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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 will being and civic harmony
of future generations, Declaring their faithfulness to universal
values, Hereby adopts the Constitution of the Republic of Armenia.
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| CHAPTER
1- 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 3 The 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Unpublished juridical acts pertaining to human rights, freedoms,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 Armenian.
Article 13 The flag of the Republic of Armenia
is tricolor made of three horizontal and equal stripes 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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CHAPTER 2- Fundamental
Human and Civil Rights and Freedoms |
Article 14 The procedures for acquiring and
terminating citizenship of the Republic of Armenia are determined
by law. Individuals of Armenian origin 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 marriage,
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,
24, 25, 26,27
of 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, 42,
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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| CHAPTER
3- 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 5l 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:
- shall address the people and the National
Assembly;
- 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;
- 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;
- 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;
- shall make appointments to civilian positions
in cases prescribed by law;
- may establish advisory bodies;
- 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;
- 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;
- shall appoint and remove the Prosecutor General
upon the recommendation of the Prime Minister;
- 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;
- 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.
- is the Commander in Chief of the armed forces
and shall appoint the staff of the highest command of the armed
forces;
- 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;
- 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;
- shall grant citizenship of the Republic of
Armenia and decide on the granting of political asylum;
- shall award the orders and medals of the
Republic of Armenia and grant the highest military and honorary
titles and diplomatic and other titles;
- 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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| CHAPTER
4- 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 election, 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 Articles
57, 58, 59,
72, 74, 84,
111 of the Constitution, and paragraph
4 of Article 75, the first paragraph of
Article 79, and Section
3 of Article 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 and 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:
- may declare an amnesty;
- 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;
- 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:
- shall appoint the Chairman of the Central
Bank upon the recommendation of the President of the Republic;
- 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;
- 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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| CHAPTER
5- 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:
- shall submit its program to the National
Assembly for approval in accordance with Article 74 of the Constitution;
- 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;
- shall manage state property;
- shall ensure the implementation of unified
state policies in the areas of finances, economy, taxation and
loans and credits;
- shall ensure the implementation of state
policies in the areas of science, education, culture, health,
social security and environmental protection;
- shall ensure the implementation of the defense,
national security and foreign policies of the Republic;
- 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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| CHAPTER
6- 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:
- 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;
- 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;
- 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;
- 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;
- shall make recommendations regarding training
programs for judges and prosecutors;
- 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;
- 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;
- 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:
- 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;
- shall decide, prior to the ratification of
an international treaty, whether the obligations assumed therein
are in conformity with the Constitution;
- shall rule on disputes concerning referenda
and the results of presidential and parliamentary elections;
- shall ascertain the existence of insurmountable
obstacles facing a presidential candidate or the elimination of
such obstacles;
- shall determine whether
there are grounds for the removal of the President of the Republic;
- shall determine whether there are grounds
for the application of Sections 13 and 14
of Article 55 of the Constitution;
- shall determine whether the President of
the Republic is incapable of continuing to perform his or her
functions;
- 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;
- 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:
- the President of the Republic;
- at least one third of the Deputies;
- Presidential and parliamentary candidates
on disputes concerning election results;
- 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:
- shall initiate criminal prosecutions in cases
prescribed by law and in accordance with procedures provided by
law;
- shall oversee the legality of preliminary
inquiries and investigations;
- shall present the case for the prosecution
in court;
- shall bring actions in court to defend the
interests of the state;
- shall appeal the judgments, verdicts and
decisions of the courts:
- 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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| CHAPTER
7- 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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| CHAPTER
8- 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 and 114 of the Constitution may not be
amended.
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| CHAPTER
9- Provisions
For The Transitional Period |
 |
Article 115 This Constitution shall enter
into force based on the referendum results and upon its publication.
Article 116 From the moment the Constitution
enters into force:
- 1978 Constitution, its subsequent amendments
and supplements, as well as related constitutional laws shall
become inoperative.
- 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. The
- 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
- 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.
- Until the formation of the Constitutional
Court, international treaties shall be ratified without its determination.
- 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.
- 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.
- Until the establishment of economic courts,
the State Arbitrage shall continue to operate in accordance to
their previous prerogatives.
- 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.
- 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.
- 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.
- Until the passage of the law on the Office
of the Persecutor General, the latter shall exercise the powers
reserved for it by the Constitution in accordance with current
legislation.
- 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.
- 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. 5th
of July, 1995
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