EUROPEAN COMMISSION
FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
CONSTITUTION
OF THE REPUBLIC OF ARMENIA
(5 July 1995)
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 freedomloving 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.
CHAPTER 1
The Foundations of Constitutional
Order
Article 1. The Republic of Armenia is a sovereign,
democratic state, based on social justice and the rule of law.
Article 2. In the
Republic of Armeniapower 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 Unpublished juridical acts pertaining to human rights, freedoms,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 Armeniashall 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 Armeniashall 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 Armeniais the Armenian.
Article 13. The
flag (image 32)of the Republic of Armenia is tricolor made of
three horizontal and equal strips of red, blue, and orange.
The coat of arms (image 33) of the Republic of Armenia depicts, in the center
on a shield, Mount Ararat with Noah's ark and the coatsof 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
(image 9).
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 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 Armeniawho 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 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 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.
CHAPTER 3
The President of the Republic
Article 49. The
President of the Republic of Armeniashall 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:
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 Armeniaand decide on the granting of political asylum;
16) shall award the
orders and medals of the Republic of Armeniaand 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.
CHAPTER 4
The National Assembly
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 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 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 suchmember'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.
CHAPTER 5
The Government
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.
CHAPTER 6
Judicial Power
Article 91. In
the Republic of Armeniajustice 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 Courtare appointed for life. A judge may hold office until the age of 65, while a
member of the Constitutional Courtmay 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 Courtshall be prescribed by law.
Article 98.
Judges and members of the Constitutional Courtmay 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 Courtshall 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 Courtshall 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.
CHAPTER 7
Territorial Administration And
Local Self-Government
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 beconsidered 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 Yerevanthrough 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.
CHAPTER 8
Adoption Of
The Constitution, Amendments
And Referendum
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.
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:
I) 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;
I0) 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.
5 of July, 1995
