CHAPTER 1. THE FOUNDATIONS OF CONSTITUTIONAL ORDER
CHAPTER 2. FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS
CHAPTER 3. THE PRESIDENT OF THE REPUBLIC OF ARMENIA
CHAPTER 4. THE NATIONAL ASSEMBLY
CHAPTER 5. THE GOVERNMENT
CHAPTER 6. THE 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 the Armenian statehood and 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, to ensure the freedom, general well being and civic harmony of future generations,
Declaring their faithfulness to universal values,
Hereby adopts the Constitution of the Republic of Armenia.
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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.
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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.
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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 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.
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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.
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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.
Article 89
The Government shall:
1) submit its program to the National Assembly for approval in accordance
with Article 74 of the Constitution;
2) submit the draft state budget to the National Assembly for approval,
ensure the execution of the budget and submit financial reports on the budget
execution to the National Assembly;
3) manage the state property;
4) implement unified state policies in the areas of finances, economy,
taxation, loans and credits;
4.1) implement the state territorial development policy.
5) implement state policies in the areas of science, education, culture,
health, social security and environmental protection;
6) ensure the implementation of the defense, national security and foreign
policies of the Republic;
7) ensure maintenance of law and order, take measures to strengthen the legal
order and ensure rights and freedoms of the citizens;
8) perform other functions and powers provided by the Constitution and laws.
Article 90
The Government shall submit the draft of the state budget to the National
Assembly at least ninety days prior to the beginning of the fiscal year and may
request that this draft be voted on prior to the expiration of the budget
deadline with any amendments it may adopt. The Government may put forward a
motion of its confidence in conjunction with the adoption of the state budget.
If the National Assembly does not express no confidence in the Government in
conformity with the procedure set forth in Article 75 of the Constitution, then
the state budget as well as the amendments approved by the Government shall be
considered adopted.
If the National Assembly expresses no confidence in the Government in
conjunction to the draft of the state budget, the new Government shall submit
the draft state budget to the National Assembly within a period of ten days
after the approval of its program. This draft shall be debated and voted on by
the National Assembly within a period of thirty days in accordance with the
procedure defined by this Article.
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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.
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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.
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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.
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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.
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