shall deliberate on a priority basis any law, which
has been remanded by the President.
Article 73. There may be not more than twelve standing
committees established in the National Assembly.
The standing committees shall be established for the preliminary review
of draft legal acts and other issues and for providing the National Assembly
with conclusions thereon.
If necessary and in conformity with the procedure stipulated in the Law
on Rules of Procedure of the National Assembly ad hoc committees may be
established for the preliminary review of special draft laws or for submission
of conclusions and reports on special issues, events and facts to the National
Assembly.
Article 74. The Government shall within twenty days of
its formation present its program to the National Assembly. The issue of
approval of the program of the Government by the National Assembly shall
be discussed on a priority basis and voted within five days after its presentation.
The resolution on approval of the program of the Government shall be adopted
by a majority vote of the total number of the Deputies.
Article 74.1. The President of the Republic shall dissolve
the National Assembly if the National Assembly does not give an approval
to the program of the Government two times in succession within two months.
The President of Republic may also dissolve the National Assembly upon the
recommendation of the Chairman of the National Assembly or the Prime Minister
in the following cases:
a) If the National Assembly fails within three months to
resolve on the draft law deemed urgent by the decision of the Government
or;
b) If in the course of a regular session no sittings of
the National Assembly are convened for more than three months or
c) If in the course of a regular session the National Assembly
fails for more than three months to adopt a resolution on issues under debate.
Article 75. The right to legislative initiative in the
National Assembly shall belong to the Deputies and the Government.
The Government may determine the sequence of the debate for its proposed
draft legislation and may demand that they be voted only with amendments
acceptable to it.
In conformity with the conclusion of the Government the National Assembly
shall adopt the draft laws reducing the state budget revenues or increasing
the state budget expenditures by the majority of the total number of votes
of the Deputies.
The Government may put forward a motion on confidence in the Government
in conjunction with the adoption of a draft law proposed by the Government.
If within twenty four hours after the Government has raised the question
of the vote of confidence a minimum of one third of the total number of
Deputies does not put forward a draft resolution on expressing no confidence
in the Government or if no resolution on expressing no confidence in the
Government is adopted by the majority of the total number of Deputies during
the period set forth in Article 84 Part 3 in case when such a draft is put
forward, the draft law proposed by the Government shall be considered adopted.
The Government may not raise the issue of its confidence in conjunction
with a draft law more than twice during any single session.
Article 76. The National Assembly shall adopt the state
budget upon its submission by the Government. If the budget is not adopted
by the start of the fiscal year, all expenditures shall be incurred in the
same proportions as in the previous year's budget.
The procedure for debate on and adoption of the state budget shall be prescribed
by the Law on the Rules of Procedure of the National Assembly.
Article 77. The National Assembly shall oversee the implementation
of the state budget, as well as the use of loans and credits received from
foreign governments and international organizations.
The National Assembly shall examine the annual report on the execution of
the state budget and adopt the report based on the findings of the Control
Chamber.
Article 78.
[Removed].
Article 79. The National Assembly shall elect its Chairman
by a majority vote of the total number of the Deputies.
The Chairman of the National Assembly shall chair the sittings, manage its
material resources and ensure its normal functioning.
The National Assembly shall elect two Deputy Chairmen of the National Assembly.
Article 80. Deputies shall be entitled to ask the Government
written and oral questions while the factions and deputy groups shall also
be entitled to submit interpellations to the Government. During one sitting
of the regular session week the Prime Minister and the Government members
shall answer the Deputies’ questions. The National Assembly shall not pass
any resolutions in conjunction with the questions raised by the Deputies.
Interpellations shall be submitted in writing at least ten days prior to
the debate. The procedure for interpellations, debate and adoption of a
resolution on such shall be defined by the Law on the Rules of Procedure
of the National Assembly.
Article 81. Upon the recommendation of the President of
Republic the National Assembly shall:
1) declare amnesty;
2) ratify, suspend or denounce the international treaties
of the Republic of Armenia. The National Assembly shall ratify those international
treaties:
a) which are of political or military nature or stipulate
changes of the state borders,
b) which relate to human rights, freedoms and obligations,
c) which stipulate financial commitments for the Republic
of Armenia,
d) application of which shall bring about legislative amendments
or adoption of a new law, or stipulate norms contravening the laws,
e) which prescribe ratification,
f) in other cases defined by law.
3) resolves on declaring war and proclaiming peace. In
the event when convening a sitting of the National Assembly is impossible,
the President of Republic shall solve the issue of declaring war.
The National Assembly can annul the progress of measures prescribed by Clauses
13 and 14 of Article 55 of the Constitution.
Article 82. The National Assembly shall, upon the recommendation
of the Government, approve the administrative territorial division of the
Republic.
Article 83. The National Assembly shall:
1) upon the recommendation of the Chairman of the National
Assembly appoint five members of the Constitutional Court;
2) within 30 days after the office of the Chairman of the
Constitutional Court is vacant and upon the recommendation of the Chairman
of the National Assembly, appoint the Chairman of the Constitutional Court
from among the members of the Constitutional Court,
3) may, on the basis of the conclusion of the Constitutional
Court and by a majority vote of the total number of Deputies terminate the
powers of any of its appointees in the Constitutional Court, or give its
consent to involve the member as an accused, detain him/her or authorize
to institute a court proceeding to subject him/her to administrative liability.
4) elect two legal scholars to the Council of Justice.
Article 83.1. The National Assembly shall elect the Human
Rights’ Defender for a period of 6 years by 3/5 of the total number of Deputies.
Any person held in high esteem by the public and corresponding to the requirements
envisaged for a Deputy of the National Assembly may be elected as a Human
Rights’ Defender.
The Human Rights’ Defender shall be irremovable.
The Human Rights’ Defender is an independent official who implements the
protection of the violated human rights and freedoms by state and local
self-government bodies and their officials.
The state and local self-government bodies and their officials shall cooperate
with the Human Rights’ Defender.
The Human Rights’ Defender shall be endowed with the immunity envisaged
for the Deputy.
Other guarantees of the activities of the Human Rights’ Defender shall be
established by the law.
Article 83.2.
To ensure the goals of freedom, independence and plurality of the broadcasting
media, an independent regulatory body shall be established by the law, half
of whose members shall be elected by the National Assembly for a six-year
term while the other half shall be appointed by the President of the Republic
for a six-year term. The National Assembly shall elect the members of this
body by a majority of its votes.
Article 83.3. The main objective of the Central Bank of
the Republic of Armenia shall be to ensure stability of prices in the Republic
of Armenia. The Central Bank shall develop, approve and implement monetary
policy programs.
The Central Bank shall issue the currency of the Republic of Armenia – the
Armenian Dram.
The Central Bank shall be independent whilst performing the tasks and functions
granted by the Constitution and the law.
The Chairman of the Central Bank shall be appointed by the National Assembly
upon the recommendation of the President of the Republic for a six-year
term. The same person may not be elected to the office of Chairman of the
Central Bank for more than two consecutive terms.
In cases prescribed by the law the National Assembly may by a majority of
its votes and upon the recommendation of the President of the Republic remove
the Chairman of the Central bank from office.
Article 83.4. The Control Chamber of the Republic of Armenia
shall be an independent body, which shall oversee the use of the budget
resources and the state and community property.
The action plan of the Control Chamber shall be approved by the National
Assembly.
The Control Chamber shall at least once a year submit a report on the oversight
outcomes to the National Assembly.
The law shall define the regulations on the procedure and powers of the
Control Chamber.
The Chairman of the Control Chamber shall be appointed by the National Assembly
upon the recommendation of the President of the Republic for a six- year
term. Any person complying with the requirements for the Deputy can be appointed
Chairman of the Control Chamber. The same person may not be elected for
the post of Chairman of the Control Chamber for more than two consecutive
terms.
Article 83.5. The issues below shall be set forth exclusively
by the laws of the Republic of Armenia:
1) terms and procedures for the exercise and protection
of the rights by natural persons and legal entities;
2) restrictions on the rights and freedoms of natural persons
and legal entities, their obligations, as well as forms, extent and procedure
for liability thereof, means of compulsion and the procedure for such, types,
amounts and procedures for the payment of taxes, duties and other binding
fees paid by natural persons and legal entities;
3) cases, terms and procedures for control and oversight
over the activities of legal entities and natural persons engaged in entrepreneurship
(including checks, examinations and inspections);
4) terms and procedure for establishing legal entities,
suspending or terminating the activities thereof;
5) list of information not deemed private or family secret
for natural persons or commercial secret for legal entities;
6) cases, procedure and terms for criminal, administrative,
economic (property) or disciplinary liability, the procedure for serving
criminal sentences, the procedure for compulsory execution of judicial and
administrative acts, the status and powers of attorneys;
7) procedure for holding referenda and elections of the President of the
Republic of Armenia, National Assembly of the Republic of Armenia and bodies
of local self-government;
8) procedure for the state budget revenues and expenditures;
9) procedure and terms for concluding and denouncing the
international treaties of the Republic of Armenia;
10) legal status of the political parties and other non-governmental
associations, as well as mass media entities;
11) administrative-territorial units of the Republic of
Armenia and their borders.
Article 84. The National Assembly may express no confidence
in the Government by a majority vote of the total number of the Deputies.
The draft resolution on expressing no confidence in the Government may be
submitted by the President of the Republic or by at least one third of the
total number of the Deputies. During martial law or state of emergency no
such draft resolution may be presented.
The draft resolution on no confidence to the Government shall be voted on
no sooner than forty eight hours and no later than seventy two hours following
its initial submission.
CHAPTER 5
The Government
^ Article 85. The Government shall develop
and implement the domestic policy of the Republic of Armenia. The Government
shall develop and implement the foreign policy of the Republic of Armenia
jointly with the President of the Republic. The authority of the Government
shall encompass all matters of public administration not bestowed on other
state or local self-government bodies by the law.
By virtue of the Constitution, the international treaties, the laws of the
Republic of Armenia, or the decrees of the President of the Republic and
to ensure the implementation thereof the Government shall adopt decisions,
which shall be subject to observance in the whole territory of the Republic.
The Government shall comprise the Prime Minister and the Ministers. Upon
the recommendation of the Prime Minister one of the Ministers may be appointed
Deputy Prime Minister by the President of the Republic and substitute the
Prime Minister in his/her absence.
The Government shall be deemed formed when the Prime Minister and all the
Ministers are appointed.
The Prime Minister and the Ministers shall be citizens of the Republic of
Armenia.
The Constitution and the laws shall define the powers of the Government.
The structure of the Government shall upon the recommendation of the Government
be defined by the law. The procedure for the organization of operations
of the Government and other public administration bodies under the Government
shall upon the submission of the Prime Minister be defined by the decree
of the President of the Republic.
Article 86. The Prime Minister shall convene and chair
the Government sittings.
The President of the Republic may convene and chair a sitting of the Government
on issues related to the foreign policy, defense and national security.
The Government decisions shall be signed by the Prime Minister.
The President of the Republic can suspend the effect of a Government decision
for a period of one month and make an official request to the Constitutional
Court for the verification of its compliance with the Constitution and laws.
Article 87. The Prime Minister shall supervise the Government
activities and coordinate the work of the Ministers.
The Prime Minister shall adopt decisions on the organization of the Government
activities.
Article 88. A member of the Government may not be engaged
in entrepreneurial activities, hold an office in state and local self-government
bodies or in commercial organizations not connected with his/her duties,
or be involved in another paid work, save for academic, pedagogical and
creative activities.
Article 88.1. Regional Governors shall be appointed to
and dismissed from office by the decision of the Government. These Government
decisions shall be validated by the President of the Republic.
The Regional Governors shall pursue the territorial policy of the Government,
coordinate the activities of the territorial services of the executive bodies,
save for cases prescribed by the law.
The peculiarities of the territorial administration in the city of Yerevan
shall be defined by the law.
CHAPTER 6
Judicial Power
^ Article 91. In the Republic of Armenia justice
shall be administered solely by the courts in accordance with the Constitution
and the laws.
The final acts of the court shall be adopted in the name of the Republic
of Armenia.
Article 92. The courts operating in the Republic of Armenia
are the first instance court of general jurisdiction, the courts of appeal,
the Court of Cassation, as well as specialized courts in cases prescribed
by the law.
The highest court instance in the Republic of Armenia, except for matters
of constitutional justice, is the Court of Cassation, which shall ensure
uniformity in the implementation of the law. The powers of the Court of
Cassation shall be defined by the Constitution and the law.
Establishing emergency tribunals shall be forbidden.
Article 93. The Constitutional Court shall administer the
constitutional justice in the Republic of Armenia.
Article 94. The independence of courts shall be guaranteed
by the Constitution and laws.
The powers, the procedures of formation and activities of the courts shall
be defined by the Constitution and laws.
The powers and the formation of the Constitutional Court shall be defined
by the Constitution while the procedure for the activities thereof shall
be defined by the Constitution and the Law on the Constitutional Court.
Article 94.1. The Constitution and the law shall define
the procedure for the formation and activities of the Council of Justice.
The Council of Justice shall consist of up to nine judges elected by secret
ballot for a period of five years by the General Assembly of Judges of the
Republic of Armenia in conformity with the procedure defined by the law,
two legal scholars appointed by the President of the Republic and two legal
scholars appointed by the National Assembly.
The sittings of the Justice Council shall be chaired by the Chairman of
the Court of Cassation without the right to vote.
Article 95. In conformity with the procedure stipulated
in the law the Council of Justice shall:
1) form and present to the approval of the President of
the Republic the list of candidates of judges and the lists of their professional
advancement, which shall be used as a basis for appointments;
2) give a conclusion on the submitted candidacies of judges;
3) nominate the candidates for the chairman of the court
of cassation, chairmen and members of its chambers and candidates for the
chairmanship of the appeal courts, first instance courts and specialized
courts;
4) shall express opinion on issues of pardon on the request
of the President of the Republic;
5) shall subject the judges to disciplinary responsibility,
shall submit recommendation to the President of the Republic on terminating
the powers of a judge, detaining him/her, on agreeing to involve him/her
as an accused or instituting a court proceeding to subject him/her to administrative
liability.
Article 96. The Judge and the members of the Constitutional
Court shall be irremovable. The Judge and the member of the Constitutional
Court shall hold their offices until the age of 65. They may be removed
from office only in the cases and in the manner prescribed by the Constitution
and the law.
Article 97. When administering justice, judges and members
of the Constitutional Court shall be independent and shall only be subject
to the Constitution and the law.
The guarantees for the exercise of their duties and the grounds and procedures
of the liability applicable to judges and members of the Constitutional
Court shall be prescribed by the law.
The Judge and the member of the Constitutional Court may not be detained,
involved as an accused or subjected to administrative liability through
the judicial process except with the consent of the Council of Justice or
the Constitutional Court respectively. The Judge and the member of the Constitutional
Court shall not be arrested save for cases when caught in the act or immediately
after that. In this case the President of the Republic and the Chairman
of the Cassation Court or Constitutional Court, respectively, shall be notified
immediately about the arrest.
Article 98. Judges and members of the Constitutional Court
may not be engaged in entrepreneurial activities nor may they hold an office
in state and local self-government bodies or in commercial organizations
not connected with their duties, as well as engage in any other paid occupation,
except for scientific, pedagogical and creative work.
Judges and members of the Constitutional Court may not be members of any
political party nor may they engage in any political activity.
Article 99. The Constitutional Court shall be composed
of nine members.
Article 100. The Constitutional Court shall, in conformity
with the procedure defined by law:
1) determine the compliance of the laws, resolutions of
the National Assembly, decrees and orders of the President of the Republic,
decisions of the Prime Minister and bodies of the local self-government
with the Constitution;
2) prior to the ratification of international treaties
determine the compliance of the commitments stipulated therein with the
Constitution;
3) resolve all disputes arising from the outcomes of referenda;
3.1) resolve all disputes arising from decisions adopted
with regard to the elections of the President of the Republic and Deputies;
4) declare insurmountable or eliminated obstacles for a
candidate for the President of the Republic;
5) provide a conclusion on the existence of grounds for
impeaching the President of Republic;
6) provide a conclusion on the incapacity by the President
to discharge his/her responsibilities;
7) provide a conclusion on terminating the power of a member
of the Constitutional Court, detaining him/her, agreeing to involve him/her
as an accused or instituting a court proceeding to subject him/her to administrative
liability;
8) provide a conclusion on the grounds to discharge the
head of community;
9) in cases prescribed by the law adopt a decision on suspending
or prohibiting the activities of a political party.
Article 101. In conformity with the procedure set forth
in the Constitution and the law on the Constitutional Court the application
to the Constitutional Court may be filed by:
1) the President of the Republic - in cases stipulated
in Clauses 1, 2, 3, 7 and 9 of Article 100 of the Constitution;
2) the National Assembly – in cases stipulated in Clauses
3, 5, 7 and 9 of Article 100 of the Constitution;
3) at least one-fifth of the total number of the deputies
- in cases stipulated in Clause 1 of Article 100 of the Constitution;
4) the Government - in cases stipulated in Clauses 1, 6,
8 and 9 of Article 100 of the Constitution;
5) bodies of the local self-governance on the issue of
compliance to the Constitution of the state bodies’ normative acts violating
their constitutional rights;
6) every person in a specific case when the final judicial
act has been adopted, when the possibilities of judicial protection have
been exhausted and when the constitutionality of a law provision applied
by the act in question is being challenged;
7) courts and the Prosecutor General on the issue of constitutionality
of provisions of normative acts related to specific cases within their proceedings;
8) the Human Rights’ Defender – on the issue of compliance
of normative acts listed in clause 1 of Article 100 of the Constitution
with the provisions of Chapter 2 of the Constitution;
9) candidates for the President of the Republic and Deputies
– on matters listed in Clauses 3.1 and 4 of Article 100 of the Constitution;
The Constitutional Court shall start proceedings only upon the receipt of
an application.
Article 102. The Constitutional Court shall adopt decisions
and conclusions in conformity with the procedure and terms stipulated in
the Constitution and the Law on the Constitutional Court.
The decisions and conclusions of the Constitutional Court shall be final
and shall come into force following the publication thereof.
The Constitutional Court may adopt a decision stipulating a later term for
invalidating a normative act contradicting the Constitution or a part thereof.
On matters stipulated in Clauses 1-4 and 9 of Article 100 of the Constitution
the Constitutional Court shall adopt decisions whilst on matters stipulated
in Clauses 5-8 it shall issue conclusions. The conclusions and the decision
on matters stipulated in Clause 9 shall be adopted by at least two-thirds
of the total number of the members whilst the remaining decisions shall
be adopted by a simple majority of votes.
If the conclusion of the Constitutional Court is negative, the issue shall
be removed from the scope of competence of the relevant body.
Article 103. The Office of the Prosecutor General in the
Republic of Armenia represents a unified, centralized system, headed by
the Prosecutor General. The Prosecutor General shall be appointed by the
National Assembly upon the recommendation of the President of the Republic
for a six-year term. The same person may not be appointed Prosecutor General
for more than two consecutive terms.
In cases prescribed by the law and upon the recommendation of the President
of the Republic the National Assembly may by a majority of its votes remove
the Prosecutor General from office.
In conformity with the procedure and cases defined by law the Office of
the Prosecutor General shall:
1) instigate criminal charges and prosecute;
2) oversee the lawfulness of preliminary inquiries and
investigations;
3) present the case for the prosecution in court;
4) bring actions in court to defend the interests of the
state;
5) appeal the judgments, verdicts and decisions of the
courts:
6) oversee the lawfulness of discharge of penalties and
other means of compulsion.
The Office of the Prosecutor General shall operate within the powers granted
by the Constitution and on the basis of the law.
CHAPTER 7
The Local Self-Government
^ Article 104. The local self-government shall
be exercised in the communities.
The local self-governance is the right and power of the community to resolve
on its own responsibility issues of local significance aimed at the welfare
of the inhabitants in accordance with the Constitution and the law.
Article 104.1. A community comprises the populace of one
or more residential areas.
A community shall be a legal entity, have the right to property and other
economic rights.
Article 105. The powers of the community pertaining to
managing and administering the community’s property, resolving issues of
community significance, and other powers aimed at fulfilling the requirements
of the community shall be exercised by the community in its own name and
under its responsibility. A certain part of community’s authorities may
by law be deemed obligatory.
In order to secure more effective exercise of the power of state bodies
the law may envisage the delegation thereof to the local self-government
bodies.
Article 105.1. The land in the administrative territory
of the community with the exception of the land necessary for state needs
and those belonging to natural persons and legal entities shall be deemed
property of the community.
Article 106. The community shall generate its budget independently.
The law shall define the sources of the community revenues.
The law shall define the sources of community finances that will secure
the discharge of their responsibilities.
Responsibilities delegated to the communities shall be funded from the state
budget.
The communities shall establish local taxes and duties within the scope
defined by law. The communities can set forth fees for their services.
Article 107. The community shall exercise its right of
self-government through the bodies of local self-government – the Council
of Aldermen and the Head of Community, who shall be elected for a four-year
term of office in conformity with the procedure defined by law.
The Council of Aldermen of the community shall in conformity with the procedure
defined by the law manage the community property, approve the community
budget upon the submission of the Head of Community, oversee the community
budget execution, envisage local taxes, duties and fees in conformity with
the procedure defined by the law and adopt legal acts subject to observance
in the territory of the community. The acts adopted by the community Council
of Aldermen shall not contradict the legislation; the law shall define the
procedure for their publication and coming into force.
The law shall define the powers of the Head of Community and the procedure
for the exercise thereof.
The community members may directly take part in the administration of the
community affairs by resolving the issues of local significance through
local referenda. The law shall define the procedure for conducting a local
referendum.
Article 108. Yerevan is a community. The peculiarities
of local self-government and formation of local self-government bodies in
the City of Yerevan shall be defined by the law. A law may provide for either
direct or indirect elections of the Mayor of Yerevan.
Article 108.1. To ensure the lawfulness of the activities
of the local self-government bodies, legal control shall be exercised in
conformity with the procedure defined by the law. The law shall define the
procedure for the state oversight over the discharge of the powers delegated
to the community.
Article 109. The Government may remove the Head of Community
in cases prescribed by the law on the basis of the conclusion of the Constitutional
Court.
Article 110. The communities may, based on the interests
of the public, be merged with each other or separated by the law. The appropriate
law shall be adopted by the National Assembly upon the recommendation of
the Government. Before submitting the legislative initiative the Government
shall appoint local referenda in those communities. The outcomes of the
local referenda shall be attached to the legislative initiative. The communities
may be merged or separated irrespective of the outcomes of the local referenda.
The law shall define the principles and procedure for consolidation or separation
of the communities as well as the terms for the election of local self-government
bodies of the newly formed communities.
CHAPTER 8
Adoption Of The Constitution, Amendments And Referendum
^ Article 111. The Constitution shall be adopted
or amended by referendum, which may be initiated by the President of the
Republic or the National Assembly.
The President of the Republic shall call a referendum upon the request or
agreement of the National Assembly. For such a decision of the National
Assembly is required the majority votes of the total number of the Deputies.
The President of the Republic may remand the Draft Constitution or the draft
of constitutional amendments, within twenty one days following their submission
back to the National Assembly, with his or her objections and suggestions,
requesting a reexamination.
The President of the Republic will submit to a referendum within the period
prescribed by the National Assembly a draft Constitution or draft constitutional
amendments, when they are reintroduced by at least two thirds of the total
number of Deputies of the National Assembly.
If the initiative belongs to the President of the Republic, the National
Assembly shall within a three-month period following the receipt of the
draft of the Constitution or amendments thereof put the motion on holding
a referendum on the draft to the vote. If the majority of the total number
of the deputies of the National Assembly vote for the draft, the latter
shall be deemed adopted and the President of the Republic shall submit the
draft to a referendum on the date set up by himself/herself.
Article 112. Laws may be submitted to a referendum upon
the request of the National Assembly or the Government in accordance with
Article 111 of the Constitution.
Laws passed by referendum may only be amended by referendum.
Article 113. The draft submitted to a referendum shall
be considered to have been passed if it receives more than fifty percent
of the votes, but not less than one fourth of the number of registered voters.
Article 114. Articles 1, 2 and 114 of the Constitution
may not be amended.
CHAPTER 9
Final and Transitional Provisions
^ Article 115. Amendments to the Constitution
of the Republic of Armenia shall come into force on the day following the
publication in the “Official Bulletin of the Republic of Armenia” except
for the provisions on the Chairman of the Control Chamber in the first sentence
of Clause 9, Article 55, the provision of the first sentence of Part 2,
Article 63, Part 1 Article 74.1, Article 83.4, the provision in the first
sentence of Part 6, Article 85, Article 86, Part 1, Article 88.1, Clause
6, Article 101, the term fixed in Article 107 Part 1.
Article 116. The provisions on the Chairman of the Control Chamber and the
Prosecutor General in the first sentence of Clause 9, Article 55, Part 1,
Article 74.1, the provision in Article 83.4, Article 86 and Part 1, Article
88.1, shall come into force on the day of opening of the first session of
the National Assembly of the subsequent convocation.
The provision of the first sentence of Part 2, Article 63 shall be applied
for the subsequent convocations of the National Assembly.
The provision of the Clause 6, Article 101 shall enter into force on July
1, 2006.
The term fixed in Part 1, Article 107 shall come into force for the local
self-government bodies elected after the adoption of the Amendments to the
Constitution.
Article 117. After the amendments to the Constitution come
into force:
1) The National Assembly shall within a two-year period
harmonize the current legislation with the amendments to the Constitution;
2) The National Assembly shall within a one-year period
define by law the national anthem of the Republic of Armenia. The national
anthem adopted prior to the amendments to the Constitution shall be valid
before that.
3) The social rights provided in the Constitution shall
be valid to extent specified by the appropriate laws.
4) Before the day of opening of the first session of the
National Assembly of the subsequent convocation the President of the Republic:
a) may after consultations with the Chairman of the National
Assembly and the Prime Minister dissolve the National Assembly and call
for a special election;
b) may remove the Prime Minister.
5) Before the day of opening of the first session of the
National Assembly of the subsequent convocation the meetings of the Government
shall be chaired by the President of the Republic, or upon his or her recommendation,
by the Prime Minister. Government decisions shall be signed by the Prime
Minister and approved by the President.
6) Before the definition of the legal regime of the state
of emergency by law in the event of an imminent danger to the constitutional
order the President of the Republic after consulting with the Chairman of
the National Assembly and the Prime Minister, shall declare state of emergency
and take measures appropriate in the given circumstances and address the
people on the situation.
7) The Chairman of the Central Bank shall remain in office
until the expiry of the term of office determined by the current law.
8) The Chairman of the Control Chamber shall be appointed
within three months after the first session of the subsequent convocation
of the National Assembly. Until that the Control Chamber shall continue
to exercise its powers defined prior to the amendments to the Constitution.
9) The Prosecutor General shall continue to remain in office
for no more than five months following the opening day of the first session
of the National Assembly of the subsequent convocation, until the appointment
of the Prosecutor General in conformity with the procedure prescribed in
Clause 9, Article 55 of the Constitution.
10) The incumbent judges and legal scholars of the Council
of Justice shall continue to remain in office until the expiry of their
term of office. The National assembly shall within three months elect two
legal scholars of the Council of Justice.
11) The incumbent members of the independent body provided
in Article 83.2 shall continue to remain in office until the expiry of their
term of office determined by the “Law on TV and Radio”. If their terms of
office expires or their powers are terminated the vacancies shall be filled
by the National Assembly and the President of the Republic successively.
12) The bodies of the local self-government in the City
of Yerevan shall be formed not later than within two years after the adoption
of the appropriate law. Before that the local self-government and territorial
administration in the city of Yerevan shall be exercised in conformity with
the procedure defined in the current legislation.
13) The incumbent members of the Constitutional Court shall
continue to remain in office until the age of 70 years.

