CONSTITUTION
OF THE
(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
CHAPTER ONE
THE FOUNDATIONS OF
CONSTITUTIONAL ORDER
Article 1. The
Art. 2. The rule in the
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
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
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
Art. 7. A multiparty political system is acknowledged
in the
Art. 8. The right to property is acknowledged and
protected in the
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
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
Art. 12. The official language in the
Art. 13. The flag of the
The
State Emblem of the
The
anthem of the
The
capital of the
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
A
citizen of the
Art. 15. The citizens of the
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
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
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
Art. 50. The President of the Republic is elected by
citizens of the
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
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
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
on granting
political asylum;
16) decorates with
orders and medals of the Republic of
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
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
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
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
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
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
In case of failure to appoint Chairman of
the
Constitutional Court within 30 days
following formation
of the
Republic him(her)self
appoints the Chairman of the
Constitutional Court;
3) based on the conclusion of the
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
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
Art. 92. In the
In
the
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
Art. 97. In carrying out justice, judges and members
of the
Art. 98. Judges and members of the
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
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
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
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
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
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
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
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
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
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".