Venice Commission
Council of Europe
4 Oct 2005
Constitutional reforms in Armenia – Round-table 30/09/05
Yerevan, premises of the National Assembly – On 30 September, from 16:00 to
19:00, the Venice Commission representatives and other European
constitutional experts have discussed with the representatives of the
Armenian authorities, the media and the civil society the main changes under
the new proposed constitution.
This text will be the subject of the referendum scheduled at the end of
November 2005.
DRAFT AMENDMENTS
to the constitution
OF THE REPUBLIC OF ARMENIA
(For Second Reading)
CONSTITUTION
OF THE REPUBLIC OF ARMENIA
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.
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 elections of the President of the Republic, the National Assembly and
local self-governing bodies, as well as referenda, are held based on the
right to universal, equal and direct suffrage by secret ballot.
Article 4
The human being, his/her dignity and the fundamental human rights and
freedoms are an inalienable and ultimate value.
In the exercise of power the people and the state shall be limited by those
rights, as a directly applicable right.
Article 5
State powers shall be exercised in accordance 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 and
law.
Article 6
The Constitution of the Republic has a supreme legal force and the norms
thereof shall apply directly.
Laws shall conform to the Constitution. Other legal acts shall conform to
the Constitution and the laws.
Laws shall come into force following the official publication in the
Official Monitor. Other normative legal acts shall come into force following
the official publication in a manner prescribed by law.
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 procedure for concluding international treaties shall be defined by law.
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 operating in
accordance with law shall be guaranteed in the Republic of Armenia.
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 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, protection of Armenian historical and cultural values
located in other countries, advancing Armenian education and culture.
Article 11.1
Regions and communities shall be the administrative-territorial units in the
Republic of Armenia.
The names and borders of the administrative-territorial units shall be
defined by law.
Article 11.2
The Republic of Armenia guarantees the local self-governance.
Article 11.3
The procedure for acquisition and termination of citizenship of the Republic
of Armenia shall be defined by law.
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.
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
The human dignity shall be respected and protected by the state as an
inviolable foundation of human rights and freedoms.
The Republic of Armenia shall ensure the protection of human and civil
rights and freedoms as stipulated in the Constitution in conformity with the
principles and norms of international law.
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 and social circumstances shall be
prohibited.
Article 15
Everyone has a right to life. No one shall be condemned to the death penalty
or executed.
Article 16
Everyone shall have the right of liberty and security. A person can be
deprived of or restricted in his/her liberty by the procedure defined by law
and only in following cases:
1) a person is sentenced for committing a crime;
2) for non execution of the legitimate judicial act;
3) when reasonable suspicion exists of committing 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 is committed;
4) to establish educational control over a minor or to present him/her to
the court;
5) to prevent the spread of an infectious diseases and other social dangers;
6) to prevent the unauthorized entry of a person into Republic of Armenia,
as well as to deport or extradite him/her to a foreign country.
Everyone who is arrested shall be immediately informed, in a language
comprehensible to him/her, of the reasons for his/her arrest and of the
charges against him/her. The family of the arrested or any other person
chosen by him/her shall be immediately notified of the arrest.
If the arrested person is not detained within 72 hours by the court decision
he/she must be released immediately.
Every person has the right to recover damages caused by illegal arrest,
detention or search on the grounds and by the procedure defined by law.
Every person shall have a right to appeal to a higher court against the
lawfulness and reasons of his/her arrest, detention and search.
No one shall be deprived of freedom for not honoring his/her contractual
obligations.
No one shall be subjected to search otherwise than in accordance with the
procedure prescribed by 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 protect his/her rights and freedoms by any
means not prohibited by law. If a person’s rights and freedoms have been
violated he/she shall have a right to effective remedies of legal protection
before state bodies.
Everyone is 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 agreements of the
Republic of Armenia be entitled to apply to the international institutions
protecting human rights and freedoms to protect his/her rights and freedoms.
Article 19
Everyone has 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 within
a reasonable time by an independent and impartial court “.
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
administration of justice so require.
Article 20
Everyone shall be entitled to legal assistance. The legal assistance shall
be provided to the defendant at the expense of the state resources in cases
prescribed by law.
Everyone shall have a right to the assistance of a legal defender chosen by
him/her starting from the moment of being arrested, charged or choosing a
security measure.
Every convicted person shall have the right to bring an appeal to a higher
court against the judgment. 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 law.
Article 21
Everyone charged with a criminal offence shall be presumed innocent until
proved guilty by the court judgement 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 and
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 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 at the time when it was committed.
The law eliminating or mitigating the penalty for the offence shall be
retroactive.
The law prescribing or increasing liability shall not be retroactive.
No one shall be sentenced twice for one and the same act.
Article 23
Everyone shall have the right to respect for his private and family life.
Without the person’s consent the collection, keeping, use and dissemination
of any information about the person other than stipulated by law is not
allowed. The use and dissemination of information relating to the person for
purposes contravening the aims of their collection or not provided by law is
prohibited.
Everyone has the right to become acquainted with the data concerning him or
her available in the state and local self-government bodies.
Everyone shall have the right of correction of non-verified information and
elimination of the illegally received information about him or 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 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 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 the territory of the Republic
Armenia.
Everyone shall have a right to leave the Republic of Armenia.
Every citizen and those legally residing in the country shall have the right
to return to the Republic of Armenia.
Article 26
Everyone has the right to freedom of thought, conscience and religion. This
right includes freedom to change his or her religion or belief and freedom,
either alone or in community with others and in public or private, to
manifest his or her religion or belief, in worship, teaching, practice and
observance.
The exercise of this right may be restricted only by law, if it is necessary
for the protection of health, morality or the 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 frontiers.
Freedom of mass media and other means of mass information shall be
guaranteed.
The State guarantees the existence and activities of an independent and
public radio and television service offering variety 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
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 set up 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.
No one shall be compelled to join any political party or association.
The activities of associations can be suspended or prohibited only by court
decision and in cases prescribed by law.
Article 29
Everyone shall have the right to freedom of peaceful and unarmed assembly.
Restrictions on exercising those rights by the employees in the armed
forces, police, national security, prosecutor’s office, bodies as well as
judges may be prescribed only by law.
Article 30
Eighteen-year old citizens of the Republic of Armenia have the right to take
part in the elections and referendums as well as the right to take part in
the state governance and local self-government through their representatives
chosen directly and 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.
The rights and obligations of persons having dual citizenship shall be
defined by law.
Article 30.1
The child, whose two parents are the citizens of the Republic of Armenia, is
citizen of the Republic of Armenia. Every child with one parent, who is a
citizen of the Republic of Armenia, shall have the right to citizenship of
the Republic of Armenia.
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 international agreements ratified by the
Republic of Armenia.
Article 30.2
All citizens shall have the right to equal access to public service in
conformity with the procedure prescribed by 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 may not be
exercised so as to cause damage to the environment or infringe on the rights
and lawful interests of other persons, society or the state.
No one shall be deprived of property except for cases prescribed by law in
conformity with the court decision.
Private property may be alienated for the needs of society and the state
only in cases of prevailing public interest, in a manner prescribed by law,
and with prior equivalent compensation.
The right to acquiring land ownership for foreign citizens and persons
without citizenship may be defined by law.
Intellectual property shall be protected by law.
Article 31.1
The state shall protect the interests of consumers, exercise quality control
over goods, services and works as prescribed by law.
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 law, as well as the right to working conditions in
full 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 for and limitations
thereon shall be prescribed by 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 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 are prohibited.
The restriction of the competition, forms of possible monopolies and their
permitted sizes may be prescribed by 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.
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 a reason connected with maternity is prohibited. Everyone has
the right to paid maternity leave and parental leave following the birth or
adoption of a child.
Article 36
The 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 can be deprived of or restricted in his/her parental rights save by
the decision of the court in conformity with the procedure prescribed by
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 law. The
extent and the forms of social security shall be prescribed by law.
Article 38
Everyone shall have the right to benefit from medical aid and service under
the conditions prescribed by law.
Everyone shall have the right to benefit from basic medical aid and services
free of charge. The list and the procedure of the services shall be
prescribed by law.
Article 39
Everyone shall have a right to education.
Basic general education shall be compulsory except the cases prescribed by
law. The law can 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 education
institutions.
The procedures for establishing and operations of educational institutions
shall be defined by 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 is prescribed by 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 has the right to preserve his or her national and ethnic identity.
The persons belonging to national minorities 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 law and not
violating others’ rights and freedoms. No one shall bear obligations not
stipulated by 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.
Any restrictions on human and civil rights and freedoms shall not exceed the
scope set by the international commitments of the Republic of Armenia.
Article 42.1
The fundamental human and civil rights and freedoms shall apply to legal
persons to the extent that those fundamental rights and freedoms permit.
Article43
The fundamental human and civil rights and freedoms set forth in Articles
23-25, 27, 28-30, Part 4 of Article 32 can be temporarily restricted only by
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.
Article 44
Special categories of human and civil rights, except for those stipulated in
Articles 15, 17-22 and 42 of the Constitution, can be temporarily restricted
as prescribed by law in case of martial law or state of emergency within the
scope of 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 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 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 and 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 support the employment for the population and the improvement of
working conditions;
3) to foster housing construction, to contribute to the improvement of
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 engagement of youth to 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 development of free of charge higher and vocational education;
9) to support 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 is obliged, within the scope of its possibilities to undertake
necessary measures for the fulfilment of the purposes prescribed in this
Article.
CHAPTER 3
THE PRESIDENT OF THE REPUBLIC OF ARMENIA
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.
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 voting shall be held on the
fourteenth day following the first round of voting, in which the two
candidates having received the highest number of votes shall participate.
The candidate who receives the highest number of valid 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
registration of the complaint, 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 within twenty days following the elections.
Article 52
In case that one of the presidential candidates faces insurmountable
obstacles for 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.
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 duties. In this case elections of the President of
Republic shall be held on the fortieth day following the expiration of the
term of the 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 I swear: to fulfill the requirements of the
Constitution in an unreserved manner; 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 sign and promulgate, within twenty one days of receipt, the laws
passed by the National Assembly;
Within this period he/she may return the law to the National Assembly with
objections and recommendations requesting for new deliberations. The
President shall sign and promulgate within five days the law re-adopted by
the National Assembly;
3) dissolves 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 appoint as Prime Minister the person who, upon the distribution of
seats in the National Assembly and consultations held with the parliamentary
factions, enjoys confidence of the majority of the Deputies. The President
of the Republic shall appoint the Prime Minister within ten days after
acceptance of the resignation of the Government. Within 20 days after the
appointment of the Prime Minister the Government shall be formed.
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 the office of the Prime Minister remaining vacant. After the
acceptance of the resignation of the Government by the President of the
Republic the members of the Government shall continue the realization of
their duties until the formation of the new Government;
5) shall make appointments to state office positions in cases prescribed by
law;
6) shall form and preside over the National Security Council, and 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 submit 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;
He may, on the basis of a conclusion of the Constitutional Court terminate
the powers of any of his appointees in the Constitutional Court or give his
consent to involve the member as an accused, detain, authorize to institute
a court proceeding to subject the member to administrative responsibility
11) upon the recommendation or conclusion of the Council of Justice
a) shall appoint the presidents and the judges of the Court of Cassation and
its chambers, the courts of Appeals, the courts of first instance and
specialized courts,
b) shall terminate their powers,
c) give agreement to involve them as an accused, detain or initiative
administrative proceedings through the judicial process;
11.1) shall appoint two legal scholars as members of the Council of Justice
in the manner provided by the Article 94.1 of the Constitution.
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 and 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 may 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 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 the performance of his/her status during and after the
term of his/her office.
The President of the Republic may be prosecuted for the actions not
connected with his or her status after the expiration of term of office,
except for the cases provided in the Article 57.
Article 57
The President may be removed from office for state treason or other high
crimes.
In order to request a determination on questions pertaining to the removal
of the President of the Republic from office, the National Assembly must
appeal to the Constitutional Court by a resolution adopted by the majority
of the deputies.
A decision to remove the President of the Republic from office must be
reached by the National Assembly by a minimum two-thirds majority vote of
the total number of deputies, based on the determination 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 post 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 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 law form his/her staff. The remuneration, servicing and security of the
President of the Republic shall be prescribed by 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, 66, 67, 73, 74, 74.1, 75, 77, 80, 81, 83, 83.1, 83.2, 83.3, 83.4,
83.5, 84, 94.1, Clause 2 of Article 101, 110, 111 and 112 as well as on
matters related to the organization of its activities the National Assembly
shall adopt decisions, 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 activity of the National Assembly, as well as the
formation and activity 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 5 years. Its term of office
shall begin at the moment when newly-elected National Assembly assembles 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 an election maynot 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 that case
after the state of emergency or martial law is abolished the election of the
National Assembly shall be held during not soon, than fifty and not late
than sixty days.
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 who has the right
to vote, may be elected as a Deputy.
Article 65
The members of Parliament 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 not hold another public office, be a member of a body of the
local self-government, as well as be involved in another paid work save for
academic, pedagogical and creative activities.
A Deputy shall discharge his/her responsibilities on permanent basis.
The status and guarantees of the activity a Deputy shall be defined by the
Constitution and the law.
Article 66
A Deputy shall not be bound by any imperative mandate and shall be guided by
his or her conscience and convictions.
A Deputy, during and after the term of his or her parliamentary authorities,
may not be prosecuted and held liable for actions arising from his or her
status, including for his or her opinions expressed in the National
Assembly, provided these are not insulting or defamatory.
A Deputy may not be involved as an accused or subjected to a suit for
administrative liability through the judicial process 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, the dissolution of the National Assembly,
the 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 post.
A Deputy’s term of office shall be terminated in a manner prescribed by the
rules of procedure of the National Assembly.
Article 68
Regular elections to the National Assembly shall be held not sooner than
fifty and not later than forty days prior to the expiration of the term of
the current Assembly.
During the extraordinary elections of the National Assembly the vote shall
be held within not sooner than thirty and not later than forty days after
the dissolution of the National Assembly.
Procedures for elections to the National Assembly shall be prescribed by
law.
The date of elections shall be fixed by 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 a 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 in the dates
and in a manner prescribed by law.
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 of the Government. The extraordinary session or sitting shall be
held by the agenda and timetable specified by the initiator.
Article 71
The laws and decisions of the National Assembly, save for cases set forth in
the Constitution, shall be adopted by the majority of votes of the deputies
who have 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 for its approval. 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. Approval
of the program of the Government requires a majority vote of the total
number of Deputies.
Article 74.1
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 the
Republic shall dissolve the National Assembly.
The President of Republic may also dissolve the National Assembly upon the
proposal 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 decide 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 decision on issues under debate.
Article 75
The right of 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 can put forward a motion on confidence in the Government
related to the adoption of a draft law proposed by the Government. If within
twenty four hours of the Government’s raising of the question of the vote of
confidence not less than one third of the total number of Deputies does not
present a proposal for a vote of no confidence or if in case of such a
proposal the National assembly does not pass a vote of no confidence to the
Government by majority of the total number of Deputies during a period set
forth in Article 84 Part 3, the Government’s draft law shall be considered
to have been adopted.
The Government may not raise the issue of its vote of 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 law.
Article 77
The National Assembly shall supervise 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 realization 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 Deputies.
The Chairman of the National Assembly shall chair the sittings, manage its
material resources, and shall 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 decisions 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 decision
on such shall be defined by the Rules of Procedure of the National Assembly.
Article 81
Upon the recommendation of the President of Republic the National Assembly:
1) may declare amnesty;
2) ratify, suspend or denounce the international agreements of the Republic
of Armenia. The National Assembly shall ratify those international
agreements:
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 other norms than those stipulated in the laws,
e) which prescribe ratification,
f) other cases defined by law.
3) decides 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) After the post of the Chairman of the Constitutional Court is vacant,
during 30 days upon the recommendation of the Chairman of the National
Assembly appoint the Chairman of the Constitutional Court,
3) by a majority vote of the total number of Deputies and on the basis of a
conclusion of the Constitutional Court terminate the powers of any of its
appointees in the Constitutional Court, or give its consent to involve the
member as an accused, detain, authorize to institute a court proceeding to
subject the member to administrative responsibility.
4) elects two legal scholars to the Council of Justice.
Article 83.1
The National Assembly shall elect the Ombudsman for a period of 6 years by
3/5 of total number of Deputies.
As an Ombudsman may be elected a person being a highly respected figure in
the public and who will correspond to the requirements envisaged for a
Deputy of the National Assembly.
The Ombudsman shall be irremovable.
The Ombudsman is an independent official who implements the protection of
the violated human rights and fundamental freedoms by state bodies, local
self-government bodies and their officials.
State and local self-government bodies and their officials cooperate with
Ombudsman.
The Ombudsman shall be endued with the immunity envisaged for the Deputy.
Other guarantees of the activity of the Ombudsman shall be established by
law.
Article 83.2.
To ensure the goals of freedom, independence and plurality of the
broadcasting media, an independent body established by the law, whose
members shall be appointed in accordance with the procedure defined by law:
one half (1/2) by the National Assembly and one half (1/2) by the President,
for six years[1].
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 proposal of the President of the Republic for six years. The same
person may not be elected for the post of Chairman of the Central Bank for
more than two consecutive terms.
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 work 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 the powers of the
Control Chamber.
The Chairman of the Control Chamber shall be appointed by the National
Assembly upon the proposal of the President of the Republic for six years. A
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 liberties of natural persons and legal
entities, the obligations, as well as forms, extent and procedure for
accountability thereof, means of compulsion and the procedure for such,
types, amounts and procedures for the payment of taxes, duties and other
binding fees payable by natural persons and legal entities;
3) cases, terms and procedures for control and oversight over the activities
of natural persons and legal entities (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 prosecutors and 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
agreements of the Republic of Armenia;
10) legal status of the political parties and other non-governmental
associations, as well as mass media entities;
Article 84
The National Assembly may adopt a vote of no confidence in the Government by
a majority vote of the total number of Deputies.
A motion of no confidence to the Government may be presented by the
President of the Republic or by at least one third of total number of
Deputies. In situations of martial law or state of emergency such motion may
not be presented.
The motion of no confidence to the Government shall be voted on not sooner
than forty eight hours and not later than seventy two hours from its initial
submittal.
CHAPTER 5
THE GOVERNMENT
Article 85
The Government shall determine and implement the domestic policy of the
Republic of Armenia. The Government shall determine 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 virtue of the Constitution, the international agreements, the laws of the
Republic of Armenia, or the President of the Republic and to ensure the
implementation thereof the Government shall adopt decisions, which are
subject to observance in the whole territory of the Republic.
The Government shall be formed of the Prime Minister and the Ministers. One
of the Ministers may be appointed upon the recommendation of the Prime
Minister by the President of the Republic Deputy Prime Minister 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 as well as the procedure for the
organization of operation of other bodies of state administration 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 when considering issues in connection of foreign policy, defence
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 the laws.
Article 87 The Prime Minister shall oversee the Government’s activities and
shall coordinate the work of the Ministers.
The Prime Minister shall adopt decisions on the organization of 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 upon the Prime Minister’s nomination be appointed
to and dismissed from office by the President of the Republic of Armenia.
The Regional Governors shall pursue the territorial policy of the
Government, directly supervise the activities of the territorial services of
the executive bodies, save for cases prescribed by law.
The peculiarities of the territorial policy in the city of Yerevan shall be
determined by 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,
guarantee the execution of the budget and submit financial reports on the
budget to the National Assembly;
3) manage the state property;
4) implement the unified state policies in the areas of finances, economy,
taxation and 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) shall ensure maintenance of law and order, take measures to strengthen
the legal order, ensure rights and freedoms of the citizens;
8) perform other functions and powers provided in Constitution and law.
Article 90
The Government shall submit the proposed state budget to the National
Assembly at least ninety days prior to the beginning of the fiscal year and
may request that this proposal, with any amendments it may adopt, be voted
on prior to the expiration of the budget deadline. The Government may raise
the question of a vote of confidence in conjunction with the adoption of the
state budget. If a vote of no confidence is not adopted by the National
Assembly, as provided under Article 75 of the Constitution, then the state
budget and related amendments approved by the Government shall be considered
adopted.
In case of a vote of no confidence related to the proposed state budget, the
new Government shall submit the draft state budget to the National Assembly
within a period of ten days after 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 determined by this Article.
CHAPTER 6
THE 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.
Court decisions, judgments and verdicts shall be adopted in the name of the
Republic of Armenia.
Article 92
In the Republic of Armenia operate the court of general jurisdiction of the
first instance, the courts of appeals and the Court of Cassation and, and in
cases prescribed by law specialized courts as well.
The Court of Cassation is the highest court instance in the Republic of
Armenia which shall assure uniformity in the implementation of the law. The
competences of the Court of Cassation shall be defined by the Constitution
and law.
Establishing emergency tribunals shall be forbidden.
Article 93
The Constitutional Court administers the constitutional justice in the
Republic of Armenia.
Article 94
The independence of courts shall be guaranteed by the Constitution and laws.
The competences and the procedures of formation and activities of the courts
shall be defined by the Constitution and laws.
The Constitution shall define the competence and the formation of the
Constitutional Court 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 the 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, 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 are headed 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) shall 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 basis for appointments;
2) shall give conclusion on the submitted candidacies of judges;
3) shall nominate the candidates for the chairman of the court of cassation,
chairmen and members of its chambers and candidates for the chairmanship of
the appellate courts, first instance courts and other 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 power of
a judge, detaining the judge, on agreeing to involve the judge as an accused
or to institute a court proceeding to subject the judge to administrative
responsibility.
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 a 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 legal responsibility applicable to judges and members of
the Constitutional Court shall be prescribed by 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
Constitutional Court. 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 accordingly the
Chairman of the Cassation Court or Constitutional Court shall be notified
immediately about the arrest.
Article 98
Judges and members of the Constitutional Court 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, as well as engage in any other paid occupation, except for
scientific, educational and creative work.
Judges and members of the Constitutional Court may not be members of any
political party nor 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, decisions of the National Assembly,
decrees and orders of the President of the Republic, decisions of the Prime
Minister and representative bodies of the local self-government with the
Constitution;
2) prior to the ratification of international agreements determine the
compliance of the commitments stipulated therein with the Constitution;
3) resolve all disputes arising from the outcomes of a referendum;
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, on detaining the member, on agreeing to involve the
member as an accused or to institute a court proceeding to subject the
member to administrative responsibility;
8) provide a conclusion on the basis to discharge the head of community;
9) in cases prescribed by 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 protection in courts 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 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 decision 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 for six years. The same person may not
be appointed Prosecutor General for more than two consecutive times.
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 the lawfulness of discharge of penalties and other means of
compulsion.
The Office of the Prosecutor General shall operate within the powers granted
to it 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 of the community to resolve on its
own responsibility local problems aimed at the welfare of the inhabitants in
accordance to 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
Authorities of the community pertaining to managing and administering the
community’s property, resolving issues of community significance, and other
authorities 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 community 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 in
conformity with the procedure defined by law.
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 4-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 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 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 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 can directly take part in the administration of the
community affairs by resolving local problems through local referenda. The
law shall define the procedure and terms 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 law. A law may provide for an indirect election of the Mayor of
Yerevan.
Article 108.1
To ensure the lawfulness of the activities of the community, legal control
shall be exercised in conformity with the procedure defined by 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 community head in cases prescribed by 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 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 call for the
local referenda held 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 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 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 hold 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 from the moment of the publication in the “Official Bulletin of the
Republic of Armenia” except the provision on the Chairman of the Control
Chamber in the first sentence of Article 55 Point 9, the provision of the
first sentence of Article 63 Part 2, Article 74.1 Part 1, Article 83.4,
Article 86, Article 88.1 Part 1, Article 101 Point 6, the term fixed in
Article 107 Part 1.
Article 116
The provision on the Chairman of the Control Chamber in the first sentence
of Article 55 Point 9, Article 74.1 Part 1, the provision contained in
Article 83.4, Article 86 and Article 88.1 Part 1, shall come into force on
the day of opening of the first session of the National Assembly of the next
legislative period.
The provision of the first sentence of Article 63 Part 2 shall be applied
for the next legislative periods.
The provision of the Point 6 of Article 101 shall enter into force on July
1, 2006.
The term fixed in Article 107 Part 1 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 make appropriate the acting laws to the
amendments of the Constitution during one year;
2) The National Assembly shall within one year define by law the anthem of
the Republic of Armenia. Until that the anthem prior to the amendments to
the Constitution shall be valid.
3) Until the adoption of the new law the foreign citizens and persons
without citizenship enjoy the right to land ownership according to current
law.
4) The social rights provided in the Constitution shall be valid to extent
specified by the appropriate laws.
5) Until the day of opening of the first session of the next legislative
period of the National Assembly the President of the Republic
a) may after consultations with the President of the National Assembly and
the Prime Minister dissolve the National Assembly and call for special
election;
b) may remove the Prime Minister.
6) Until the day of opening of the first session of the next legislative
period of the National Assembly 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.
7) Until 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.
8) The Chairman of the Central Bank shall remain in office until the expiry
of the term of office determined by current law.
9) The Chairman of the Control Chamber shall be appointed within three
months after the first session of the next legislative period of the
National Assembly. Until that the Control Chamber shall continue to exercise
its powers determined prior to the amendments to the Constitution.
10) The Prosecutor General shall continue to remain in office no more than
for six months – until the appointment of the Prosecutor General in the
manner prescribed in Article 55 Point 9 of the Constitution.
11) The acting 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.
12) The 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”.
13) 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 current order for the local self-government and
territorial administration of the city of Yerevan shall remain in force.
14) The acting members of the Constitutional Court shall continue to remain
in office until reaching the age of 70 years.
[1] This modification has been suggested by the Venice Commission and
accepted by the Armenian auhtorities.