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Constitution of the Republic of Armenia. |
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| The Foundations of Constitutional Order |
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Article 1
The Republic of Armenia is a sovereign, democratic
state, based on social justice and the rule of law.
Article 2
In the Republic of Armenia power lies with the people.
The people exercise their power through free
elections and referenda, as well as through
state and local self-governing bodies and public
officials as provided by the Constitution. The
usurpation of power by any organization or
individual constitutes a crime.
Article 3The elections of the President, the National
Assembly and local self-governing
bodies of the Republic of Armenia, as well as
referenda, are held based on the right to
universal, equal and direct suffrage by secret
ballot.
Article 4
The state guarantees the protection of human rights
and freedoms based on the Constitution and the
laws, in accordance with the principles and
norms of international law.
Article 5
State power shall be exercised in accordance with the Constitution and the laws
based on the principle of the separation of the
legislative, executive and judicial powers.
State bodies and public officials may execute
only such acts as authorized by
legislation.
Article 6
The supremacy of the law shall be guaranteed in the
Republic of Armenia. The Constitution of the
Republic has supreme juridical force, and its
norms are applicable directly. Laws found to
contradict the Constitution as well as other
juridical acts found to contradict the
Constitution and the law shall have no legal
force. Laws shall take effect only after
official publication. Unpublished juridical acts
pertaining to human rights, freedoms, and duties
shall have no juridical force. International
treaties that have been ratified are a
constituent part of the legal system of the
Republic. If norms are provided in these
treaties other than those provided by laws of
the Republic, then the norms provided in the
treaty shall prevail. International treaties
that contradict the Constitution may be ratified
after making a corresponding amendment to the
Constitution.
Article 7
The multiparty system is recognized in the Republic
of Armenia. Parties are formed freely and
promote the formulation and expression of the
political will of the people. Their activities
may not contravene the Constitution and the
laws, nor may their structure and practice
contravene the principles of democracy.
Parties shall ensure the openness of their
financial activities.
Article 8
The right to property is
recognized and protected in the Republic of
Armenia. The owner of property may dispose of,
use and manage the property at his or her
discretion. The right to property may not be
exercised so as to cause damage to the
environment or infringe on the rights and lawful
interests of other persons, society, or the
state. The state shall guarantee the free
development and equal legal protection of all
forms of property, the freedom of economic
activity and free economic
competition.
Article 9
The foreign policy of the Republic of Armenia shall
be conducted in accordance with the norms of
international law, with the aim of establishing
good neighborly and mutually beneficial
relations with all states.
Article 10
The state shall ensure the protection and reproduction of the environment and the rational utilization of natural
resources.
Article 11
Historical and cultural monuments and other cultural values are under
the care and protection of the state. Within
the framework of principles and norms of
international law, the Republic of Armenia shall
promote the protection of Armenian historical
and cultural values located in other countries,
and shall support the development of Armenian
educational and cultural life.
Article 12
The state language of the Republic of Armenia is the Armenian.
Article 13
The flag of the Republic of
Armenia is tricolor made of three horizontal and
equal strips of red, blue, and orange. The
coat of arms of the Republic of Armenia depicts,
in the center on a shield, Mount Ararat with
Noah's ark and the coats of arms of the four
kingdoms of historical Armenia. The shield is
supported by a lion and an eagle while a sword,
a branch, a sheaf, a chain and a ribbon are
portrayed under the shield. The national
anthem of the Republic of Armenia is the "Our
Fatherland." The capital of the Republic of
Armenia is Yerevan.
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Fundamental Human and Civil Rights and Freedoms |
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Article 14
The procedures for acquiring and terminating
citizenship of the Republic of Armenia are
determined by law. Individuals of
Armeniansorigin shall acquire citizenship of the
Republic of Armenia through a simplified
procedure.
A citizen of the Republic of
Armenia may not be a citizen of another state
simultaneously.
Article 15
Citizens, regardless of national origin, race, sex, language, creed,
political or other persuasion, social origin,
wealth or other status, are entitled to all the
rights and freedoms, and subject to the duties
determined by the Constitution and the
laws.
Article 16
All are equal before the law and shall be given
equal protection of the law without
discrimination.
Article 17
Everyone has the right to life.
Until such time as it is abolished, the
death penalty may be prescribed by law for
particular capital crimes, as an exceptional
punishment.
Article 18
Everyone is entitled to freedom and the right to be secure in their person. No
one may be arrested or searched except as
prescribed by law. A person may be detained only
by court order and in accordance with legally
prescribed procedures.
Article 19
No one may be subjected to
torture and to treatment and punishment that are
cruel or degrading to the individual's dignity.
No one may be subjected to medical or
scientific experimentation without his or her
consent.
Article 20
Everyone is entitled to defend
his or her private and family life from unlawful
interference and defend his or her honor and
reputation from attack.
The gathering,
maintenance, use and dissemination of illegally
obtained information about a person's private
and family life are prohibited.
Everyone has
the right to confidentiality in his or her
correspondence, telephone conversations, mail,
telegraph and other communications, which may
only be restricted by court order.
Article 21
Everyone is entitled to privacy in
his or her own dwelling. It is prohibited to
enter a person's dwelling against his or her own
will except under cases prescribed by law.
A
dwelling may be searched only by court order and
in accordance with legal procedures.
Article 22
Every citizen is entitled to
freedom of movement and residence within the
territory of the Republic.
Everyone has the
right to leave the Republic.
Every citizen
is entitled to return to the Republic.
Article 23
Everyone is entitled to freedom
of thought, conscience, and religion. The
freedom to exercise one's religion and beliefs
may only be restricted by law on the grounds
prescribed in Article 45 of the
Constitution.
Article 24
Everyone is entitled to assert
his or her opinion. No one shall be forced to
retract or change his or her opinion.
Everyone is entitled to freedom of speech,
including the freedom to seek, receive and
disseminate information and ideas through any
medium of information, regardless of state
borders.
Article 25
Everyone has the right to form
associations with other persons, including the
right to form or join trade unions.
Every
citizen is entitled to form political parties
with other citizens and join such parties. These
rights may be restricted for persons belonging
to the armed forces and law enforcement
organizations.
No one shall be forced to
join a political party or association.
Article 26
Citizens are entitled to hold
peaceful and unarmed meetings, rallies,
demonstrations and processions.
Article 27
Citizens of the Republic of
Armenia who have attained the age of eighteen
years are entitled to participate in the
government of the state directly or through
their freely elected representatives.
Citizens found to be incompetent by a court
ruling, or duly convicted of a crime and serving
a sentence may not vote or be elected.
Article 28
Everyone is entitled to private
property and inheritance. Foreign citizens and
persons without citizenship shall not have the
right to own land, except in cases prescribed by
law. The owner may be deprived of private
property only by a court in cases prescribed by
law.
Private property may be alienated for
the needs of society and the state only under
exceptional circumstances, with due process of
law, and with prior equivalent
compensation.
Article 29
Every
citizen is entitled to freedom of choice in
employment.
Everyone is entitled to wages
that are fair and that are no lower than the
minimum established by the state, and to working
conditions which meet sanitary and safety
requirements.
Citizens are entitled to
strike in the defense of their economic, social
and work interests. The procedures and
restrictions applicable to the exercise of this
right shall be prescribed by law.
Article 30
Everyone is entitled to rest.
The maximum work period, rest days, and
minimum duration of annual paid vacation shall
be prescribed by law.
Article 31
Every citizen is entitled to an
adequate standard of living for himself or
herself and his or her family, to adequate
housing, as well as to the improvement of living
conditions. The state shall provide the
essential means to enable the exercise of these
rights.
Article 32
The
family is the natural and fundamental cell of
society. Family, motherhood, and childhood are
placed under the care and protection of society
and the state.
Women and men enjoy equal
rights when entering into marriage, during
marriege, and in the course of
divorce.
Article 33
Every
citizen is entitled to social security during
old age, disability, sickness, loss of an income
earner, unemployment and in other cases
prescribed by law.
Article 34
Everyone is entitled to the
preservation of health. The provision of medical
care and services shall be prescribed by law.
The state shall put into effect health care
protection programs for the population and
promote the development of sports and physical
education.
Article 35
Every
citizen is entitled to education.
Education
shall be free of charge in state secondary
educational institutions.
Every citizen is
entitled to receive higher and other specialized
education free of charge and on a competitive
basis, in state educational institutions.
The establishment and operation of private
educational institutions shall be prescribed by
law.
Article 36
Everyone is entitled to freedom
of literary, artistic, scientific and technical
creation, to benefit from the achievements of
scientific progress and to participate in the
cultural life of society.
Intellectual
property shall be protected by law.
Article 37
Citizens belonging to national
minorities are entitled to the preservation of
their traditions and the development of their
language and culture.
Article 38
Everyone is entitled to defend
his or her rights and freedoms by all means not
otherwise prescribed by law.
Everyone is
entitled to defend in court the rights and
freedoms engraved in the Constitution and the
laws.
Article 39
Everyone is entitled to restore
any rights which may have been violated, as well
as to a public hearing by an independent and
impartial court, under the equal protection of
the law and fulfilling all the demands of
justice, to clear himself or herself of any
accusations. The presence of the news media and
representatives of the public at a judicial
hearing may be prohibited by law wholly or in
part, for the purpose of safeguarding public
morality, the social order, national security,
the safety of the parties, and the interests of
justice.
Article 40
Everyone is entitled to receive
legal assistance. Legal assistance may be
provided free of charge in cases prescribed for
by law.
Everyone is entitled to legal
counsel from the moment he or she is arrested,
detained, or charged.
Every convicted person
is entitled to have his or her conviction
reviewed by a higher court, in a manner
prescribed by law. Every convicted person is
entitled to request a pardon or mitigation of
any given punishment.
Compensation for the
harm caused to the wronged party shall be
provided in a manner prescribed by
law.
Article 41
A person accused of a crime shall be presumed
innocent until proven guilty in a manner
prescribed by law, and by a court sentence
properly entered into force.
The defendant
does not have the burden to prove his or her
innocence. Accusations not proven beyond a doubt
shall be resolved in favor of the
defendant.
Article 42
A person shall not be compelled to be a witness
against himself or herself or against his or her
spouse, or against a close relative.
The law
may foresee other circumstances relieving a
person from the obligation to testify. Illegally
obtained evidence shall not be used.
A
punishment may not exceed that which could have
been met by the law in effect when the crime was
committed.
A person shall not be considered
to be guilty for a crime if at the time of its
commission the act was not legally considered a
crime.
Laws limiting or increasing liability
shall not have retroactive effect.
Article 43
The rights and freedoms set forth in the Constitution are not exhaustive and
shall not be construed to exclude other
universally accepted human and civil rights and
freedoms.
Article 44
The
fundamental human and civil rights and freedoms
established under Articles 23 and 27of the Constitution
may only be restricted by law, if necessary for
the protection of state and public security,
public order, public health and morality, and
the rights, freedoms, honor and reputation of
others.
Article 45
Some
human and civil rights and freedoms, except for
those provided under Articles 17, 20, 39, and 41, 43 of the Constitution,
may be temporarily in a manner prescribed by
law, in the event of martial law, or in cases
prescribed under paragraph 4 of Article 55 of the
Constitution.
Article 46
Everyone shall pay taxes,
duties, and make other mandatory payments in
amounts and manners prescribed by law.
Article 47
Every citizen shall participate
in the defense of the Republic of Armenia in a
manner prescribed by law.
Article 48
Everyone shall uphold the
Constitution and the laws, and respect the
rights, freedoms and dignity of others.
The
exercise of rights and freedoms shall not serve
toward the violent overthrow of the
Constitutional order, for the instigation of
national, racial, or religious hatred or for the
incitement to violence and war. |
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| The President of the Republic |
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Article
49
The
President of the Republic of Armenia shall
uphold the Constitution, and ensure the normal
functioning of the legislative, executive and
judicial authorities. The President of the
Republic shall be the guarantor of the
independence, territorial integrity and security
of' the Republic.
Article 50
The
President of the Republic shall be elected by
the citizens of the Republic of Armenia for a
five year term of office.
Every person
having attained the age of thirty five, having
been a citizen of the Republic of Armenia for
the preceding ten years, having permanently
resided in the Republic for the preceding ten
years, and having the right to vote is eligible
for the Presidency.
The same person may not
be elected for the post of the President of the
Republic for more than two consecutive
terms.
Article 51
Elections for the post of
President of the Republic shall be held fifty
days prior to the expiration of the term of
office of the President in office and in
accordance with procedures set by the
Constitution and the laws.
The candidate who
received more than half of the votes cast for
the presidential candidates shall be considered
as having been elected President of the
Republic.
If the election involved more than
two candidates and none received the necessary
votes, a second round of elections shall be held
on the fourteenth day following the first round
of the election, at which time the two
candidates having received the highest number of
votes in the first round shall participate. The
candidate who receives the highest number of
votes during this second round shall be
considered to have been elected.
In the
event only one candidate is presented, the
candidate shall be considered as having been
elected if he or she has received more than half
of the votes cast.
If a President is not
elected, there shall be new elections on the
fortieth day after the first round of elections.
The President elect of the Republic shall
assume office on the day when the term of the
previous President expires.
A President who
shall be elected by new or extraordinary
elections shall assume office within ten days of
such elections.
Article
52
In the
event that one of the presidential candidates
faces insurmountable obstacles, the presidential
elections shall be postponed by two weeks. If
during this period obstacles recognized as
insurmountable are not removed, or in the event
of the passing of one of the candidates prior to
election day, new elections shall be held.
These new elections shall be held on the
fortieth day following the determination of
these obstacles to be insurmountable.
Article
53
In the event of the resignation
of the President of the Republic, his or her
passing, incapacity to perform his or her
functions, or removal from office in accordance
to Article 57 of the
Constitution, special presidential elections
shall be held on the fortieth day following the
vacancy of the office.
Article
54
The President of the Republic
shall assume office by pledging an oath to the
people during a special sitting of the National
Assembly.
Article
55
The
President of the Republic:
1) shall address
the people and the National Assembly;
2)
shall sign and promulgate within twenty one days
of receipt, laws passed by the National
Assembly;
During this period, the President
may remand a law to the National Assembly with
objections and recommendations requesting new
deliberations.
The President shall sign and
publish the law within five days of the second
passing of such law by the National Assembly;
3) may dissolve the National Assembly and
designate special elections after consultations
with the President of the National Assembly and
the Prime Minister. Special elections shall be
held no sooner than thirty and no later than
forty days after the dissolution of the National
Assembly.
The President may not dissolve the
National Assembly during the last six months of
his or her term of office;
4) shall appoint
and remove the Prime Minister. The President
shall appoint and remove the members of the
Government upon the recommendation of the Prime
Minister.
In the event that the National
Assembly adopts a vote of no confidence against
the Government, the President shall, within
twenty one days accept the resignation of the
Government, appoint a Prime Minister and form a
Government;
5) shall make appointments to
civilian positions in cases prescribed by law;
6) may establish advisory bodies.
7)
shall represent the Republic of Armenia in
international relations, conduct and oversee
foreign policy, make international treaties,
sign international treaties that are ratified by
the National Assembly, ratify intergovernmental
agreements;
8) shall appoint and recall the
diplomatic representatives of the Republic of
Armenia to foreign countries and international
organizations, and receive the credentials and
letters of recall of diplomatic representatives
of foreign countries;
9) shall appoint and
remove the Prosecutor General upon the
recommendation of the Prime Minister.
I0)
shall appoint members and the President of the
Constitutional Court.
He may, on the basis
of a determination by the Constitutional Court,
remove from office any of his or her appointees
to the Court or sanction the arrest of such a
member of the Court, and through the judicial
process authorize the initiation of
administrative or criminal proceedings against
that member;
11) shall appoint, in
accordance with the procedure provided in
Article 95 of the Constitution, the president
and judges. of the Court of Appeals and its
chambers, the courts of review, the courts of
first instance and other courts, the deputy
prosecutors general and prosecutors heading the
organizational subdivisions of the office of the
Prosecutor General; may remove from office any
judge, sanction the arrest of a judge and
through the judicial process, authorize the
initiation of administrative or criminal
proceedings against a judge and remove the
prosecutors that he or she has appointed.
12) is the Commander in Chief of the armed
forces and shall appoint the staff of the
highest command of the armed forces;
l3)
shall decide on the use of the armed forces. In
the vent of an armed attack against or of an
immediate anger to the Republic, or a
declaration of war by the National Assembly, the
President shall declare a state of martial law
and may call for a general or partial
mobilization.
Upon the declaration of
martial law, a special sitting of the National
Assembly shall be held;
14) in the event of
an imminent danger to the constitutional order,
and upon consultations with the President of the
National Assembly and the Prime Minister, shall
take measures appropriate to the situation and
address the people on the subject;
15) shall
grant citizenship of the Republic of Armenia and
decide on the granting of political asylum;
16) shall award the orders and medals of the
Republic of Armenia and grant the highest
military and honorary titles and diplomatic and
other titles;
17) may grant pardons to
convicted individuals.
Article
56
The President of the Republic
may issue orders and decrees which shall be
executed throughout the Republic.
The orders
and decrees of the President of the Republic
shall not contravene the Constitution and the
laws.
Article
57
The
President may be removed from office for state
treason or other high crimes.
In order to
request a determination on questions pertaining
to the removal of the President of the Republic
from office, the National Assembly must appeal
to the Constitutional Court by a resolution
adopted by the majority of the deputies.
A
decision to remove the President of the Republic
from office must be reached by the National
Assembly by a minimum two thirds majority vote
of the total number of deputies, based on the
determination of the Constitutional
Court.
Article
58
The
acceptance of the resignation of the President
of the Republic shall be determined by the
National Assembly by a majority vote of the
total number of deputies.
Article 59
In the event of the serious
illness of the President of the Republic or of
insurmountable obstacles affecting the
performance of his or her duties, upon the
recommendation of the Government and a
determination by the Constitutional Court, the
National Assembly shall adopt a resolution on
the incapacity of the President of the Republic
to exercise his or her duties with a minimum two
thirds majority vote of the total number of
deputies.
Article
60
In the
event that the office of the President of the
Republic remains vacant and until a newly
elected President assumes office the
presidential duties shall devolve onto the
President of the National Assembly, and if that
is not possible, onto the Prime Minister. During
this period it is prohibited to dissolve the
National Assembly, call a referendum, and
appoint or remove the Prime Minister and the
Prosecutor General.
Article 61
The
compensation, servicing and security of the
President of the Republic shall be prescribed by
law. |
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| The National
Assembly |
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Article
62
Legislative power in the
Republic of Armenia: shall be vested in the
National Assembly.
Under cases provided by
Articles 59,
66, 73,
74, 78,
81, 83,
84, 111, 112 of the
Constitution, as well as for purposes of
organizing its own activities, the National
Assembly shall adopt resolutions which shall be
signed and published by its President.
The
powers of the National Assembly are determined
by the Constitution.
The National Assembly
shall operate in accordance with its rules of
procedure.
Article
63
The
National Assembly shall have one hundred and
thirty one deputies.
The authority of the
National Assembly shall expire in June of the
fourth year following its elect on, on the
opening day of the first session of the newly
elected National Assembly, on which day the
newly elected National Assembly shall assume its
powers.
The National Assembly may be
dissolved in accordance with the Constitution.
A newly elected National Assembly may not be
dissolved during a one year period following its
election.
The National Assembly may not be
dissolved during a state of martial law, or
under the cases foreseen under paragraph 14 of
Article 55 of the
Constitution, or when the removal of the
President of the Republic from office is being
deliberated.
Article 64
Any
person having attained the age of twenty five,
having been a citizen of the Republic of
Armenia- for the preceding five years, having
permanently resided in the Republic for the
preceding five years, and who has the right to
vote, may be elected as a Deputy.
Article 65
A Deputy may not hold any other
public office, nor engage in any other paid
occupation, except for scientific, educational
and creative work.
The compensation and
guarantees for the normal functioning of a
Deputy shall be prescribed by law.
Article 66
A Deputy shall not be bound by
any compulsory mandate and shall be guided by
his or her conscience and convictions. A Deputy
shall not be prosecuted or held liable for
actions arising from the performance of his or
her status, or for the expression of his or her
opinions expressed in the National Assembly,
provided these are not slanderous or defamatory.
A Deputy may not be arrested and subjected
to administrative or criminal prosecution
through judicial proceedings without the consent
of the National Assembly.
Article
67
The powers of a Deputy shall
terminate upon the expiration of the term of the
National Assembly, upon the dissolution of the
same, upon violation of the provisions of part I
of Article 65 of. the Constitution, upon loss of
citizenship of the Republic of Armenia, for
unfounded absences from half of the floor votes
during a single session upon being sentenced to
imprisonment, when deemed incapacitated and upon
his or her resignation.
A Deputy's term of
office shall be terminated in a manner
prescribed by the rules of procedure of the
National Assembly.
Article 68
Regular elections to the
National Assembly shall be held within sixty
days prior to the expiration of the term of the
current Assembly.
Procedures for elections
to the National Assembly shall be prescribed by
law.
The date of elections shall be fixed by
Presidential decree.
The first session of a
newly elected National Assembly shall convene on
the second Thursday following the election of at
least two thirds of the total number of
Deputies.
Until the election of the
President of the National Assembly, its meetings
shall be chaired by the Deputy who is most
senior in age.
Article
69
The
regular sessions of the National Assembly shall
convene twice per year from the second Monday of
September to the second Wednesday of December
and from the first Monday of February to the
second Wednesday of June.
The sittings of
the National Assembly shall be open to the
public. Closed door sittings may be convened by
a resolution of the National Assembly.
Article 70
An extraordinary session of the
National Assembly may be convened by the
President of the Republic, at the initiative of
at least one third of the total number of
Deputies, or at the initiative of the
Government.
An extraordinary session of the
National Assembly convening upon the request of
the majority of the total number of Deputies
shall be held in accordance with the agenda and
timetable of the Deputies requesting the
session.
An extraordinary session may not
last for more than six days.
An
extraordinary sitting of the National Assembly
may be convened by its President, upon the
initiative of the Government or of at least one
third of the total number of Deputies..
Extraordinary sittings shall follow the
agenda and timetable specified by the requesting
party.
Article 71
Laws
and resolutions of the National Assembly shall
be passed by the majority vote of the Deputies
present at a given sitting, if more than half of
the total number of Deputies participate in the
voting, except for cases covered under 57,
58, 59, 72,
74, 84, 111 of the
Constitution, and paragraph 4 of 75 the first
paragraph of 79 and Section
3 of 83 of the
Constitution.
Article
72
The
National Assembly shall deliberate on a priority
basis any law which has been remanded by the
President.
Should the National Assembly
decline to accept the recommendations and
objections presented by the President of the
Republic, it shall pass the remanded law, again
with a majority vote of the number of
Deputies.
Article 73
There
shall be six standing committees established in
the National Assembly. Ad hoc committees may be
established as necessary.
The standing
committees are established for the preliminary
consideration of draft legislation and other
proposals and for the submission of findings on
such legislation an-d proposals to the National
Assembly.
Ad hoc committees are established
for the preliminary consideration of special
draft legislation or for the submission of
findings and reports on specific events and
facts to the National Assembly.
Article 74
Within twenty days of the
formation of a newly elected National Assembly
or of its own formation, the Government shall
present its program to the National Assembly for
its approval, thus raising the question of a
vote of confidence before the National Assembly.
A draft resolution expressing a vote of no
confidence toward the Government may be proposed
within twenty four hours of the Government's
raising of the question of the vote of
confidence by not less than one third of the
total number of Deputies.
The proposal for a
vote of no confidence shall be voted on no
sooner than forty eight hours and no later than
seventy two hours from its initial submittal.
The proposal must be passed by a majority vote
of the total number of Deputies.
If a vote
of no confidence toward the Government is not
proposed, or such proposal is not passed, the
Government's program shall be considered to have
been approved by the National Assembly.
If a
vote of no confidence is passed, the Prime
Minister shall submit the resignation of the
Government to the President of the
Republic.
Article
75
The
right to initiate legislation in the National
Assembly shall belong to the Deputies and the
Government.
The Government shall stipulate
the sequence for debate of its proposed draft
legislation and may request that they be voted
on only with amendments acceptable to it.
Any draft legislation which is considered
urgent by a Government resolution shall be
debated and voted on by the National Assembly
within a one month period.
The National
Assembly shall consider all draft legislation
reducing state revenues or increasing state
expenditures only upon the agreement of the
Government and shall pass such legislation by a
majority vote of the total number of Deputies.
The Government may raise the question of a
vote of confidence in conjunction with its
proposed legislation. If the National Assembly
does not adopt a vote of no confidence against
the Government as provided by Article 74 of the
Constitution, then the Government's proposed
legislation will be considered to have been
adopted.
The Government may not raise the
issue of a vote of confidence in conjunction
with a proposed legislation more than twice
during any single session.
Article 76
The National Assembly shall
adopt the state budget upon its submittal by the
Government. If the budget is not adopted by the
start of the fiscal year, all expenditures shall
be incurred in the same proportions as in the
previous year's budget.
The procedure for
debate on and adoption of the state budget shall
be prescribed by law.
Article 77
The National Assembly shall
supervise the implementation of the state
budget, as well as of the use of loans and
credits received from foreign governments and
international organizations.
The National
Assembly shall examine the annual report on
the realization of the state budget and
adopt the report based on the findings of the
National Assembly's Oversight Office.
Article 78
In order to ensure the
legislative basis of the Government's program,
the National Assembly may authorize the
Government to adopt resolutions that have the
effect of law that do not contravene any laws
are in force during a period specified by the
National Assembly. Such resolutions must be
signed by the President of the
Republic.
Article 79
The
National Assembly shall elect its President for
the duration of its full term by a majority vote
of the total number of Deputies.
The
President of the National Assembly shall chair
the sittings, manage its material and financial
resources, and shall ensure its normal
functioning.
The National Assembly shall
elect two Vice Presidents of the National
Assembly.
Article
80
Deputies are entitled to ask
questions to the Government. For one sitting
each week during the regular sessions of the
Assembly, the Prime Minister and the members of
the Government shall answer questions raised by
the Deputies.
The National Assembly shall
not pass any resolutions in conjunction with the
questions raised by the Deputies.
Article 81
Upon the recommendation of the
President of the Republic, the National
Assembly:
I) may declare an amnesty;
2)
shall ratify or revoke the international
treaties signed by the Republic of Armenia. The
range of international agreements which are
subject to ratification by the National Assembly
shall be prescribed by law;
3) may declare
war.
The National Assembly, upon the
determination of the Constitutional Court, may
suspend the execution of the provisions of
Sections 13 and 14 of Article 55 of the
Constitution.
Article 82
The
National Assembly, upon the recommendation of
the Government, shall determine the
administrative-territorial divisions of the
Republic.
Article 83
The
National Assembly:
I) shall appoint the
Chairman of the Central Bank upon the
recommendation of the President of the Republic;
2) shall appoint the Chairman of the
National Assembly's Oversight Office upon the
recommendation of the President of the National
Assembly and members and the President of the
Constitutional Court from among the members of
the Court.
If within thirty days of the
formation of the Constitutional Court the
National Assembly fails to appoint the President
of the Constitutional Court, the President of
the Constitutional Court shall then be appointed
by the President of the Republic;
3) may,
upon the determination of the Constitutional
Court, terminate the powers of a member of the
Constitutional Court the Assembly has appointed,
approve such member's arrest, and authorize the
initiation of administrative or criminal
proceedings against such member through the
judicial process.
Article 84
The
National Assembly may adopt a vote of no
confidence toward the Government by a majority
vote of the total number of Deputies. The
National Assembly may not exercise this right in
situations of martial law or under circumstances
provided by Section 14 of Article 55> of the
Constitution. |
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| The Government
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Article 85
Executive power in the Republic
of Armenia
shall be vested in the Government
of the Republic of Armenia.
The Government
shall be composed of the Prime Minister and the
Ministers. The powers of the Government shall be
determined by the Constitution and by laws.
The organization and rules of operation of
the Government shall be determined by a decree
of the President of the Republic, upon the
recommendation of the Prime Minister.
Article 86
The meetings of the Government
shall be chaired by the President of the
Republic, or upon his or her recommendation, by
the Prime Minister.
Government decisions
shall be signed by the Prime Minister and
approved by the President.
The Prime
Minister shall convene and chair a Government
meeting when requested by the majority of
Government members under the circumstances
foreseen in Article 59 of the
Constitution.
Article 87
The Prime Minister shall oversee the Government's
regular activities and shall coordinate the work
of the Ministers.
The Prime Minister may
adopt resolutions. In cases prescribed by the
rules of operations of the Government,
resolutions approved by the Prime Minister may
also be signed by the Minister responsible for
the implementation of the resolution.
Article 88
A member of the Government may
not be a member of any representative body, hold
any other public office, or engage in any other
paid occupation.
Article 89
The Government:
1) shall submit its program to
the National Assembly for approval in accordance
with
Article 74 of the Constitution;
2)
shall submit the draft state budget to the
National Assembly for approval, guarantee the
implementation of the budget and submit
financial reports on the budget to the National
Assembly;
3) shall manage state property;
4) shall ensure the implementation of
unified state policies in the areas of finances,
economy, taxation and loans and credits;
5)
shall ensure the implementation of state
policies in the areas of science, education,
culture, health, social security and
environmental protection;
6) shall ensure
the implementation of the defense, national
security and foreign policies of the Republic;
7) shall take measures toward the
strengthening of legality, the protection of the
rights and freedoms of citizens, and the
protection of property and public
order.
Article 90
The
Government shall submit the proposed state
budget to the National Assembly at least sixty
days prior to the beginning of the fiscal year
and may request that this proposal, with any
amendments, it may adopt, be voted on prior to
the expiration of the budget deadline. The
Government may raise the question of a vote of
confidence in conjunction with the adoption of
the state budget. If a vote of no confidence is
not adopted by the National Assembly, as
provided under Article 74 of the
Constitution, then the state budget and related
amendments approved by the Government shall be
considered adopted.
In case of a vote of no
confidence related to the proposed state budget,
the new Government shall present the National
Assembly with a draft state budget within a
period of twenty days. This draft shall be
debated and voted on by the National Assembly
within a period of thirty days in accordance
with the procedure determined by this
Article. |
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| Judicial Power |
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Article
91
In the
Republic of Armenia justice shall be
administered solely by the courts in accordance
with the Constitution and the laws.
In cases
prescribed by law, trials are held with the
participation of a jury.
Article 92
The Courts of general
jurisdiction in the Republic of Armenia shall be
the courts of first instance, the review courts
and the court of appeals.
In the Republic of
Armenia, there shall also be economic, military
and other courts as may be provided by law.
The establishment of extraordinary courts is
prohibited.
Article
93
Sentences, verdicts and
decisions entered into legal force may be
reviewed by the court of appeals based on
appeals filed by the Prosecutor General, his or
her deputies, or specially licensed lawyers
registered with the court of appeals.
Article
94
The President of the Republic
shall be the guarantor of the independence of
the judicial bodies. He or she shall preside
over the Judicial Council.
The Minister of
Justice and the Prosecutor General shall be the
vice presidents of the Council.
The Council
shall include fourteen members appointed by the
President of the Republic for a period of five
years, including two legal scholars, nine judges
and three prosecutors.
Three Council members
shall be appointed each from among the judges of
the courts of first instance, the courts of
review and the court of appeals. The general
assembly of judges shall submit three candidates
by secret ballot for each seat allocated to
judges.
The Prosecutor General shall submit
the names of candidates for the prosecutors'
seats in the Council.
Article 95
The Judicial Council:
I)
shall, upon the recommendation of the Minister
of Justice, draft and submit for the approval of
the President of the Republic the annual list of
judges, in view of their competence and
professional advancement, which shall be used as
the basis for appointments.
2) shall, upon
the recommendation of the Prosecutor General,
draft and submit for the approval of the
President of the Republic the annual list of
prosecutors, in view of their competence and
professional advancement, which shall be used as
the basis for appointments.
3) shall propose
candidates for the presidency of the court of
appeals, the presidency and judgeship positions
of its chambers, the presidency of the courts of
review, courts of first instance and other
courts. It shall make recommendations about the
other judicial candidates proposed by the
Ministry of Justice;
4) shall make
recommendations regarding the candidates for
Deputy Prosecutor proposed by the Prosecutor
General, and the candidates for prosecutors
heading operational divisions in the Office of
the Prosecutor.
5) shall make
recommendations regarding training programs for
judges and prosecutors;
6) shall make
recommendations regarding the removal from
office of a judge, the arrest of a judge, and
the initiation of administrative or criminal
proceedings through the judicial process against
a judge;
7) shall take disciplinary action
against judges. The president of the court of
appeals shall chair the meetings of the Judicial
Council when the Council is considering
disciplinary action against a judge. The
President of the Republic, the Minister of
Justice and the Prosecutor General shall not
take part in these meetings;
8) shall
express its opinion on issues of pardons when
requested by the President of the Republic.
The operational procedures of the Judicial
Council shall be prescribed by law.
Article 96
Judges and members of the
Constitutional Court are appointed for life. A
judge may hold office until the age of 65, while
a member of the Constitutional Court may do so
until the age of 70. They may be removed from
office only in accordance with the Constitution
and the laws.
Article 97
When
administering justice, judges and members of the
Constitutional Court shall be independent and
may only be subject to the law.
The
guarantees for the exercise of their duties and
the grounds and procedures of the legal
responsibility applicable to judges and members
of the Constitutional Court shall be prescribed
by law.
Article
98
Judges
and members of the Constitutional Court may not
hold any other public office, nor engage in any
other paid occupation, except for scientific,
educational and creative work.
Judges and
members of the Constitutional Court may not be
members of any political party nor engage in any
political activity.
Article
99
The
Constitutional Court shall be composed of nine
members, five of whom shall be appointed by the
National Assembly and four by the President of
the Republic.
Article 100
The
Constitutional Court, in accordance with the
law:
I) shall decide on whether the laws,
the resolutions of the National Assembly, the
orders and decrees of the President of the
Republic and the resolutions of Government are
in conformity with the Constitution;
2)
shall decide, prior to the ratification of an
international treaty, whether the obligations
assumed therein are in conformity with the
Constitution;
3) shall rule on disputes
concerning referenda and the results of
presidential and parliamentary elections;
4)
shall ascertain the existence of insurmountable
obstacles facing a presidential candidate or the
elimination of such obstacles;
5) shall
determine whether there are grounds for the
removal of the President of the Republic;
6)
shall determine whether there are grounds for
the application of Sections 13 and 14 of Article 55 of the
Constitution;
7) shall determine whether the
President of the Republic is incapable of
continuing to perform his or her functions;
8) shall determine whether there are grounds
for the removal of a member of the
Constitutional Court, his or her arrest or
initiation of administrative or criminal
proceedings through the judicial process:
9)
shall decide on the suspension or prohibition of
a political party in cases prescribed by
law.
Article
101
The
Constitutional Court may hear cases submitted
by:
1) the President of the Republic;
2)
at least one third of the Deputies;
3)
Presidential and parliamentary candidates on
disputes concerning election results;
4) the
Government in cases prescribed by Article 59 of the
Constitution.
The Constitutional Court shall
only hear cases that have been properly
submitted.
Article
102
The
Constitutional Court shall render its decisions
and findings no later than thirty days after a
case has been filed.
The decisions of the
Constitutional Court shall be final, may not be
subject to review and shall enter into legal
force upon their publication.
The
Constitutional Court shall decide with a
majority vote of its total number of members on
matters pertaining to Sections I through 4 of Article 100 of the
Constitution, and with a vote of two thirds of
its members on matters pertaining to Sections 5
through 9 of Article 100
Article
103
The Office of the Prosecutor
General in the Republic of Armenia represents a
unified, centralized system, headed by the
Prosecutor General.
The Office of the
Prosecutor General:
I) shall initiate
criminal prosecutions in cases prescribed by law
and in accordance with procedures provided by
law;
2) shall oversee the legality of
preliminary inquiries and investigations;
3)
shall present the case for the prosecution in
court;
4) shall bring actions in court to
defend the interests of the state;
5) shall
appeal the judgments, verdicts and decisions of
the courts:
6) shall oversee the execution
of sentences and other sanctions.
The Office
of the Prosecutor General shall operate within
the powers granted to it by the Constitution and
on the basis of the law on the Office of the
Prosecution. |
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| Territorial Administration And Local Self-Government |
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Article 104
The
administrative territorial units of the Republic
of Armenia shall be the provinces and districts.
Provinces shall include urban and rural
districts.
Article 105
Districts shall have local
self-government.
To manage the property of
the district and to solve problems of local
significance, self governing local bodies shall
be elected for a period of three years: a
Council of Elders, composed of five to fifteen
members, and a District Administrator: a City
Mayor or Village Mayor.
The District
Administrator shall organize his or her
staff.
Article 106
The District Council of Elders, upon the
recommendation of the District Administrator,
shall approve the district budget, oversee the
implementation of the budget, and determine
local taxes and fees as prescribed by
law.
Article 107
The provinces shall be governed by the state
Government.
The Government shall appoint and
remove the Governors of the provinces, who shall
implement the Government's regional policy and
coordinate the regional activities of republican
executive bodies.
Article 108
The City of Yerevan shall also be considered a
province.
The President of the Republic,
upon the recommendation of the Prime Minister,
shall appoint and remove the Mayor of Yerevan.
Local self-government shall be instituted in
Yerevan through neighborhood
districts.
Article 109
In
cases prescribed by law, the Government may
remove the Administrator of a district upon the
recommendation of the Governor of the Province.
When the Administrator of a district is
removed by the decision of the Government,
special elections shall be held within a period
of thirty days. Until such time as the newly
elected District Administrator may take office,
an Acting District Administrator shall be
appointed by the Prime Minister for urban
districts and by the Governor for rural
districts.
Article 110
The
election procedure of local self-governing
bodies and their powers shall be determined by
the Constitution and the laws. |
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| Adoption Of The Constitution, Amendments And Referendum |
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Article 111
The
Constitution shall be adopted or amended by
referendum which may be initiated by the
President of the Republic or the National
Assembly.
The President of the Republic
shall call a referendum upon the request or
agreement of the majority of the Deputies of the
National Assembly.
The President of the
Republic may remand the Draft Constitution or
the draft of constitutional amendments, within
twenty one days following their submittal back
to the National Assembly, with his or her
objections and suggestions, requesting a
reexamination.
The President of the Republic
will submit to a referendum within the period
prescribed by the National Assembly a draft
Constitution or draft constitutional amendments,
when they are reintroduced by at least two
thirds of the total number of Deputies of the
National Assembly.
Article 112
Laws
may be submitted to a referendum upon the
request of the National Assembly or the
Government in accordance with Article 111 of the
Constitution.
Laws passed by referendum may
only be amended by referendum.
Article 113
A proposed legislation
submitted to a referendum shall be considered to
have been passed if it receives more than fifty
percent of the votes, but not less than one
third of the number of registered
voters.
Article 114
Articles 1, 2 and114 of the Constitution may
not be amended.
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| Provisions For The Transitional
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Article
115
Referendum results and upon
its publication.
Article 116
From
the moment the Constitution enters into
force:
1) The 1978 Constitution, its
subsequent amendments and supplements, as well
as related constitutional laws shall become
inoperative;
2) Laws and other legal acts of
the Republic of Armenia shall have the force of
law to the extent they do not contravene this
Constitution;
3) The President of the
Republic shall exercise the powers reserved to
him or her by the Constitution. Until the
expiration of his powers, the Vice-President of
the Republic shall carry out the instructions of
the President of the Republic;
4) The
National Assembly shall exercise the powers
reserved to it by the Constitution. The
provisions of Section I of Article 63, Article 64 and Section
I of Article 65 of the
Constitution shall apply to the sessions of the
next National Assembly. Until that time,
Articles 4 and 5 of the Constitutional Law dated
March 27, 1995, shall be effective;
5) Until
the formation of the Constitutional Court,
international treaties shall be ratified without
its determination;
6) Until the adoption of
legislation pertaining to regional governments
and local self-governing bodies in conformity
with the Constitution, current village, town,
city and regional councils of deputies and their
executive bodies shall continue to exercise
their powers as prescribed by law.
Until
legislation on territorial government and local
self-government is adopted, the right to adopt a
vote of no confidence toward the chairmen of
deputies to the city and regional councils
belongs to the National Assembly;
7) Until
the adoption of legislation pertaining to court
systems and procedures and the establishment of
the new judicial system in conformance with the
Constitution, the regional (city) people's
courts and the Supreme Court shall continue to
operate in accordance with their previous
authorities;
8) Until the establishment of
economic courts, the State Arbitrage shall
continue to operate in accordance to their
previous prerogatives;
9) The authority of
the judges of the regional (city) people's court
shall be extended for a maximum period of six
months, during which the President of the
Republic, upon the recommendation of the
Judicial Council, shall appoint new judges for
these courts for a period of three years;
10) The authority of the members of the
Supreme Court shall be extended until the
establishment of the court of appeals, but not
for a period to exceed three years;
11)
Until the institution of the new judicial
system, the Judicial Council shall consist of
eleven members appointed by the President of the
Republic, composed of two legal scholars, six
judges and three public prosecutors. Three
Council members shall be appointed from among
the judges of the regional (city) people's
courts and three from the Supreme Court, in
accordance with the provisions of Article 94 of
the Constitution.
The Council shall be
headed by the President of the Republic. The
Minister of Justice and the Prosecutor General
shall serve as its Council's Vice Presidents.
The Judicial Council shall exercise the
powers reserved to it by the Constitution;
12) Until the passage of the law on the
Office of the Persecutor General, the latter
shall exercise the powers reserved for to it by
the Constitution in accordance with current
legislation;
13) The Supreme Court shall
review court verdicts, judgments and decisions
which have the force of law, when these are
appealed by the Prosecutor General, his or her
deputies and specially licensed lawyers
registered with the Supreme Court;
14) Until
the Criminal Code is made to conform with the
Constitution, current procedures for searches
and arrests shall remain in effect.
Article 117
The day the Constitution is
adopted shall be proclaimed a holiday known as
Constitution Day. |
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The Foundations of Constitutional Order
