Adopted on: ۵ July ۱۹۹۵
Constitution of the Republic of Armenia
Preamble
The Armenian People٫
Recognizing as a basis the fundamental principles of Armenian statehood and the
national aspirations engraved in the Declaration of Independence of Armenia٫
havingggg 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.
Chapter ۱ The Foundations of Constitutional Order
Article ۱ []
The Republic of Armenia is a sovereign٫ democratic state٫ based on social
justice and the rule of law.
Article ۲ []
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 ۳ []
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 ۴ []
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 ۵ []
State power shall be exercised in accordance with the Constitution and the laws
based on the principle of the separation of the legislative٫ execcccutive and
judicial powers. State bodies and public officials may execcccute only such
acts as authorized by legislation.
Article ۶ []
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 Unpublished juridical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 ۷ []
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 ۸ []
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 ۹ []
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 ۱۰ []
The state shall ensure the protection and reproduction of the environment and
the rational utilization of natural resources.
Article ۱۱ []
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 ۱۲ []
The state language of the Republic of Armenia is the Armenian.
Article ۱۳ []
The flag of the Republic of Armenia is tricolor made of three horizontal and
equal strips of red٫ blue٫ and orange.
The coat of arms of the Republic of Armenia depicts٫ in the center on a shield٫
Mount Ararat with Noah''s ark and the coats of arms of the four kingdoms of
historical Armenia. The shield is supported by a lion and an eagle while a
sword٫ a branch٫ a sheaf٫ a chain and a ribbon are portrayed under the shield.
The national anthem of the Republic of Armenia is the "Our Fatherland."
The capital of the Republic of Armenia is Yerevan.
Chapter ۲ Fundamental Human and Civil Rights and Freedoms
Article ۱۴ []
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 ۱۵ []
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 ۱۶ []
All are equal before the law and shall be given equal protection of the law
without discrimination.
Article ۱۷ []
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 ۱۸ []
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 ۱۹ []
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 ۲۰ []
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 ۲۱ []
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 ۲۲ []
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 ۲۳ []
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 ۴۵ of the Constitution.
Article ۲۴ []
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 ۲۵ []
Everyone has the right to form associations with other persons٫ including the
right to form or join trade unionnnns.
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 ۲۶ []
Citizens are entitled to hold peaceful and unarmed meetings٫ rallies٫
demonstrations and processions.
Article ۲۷ []
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 ۲۸ []
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 ۲۹ []
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 ۳۰ []
Everyone is entitled to rest.
The maximum work period٫ rest days٫ and minimum duration of annual paid
vacation shall be prescribed by law.
Article ۳۱ []
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 ۳۲ []
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 ۳۳ []
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 ۳۴ []
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 ۳۵ []
Every citizen is entitled to education.
Education shall be free of charrrrge in state secondary educational
institutions.
Every citizen is entitled to receive higher and other specialized education
free of charrrrge and on a competitive basis٫ in state educational
institutions.
The establishment and operation of private educational institutions shall be
prescribed by law.
Article ۳۶ []
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 ۳۷ []
Citizens belonging to national minorities are entitled to the preservation of
their traditions and the development of their language and culture.
Article ۳۸ []
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 ۳۹ []
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 ۴۰ []
Everyone is entitled to receive legal assistance. Legal assistance may be
provided free of charrrrge in cases prescribed for by law.
Everyone is entitled to legal counsel from the moment he or she is arrested٫
detained٫ or charrrrged.
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 ۴۱ []
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 ۴۲ []
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 ۴۳ []
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 ۴۴ []
The fundamental human and civil rights and freedoms established under Articles
۲۳-۲۷ 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 ۴۵ []
Some human and civil rights and freedoms٫ except for those provided under
Articles ۱۷٫ ۲۰٫ ۳۹٫ and of the Constitution٫ may be temporarily in a
manner prescribed by law٫ in the event of martial law٫ or in cases۴۱-۴۳
prescribed under Paragraph ۴ of Article ۵۵ of the Constitution.
Article ۴۶ []
Everyone shall pay taxes٫ duties٫ and make other mandatory payments in amounts
and manners prescribed by law.
Article ۴۷ []
Every citizen shall participate in the defense of the Republic of Armenia in a
manner prescribed by law.
Article ۴۸ []
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 ۳ The President of the Republix
Article ۴۹ []
The President of the Republic of Armenia shall uphold the Constitution٫ and
ensure the normal functioning of the legislative٫ execcccutive and judicial
authorities. The President of the Republic shall be the guarantor of the
independence٫ territorial integrity and security of'' the Republic.
Article ۵۰ []
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 havingggg attained the age of thirty five٫ havingggg been a
citizen of the Republic of Armenia for the preceding ten years٫ havingggg
permanently resided in the Republic for the preceding ten years٫ and havingggg
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 ۵l []
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 havingggg 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
havingggg 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 havingggg 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 ۵۲ []
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 ۵۳ []
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 ۵۷ of the Constitution٫ special presidential elections
shall be held on the fortieth day following the vacancy of the office.
Article ۵۴ []
The President of the Republic shall assume office by pledging an oath to the
people during a special sitting of the National Assembly.
Article ۵۵ []
The President of the Republic:
۱) shall address the people and the National Assembly;
۲) 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 objecttttions 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;
۳) 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;
۴) 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;
۵) shall make appointments to civilian positions in cases prescribed by law;
۶) may establish advisory bodies.
۷) 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;
۸) 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;
۹) shall appoint and remove the Prosecutor General upon the recommendation of
the Prime Minister.
۱۰) 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;
۱۱) shall appoint٫ in accordance with the procedure provided in Article ۹۵ 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.
۱۲) is the Commander in Chief of the armed forces and shall appoint the staff
of the highest command of the armed forces;
۱۳) 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;
۱۴) 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;
۱۵) shall grant citizenship of the Republic of Armenia and decide on the
granting of political asylum;
۱۶) shall award the orders and medals of the Republic of Armenia and grant the
highest military and honorary titles and diplomatic and other titles;
۱۷) may grant pardons to convicted individuals.
Article ۵۶ []
The President of the Republic may issue orders and decrees which shall be
execcccuted throughout the Republic.
The orders and decrees of the President of the Republic shall not contravene
the Constitution and the laws.
Article ۵۷ []
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 ۵۸ []
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 ۵۹ []
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 ۶۰ []
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 ۶۱ []
The compensation٫ servicing and security of the President of the Republic shall
be prescribed by law.
Chapter ۴ The National Assembly
Article ۶۲ []
Legislative power in the Republic of Armenia: shall be vested in the National
Assembly.
Under cases provided by Articles ۵۹٫ ۶۶٫ ۷۳٫ ۷۴٫ ۷۸٫ ۸۱٫ ۸۳٫ ۸۴٫ ۱۱۱٫ ۱۱۲ 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 ۶۳ []
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 ۱۴ of Article ۵۵ of the Constitution٫
or when the removal of the President of the Republic from office is being
deliberated.
Article ۶۴ []
Any person havingggg attained the age of twenty five٫ havingggg been a
citizen of the Republic of Armenia- for the preceding five years٫ havingggg
permanently resided in the Republic for the preceding five years٫ and who has
the right to vote٫ may be elected as a Deputy.
Article ۶۵ []
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 ۶۶ []
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 ۶۷ []
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 ۶۵ 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 ۶۸ []
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 ۶۹ []
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 ۷۰ []
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 ۷۱ []
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 ۵۷٫ ۵۸٫ ۵۹٫ ۷۲٫ ۷۴٫ ۸۴٫ ۱۱۱ of the Constitution٫ and Paragraph ۴ of
Article ۷۵٫ the first paragraph of Article ۷۹٫ and Section ۳ of Article ۸۳ of
the Constitution.
Article ۷۲ []
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
objecttttions presented by the President of the Republic٫ it shall pass the
remanded law٫ again with a majority vote of the number of Deputies:
Article ۷۳ []
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 ۷۴ []
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 ۷۵ []
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 ۷۴ 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 ۷۶ []
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 ۷۷ []
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
e realization of the state budget and adopt the report based on
the findings of the National Assembly''s Oversight Office.
Article ۷۸ []
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 ۷۹ []
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 ۸۰ []
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 ۸۱ []
Upon the recommendation of the President of the Republic٫ the National
Assembly:
۱) may declare an amnesty;
۲) 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;
۳) may declare war.
The National Assembly٫ upon the determination of the Constitutional Court٫ may
suspend the execcccution of the provisions of Sections ۱۳ and ۱۴ of Article ۵۵
of the Constitution.
Article ۸۲ []
The National Assembly٫ upon the recommendation of the Government٫ shall
determine the administrative-territorial divisions of the Republic.
Article ۸۳ []
The National Assembly:
۱) shall appoint the Chairman of the Central Bank upon the recommendation of
the President of the Republic;
۲) 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;
۳) 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 ۸۴ []
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 ۱۴ of Article ۵۵ of the Constitution.
Chapter ۵ The Government
Article ۸۵ []
execcccutive 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 ۸۶ []
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 ۵۹ of the Constitution.
Article ۸۷ []
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 ۸۸ []
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 ۸۹ []
The Government:
۱) shall submit its program to the National Assembly for approval in accordance
with Article ۷۴ of the Constitution;
۲) 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;
۳) shall manage state property;
۴) shall ensure the implementation of unified state policies in the areas of
finances٫ economy٫ taxation and loans and credits;
۵) shall ensure the implementation of state policies in the areas of science٫
education٫ culture٫ health٫ social security and environmental protection;
۶) shall ensure the implementation of the defense٫ national security and
foreign policies of the Republic;
۷) 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 ۹۰ []
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 ۷۴ 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 ۶ Judicial Power
Article ۹۱ []
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 ۹۲ []
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 ۹۳ []
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 ۹۴ []
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 ۹۵ []
The Judicial Council:
۱) 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.
۲) 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.
۳) 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;
۴) 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.
۵) shall make recommendations regarding training programs for judges and
prosecutors;
۶) 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;
۷) 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;
۸) 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 ۹۶ []
Judges and members of the Constitutional Court are appointed for life. A judge
may hold office until the age of ۶۵٫ while a member of the Constitutional Court
may do so until the age of ۷۰. They may be removed from office only in
accordance with the Constitution and the laws.
Article ۹۷ []
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 ۹۸ []
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 ۹۹ []
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 ۱۰۰ []
The Constitutional Court٫ in accordance with the law:
۱) 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;
۲) shall decide٫ prior to the ratification of an international treaty٫ whether
the obligations assumed therein are in conformity with the Constitution;
۳) shall rule on disputes concerning referenda and the results of presidential
and parliamentary elections;
۴) shall ascertain the existence of insurmountable obstacles facing a
presidential candidate or the elimination of such obstacles;
۵) shall determine whether there are grounds for the removal of the President
of the Republic;
۶) shall determine whether there are grounds for the application of Sections ۱۳
and ۱۴ of Article ۵۵ of the Constitution;
۷) shall determine whether the President of the Republic is incapable of
continuing to perform his or her functions;
۸) 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:
۹) shall decide on the suspension or prohibition of a political party in cases
prescribed by law.
Article ۱۰۱ []
The Constitutional Court may hear cases submitted by:
۱) the President of the Republic;
۲) at least one third of the Deputies;
۳) Presidential and parliamentary candidates on disputes concerning election
results;
۴) the Government in cases prescribed by Article ۵۹ of the Constitution.
The Constitutional Court shall only hear cases that have been properly
submitted.
Article ۱۰۲ []
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 ۴ of Article ۱۰۰ of the
Constitution٫ and with a vote of two thirds of its members on matters
pertaining to Sections ۵ through ۹ of Article ۱۰۰.
Article ۱۰۳ []
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:
۱) shall initiate criminal prosecutions in cases prescribed by law and in
accordance with procedures provided by law;
۲) shall oversee the legality of preliminary inquiries and investigations;
۳) shall present the case for the prosecution in court;
۴) shall bring actions in court to defend the interests of the state;
۵) shall appeal the judgments٫ verdicts and decisions of the courts:
۶) shall oversee the execcccution 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 ۷ Territorial Administration and Local Self-Government
Article ۱۰۴ []
The administrative territorial units of the Republic of Armenia shall be the
provinces and districts.
Provinces shall include urban and rural districts.
Article ۱۰۵ []
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 ۱۰۶ []
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 ۱۰۷ []
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 execcccutive bodies.
Article ۱۰۸ []
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 ۱۰۹ []
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 ۱۱۰ []
The election procedure of local self-governing bodies and their powers shall be
determined by the Constitution and the laws.
Chapter ۸ Adoption of the Constitution٫ Amendments٫ and Referendum
Article ۱۱۱ []
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 objecttttions 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 ۱۱۲ []
Laws may be submitted to a referendum upon the request of the National Assembly
or the Government in accordance with Article ۱۱۱ of the Constitution.
Laws passed by referendum may only be amended by referendum.
Article ۱۱۳ []
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 ۱۱۴ []
Articles ۱٫ ۲ and ۱۱۴ of the Constitution may not be amended.
Chapter ۹ Provisions for the Transitional Period
Article ۱۱۵ []
This Constitution shall enter into force based on the referendum results and
upon its publication.
Article ۱۱۶ []
From the moment the Constitution enters into force:
۱) The ۱۹۷۸ Constitution٫ its subsequent amendments and supplements٫ as well as
related constitutional laws shall become inoperative;
۲) 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;
۳) 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;
۴) The National Assembly shall exercise the powers reserved to it by the
Constitution. The provisions of Section ۱ of Article ۶۳٫ Article ۶۴ and Section
۱ of Article ۶۵ of the Constitution shall apply to the sessions of the next
National Assembly. Until that time٫ Articles ۴ and ۵ of the Constitutional Law
dated March ۲۷٫ ۱۹۹۵٫ shall be effective;
۵) Until the formation of the Constitutional Court٫ international treaties
shall be ratified without its determination;
۶) 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 execcccutive
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;
۷) 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;
۸) Until the establishment of economic courts٫ the State Arbitrage shall
continue to operate in accordance to their previous prerogatives;
۹) 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;
۱۰) 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;
۱۱) 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 ۹۴ 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;
۱۲) 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;
۱۳) 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;
۱۴) Until the Criminal Code is made to conform with the Constitution٫ current
procedures for searches and arrests shall remain in effect.
Article ۱۱۷ []
The day the Constitution is adopted shall be proclaimed a holiday known as
Constitution Day.