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Strasbourg, 18 February
2003
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CDL (2003) 11
English only
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Opinion No. 197/2002
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EUROPEAN COMMISSION
FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
law on parties
of the republic of Armenia
aDOPTED oN 3 July 2002
AND
APPENDIX:
AMENDMENTS TO
THE LAW ON PARTIES
OF THE
REPUBLIC OF ARMENIA
ADOPTED ON 4
DECEMBER 2002
THE LAW OF THE
REPUBLIC OF ARMENIA ON PARTIES
This Law regulates relations connected with exercising of the
right of citizens to join into parties, to establish parties, their legal
status, activity, reorganization, and liquidation.
The
citizens of the Republic of Armenia exercise the right to join into parties
freely, in accordance with their persuasions, through establishing parties on
voluntary basis, on condition of adopting and recognizing their programs and
charters, joining their membership, participating in their activity in
conformity with program goals of parties and pursuant to the procedure defined
by the charter, as well as freely leaving the party.
1.
The party is a public union formed on the basis of individual
membership of citizens of the Republic of Armenia, the aim of the activity of
which is to participate in the political life of the society and the state.
2.
The tasks and objectives of the party are reflected in its Charter
and program, which are published through the means of mass media.
3.
A
union shall not be recognized as a
party, if its Charter:
1) allows membership of foreign citizens, citizens lacking
citizenship, with the exception of cases envisaged by this Law, as well as
membership of foreign and international organizations;
2) envisages membership solely by professional, national,
racial or religious characteristics;
3) envisages membership of such persons,
who should not be a member of a party in conformity of this Law.
The
procedure for formation of parties, their activity, reorganization,
liquidation, and prohibition of activity, as well as their legal status is
established by the Constitution of the Republic of Armenia, this Law, and other
statutes.
1.
The
party shall have not less than 200 members.
The party shall have separated divisions in at least one-third of the
regions (Marzes) of the Republic of Armenia, including Yerevan. In addition to the specified subdivisions,
the party shall have the right to form, in conformity with the procedure
established by this Law and its Charter, other structural subdivisions.
2.
Party
organizations and their structural subdivisions shall be formed and operated
solely by the territorial characteristic. The formation and the activity of
structural subdivisions of parties in state and local self-governing bodies,
armed forces of the Republic of Armenia, law enforcement bodies, pre-school,
school, educational institutions and other organizations is prohibited.
3.
The management bodies of the party and its structural subdivisions
may be located solely in the territory of the Republic of Armenia. In other states the party may have
representation only.
1.
The name of the party shall contain the word “party.”
2.
The name of the party and its abbreviation shall differ from names
of already functioning parties and other public unions, as well as names of
parties prohibited in conformity with the procedure established by Article 30
of this Law during the five years preceding the registration of the given
party.
3.
The full or the short name of the prominent person may be used in
the name of the party solely in case of a written consent of such person, and
in case when such person is diseased – upon the written consent of his/her
heir. If the prominent person or
his/her heir finds that the activity of the party damages the reputation of the
prominent person, he/she may file a claim with the court requesting to deprive
the party of the right to use the name of the person in the name of the party.
4.
It shall be unlawful to use the names of the state and local
self-governing bodies in the name of the party.
1.
Parties may have an emblem and other symbols, the accurate
description of which shall be provided in the Charter of the Party. The emblem and other symbols of the party
may not coincide with flags and coat of arms of the Republic of Armenia and
other foreign states. Other persons and
organizations shall not use the emblem and other symbols of the party.
2.
Emblems and other symbols of functioning parties and other public
unions, as well as organizations or parties prohibited in the territory of the
Republic of Armenia may not be used as the emblem and other symbols of the
party.
3.
The emblem and other symbols of the party shall not violate
intellectual property right of citizens and legal persons, including their
right to names of goods and places of their origin. It is prohibited to use such emblem and/or symbols, which distort
coat of arms of the Republic of Armenia and other states, offend spiritual,
racial, national feelings of people, violate generally known norms of moral.
1.
Parties
are equal before the law regardless of the ideology, objectives, and tasks
reflected in their program documents.
2.
The
activity of parties is based on voluntary, self-governing, legal equality,
legality, and publicity principles. Parties
are free to decide on their internal structure, aims, ways, methods, and forms
of their activity, with the exception of cases envisaged by this Law.
3.
Parties
are subject to state registration in conformity with the procedure set forth by
this Law. Territorial structural
subdivisions of parties are not subject of state registration.
4.
Parties
function publicly, their founding and program documents are published for
general awareness.
5.
The
supreme body of the party is the Meeting (meeting, assembly, congress,
conference, etc.), that shall have the right to issue decision on final
solution of any matter related to the activity of the party.
Formation
and activity of such parties, whose aims or activity are directed at violent
overthrow of Constitutional order of the Republic of Armenia and territorial
integrity of the Republic of Armenia, impairment of grounds of independence,
formation of armed units, instigation of national, racial and religious hatred,
incitement to violence and war, is prohibited.
1.
Party members holding positions in the state and local
self-governing bodies of the Republic of Armenia do not have right to use their
official position in favor of party interests.
When performing their official duties the mentioned persons are not
constrained by party decisions.
2.
The following persons cannot be party members:
1)
judges;
2)
prosecutors;
3)
employees of the National Security, the police and other law enforcement
bodies of the Republic of Armenia;
4)
servicemen of armed forces of the Republic of Armenia and other
military units.
1. The party is established freely, by the decision of
the Founding Conference of its members.
2. The
party is established at the Founding Conference, during which, decisions on the
establishment of the party, adoption of its program, approval of the Charter,
formation of management and supervision performing bodies
are adopted.
3. The
legal capacity of the party as a legal person arises on the date of its state
registration.
4. The
founders of the party are the delegates of its Founding Conference, who are
deemed party members upon adopting the decision on the establishment of the
party.
1.
Within
at least one month prior to the Founding Conference the founders shall publish
through the means of mass media the venue and the hour of holding the Founding
Conference of the party, as well as the main provisions of the drafts of the
party Charter and the program.
2.
The
Founding Conference is competent if delegates from at least the two-third of
the Regions of the Republic of Armenia are present (registered) at the
conference.
3.
Decisions on establishing the party, approval of Charter, adoption
of program, formation of management and supervision performing bodies are
adopted by the majority of votes of the total number of delegates of the
Conference.
1.
The state registration of the party is performed by the state
authorized body.
2.
The document evidencing the fact of the state registration is the
relevant record made in the state register of legal entities and the
certificate of state registration attesting the record.
3.
For the state registration of the party the following are
submitted to the authorized body:
1)
excerpt from the minutes(protocol) of the founding conference,
which shall include data on the establishment of the party, territorial
coverage, approval of its Charter and program documents, person(s) authorized
for state registration, formation of management and supervision performing
bodies;
2)
the list of the Founders of the party, signed by the authorized
person(s);
3)
the bound and paginated Charter and Program of the party, signed
by the authorized person(s);
4)
the application to the registering body signed by members of
permanently functioning body of the party, which shall include passport data
and notice on residence place of each of the signatory;
5)
the location of the party;
6)
the copy of the periodical printed media, where the venue and the
hour of holding of the Founding Conference has been published;
7)
the document attesting the payment of the registration fee.
4.
Documents envisaged by Clause 3 of this Article shall be submitted
for state registration not later than within three months after the date of
holding of the Founding Conference.
5.
In case of submitting the documents envisaged by Clause 3 of this
Article, within one-month period, the state authorized body issues to the party
the state registration certificate with no term limitation (permanent), in
which the date of issuance of the certificate is specified as the date of the
state registration of the party.
6.
Registration of amendments to and restatements in the Charter
and/or the Program of the party is not deemed re-registration of the party and
shall not serve basis for recognizing the registration certificate invalid.
1.
The state registration of the party may be rejected if the
provisions of the Charter of the Party contradict to the Constitution and the
laws of the Republic of Armenia.
2.
The decision of the state registration body on rejection of the
state registration of the party shall be in writing and substantiated. The
decision shall contain the statement of such provisions of the Constitution of
the Republic of Armenia and/or statutes, which have been violated in the
submitted documents.
3.
Rejection of state registration of the party may be appealed by
court order. Rejection of state registration is not an obstacle for repeated
submission of documents, if basis for rejection have been eliminated. The
registering body discusses the repeated application and makes a decision in
regard to it in the procedure and within time period envisages for registration
of parties by this Law.
4.
If the registering body fails to register or reject the
registration of the party within the established period, then the party shall
be deemed registered.
1.
The party, its separated and other territorial subdivisions
operate on the basis of and in conformity with the Charter of the Party.
2.
The following shall be defined in the Charter:
1)
the name, including also the abbreviated name, as well as the
description of the emblem and symbols (if available);
2)
tasks and objectives;
3)
rights and responsibilities of the members,
conditions and the procedure of joining and losing the membership;
4)
the structure of and the procedures for creation and liquidation
of territorial subdivisions;
5)
procedures for formation of separated management and supervisory
bodies of subdivisions, powers and their service periods, the location of the
management bodies;
6)
the procedure for formation of the management body inferior and
reportable solely to the supreme body of the party;
7)
the procedure for relations between the permanently functioning
body and the territorial subdivisions;
8)
the procedure on making amendments to and restatements in the
Charter;
9)
sources of acquisition of cash means and property, and property
management rights of territorial subdivisions of the party;
10)
the liquidation procedure.
The Charter of the party may also contain other provisions
concerning its activity.
3.
Amendments to and restatements in the Charter of the party are
subject to registration with state authorized body, within terms established
for registration of parties by this Law.
1.
The party shall have a program, which specifies the basic
principles, objectives, and tasks of its activity, as well as ways and forms of
achieving such objectives and methods and means of fulfilling the tasks.
2.
Amendments to and restatements in the Program of the party shall
be submitted to the authorized state registration body, within one-month
period.
1.
Membership to the party is voluntary and individual.
2.
Citizens of the Republic of Armenia Members having attained the
age of eighteen may become party members. Other persons vested with the voting
right in the Republic of Armenia may join the membership of the party without
the right of being elected in the management and supervision performing bodies.
3.
The citizen of the Republic of Armenia may simultaneously become
the member of one party only.
4.
Membership to the party is performed in the procedure established
by this Law and the Charter of the party.
5.
Members of the party participate in its activity in the procedure
prescribed by this Law and the Charter of the Party.
6.
Members of the party have the right to elect and be elected in
permanently functioning management and supervision performing bodies of the
party and its territorial subdivisions, to receive information about the
activity of the party and its management bodies, to exercise the control over
their activity, as well as to appeal, in the procedure defined by the Charter,
decisions of the mentioned bodies, with the exception of cases envisaged by
this Law.
7.
Members of the party, in conformity with the requirements of the
Charter, have rights and responsibilities.
In case of failure to perform their statutory responsibilities members
may be subjected to disciplinary liability in the procedure envisaged by the
Charter, right up to the dismissal from the party.
8.
In the official documents the note on information about party
affiliation is not mandatory.
9.
Joining or not joining the membership of the party by citizens is
not a basis for limitation of their rights and freedoms and/or granting to them
of any privilege or advantage by the state.
1.
The supreme management body of the party is the Conference of the
party, which is called at least once in two years by permanently functioning
management body of the party. The
Conference of the party shall elect bodies defined by the Charter of the party,
which shall be reportable to the Conference.
2.
In accordance with the Charter of the party, the permanently functioning
management body of the party exercises in the name of the party powers reserved
to it as a legal entity.
1.
The Conference of the party is competent, if at least the two-third
of the total number of delegates to the Conference is present (registered) at
the Conference.
2.
Decisions on adoption of the Charter and the Program of the party,
making amendments and restatements thereto, reorganization, self-liquidation,
as well as nomination of a candidate to the President of the Republic are
adopted by the majority of votes of the total number of delegates of the
Conference.
3.
Decisions of the Conference of the Party, other than cases
envisaged by this Law, are adopted by majority votes of delegates present
(registered) at the Conference.
4.
In the elections to the National Assembly, nomination of
candidates in the party list is made by the decision of the permanently
functioning management body of the party. Leaders of the separated subdivisions
participate in that session in the procedure established by the Charter.
1.
In conformity with the procedure established by the legislation,
the party has the right:
1)
to create, as well as to liquidate, separated subdivisions, in
accordance with its statutory objectives and tasks;
2)
to organize and hold meetings, demonstrations, rallies,
processions and other public political actions;
3)
to freely disseminate information about its activity, to propagate
its objectives and tasks;
4)
to participate in the elections of state and local self-governing
bodies, as well as in preparation and conduct of referendums;
5)
to perform initiatives on various issues of public life, to submit
recommendations to state and local self-governing bodies on any matter related
to political, economic, social and cultural life of the public;
6)
to establish mass media means and publishing houses;
7)
to form alliances (unions) without establishing a legal entity with
other parties;
8)
to establish and maintain international connections and contacts
with foreign parties and unions, to join international unions and associations;
9)
to carry out other activity in compliance with its Charter.
The
party is the sole public union, which is entitled to nominate candidates in the
elections of the deputies to the National Assembly, elections of the President
of the Republic and heads and council members of local self-governing bodies.
The party is obliged:
a)
to meet the Constitution and the statutes of the Republic of
Armenia, as well as its Charter, Program and decisions;
b)
to publish, in printed media, a report on the use of property by
specifying the sources of formation of such property.
1.
The property of the party is generated from membership fees,
donations, activity performed in the established procedure and other sources
not prohibited by the Law.
2.
The owner of the property received by the Party, as well as the
property created and/or acquired at the account of its own means, is the Party.
The member of the party does not have a proprietary right to the party property
or its part, and does not bear responsibility for the liabilities of the
party. The party does not bear
responsible for liabilities of its members.
3.
Separated subdivisions of the party possess and use the property
allocated to them by the owner within the limits and in accordance with the
procedure envisaged by the Charter of the Party.
Cash means of the party are
formed from:
a)
membership fees, if such fees are envisaged by the Charter of the
Party;
b)
donations;
c)
budgetary financing made in conformity with the procedure
envisaged by this Law;
d)
civil-legal transactions and other entries not prohibited by the
legislation.
1.
Parties have the right to receive donations in the form of
property and cash means from physical persons, public unions and foundations,
and other legal entities.
2.
It is not allowed to receive donations from:
1)
charitable and religious organization, as well as organizations
that have founded them;
2)
state and local self-governing bodies, except for financing provided
by such bodies pursuant to Article 26 of this Law;
3)
institutions and organizations of state and local self-governing
bodies, as well as organizations founded with the participation of state and
local self-governing bodies;
4)
state administrative institutions;
5)
state non-commercial organizations;
6)
legal entities registered in six months prior to the date of
making the donation;
7)
foreign states, foreign citizens and legal entities, as well as
legal entities with foreign participation, if the share of the foreign
participant in the statutory (share, paid in ) capital of the given legal
entity is more than 25 per cent;
8)
international organizations and international public movements;
9)
anonymous persons.
3.
In case of receiving donations listed under sub-clauses (1) to (8)
of Clause 2 of this Article, the party shall return them to the donor within
two weeks from the date of receiving of the donation.
4.
In case of receiving donations listed under sub-clause (9), Clause
2 of this Article, the party shall transfer it to the state budget within two
weeks from the date of receiving of the donation.
5.
Physical persons making the donation are required to specify their
first name and surname, patrimonial name, residence place; and the legal
entities shall specify all data (requisites) required by the rules of non-cash
settlements between legal entities.
6.
The resident of the Republic of Armenia makes cash donations in
person through the bank, by presenting his/her passport or other document
substituting the passport.
State and local
self-governing bodies, pursuant to the procedure established by the law,
provide the following assistance to parties:
1)
ensure equal opportunity for parties to use means of mass media
established with their participation;
2)
provide, on equal conditions, to parties buildings, communication
means that belong to them, and reserve the preemptive right to use such means
to parties which have participated in allocation of mandates envisaged for
elections to National Assembly by proportional system;
3)
ensure equal opportunities for parties and their structural
subdivisions to conduct election campaign;
4)
finance the activity of parties in conformity with the procedure
established by Article 27 of this Law;
5)
ensure equal conditions for parties to carry out activity
measures.
1.
The state financing of parties is funded from the means of the
state budget of the Republic of Armenia.
For financing of parties the means from the state budget of the Republic
of Armenia are provided by a segregate budget item.
The total volume of party financing means envisaged by the state
budget of the Republic of Armenia shall not be less than the product of 0,03-fold
of the minimum salary established by the law and the total number of citizens
included in voting lists during the last elections to the National Assembly.
2.
State budget means are allocated to such party (party alliances),
whose voting list during the last elections to the National Assembly has
received at least 3 per cent of the sum of the total number of votes in favor
of voting lists of all parties that have participated in the elections and the
amount of inaccuracies.
3.
The size of means allocated from the state budget to each party
shall not be less than the product of 0,03-fold of the minimum salary
established by the law and the total number of votes in favor of the voting
list of the given party during the last elections to the National Assembly.
4.
The mentioned means are equally distributed among the parties
participating in the electoral alliance, if otherwise is not envisaged by the
decision of the electoral alliance of parties.
5.
From the date of adopting a decision on reorganization,
liquidation of the party, entering of the decision of the Constitutional Court
on prohibition of the party into legal force, or from the date of liquidation
of the party, the allocation of state budget means is stopped.
1.
The parties submit their
financial and accounting reports in conformity with the procedure and within
time periods defined for legal entities by the legislation.
2.
Every year not later than the
25th of March of the year following the reporting year, the party
shall submit to the state authorized body a financial report on the means
received and spent by the Party during the reporting year.
3.
The report on the means
received and spent by the party during the reporting year shall contain data on
sources and volumes of means entered into the account of the party, spending of
such means, as well as the property in possession and its value. The procedure for account and reporting
(including forms of report) are determined by the state authorized body.
Accounting of means spent by a party for preparation and conduct of election
campaigns is performed in segregate.
4.
Not later than the 25th
of March of the year following the reporting year, the party publishes its
financial report in the means of mass media.
5.
The oversight of the
financial activity of the party is performed in the procedure established by
the legislation.
6.
The source of a donation
received by the party the value of which exceeds the hundred-folds of the
minimum salary established by the law shall be specified in the financial
report of the party.
1.
The party may be reorganized (merged, united, divided, separated,
reorganized) solely into other party(s), by the decision of the Conference and
in conformity with the procedure established by Article 19.2 of this Law.
2.
In case of the reorganization of the party, its rights and
obligations are transferred, in accordance with the procedure established by
the legislation, to the legal successor party(s).
1.
The activity of the party may be prohibited by the decision of the
Constitutional Court.
2.
The President of the Republic of Armenia may bring the issue of prohibition
of the activity of the party to the Constitutional Court, on the grounds
envisaged by Article 9 of this Law.
1.
The party may terminate its activity by the decision of the
Conference of the party, in compliance with the procedure established by
Article 19.2 of this Law.
2.
The party is subject to liquidation, if it has not participated in
the two recent elections to the National Assembly, or at any of the recent two
elections to the National Assembly, its voting list has received less than one
per cent of the sum of the total number of votes in favor of voting lists of
all parties having participated in the elections and the amount of
inaccuracies.
3.
In case of prohibition of the activity of the party by the decision
of the Constitutional Court, the party shall be subject to liquidation.
4.
In case of liquidation of the party, title to property of the
party is transferred to the state.
The requirement of Article 31.2 of this Law shall apply to
the results of elections to the National Assembly occurred after the coming of
this Law into effect.
1.
This Law comes into force after three months from its official promulgation.
2.
From the date when this Law becomes effective, the Law of the
Republic of Armenia on “Public-Political Organizations” dated February 26, 1991
shall be deemed invalid.
3.
Within one year following the date of effectiveness of this Law,
parties (public-political organizations) established prior to the Law coming
into force, are required to bring the list of the founders of the party, the
territorial coverage and the Charter into consistency with the requirements of
the Law, and inform the state authorized body about it, or about the lack of
its necessity. Party, which fail to notify the authorized body within the
specified period, shall be subject to liquidation.
R. KOCHARYAN
THE PRESIDENT OF THE REPUBLIC OF ARMENIA
A P P E N D I X
THE LAW OF THE REPUBLIC OF ARMENIA ON PARTIES
MAKING AMENDMENTS TO AND RESTATEMENTS
IN THE LAW OF THE REPUBLIC OF ARMENIA ON
PARTIES
Adopted on 4 December 2002
Article 1. To delete the word “citizens” from Article 1 of the Law
of the Republic of Armenia on Parties (July 3, 2002, -410, hereinafter referred
to as the “Law”).
Article 2.
To restate Article 2 of the Law as follows:
“Article 2. The Right to Joint
into Parties
The right to joint into parties shall be
exercised freely, in accordance with the persuasions, through establishing
parties on voluntary basis, on condition of adopting and recognizing their
programs and charters, joining their membership, participating in their
activity in conformity with program goals of parties and pursuant to the
procedure defined by the charter, as well as freely leaving the party.”
Article 3. Article 3 of the Law:
1)
to
delete the words “citizens of the Republic of Armenia” from Article 3.1;
2)
to
substitute the word “citizens” with the word “persons” in Article 3.3(2).
Article 4. Article 5 of the Law:
1)
to add “and” after the word “Territorial” in the title of the
Article 5;
2)
to substitute the word “separate” with the word “regional/territorial”
in the second sentence of Article 3.1;
3)
to restate the third sentence of Article 3.1 as follows:
“The party has the right to form
structural subdivisions, in conformity with the procedure established by this
Law and its Charter.”
4)
to
substitute the words “organizations and their” with “territorial and” in the
first sentence of Article 5.2 of the Law;
5)
to
substitute the word “structural” with “territorial and structural” in the
second sentence of Article 5.2 of the Law.
Article 5. To add the words “and the abbreviated names of” after
the word “names” in Article 6.2 of the Law.
Article 6. To add “and” after the word “territorial” in Article 8.3
of the Law.
Article 7. Article 11 of the Law:
1)
to substitute the words “its members” with “its”, Article 11.1
of the Law; (suggested change of the pronoun in the Armenian test does not
affect the English text – Translator’s note):
2)
to recognize Article 11.4 invalid.
Article 8. To restate Article 12.1 of the Law as follows:
“Within
at least one month prior to holding of the Founding Conference, the organizers
of the Founding Conference shall publish through mass media information about
the venue and the hour of holding the Founding Conference of the party, as well
as main provisions of the Charter and the program of the party.”
Article 9. Article 13 of the Law:
1. Article 13.3 of the Law:
1)
to recognize Article 13.3-2 invalid;
2)
to substitute the words “permanently functioning” with the
words “permanently functioning management” in Article 13.3- 4;
3)
to substitute the word “venue” with “the address of the
location of the permanently functioning management body” in Article 13.3-5;
4)
to substitute the words “the venue and the hour” with
“information about the venue and the hour”, Article 13.3-6;
5)
to add the words “or reject the state registration of the
party” after the word “date” in Article 13.5.
Article 10. To restate Article 14.1 of
the Law as follows:
“The state registration of the
party may be rejected if the Charter of the Party or provisions of the Program
contradict to the Constitution and laws of the Republic of Armenia, or do not
comply with the state registration requirements set forth in this Law.”
Article 11. Article 15 of the Law:
1)
to
substitute the words “separated and other” with the words “territorial and” in
Article 15.1;
2)
to
substitute the word “separated” with the words “territorial and structural” in
Article 15.2-4 and 5;
3)
to
delete the words “venue of the management bodies” from Article 15.2-5;
4)
to
add the words “permanently functioning” after the word “reporting” in Article
15.2-6;
5)
to
add the words “and structural” after the word “territorial” in Article 15.2-8;
6)
to
substitute the words “Amendments to and restatements in the Charter of the
party are subject to registration with state authorized body, within terms
established for registration of parties by this Law” with the words “The state
registration of the amendments to and restatements shall be performed in
compliance with the procedure established for state registration of the party
by this Law”;
Article 12. To restate Article 16.2 of the Law as follows:
“The state registration of the amendments
to and restatements in the program of the party shall be performed in
compliance with the procedure established for state registration of the party
by this Law.”
Article 13.
Article 17 of the Law:
1)
To
substitute the words “the citizen of the Republic of Armenia” with the word
“each person” in Article 17.3 and to add the following new sentence: “Each
member of the party shall be registered solely with one subdivision of the
party.”
2)
To
add the words “and structural” after the word “territorial” and to substitute
the word “permanently” with the word “permanent” in Article 17.6
3)
To
restate Article 17.8 as follows: “In the official document the note on party
affiliation may be included solely in cases stipulated by the law.”
4)
To
restate Article 17.9 as follows: “Joining or not joining the membership of the
party shall not serve basis for limitation of the rights and freedoms of the
person and/or granting him/her of any privilege or advantage by the state.”
Article 14. To substitute the word “permanently” with the word
“permanent” in Article 18.1 and 2. (The proposed adverb-adjective change in
the Armenian text does not result in changes in the English text of the Law –
Translator’s note).
Article 15. To
recognize invalid Article 19.4 of the Law.
Article 16. To substitute the word “separated” with the words
“territorial and structural” in Articles 20.1-a and 23.2 of the Law.
Article 17. To add a new provision to Article 21 of the Law with
the following content:
“During the elections to the National
Assembly the nomination of the party candidates shall be performed by the
decision issued at the session of the permanently functioning management body
of the party. The leaders of the
territorial and structural subdivisions of the party shall participate in that
session, in conformity with the procedure established by the Charter of the
party.”
Article 18. To add the words “territorial and” before the word
“structural” in Article 26.3 of the Law.
Article 19. To restate Article 27.3 of the Law as follows:
“Resources (means) allocated to parties (party alliances) from state budget
shall be distributed among parties (party alliances) in proportion to votes
received by them in the recent election by proportional system.”
Article 20. To restate Article 31.2 of the Law as follows:
“The party is
subject to liquidation, if:
1)
it has not participated in any two sequential elections to the
National Assembly by proportional system;
2)
in each of any two sequential elections to the National
Assembly it has received less than one percent of votes of the sum of the total
number of votes in favor of voting lists of all parties and the number of
inaccuracies;
3)
it has not participated in one election to the National
Assembly by proportional system, and in the elections preceding or following
such election, had received less than one percent of votes of the sum of the
total number of votes in favor of voting lists of all parties and the number of
inaccuracies.
Article 21. To substitute the words “the list of founders of the
party” with “the program” in Article 33.3 of the Law.
Article 22. The present Law shall become effective since the day
following the date of its official promulgation.
R. KOCHARYAN
THE PRESIDENT OF THE REPUBLIC OF ARMENIA
