CONSTITUTION OF THE REPUBLIC OF ARMENIA

                        (Adopted 1995)

 

 

Preamble

 

The Armenian People:

- Recognizing as a basis the fundamental principles of Armenian statehood, and the national aspirations engraved in the Declaration of Independence of Armenia,

- Having fulfilled the sacred message of its freedom-loving ancestors for the restoration of the sovereign state,

- Committed to the strengthening and prosperity of the fatherland;

     - In order to ensure the freedom, general well-being and civic harmony of future generations,

     - Declaring their faithfulness to universal values,

Hereby adopts the Constitution of the Republic of Armenia

 

                          CHAPTER ONE

            THE FOUNDATIONS OF CONSTITUTIONAL ORDER

 

Article 1.  The Republic of Armenia is a sovereign, democratic state, based on social justice and the rule of law.

 

Art. 2.  The rule in the Republic of Armenia belongs to the people.

The people execute their authority through free elections, referendums, and the local self-government institutions and officials defined by the Constitution.

Usurpation of State power by any organization or individual is an offense against the Law.

 

Art. 3.  Referendums of the Republic of Armenia, elections of the President of the Republic, the National Council and local self-government bodies are carried out on the basis of universal, equal, direct suffrage held by ballot.

 

Art. 4.  Through the Constitution and Legislation the State ensures protection of human rights and freedoms, in accordance with the principles and norms of International Law.

 

Art. 5.  The State power is executed pursuant to the Constitution and the Law, on the basis of the principle of separation of legislative, executive, and juridical authorities.  The State organizations and officials are legitimate to carry out only those actions for which they are empowered by the Legislation.

 

Art. 6.  Priority of law is guaranteed in the Republic of Armenia.  The Constitution of the Republic has the supreme legal power, and its norms apply directly.


Laws as well as juridical acts in contravention of the Constitution do not have legal power.  Laws enter into force only after being promulgated.  The juridical acts related to human rights, freedom and duties, which are not promulgated do not have legal power.

International treaties signed on behalf of the Republic of Armenia are applied only after being ratified.  The ratified international treaties are part of the Republic's legal system.  In case of conflict with the Legislation, the norms of international treaties prevail.  International treaties in contravention of the Constitution can be ratified after making corresponding amendments to the Constitution.

 

Art. 7.  A multiparty political system is acknowledged in the Republic of Armenia.  Establishment of political parties is a free process.  Political parties promote people to develop and express their political will.  Activities of political parties shall not contravene the Constitution and the Law, and their structure and organization shall conform to the principles of democracy.  Political parties shall make public all their financial activities.

 

Art. 8.  The right to property is acknowledged and protected in the Republic of Armenia.

The owner of property can use and dispose the property at his/her discretion.  Exercise of property rights shall not cause damage to the environment, violate interests and rights of other persons, society, or the State.

The State guarantees equal protection and unrestricted development for all forms of property, freedom of business activities, and free economic competition.

 

Art. 9.  The Republic of Armenia conducts its foreign policy based on the norms of International Law, tending to establish neighborly and mutually beneficial relations with all the countries.

 

Art. 10.  The State ensures protection and restoration of the environment, and reasonable exploitation of natural resources.

 

Art. 11.  Historical and cultural monuments, other cultural values are under protection and care of the State.  Within the framework of principles and norms of International Law, the Republic of Armenia assists with protection of Armenian cultural and historical values in other countries, promotes the development of Armenian culture and education.

 

Art. 12.  The official language in the Republic of Armenia is Armenian.

 

Art. 13.  The flag of the Republic of Armenia has three horizontal stripes of red, blue, and orange of equal width.

The State Emblem of the Republic of Armenia presents a shield with mountain Ararat in the center, Noah's ark and the coat of arms of four kingdoms of historic Armenia.  The shield is held by a lion and an eagle.  On the bottom of the shield are pictured a sward, a green branch, a sheaf, a chain, and a ribbon.

The anthem of the Republic of Armenia is "Our Motherland".

The capital of the Republic of Armenia is Yerevan.

 

                          CHAPTER TWO

        FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS

 

Art. 14.  The order of being admitted to citizenship and losing it is prescribed by law.  In the Republic of Armenia people of Armenian origin are admitted to citizenship in a simplified order.

A citizen of the Republic of Armenia can't be simultaneously a citizen of another country.

 

Art. 15.  The citizens of the Republic of Armenia regardless of their nationality, race, sex, language, creed, political or other convictions, social origin, property and other status have all the rights, liberties and duties prescribed by the Constitution and laws.

 

Art. 16.  All the people are equal under the Law, and are equally protected by the Law without any discrimination.

 

Art. 17.  Everyone has the right to life.

Until its abolition, the Capital Punishment, as an exclusive penalty, may be provided for by law to be applied in the case of the most heinous crimes.

 

Art. 18.  Everyone has the right to freedom and personal immunity.  No one shall be subject to search, arrest otherwise than in the order prescribed by law.  Only by decision of the Court, and pursuant to the prescribed order can a person be arrested.

 

Art. 19.  No one shall be subject to torture or cruel treatment and punishment that degrades human dignity.  No one shall be subjected without his/her own consent to medical or scientific experimentation.

 

Art. 20.  Everyone has the right to defend his/her private life and the life of his/her family from unlawful interference, to protect his/her dignity and reputation from calumny.  It is prohibited to illegally collect, keep, use and spread any information about a person's or his/her family's private life.  Everyone has the right to keep in secrecy his/her correspondence, telephone conversations, mail, telegraph and other messages.  This right can be restricted only by the decision of the Court.

 

Art. 21.  Everyone has the right to sanctity of his/her residence.  It is prohibited to invade a person's home against his/her will, save for the cases prescribed by the Law.  A search can be conducted in the apartment only following relevant decision of the Court, in the order prescribed by the Law.

Art. 22.  Every citizen has the right to freedom of movement and residence within the borders of the Republic.  Everyone has the right to leave the Republic.  Every citizen has the right to return to the Republic.

 

Art. 23.  Everyone has the right to freedom of thought, conscience, and religion.  Freedom to manifest one's religion and beliefs can be restricted only by the Law, on the basis of the provisions of Article 45 of the Constitution.

 

Art. 24.  Everyone has the right to assert his/her opinion.  No one shall coerce a person to abandon or change his/her opinion.

Everyone has the right to freedom of speech; this right includes freedom to seek, receive, and impart information and ideas through any source of communication and media, regardless of State frontiers.

 

Art. 25.  Everyone has the right to establish associations together with other persons; including the right to establishing or joining trade unions.  Every citizen has the right to join a party or establish one together with other persons.  These rights can be restricted only by law, proceeding from the provisions of Article 45 of the Constitution, and for those in national military service or engaged in enforcement agencies.

No one shall be compelled to belong to any association or party.

 

Art. 26.  Citizens have the right to assemble peaceful meetings, organize peaceful manifestations.

 

Art. 27.  The citizens of the Republic of Armenia who are eighteen years of age or older are entitled to participate in state government through their representatives elected directly or by expression of free will.  The citizens found incapable by the judgment of the Court, and those on whom the sentence passed has entered into force, are not entitled to be elected and take part in voting.

 

Art. 28.  Everyone has the right to own and inherit property.  Foreign citizens and people without citizenship, except as provided by the Law, do not have the right to property of land.  Only the Court, in cases prescribed by the Law, can deprive (them) of property.  Alienation of property for national purposes can be done only in exceptional cases, pursuant to the Law, and after payment of adequate compensation for losses.

 

Art. 29.  Everyone has the right to free choice of employment.  Everyone has the right to receive honestly earned salary which shall be not less than the minimum salary established by the state, to working conditions which shall meet the sanitary and safety requirements.

Citizens have the right to go on strike for portection of their economic, social, and labor interests.  The order of exercising this right and relevant restrictions are prescribed by the Law.

 

Art. 30.  Everyone has the right to rest and leisure.  The maximum duration of the working day, rest-days and the minimum duration of annual paid vacations are prescribed by the Law.

 

Art. 31.  Everyone has the right to a standard of living adequate for the well-being of himself and his family, including housing and the continuous improvement of living conditions.  The State takes appropriate steps to ensure implementation of this right.

 

Art. 32.  Family is the natural and fundamental group unit of society.  The family, motherhood and childhood are entitled to special care and protection by the State and society.

Men and women are entitled to equal rights as to marriage, during marriage, and at its dissolution.

 

Art. 33.  Every citizen has the right to social insurance in the event of old age, disability, sickness, widowhood, unemployment, and other cases prescribed by law.

 

Art. 34.  Everyone has the right to maintain his/her health.  The order of rendering medical services and medical care is prescribed by law.  The State implements health care programs for the population, promotes the development of sports and physical training.

 

Art. 35.  Every citizen has the right to education.  Education shall be free in the elementary and secondary state educational institutions.  Every citizen has the right to get higher education in state educational institutions on the basis of competitive principles.

The procedure of establishment and functioning of private educational institutions is prescribed by the Law.

 

Art. 36.  Everyone has the freedom to produce works of art, literature, science, the right to participate in cultural life of the community, and to make use of the achievements of scientific progress.

Intellectual property is protected by law.

 

Art. 37.  Citizens belonging to national minorities have the right to preserve their traditions and to develop their language and culture.

 

Art. 38.  Everyone has the right to defend his rights and freedoms by all the means not prohibited by law.  Everyone has the right to apply to the Court for protection of his/her freedoms and rights registered in the Constitution and the Law.

 

Art. 39.  Every citizen shall have the right to restore his/her broken rights, as well as to fair and public hearing of his/her case by an independent and impartial tribunal established on the basis of equality.

Publicity shall be limited only when the case is related to public morals, national security, private life of the parties, or interests of justice.

 

Art. 40.  Everyone has the right to receive judicial assistance.  In the cases prescribed by law juridical services are rendered gratis.  Everyone has the right to have an advocate from the very moment of being detained, imprisoned, or accused.  Every convict has the right to demand review of the verdict by a higher Court.  Every convict has the right to be acquitted or to appeal for mitigation of the punishment.  Compensation of the damage caused to the victim is performed according to the order prescribed by law.

 

Art. 41.  Everyone charged with a penal offense has the right to be presumed innocent until proved guilty, according to the Law, pursuant to an enacted verdict.

The accused is not bound to prove his/her innocence.  Unproved suspicions are construed in favor of the accused.

 

Art. 42.  No one shall be compelled to testify against him/herself, his/her spouse, friends, and relatives.  There may be other cases prescribed by law, where persons may be released from their dutty to give evidence.  The use of any unlawfully procured evidence is prohibited.  It is also prohibited to impose a heavier penalty than the one that was applicable at the time when the offense was committed.  No one shall be held guilty of an offense on account of any act or omission which did not constitute a criminal offense, under national or international law, at the time when it was committed.  Laws imposing punishment or increasing severity of the punishment do not have reverse power.

 

Art. 43.  The rights and freedoms of people are not merely limited to those established by the Constitution, and may include other renowned rights and freedoms.

 

Art. 44.  The rights and freedoms of persons and citizens established in Articles 23-27 of the Constitution may be subject to certain restrictions provided by law, if it is necessary for the protection of national security, public order, public health, morals, reputation, and rights of other persons.

 

Art. 45.  Particular rights of persons and citizens, save for those enumerated in articles 17, 19, 20, 39, 41-43 of the Constitution, may be temporarily restricted in the event of martial law or in the cases stipulated in paragraph 14 of Article 55.

 

Art. 46.  Everyone shall pay taxes, fees, and other compulsory payments in the amount and order prescribed by law.

 

Art. 47.  Everyone shall participate in the defense of the Republic of Armenia in the order determined by law.

Art. 48.  Everyone shall observe the Constitution and the Law, respect rights, freedoms, and dignity of others.

It is prohibited to use the rights and freedoms for the purpose of violent overflow of the Constitutional Order, advocacy of national, racial and religious hatred, propaganda of violence and war.

 

                         CHAPTER THREE

                 THE PRESIDENT OF THE REPUBLIC

 

Art. 49.  The President of the Republic of Armenia ensures observance of the Constitution, effective operation of the legislative, executive, and juridical authorities.  The President of the Republic is the guarantor of independence, territorial integrity, and safety of the Republic.

 

Art. 50.  The President of the Republic is elected by citizens of the Republic of Armenia for a period of five years.  Everyone who has the right to participate in the elections, has attained the age of thirty-five years, has been a citizen of the Republic of Armenia for the past ten years, and has been living in the Republic during these years is eligible for election to the office of the President.

The same person shall not be elected President of the Republic for more than two successive terms.

 

Art. 51.  Elections of the President of the Republic are conducted according to the order prescribed by the Constitution and the Law, fifty days before the powers of the acting President of the Republic expire.

The candidate is considered elected to the post of President of the Republic if he/she garners more than half of the votes.  If more than two candidates run for the post, but no one among them gathers enough votes, then, on the fourteenth day after the voting, the second phase of the elections is conducted, in which the two top candidates participate.  If only one candidate runs for president, he/she is considered elected, if he/she gathers more than half of the votes.

In case of failure to elect a president, on the fortieth day after the voting new elections are conducted.

The President of the Republic enters upon his duties on the day the powers of the previous President of the Republic elected through special elections enters upon his duties within 10 days after being elected.

 

Art. 52.  In case insuperable obstacles occur with one of the candidates to the post of President of the Republic, elections of the President of the Republic shall be postponed for two weeks.  In case of failure to remove the obstacles, recognized as insuperable ones, by the end of this period, or in case of the death of one of the candidates before the voting day, new elections are conducted in which other candidates can participate as well.  New elections are conducted fifty days hence the obstacles are recognized to be insuperable.

Art. 53.  In case of disability of the President of the Republic to carry out his/her duties, his/her resignation or death, or in case of removal of the President from his/her post, pursuant to the order prescribed in Article 57 of the Constitution, new elections shall take place on the fortieth day since the Presidency is vacated.

 

Art. 54.  The President of the Republic enters into office by taking the Oath of Office at a special meeting of the National Council.

 

Art. 55.  The President of the Republic:

1) delivers messages to the people and the National

   Council;

2) within a period of twenty-one days on the receipt of

   a law adopted by the National Council signs and

   promulgates it.  Within that period the president

   may not sign the law and together with his/her

   objections and suggestion return it to the National

   Council for reconsideration and voting.  Within

   five days after adoption of the law by the National

   Council for the second time, signs and promulgates

   it;

3) can dismiss the National Council and declare special

   elections to it, after consulting with the Prime

   Minister and the Chairman of the National Council.

   The special elections are conducted no sooner than

   thirty, and no later than forty days after dismissal

   of the National Council.

      The President cannot dismiss the National Council

   during the last six months of his/her administration.

4) appoints and removes the Prime Minister of the

   Republic.  Appoints and removes the members of the

   Government nominated by the Prime Minister.  In case

   the National Council expresses distrust towards the

   Government, the President within twenty days shall

   receive resignation of the Government, appoint the

   Prime Minister, and organize the Government.

5) in the cases envisaged by law, appoints civil service

   officials;

6) can establish deliberation bodies;

7) represents the Republic of Armenia in international

   relations, coordinates the foreign policy, concludes

   international treaties, signs the international

   treaties ratified by the National Council, ratifies

   agreements between the governments;

8) appoints and recalls the diplomatic representatives

   of the Republic of Armenia in foreign countries and

   international organizations, receives the credentials

   and letters of recall of diplomatic representatives

   of foreign countries;

9) appoints the General Procurator nominated by the

   Prime Minister;

    10) appoints the members and the Chairman of the

   Constitutional Court.

      On the basis of the conclusion of the Constitutional

        Court suspends the powers of any judge of the

   Constitutional Court, appointed by the President of the

   Republic, or contents to subjecting him/her to

   administrative or criminal liability through Court

   procedure;

    11) according to the order established in Article 95 of

   the Constitution, appoints judges and Chairmen of the

   Court of Appeals and its chambers, Review Courts,

   Tribunal Courts of First Instance, and other Courts.

   The President appoints deputies to the Procurator

   General and Senior Procurators in charge of various

   departments and divisions of the Procurator's office.

   The President can cease the powers of judges, assent

   to their detention and/or amenability, as well as

   dismiss the judges appointed by him(her)self.

    12) is the Supreme Commander-in-Chief of the armed forces,

   he/she appoints the members of the General Headquarters;

    13) takes decision on the use of the armed forces.  In the

   event of armed attack on the Republic and in case of

   immediate danger of such attack, in case the National

   Council declares war the President shall impose martial

   law, and may declare total or partial call-up.

      In the event of announcement of martial law, a special

   meeting of the National Council is convened.

    14) in case immediate danger is jeopardizing the

   Constitutional Order, after consulting the matter with

   the Chairman of the National Council and the Prime

   Minister, carries out appropriate measures and delivers

   about it a message to the people;

    15) grants citizenship of the Republic of Armenia, determines

   on granting political asylum;

    16) decorates with orders and medals of the Republic of

   Armenia, grants titles of honor, highest military,

   diplomatic, and other ranks;

    17) grants amnesty to convicts.

 

Art. 56.  The President of the Republic issues decrees and orders, which are obligatory for execution on the whole territory of the Republic.  The decrees and orders of the President of the Republic shall not contravene the Constitution and laws.

 

Art. 57.  The President of the Republic may be dismissed in case of committing state treachery or other heinous crime.  To resolve the issue of the President's dismissal the National Council shall apply to the Constitutional Court with a decision taken by a majority of all the votes.  The decision to dismiss the President of the Republic is taken by the National Council - by two-thirds of all the votes - after taking into consideration the opinion of the Constitutional Court.

 

Art. 58.  Resignation of the President of the Republic is accepted by the National Council by a simple majority vote of the total number of deputies.

 

Art. 59.  In case a serious disease or other insuperable obstacle prevents the President of the Republic from performing his/her duties, the National Council, following the Government's proposal and on the basis of the conclusion of the Constitutional Court, by the consent of at least 2/3rds of the total number of deputies takes a decision on inability of the President to discharge his powers and duties of his/her office.

 

Art. 60.  In case the President's office is vacated, before the newly elected President of the Republic enters upon his/her powers, the Chairman of the National Council or, should it be impossible, the Prime Minister assumes the duties and powers of the President of the Republic.  During this period of time it is prohibited to dissolve the National Council, conduct a referendum, appoint or remove the Prime Minister or Procurator General.

 

Art. 61.  Remuneration of the President, the order of rendering attendance upon him/her and ensuring his/her security is established by the Law.

 

                         CHAPTER FOUR

                     THE NATIONAL COUNCIL

 

Art. 62.  Legislative power in the Republic of Armenia is executed by the National Council.

In the cases envisaged by Articles 59, 66, 73, 74, 78, 81, 83, 84, 111, 112 of the Constitution, as well as to organize its activities the National Council takes decisions which are signed and promulgated by the Chairman of the National Council.

The powers of the National Council are established by the Constitution.  The National Council acts in accordance with its Regulations.

 

Art. 63.  The National Council is composed of one hundred thirty-one deputies.  The powers of the National Council expire four years after the election, in June, on the day of the first session of the newly elected National Council - the day when the newly elected National Council enters upon its powers.

The National Council may be dissolved pursuant to the order prescribed by the Constitution.

The newly elected National Council cannot be dissolved in the course of the first year following its election.  The National Council cannot be dissolved whether during the period when martial law is announced, or in the cases envisaged by paragraph 14 of Article 55 of the Constitution, or when the question of removal of the President of the Republic is raised.

 

Art. 64.  Everybody who has attained the age of twenty-five years, and has been a permanent resident and citizen of the Republic of Armenia for the past five years is eligible to be elected a deputy.

Art. 65.  The deputy shall not hold any other office in the State or carry out any other paid work except scientific, academic, and creative work.  The deputy's remuneration, guarantees for his/her activities are determined by the Law.

 

Art. 66.  The deputy shall not be handicapped by imperative mandate, and must be guided by his/her conscience and convictions.  The deputy shall not be persecuted or made answerable for the activities which are inherent to his/her position, such as expressing of opinion at the session of the National Council, if the statement does not include insults or calumny.

The deputy shall not be arrested, subjected to administrative or criminal liability without the consent of the National Council.

 

Art. 67.  The powers of the deputy are ceased:

a) when the powers of the National Council expire;

b) when the National Council is dissolved;

c) in case of violation of the provisions of Article 65

   of the Constitution;

d) in case of losing citizenship of the Republic of

   Armenia;

e) in case of being absent for inadequate reasons from a

   session amidst voting procedure;

f) in case of being convicted to detention;

g) in case of being recognized as disabled;

h) in case of his/her resignation.

 

The order of cessation of the deputy's powers is determined by the Regulations of the National Council.

 

Art. 68.  Regular elections to the National Council are conducted in sixty preceding expiration of its powers.  The order of election of the National Council is prescribed by the Law.  Elections are initiated following the order of the President of the Republic.  The first session of the newly elected National Council is summoned on the second Thursday following the election of at least 2/3rds of the total number of deputies.  Until election of the Chairman of the National Council, its sessions are chaired by the oldest deputy.

 

Art. 69.  Regular sessions of the National Council are summoned twice a year: from the second Monday of September up to the second Wednesday of December, and from the first Monday of February up to the second Wednesday of June.  Sessions of the National Council are open.  Closed sessions may be summoned by the decision of the National Council.

 

Art. 70.  A special session of the National Council may be convened by the President of the Republic, at the initiative of the Government or at least 1/3rd of the total number of deputies. At the request of a majority of the total number of deputies a special session of the National Council may be conducted according to the agenda and timetable proposed by the initiator.  Duration of the special session shall not exceed 6 days.  A special session of the National Council may be convened by the Chairman of the National Council, at the initiative of the Government or at least 1/3rd of the total number of deputies.  The special session of the National Council is conducted according to the agenda and timetable proposed by the initiator.

 

Art. 71.  Except for the cases envisaged in Articles 57, 58, 59, 72, 74, 84, 111, part four of Article 75, first part of Article 79, and paragraph 3 of Article 83 of the Constitution, laws and the decisions of the National Council are adopted by majority vote of all the deputies present, if more than half of the total number of deputies are participating in voting.

 

Art. 72.  The National Council shall discuss the bill returned by the President of the Republic in the first place.  In case the National Council does not accept proposals and objections of the President of the Republic, the returned bill is discussed once more and adopted by majority vote of the deputies present.

 

Art. 73.  Six standing committees are established in the National Council.  If needed, interim committees may also be established.  The standing committees are established for preliminary discussion of the bills and other proposals, and for presenting their conclusions thereon to the National Council.

 

Art. 74.  The Government, after either its or the newly elected National Council's formation, within twenty days presents the program of its activities to the National Council for approval, simultaneously raising the issue of credibility of the Government.  The draft decision on expressing a vote of non-confidence to the Government may be presented by at least 1/3rd of the total number of deputies within twenty-four hours since the issue of credibility has been raised.  The draft decision on expressing a vote of non-confidence to the Government can be put to the vote no sooner than forty-eight and not later than

twenty-four hours after its presentation.  The decision is taken by the simple majority vote of the total number of deputies.  In case no draft decision on expressing a vote of non-confidence to the Government has been presented, or in case the presented decision has not been passed, the Government's program of activities is considered approved.  In case of passing the decision on expressing a vote of non-confidence to the Government, the Prime Minister submits to the President of the Republic his/her appeal for resignation of the Government.

 

Art. 75.  The right to legislative initiative in the National Council belongs to the deputies and the Government.  The Government determines the sequence in which the bills submitted by it should be discussed.  The Government can require that these bills be subject to only those amendments which will be acceptable by it, before being put to the vote.  Any bill considered urgent by the decision of the Government, shall be discussed and put to the vote within a period of one month.  Those bills which have any relation to reduction of national incomes or increase of national expenditures shall be discussed by the National Council only following the Government's conclusion, and adopted by the majority vote of the total number of the deputies.  The Government, in relation to the submitted bill, may raise the issue of its credibility.  If the National Council does not take a decision on expressing a vote of non-confidence to the Government according to the order established in Article 74 of the Constitution, the bill is considered approved.  The Government shall not, in relation to a proposed bill, raise the issue of its credibility for more than two times during a session.

 

Art. 76.  The National Council confirms the State budget proposed by the Government.  In case of failure to confirm the annual budget before the beginning of the new fiscal year, the payments are done in the same proportion as in the previous year.  The order of discussing and confirming the State budget is prescribed by the law.

 

Art. 77.  The National Council shall supervise implementation of the State budget, as well as realization of the loans and credits received from international organizations.  The National Council considers and confirms the annual account on implementation of the State budget, submitted together with the conclusion of the National Council's Verification Chamber.

 

Art. 78.  In order to provide a legal framework for the program of the Government's activities, the National Council may empower the Government to adopt decisions which have legal power.  These decisions shall retain their power only for the period of time determined by the National Council, and shall not contravene the laws.  The aforesaid decisions are signed by the President of the Republic.

 

Art. 79.  The National Council by majority vote of the total number of deputies, elects the Chairman of the National Council, who remains in power until the powers of the National Council expire.  The Chairman of the National Council chairs sessions of the National Council, manages it material and financial assets, and guarantees its normal operation.  The National Council elects two deputies to the Chairman of the National Council.

 

Art. 80.  Deputies have the right to pose questions to the Government.  Every week of the regular sessions, at one of the meetings the Prime Minister and the members of the Government answer the deputies' questions.  The National Council does not take decisions in relation to these questions.

 

Art. 81.  At the suggestion of the President of the Republic the National Council:

1) declares amnesty;

2) ratifies or declares invalid the international treaties

   of the Republic of Armenia.  The range of international

   treaties subject to ratification in the National

   Council is established by the law;

3) declares war.  On the basis of the conclusion of the

   Constitutional Court, the National Council may cease

   implementation of the measures envisaged by paragraphs

   13 and 14 of Article 55 of the Constitution.

 

Art. 82.  The National Council at the Government's suggestion confirms territorial and administrative division of the Republic.

 

Art. 83.  The National Council:

1) appoints the Chairman and the Deputy Chairman of the

   Central Bank nominated by the President of the Republic;

2) appoints the Chairman of the National Council's

   Verification Chamber and members of the Constitutional

   Court nominated by the Chairman of the National

   Council.  From amongst the members of the Constitutional

   Court appoints the Chairman of the Constitutional Court.

      In case of failure to appoint Chairman of the

   Constitutional Court within 30 days following formation

   of the Constitutional Court, the President of the

   Republic him(her)self appoints the Chairman of the

   Constitutional Court;

3) based on the conclusion of the Constitutional Court,

   can cease the powers of a member of the Constitutional

   Court appointed by the National Council, express its

   consent about his/her detention, bringing to

   administrative or criminal responsibility.

 

Art. 84.  The National Council, by majority vote of the total number of deputies expresses non-confidence to the Government.  The National Council cannot exercise the aforesaid right when martial law is announced, or in the cases envisaged in paragraph 14 of Article 55 of the Constitution.

 

                         CHAPTER FIVE

                        THE GOVERNMENT

 

Art. 85.  The executive power in the Republic of Armenia is realized by the Government of the Republic of Armenia.  The Government is composed of the Prime Minister and the Ministers.  The powers of the Government are established by the Constitution and the law.  The structure and machinery of the Government is established by the President of the Republic after being presented by the Prime Minister.

 

Art. 86.  Presidiums of the Government are chaired by the President of the Republic or, following his instruction, by the Prime Minister.  Resolutions of the Government are signed by the Prime Minister and enacted by the President of the Republic.

In the cases envisaged in Article 59 of the Constitution, following the request of the majority of the Government's members the Prime Minister convenes the Presidium of the Government and chairs the Presidium.

 

Art. 87.  The Prime Minister directs current activities of the Government and coordinates activities of the Ministers.  The Prime Minister takes decisions.  In the cases prescribed by the Order of the Government's Activities, decisions of the Prime Minister are signed also by ministers in charge for execution of the decisions.

 

Art. 88.  The member of the Government shall not be a member of any representational body, hold any other office in the State, or perform any paid work.

 

Art. 89.  The Government:

1) in the order prescribed by Article 74 of the

   Constitution, presents the program of its activities

        to the National Council for its approval;

2) presents the bill of State budget to the National

   Council for confirmation, ensures implementation of

   the budget, and presents a report on implementation

   of the budget to the National Council;

3) manages the State property;

4) ensures implementation of united fiscal, loan, and

   tax State policies;

5) ensures implementation of State policy in the realms

   of science, education, culture, health care, social

   security, and environmental protection;

6) ensures implementation of defense, national security,

   and foreign policies of the Republic;

7) takes measures to strengthen adherence to the laws,

   to ensure the rights and freedoms of the citizens,

   to protect public order and property of the citizens.

 

Art. 90.  The Government presents the bill of the State budget to the National Council for consideration at least 60 days before the beginning of the fiscal year, and can require that, together with amendments acceptable by the Government, it be put to the vote before termination of the same period.  The Government, in relation to the adoption of the budget, may raise the issue of its credibility.  If the National Council does not take a decision for expressing a vote of non-confidence to the Government according to the order established in Article 74 of the Constitution, the bill is considered approved.

In case of expressing a vote of non-confidence to the Government by the National Council in relation to adoption of the budget, the new Government shall within twenty days present a bill of the State budget, which shall be discussed and adopted within thirty days, according to the order prescribed by this Article.

 

                          CHAPTER SIX

                      THE JUDICIAL POWER

 

Art. 91.  In the Republic of Armenia justice is carried out by Courts in conformity with the Constitution and the law.  In cases prescribed by the law trial is conducted with participation of jurors.

 

Art. 92.  In the Republic of Armenia the courts of general competence are: the tribunal courts of first instance, the review courts, and the Court of Appeals.

In the Republic of Armenia there are also economic, military, and other courts envisaged by the law.  Establishment of special courts is prohibited.

 

Art. 93.  The decisions and verdicts which entered into legal power are reexamined by the Court of Appeals if the Procurator General, his/her deputies, or specially licensed lawyers registered in the Court of Appeals appeal against them.

 

Art. 94.  The guarantor of independence of judicial bodies is the President of the Republic.  He/she is the Head of the Council of Justice.  The Minister for Justice and the Procurator General are the Deputy Heads of the Council of Justice.  Fourteen members appointed by the President of the Republic for a period of five years included in the Council.  Of these fourteen, two are legal scholars, nine are judges, and three are prosecutors.  Three Council members are appointed from amongst the judges of the tribunal courts of first instance, the review courts and the Court of Appeals.  General assemblies of the judges each put forward three candidates by secret ballot for each spot.  The Procurator General puts forward the candidacies for the prosecutor members of the Council.

 

Art. 95.  The Council of Justice:

1) formulates at the proposal of the Minister for Justice,

   and presents for certification to the President of the

   Republic, annual lists of the fitness for office and

   official advancement of judges, on the basis of which

   appointments are made;

2) at the proposal of the Procurator General formulates

   and presents for certification to the President of

   the Republic annual lists of fitness for office and

   official advancement of prosecutors, on the basis of

   which appointments are made;

3) proposes the candidacies for the chairmen and judges

   of the Court of Appeals and its chambers and the

   chairmen of the review, first instance tribunal, and

   other courts and presents its finding concerning the

   candidacies for other judges presented by the Minister

   for Justice;

4) presents its finding concerning the candidacies

   presented by the Procurator General for the Deputy

   Procurator General and prosecutors heading structural

   subdivisions of the Procurator's office;

5) presents proposals to bestow qualification rankings

   on judges and prosecutors;

6) presents proposals on giving agreement to the

   termination of the powers of a judge, the arrest of

   a judge, and his subjection to administrative or

   criminal liability by court procedure;

7) subjects a judge to disciplinary liaability.  The

   President of the Court of Appeals conducts meetings

   of the Council of Justice when they examine cases

   connected with the subjecting of a judge to liability.

   The President of the Republic, the Minister for

   Justice, and the Procurator General do not participate

   in those meetings;

8) expresses its opinion about issues of pardon upon

   inquiry of the President of the Republic.

 

Procedures of the Council of Justice are provided for by law.

 

Art. 96.  Judges and members of the Constitutional Court are permanent.  A judge holds office until he reaches the age of 65, and a member of the Constitutional Court - until he reaches the age of 70.  Their powers are terminated only in the cases and by the order provided for by the Constitution and the law.

 

Art. 97.  In carrying out justice, judges and members of the Constitutional Court are independent and are subservient only to the law.  Guarantees, bases of liability, and procedure of the activity of judges and members of the Constitutional Court are provided for by the law.

 

Art. 98.  Judges and members of the Constitutional Court cannot occupy other state posts or perform other paid employment, other than scientific, educational, and creative work.  Judges and members of the Constitutional Court cannot be members of any political party or engage in political activity.

 

Art. 99.  The Constitutional Court is composed of nine members, of whom the National Council appoints five and the President of the Republic appoints four.

 

Art. 100.  The Constitutional Court by procedures stipulated by the law:

1) determines whether decisions of the National Council,

   decrees and orders of the President of the Republic,

   and resolutions of the Government correspond to the

   Constitution;

2) decides, prior to ratification of an international

   treaty, whether the obligations created in it correspond

   to the Constitution;

3) resolves disputes relating to referendums and results of

   elections of the President of the Republic and deputies;

4) makes a finding that an obstacle facing a candidate for

   the post of the President of the Republic is

   insuperable or has been eliminated;

5) provides its finding on the existence of bases to

   remove the President of the Republic from his/her

   office;

6) provides its finding on measures provided for by

   paragraphs 13 and 14 of Article 55 of the Constitution;

7) provides its finding on the impossibility to perform

   the powers of his/her office by the President of the

   Republic;

8) provides its finding on terminating the powers of a

   member of the Constitutional Court, on arresting

   him/her, and on subjecting him/her to administrative

   or criminal liability through judicial procedure;

9) decides on the suspension or prohibition of the

   activity of a political party in the cases envisaged

   by the law.

 

Art. 101.  The Constitutional Court shall accept the appeals of:

1) the President of the Republic;

2) at least one third of the delegates;

3) candidates to the post of the President of the Republic

   and for deputies in disputes related to the results of

   the elections;

4) the Government, in the cases stipulated in Article 59

   of the Constitution.  The Constitutional Court

   examines cases only if corresponding application is

   submitted.

 

Art. 102.  The Constitutional Court makes its decisions and findings no later than thirty days following receipt of an application.  Decisions of the Constitutional Court are final, not subject to review, and enter into force from the moment of promulgation.

The Constitutional Court resolves the issues stipulated in paragraphs 1-4 of Article 100 of the Constitution by a majority vote of the total number of its members, and the issues stipulated in paragraphs 5-9 of the same Article by at least 2/3rds.

 

Art. 103.  The Office of the Procurator in the Republic of Armenia is a united centralized system headed by the Procurator General.  The Office of the Procurator:

1) brings criminal prosecution in cases and by a procedure

   stipulated by the law;

2) oversees the legality of preliminary investigations

   and fundamental investigation;

3) defends the accusation in the Court;

4) brings actions in the Court to defend State interests;

5) appeals against the judgments, verdicts, and decisions

   of the Courts;

6) oversees the application of punishment and other means

   of constraint.  The Procurator's Office operates

   within the realm of powers reserved to it by the

   Constitution on the basis of the "Law on the

   Procurator's Office".

 

                              

                         CHAPTER SEVEN

                TERRITORIAL ADMINISTRATION AND

                     LOCAL SELF-GOVERNMENT

 

Art. 104.  Administrative territorial units of the Republic of Armenia are regions and communities.  Regions are comprised of rural and urban communities.

 

Art. 105.  Local self-government takes place in the communities.  Bodies for local self-government, community elders with five to fifteen members, and the head of the community (the city mayor or head of the village), are elected for a three-year period to administer community property and solve issues of community-wide significance.  The community leader establishes his/her own staff.

 

Art. 106.  The community elders on the presentation of the community leader ratify the community budget, oversee the implementation of the budget, and, in the procedure established by the law, levy local taxes and payments.

 

Art. 107.  State government is exercised in the regions.  In the regions, the Government appoints and dismisses regional governors, who carry out the Government's regional policy and coordinate the performance of regional services by the State executive bodies.

 

Art. 108.  The city of Yerevan has the status of a region.  The President of the Republic, upon nomination by the Prime Minister, appoints and dismisses the Mayor of Yerevan.  Local self-government takes place in the district communities of Yerevan.

 

Art. 109.  Upon the request of the Regional Governor, the Government, in the cases envisaged by the law, can remove a community leader from the office.  In case of the removal of a community leader by the decision of the Government, special elections are held within thirty days.  Until the newly-elected community leader assumes his/her duties, the Prime Minister appoints an acting leader of the urban community, and the Regional Governor appoints the acting leader of the village community.

 

Art. 110.  The election procedure and powers of local self-government bodies are established by the Constitution and the law.

 

                         CHAPTER EIGHT

         ADOPTION OF THE CONSTITUTION, ITS AMENDMENT,

                      AND THE REFERENDUM

 

Art. 111.  The Constitution is adopted or amended through referenmdum at the initiative of the President of the Republic or the National Council.  The President of the Republic designates a referendum at the proposal or upon agreement of the majority of the overall number of the deputies of the National Council.  The President of the Republic, within twenty-one days after receiving the draft of the Constitution or amendments to it, can return it to the National Council with his/her objections and suggestions, and request a new discussion of it.  The President of the Republic puts up for a referendum within the period stipulated by the National Council the draft of the Constitution or amendments to it, that are again proposed by the National Council by at least a two-third vote of the total number of the deputies.

 

Art. 112.  Laws are put to referendum at the proposal of the National Council or the Government through the procedure established in Article 111 of the Constitution.

Laws accepted by referendum can be changed only by referendum.

 

Art. 113.  The draft put to referendum is considered accepted if over half of the participants in the voting, but not less than one-third of the citizens included in the voting lists, vote for it.

 

Art. 114.  Articles 1, 2, and 114 of the Constitution are not subject to amendment.

 

                         CHAPTER NINE

                    TRANSITIONAL PROVISIONS

 

Art. 115.  This Constitution enters into force on the basis of the results of a referendum, from the moment of being promulgated.

 

Art. 116.  From the moment the Constitution enters into force:

1) the operation of the 1978 Constitution, along with the

   subsequent amendments and additions to it, as well as

   of the constitutional laws, terminates;

2) laws and other legal acts of the Republic of Armenia

   operate to the extent they do not contravene the

   Constitution;

3) the President of the Republic exercises the powers

   reserved to him/her by the Constitution.  The

   Vice-President of the Republic, until the expiration

   of his/her powers, performs the instructions of the

   President of the Republic;

4) the National Council exercises the powers reserved to

   it by the Constitution.  The provisions of the first

   part of Article 63 and the first part of Article 65

   of the Constitution apply to the subsequent

   convocations of the National Council.  Until then,

   Articles 4 and 5 of the March 27, 1995, Constitutional

   Law are in operation;

5) until the formation of the Constitutional Court,

   international agreements are ratified without its

   findings;

6) village, settlement, city, region councils of deputies

   and their executive bodies operated within the

   framework of their former powers, until the termination

   of their powers and the adoption of legislation, in

   accordance with the Constitution, on territorial

   administration and local self-government.

      Until the adoption of legislation on "Territorial

   Administration and Local Self-Government", the right

   to expressing a vote of non-confidence to the chairmen

   of city and regional councils of deputies belongs to

   the National Council.

7) regional (urban) people's Courts and the Supreme Court

   continue to operate within the realm of their former

   powers, until the adoption of legislation on Court

   structure and procedure and the formation of a new

   judicial system in accordance with the Constitution;

8) the State Arbitration Courts continue to operate

   within the framework of their former powers, until the

   formation of the Economic Court;

9) the powers of judges of regional (urban) people's

   Courts are extended for a period up to six months,

   during which the President of the Republic, at the

   proposal of the Council of Justice, appoints for a

   period of three years the judges of regional (urban)

   Courts;

    10) the powers of members of the Supreme Court are extended

   until the formation of the Court of Appeals, but for no

   longer than three years;

    11) until the formation of a new judicial system, 11 members

   appointed by the President of the Republic, of whom two

   are legal scholars, six are judges, and three are

   prosecutors are included in the Council of Justice.

   Three members of each of the Council are appointed

   from among the judges of the regional (urban) people's

   Courts and the Supreme Court, through the procedure

   established by Article 94 of the Constitution.  The

   President of the Republic heads the Council.   The

   Minister for Justice and the Procurator General are

   deputy-heads of the Council.  The Council of Justice

   exercises the powers reserved to it by the Constitution;

    12) the Procurator's Office exercises the powers reserved

   to it by the Constitution, in accordance with the

   legislation currently in effect until adoption of a

   law "on the Procurator's Office";

    13) the Supreme Court review Court verdicts, judgments,

   and decisions that have entered into legal force on

   the basis of appeals of the Procurator General and

   his/her deputies and specially-licensed lawyers

   registered in the Supreme Court;

    14) the previous procedure for searches and arrests is

   maintained until the legislation for criminal procedure

   is made to correspond to the Constitution.

 

Art. 117.  The day of adoption of the Constitution is declared a holiday, "Constitution Day".