DRAFT

CONSTITUTION OF THE REPUBLIC OF ARMENIA

The Armenian People, recognizing as a basis the fundamental principles of Armenian statehood and the national aspirations engraved in the Declaration of Independence of Armenia, having fulfilled the sacred message of its freedom-loving ancestors for the restoration of the sovereign state, committed to the strengthening and prosperity of the fatherland, in order to ensure the freedom, general well 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.
1. In the Republic of Armenia power lies with the people.
2. The people exercise their power through free elections and referenda, as well as through state and local self-government bodies and officials prescribed by the Constitution.
3. The usurpation of power by any organization or individual constitutes a crime.

Article 3.
1. In the Republic of Armenia the human being, his/her dignity and fundamental rights and freedoms are an ultimate value.
2. The chief mission of the state is the creation of necessary conditions for the fundamental rights and freedoms of the human and the citizen and the ensuring of their implementation.
3. The fundamental human rights and freedoms predetermine the meaning and content of laws, the activities of the executive power and local self-government and are secured by justice.

Article 4.
The elections of the Parliament and the self-government bodies of the communities, as well as referenda, shall be held based on the right to free, universal, equal and direct suffrage by secret ballot.

Article 5.
1. State power shall be exercised based on the separation of the legislative, executive and judicial powers, their mutual checks and restraints.
2. State and local self-government bodies and officials are competent to perform only such acts, for which they are authorized by the Constitution and laws.

Article 6.
1. In the Republic of Armenia political and ideological pluralism and multipartyism is guaranteed.
2. No ideology may be recognized as state or mandatory.
3. The State creates necessary conditions for the free competition of political forces, which is guaranteed by the legislative recognition, enshrining and protection of the political rights and freedoms of citizens.
4. The parties are formed and act freely. They contribute to the formation, expression and implementation of the political will of the people.
5. Equal conditions for free activity are guaranteed for the parties.
6. The objectives and activities of the parties may not contravene the foundations of Constitutional order, nor may their structure and practice contradict the principles of democracy.
7. The parties shall publish annual reports on the sources of their financing and expenses.

Article 7.
1. The supremacy of lawful law is guaranteed in the Republic of Armenia.
2. The Constitution of the Republic of Armenia has supreme juridical force and its norms are applicable directly. Laws found to contradict the Constitution as well as other legal acts found to contradict the Constitution and the laws have no juridical force.
3. Laws, and other normative legal acts touching on human rights, freedoms and duties, take effect only after their official promulgation.
4. The commonly recognized norms of international law are the constituent part of the legal system of the Republic of Armenia. They have supremacy over the laws.
5. International treaties that have been ratified by the Republic of Armenia are a constituent part of the legal system of the Republic.
6. International treaties that contradict the Constitution may be ratified only after making corresponding amendments to the Constitution.
7. International treaties containing norms not contradicting the Constitution but contradicting laws shall be presented for ratification in one package with the draft laws, which provide for making amendments and supplements in the acting laws in compliance with the norms of the treaties being ratified.
8. The law may authorize the Government and the Ministries to adopt normative acts concerning the activities of physical and legal persons, by defining the contents, purpose and scope of authority of those bodies.

Article 8.
The basis of the economic order of the Republic of Armenia is the social market economy based on free economic competition, and solidarity, dialogue and cooperation between social partners.

Article 9.
Local self-government is recognized and guaranteed in the Republic of Armenia.

Article 10.
1. The Republic of Armenia runs a policy for the developing and strengthening of multifaceted linkages with the Diaspora, the main objective of which is the preservation of the Armenian identity.
2. The Republic of Armenia supports repatriation.
3. Every one of Armenian ethnicity acquires citizenship of the Republic of Armenia from the moment of establishing permanent residence in the Republic of Armenia.

Article 11.
The Republic of Armenia, within the scope of the norms of international law, supports the preservation of Armenian historical and cultural values located in other countries, assists the development of Armenian educational and cultural life.

Article 12.
1. The state language of the Republic of Armenia is Armenian.
2. The flag of the Republic of Armenia is tricolor, with red, blue and orange equal horizontal stripes.
3. The coat of arms and the national anthem of the Republic of Armenia are defined by law.
4. The capital of the Republic of Armenia is Yerevan.


CHAPTER 2.
FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 13.
Human dignity, as a source of his rights and freedoms, is inviolable. The state is obliged to respect and protect it.

Article 14.
1. Everyone has the right to life.
2. No one may be condemned or subjected to capital punishment.

Article 15.
1. Everyone has the right to physical and spiritual immunity.
2. No one may be subjected to scientific, including medical, experimentations against his will and without his written consent.

Article 16.
1. No one may be subjected to tortures, inhumane or degrading the human dignity attitude or punishment. The application of corporeal punishments is prohibited.

Article 17.
1. Everyone has the right to personal freedom.
2. The freedom of the person may be limited only in the following cases and by the procedure defined by law, if:
1) the person has been condemned to imprisonment by a competent court;
2) it pursues a purpose that the person against whom there exist well-founded grounds of suspicion of having committed a crime face a competent court, or there are well-founded grounds to suppose that it is necessary for preventing the commission of a crime by the given person or impeding his/her hiding after committing the crime;
3) the imprisonment of a person under age based on a lawful court decision is necessary for the control over his/her rearing or for facing the competent court;
4) it is necessary to ensure the compulsory hospitalized treatment of sick persons representing social danger;
5) it is necessary to prevent the unlawful entry of a person into the Republic of Armenia, to exile him from the Republic or hand him over to a foreign state.
3. The arrested person shall be promptly informed in a language understandable to him about the reasons of his/her arrest and after at least 24 hours also the written substantiation of the arrest shall be provided to him/her. The family or the persons denoted by the arrested shall be promptly informed about the arrest. Every one has the right to have a defender from the moment of arrest. Without the participation of his/her defender the arrested is not obliged to give any testimony.
4. Not later than within 72 hours after the arrest, the court shall decide about the legality of the arrest. The arrested has the right to appeal that decision. Preliminary detention, the period of which may not exceed six months, shall be allowed only in case of the presence of legal grounds verified by court procedure.

Article 18.
1. Everyone has the right of immunity of his private and family life, honor and good reputation.
2. The state may mediate in the private and family life of a person only for the purpose of prevention or detection of crimes, in the cases and through the procedure defined by law.

Article 19.
1. Everyone has the right to protection of data concerning his/her person.
2. The collection, maintenance, use and dissemination of information about him/her without the person's consent is prohibited. This right may be limited only in the cases and procedure defined by law, if it is necessary for the protection of state security and public order. The use of information relating to the person for purposes contravening the motive of their collection is prohibited.
3. Everyone has the right to become acquainted with the data concerning him/her available in the state and local self-government bodies, demand elimination of non-verified information about him and compensation of the damages caused by its dissemination.

Article 20.
1. Everyone has the right to immunity of the residence.
2. It is prohibited to enter or search the residence against the will of the person, as well as the office or the means of transport, except for the cases prescribed by law and by court decision.
3. The residents have the right to be present during the search of their residence, which shall be conducted in the presence of at least two witnesses.
4. In the exclusive cases and procedure prescribed by law, the authorized bodies may, without the decision of the court and against the will of the residents, without witnesses, enter the residence and carry out a search, if it is necessary to capture the criminal, as well as to protect other people or their property. In such cases, the court shall, no later than within a period of 30 days, decide the substantiation of entering the residence or searching it.

Article 21.
1. The confidentiality of correspondence, telephone conversations, mail, telegram and other communications is immune.
2. Limitations of this right are allowed only by the decision of the court in the cases defined by law, if that is necessary for the defense of state security or the prevention and detection of severe crimes.

Article 22.
1. Men and women have the right to marry and form a family according to the procedure defined by law.
2. The family is under the special protection and auspice of the state.
3. The upbringing of children is the right and duty of parents. The parents exercise that right according to their convictions, taking into account the degree of the child's maturity, as well as the freedom of his/her conscience, creed and convictions.
4. Children have the right to freely express their opinion, which shall be taken into account in cases concerning them, accounting for the child's age and degree of his/her maturity.
5. The limitation of parental rights or their deprivation takes place only in cases stipulated by law, by court decision.

Article 23.
1. Every child, one of whose parents is a citizen of the Republic of Armenia, has the right to citizenship of the Republic of Armenia. Everyone who has lost his citizenship before the age of becoming an adult has the right to recover the citizenship of the Republic of Armenia.
2. A citizen of the Republic of Armenia may not be deprived of citizenship because of his convictions or other grounds.
3. A citizen of the Republic of Armenia may not be exiled from the Republic or handed over to a foreign state.
4. The conditions and procedure for the acquisition, recovery and termination of citizenship of the Republic of Armenia shall be defined by law.
5. A person who, besides citizenship of the Republic of Armenia has citizenship of another state, but not permanently residing in the Republic of Armenia, may not elect and be elected to the composition of state and local self-government bodies, hold state office or become a member of a political party.
6. A person who, besides citizenship of the Republic of Armenia has citizenship of another state, but permanently residing in the Republic of Armenia, may not be elected to the composition of state and local self-government bodies and hold state office.

Article 24.
Everyone, in compliance with international law, has the right to receive asylum in the Republic of Armenia, according to the procedure defined by law.

Article 25.
1. A person is free to do all that is not prohibited by the Constitution and the laws corresponding to it.
2. The exercise of human rights and freedoms shall not violate the rights and freedoms of other people.

Article 26.
1. Everyone being in the territory of the Republic legally has the right to freedom of movement and choice of residence and to leave the Republic.
2. Every citizen has the right to return to the Republic.
3. The rights fixed in this Article may be limited only by law, if it is necessary for the purpose of execution of criminal liability and punishment, protection of state security and public order, as well as for the prevention of epidemics.
4. Those territories, the entry of which is forbidden or limited, may be defined by law.

Article 27.
1. Everyone has the right to freedom of speech, which includes the freedom of his own opinion, as well as the freedom to receive and disseminate information and ideas through any medium of information, regardless of the state borders.
2. The freedom of the press, radio, TV and other mass media means and the reflection of the opinions existing in the society in the public mass media is guaranteed.
3. The right to freedom of speech may be limited only by law, if it is necessary for the protection of state security, public order, health, morality or the rights and freedoms of others.

Article 28.
1. Everyone has the right to freedom of thought, conscience and creed.
2. This right may be limited only by law, if it is necessary for the protection of social tranquility, public order, health, morality or the rights and freedoms of others.
3. In the Republic of Armenia the state and the church are separate from each other.

Article 29.
1. Everyone has the right to create associations with other persons, including the right to form trade unions for the purpose of maintenance and improvement of the working and economic conditions and also the right to join them.
2. No one can be forced to join any association.
3. In the cases and procedure defined by law the associations the objectives and activities of which contradict the Constitution, shall be prohibited.

Article 30.
1. Citizens have the right to participate in and hold peaceful and unarmed meetings, public gatherings, marches and demonstrations.
2. Foreigners and persons having no citizenship have the right to participate in and hold peaceful and unarmed meetings, public gatherings, marches and demonstrations for the protection of their rights and freedoms provided by this Constitution.
3. The peaceful and unarmed meetings, public gatherings, marches and demonstrations shall be held based on the request submitted during a reasonable time.
4. This right may be limited only, in the cases defined by law, by court decision, if that is necessary for the protection of the rights and freedoms of others.
5. The holding of peaceful, unarmed meetings and public gatherings in buildings shall be free.

Article 31.
All are equal before the law.

Article 32.
Discrimination dependent on sex, race, language, religion, ideology, political or other ideas, national belonging, birth, age, property or other circumstances is prohibited.

Article 33.
Men and women are legally equal.

Article 34.
The persons belonging to national minorities have the right to preservation and development of their traditions, religion, language and culture.

Article 35.
1. The citizens of the Republic of Armenia having attained the age of 18 have the right to vote, as well as the right to participate in civil initiatives and referenda.
2. Citizens recognized by court ruling as lacking dispositive capacity, as well as those condemned to imprisonment by a legally effective sentence and bearing the punishment, may not vote or be elected. Neither do they have the right to participate in civil initiatives and referenda.

Article 36.
Every citizen has the right to create a party with other citizens or to join any party.

Article 37.
1. Every citizen has the right to be hired into the state service according to his/her capabilities and professional background. The citizens shall be hired into state service on a competitive basis, except for the cases prescribed by law.
2. State servants serve the whole people. They are obliged to perform their duties in an impartial and politically neutral manner, based on exclusively professional considerations.

Article 38.
1. The citizens have the right to receive information on the activities of the state and local self-government bodies and the official persons thereof, according to the procedure defined by law, which includes their right to become acquainted with documents, as well as attend the sittings of the elected bodies of state and local self-government, take notes and make video recordings.
2. This right may be limited only by law, if that is necessary for the preservation of the rights and freedoms of other persons, social order, security and state interests.

Article 39.
1. Everyone has the right to have the state and local self-government bodies and officials examine the cases relating to him/her in an unbiased and fair manner, within the due time-periods.
2. This right particularly includes the human right to become acquainted with all the documentation relating to himself/herself, as well as obligates the state and local self-government bodies and officials, before the adoption of an individual act unfavorable for a person, to hear him/her and to justify the adopted act.

Article 40.
1. Everyone has the right to apply in person or in groups to the state and local self-government bodies and officials.
2. The state and local self-government bodies and officials are obliged in the manner defined by law and in due time to give an argued reply to those requests or complaints, and to undertake corresponding measures to satisfy or implement them.

Article 41.
1. Everyone has the right to apply to the Defender of Human Rights in case of the violation of his rights by the bodies and officials of the executive power and local self-government.
2. The Defender of Human Rights observes the protection of human and civil rights by the bodies and officials of the executive power and local self-government.
3. While exercising his authorities, the Defender of Human Rights is independent. The Defender of Human Rights presents to the Parliament an annual report about his/her activities, as well as the situation in the protection of human and civil rights and freedoms.
4. The bodies and officials of the executive power and local self-government are obliged to assist the Defender of Human Rights when performing his authorities. In particular, they are obliged to provide the Defender of Human Rights with the documents and certificates necessary for the examination of the requests and appeals of the citizens, to ensure his/her free access to their institutions.
5. The authorities and procedure of the activities of the Defender of Human Rights shall be defined by law.

Article 42.
1. Ownership and the right to inheritance is guaranteed. The owner shall at his/her discretion possess, use and dispose of the property that belongs to him.
2. The exercise of the ownership right shall not harm the interests of other persons and the public.
3. Ownership may be alienated only for the needs of the public, in exceptional cases, on the basis of law, by court decision and with advance equivalent compensation.
4. The law may limit the right of ownership of foreigners and persons having no citizenship in regard to land.

Article 43.
1. Every citizen has the right to free choice of work.
2. Compulsory work is prohibited. It may be applied exclusively with respect to people sentenced to imprisonment.
3. Persons not having reached the age of eighteen, have the right to working conditions consistent with their age, not impeding their security, health, physical, psychic, moral and social development and upbringing.

Article 44.
1. Everyone has the right to engage in entrepreneurial and other economic activity not prohibited by law.
2. The state ensures equal competition in the sphere of entrepreneurial activity. Abuse of monopoly position in the market, illegal limitation of competition and bad-faith competition are prohibited.
3. The forms and scopes of monopolies are defined by law.

Article 45.
1. Everyone has the right to receive for his job a salary ensuring his and his family's livelihood, according to the procedure defined by law. The amount of the minimum salary is defined by law.
2. Everyone has the right to secure and hygienic working conditions.

Article 46.
Employees have the right to strike for the protection of their economic, social and working interests. The conditions and procedure for the exercise of this right are defined by law.

Article 47.
1. Every employee has the right to rest.
2. The maximum working time, the duration of the annual paid vacation, the days of rest and holidays, as well as other conditions for the exercise of this right are defined by law.

Article 48.
1. Every citizen has the right to social security in the cases of inability to work as a result of sickness or disability, as well as when reaching the pension age.
2. The right to social security is provided also to those citizens who for reasons independent of themselves have become unemployed and do not have other means to secure their living. The amount and the forms of social security are defined by law.
3. The law may provide the rights defined by this Article also to the persons not having citizenship of the Republic of Armenia.

Article 49.
1. The State, according to the procedure defined by law, guarantees the free of charge provision of basic medical services.
2. In cases defined by law medical assistance is provided to socially unsecured and other citizens at the expense of the state budget resources.

Article 50.
Everyone has the right to become acquainted with the information on the state of the nature and environment, the quality of foods and household goods, which is freely disseminated and may not be regarded as a secret.

Article 51.
1. Everyone has the right to education.
2. Secondary education is mandatory and free in the state educational institutions.
3. Every citizen has the right to receive higher and other professional secondary education in state educational institutions on a competitive basis.
4. The law may provide the right defined in part 3 of this Article also to persons not having citizenship of the Republic of Armenia.
5. The procedure for the creation and activities of non-state educational institutions shall be defined by law.
6. The higher educational institutions have the right to self-government within the scopes of the law.

Article 52.
The freedom of science, art and teaching is guaranteed.

Article 53.
Everyone has the right to protect his rights and freedoms by all means not prohibited by law.

Article 54.
1. Everyone has the right to judicial protection of his rights and freedoms.
2. Every citizen has the right to apply for international protection of his rights, according to the defined procedure.

Article 55.
1. Everyone has the right to recover his violated rights, as well as the right to public hearing to find out the rationale for the accusation addressed to him, under the conditions of equality, observing all the requirements of justice by a competent, independent and impartial court.
2. Participation of the representatives of the mass media and society during the court proceeding or a part of it may be prohibited by law by a court decision for the protection of the personal life of the parties, state security or interest of justice.
3. The court verdicts and sentences are publicized in an open session, if that does not conflict with the interests of the person under age or the case relates to marital or child guardianship conflicts.

Article 56.
1. Everyone has the right to receive legal assistance. The accused deprived of the possibility of protecting his/her rights has the right to receive free advocate assistance from the state.
2. Everyone has the right to have a defender from the moment of arrest, detention or presentation of an accusation against him. Everyone has the right to refuse to give any testimony in the absence of his defender.

Article 57.
1. One accused of a crime is considered innocent, as long as his guilt is not proven in the manner defined by law, by the verdict of the court that has taken legal effect.
2. The accused is not obliged to prove his/her innocence. The suspicions not proven are interpreted in favor of the accused.

Article 58.
1. A person may be convicted only by the law in effect at the moment of committing the crime.
2. A person is not obligated to testify against himself, his/her spouse and close relatives, whose list shall be defined by law. The law may provide other cases releasing from the obligation of giving testimony.
3. It is prohibited to use evidence obtained in violation of the law.
4. Laws defining or increasing punishments do not have retroactive force.
5. No one may be convicted or punished for a crime for which he has been convicted or acquitted according to law.

Article 59.
Every convicted person has the right to have the verdict reviewed according to the procedure defined by law.

Article 60.
Every convicted person has the right to request a pardon or mitigation of the assigned punishment, according to the procedure defined by law.

Article 61.
The state or the community compensates for the damages caused as a result of the illegal actions of state or local self-government bodies and officials.

Article 62.
Everyone in whose opinion his/her fundamental rights fixed by the Constitution have been violated by the state or local self-government bodies and officials has the right to apply to the Constitutional Court, if all the other judicial means for their protection have been exhausted and if he/she considers that the law or other normative legal act lying at the basis of the judicial act limiting his/her rights contradicts the Constitution.

Article 63.
The human and civil rights fixed by the Constitution are not exhaustive and do not exclude the existence of other rights and freedoms arising from the meaning of the Constitution corresponding to the principles of human dignity and a democratic, social and legal state.

Article 64.
The fundamental rights are reserved as well to legal persons, accounting for the peculiarities of their legal condition.

Article 65.
The State takes care that the fundamental human and civil rights and freedoms be applied not only in the relationships of a human being and a citizen with the State, but also in the sphere of private law, accounting for the characteristic features of that sector.

Article 66.
The human and civil fundamental rights may be limited exclusively in the cases prescribed by the Constitution and only by law, by noting the corresponding Article in the Constitution.

Article 67.
Individual fundamental human and civil rights, except for those mentioned in articles 13-19, 22, 23, 25, 27, 28, 31-34, 39-42, 52-62 and point 1 of article 44 of the Constitution, during a state of emergency or martial law, may be temporarily limited in the cases and procedure defined by law.

Article 68.
The law may provide only such limitations of human and civil fundamental rights, which pursue a purpose corresponding to the Constitution and are apt, necessary and appropriate to achieve that purpose.

Article 69.
The meaning and essence of the provisions fixed in this chapter on the fundamental rights of the human and citizen are inviolable.


CHAPTER 3
THE PURPOSES AND RESPONSIBILITIES OF THE STATE
IN THE SOCIAL, CULTURAL AND NATURE PROTECTION SECTORS

Article 70.
1. The state has a purpose to support:
1) the ensuring of employment for the population and the improvement of working conditions;
2) housing construction;
3) preservation of the health of the population, to create conditions for effective and affordable medical service for all citizens;
4) development of physical training and sports;
5) development of free of charge higher education;
6) development of science and culture, to ensure equal possibilities to benefit from the cultural institutions, protection of historical and cultural monuments and other cultural values;
7) the preservation of an environment safe for the life and health of people, to implement measures to preserve nature and the environment from harmful effects, to ensure the rational utilization and reproduction of the natural resources.
2. The state is obliged, within the scope of its possibilities, to aim for the purposes fixed in this Article and to undertake necessary measures towards their realization.
3. The Government and the Community Leaders shall submit monthly reports to the Parliament and the Communities' Councils of Elders on the implementation of the measures enumerated in the first part of this Article.

Article 71.
The teaching of the fundamentals of the Constitution at the secondary educational institutions is mandatory.



CHAPTER 4
FUNDAMENTAL HUMAN AND CIVIL DUTIES

Article 72.
Everyone is obliged to respect the Constitution and the laws, others' rights, freedoms and dignity.

Article 73.
Everyone is obliged, in the procedure and the amount defined by law, to pay taxes and duties and make other mandatory payments.

Article 74.
Every citizen is obliged to participate in the defense of the Fatherland in the manner defined by law.

Article 75.
Everyone is obliged to care about the protection of the environment and shall be liable in the manner defined by law for the damage caused to it.


CHAPTER 5
THE PARLIAMENT

Article 76.
1. Legislative power in the Republic of Armenia is exercised by the Parliament.
2. The Parliament exercises oversight over the executive power and adopts the State Budget.
3. The authorities of the Parliament are prescribed by the Constitution and the laws.

Article 77.
1. The Parliament is composed of one hundred and one deputies.
2. The Deputies are elected by a proportional electoral system. The Deputy mandates shall be given to those political parties , in whose favor were given at least 5% of the valid votes, or those alliances of parties in whose favor were given at least 8% of the valid votes.
3. The parties shall nominate candidates for Deputies according to the procedure defined by law, by the conference of the party, on the basis of secret ballot.
4. The procedure for election of the Parliament shall be defined by law.

Article 78.
1. The Parliament is elected for a term of four years. Its term of authority begins on the day the Parliament convenes its first sitting. The term of authority of the Parliament expires on the day preceding the first sitting of the newly elected Parliament.
2. The President of the Republic invites the first sitting of the Parliament, fifteen days after the official promulgation of the election results.
3. The President of the Republic shall promulgate the decree on designating regular elections to the Parliament sixty days prior to the expiration of the term of the Parliament, designating as the day of voting the first non-working day following the twentieth day preceding the expiration of the authorities of the Parliament.

Article 79.
The Parliament may adopt a decision on self-dissolution by at least two thirds of the total number of Deputies. The Parliament may not be self-dissolved during the first and the last year of its authority.

Article 80.
1. The Parliament shall be declared dissolved by the President of the Republic in cases prescribed by Article 81, point 6 of Article 96, point 5 of Article 101, point 2 of Article 122, point 3 of Article 124 and point 5 of Article 129 of the Constitution. The dissolved Parliament shall continue the implementation of its authorities up to the first sitting of the newly elected Parliament. 2. The Parliament may not be dissolved in conditions of a state of emergency or martial law.
3. The Parliament may be dissolved within a one-year period following its election only in cases prescribed by point 6 of Article 96, point 2 of Article 122, point 3 of Article 124 and point 5 of Article 129 of the Constitution. 4. The President of the Republic shall promulgate a decree on the dissolution of the Parliament and designating extraordinary elections of the Parliament, defining as the day of voting the first non-working day following the thirtieth day following the dissolution or self-dissolution of the Parliament.

Article 81.
1. At least fifty thousand citizens of the Republic of Armenia having the right to vote have the right to initiate dissolution of the Parliament.
2. If within forty days after the official announcement of the initiative at least one hundred fifty thousand citizens of the Republic of Armenia having the right to vote also sign for the initiative to dissolve the Parliament, the President of the Republic shall within forty days designate a referendum on the dissolution of the Parliament.
3. The Parliament shall be considered dissolved if more than half of the participants of the referendum cast their votes for the dissolution of the Parliament.
4. The issue of dissolution of the Parliament according to the grounds and procedure prescribed by this Article may be put to a referendum only once.
5. A referendum on the dissolution of the Parliament cannot be held within one year after the election of the Parliament and one year preceding the expiration of its authorities, as well as in conditions of a state of emergency or martial law.
6. The procedure of putting the issue of dissolution of the Parliament on the grounds prescribed by this Article to a referendum shall be defined by law.

Article 82.
Any person having attained the age of twenty one, having a citizenship of the Republic of Armenia and permanently residing in the Republic of Armenia for the last four years, and having the right to vote, may be elected a Deputy.

Article 83.
1. A Deputy may not hold any other paid or unpaid office, be a member of any body of local self-government.
2. Entrepreneurial activity is incompatible with the status of a Deputy.
3. A Deputy may be engaged only in individual creative work, on condition that it does not impede the performance of his/her duties as a Deputy.
4. The authorities of the Deputy shall be terminated in case of violation of the requirements of this Article.
5. The performance of the requirements of this Article shall be followed up by the Parliament's Standing Committee of Ethics, which shall be composed of an equal number of representatives of the factions.

Article 84.
The Parliament's Standing Committee of Ethics shall, through the Audit Chamber, check the authenticity of the declarations prescribed by part 3 of Article 85 and part 4 of Article 126 of the Constitution and present a report to the Parliament thereon.

Article 85.
1. A Deputy shall receive a salary for the performance of his/her duties. The State shall reimburse all the expenses related to his/her activities as a Deputy.
2. The payment of the Deputy and the guaranties of his activity shall be defined by law.
3. A Deputy shall, according to the procedure defined by law, each year submit a declaration on the state of his/her property and the state of property of his/her family members, which shall be published in the Official Newsletter.

Article 86.
1. Deputies represent the whole nation. They shall not be bound by any compulsory mandate and shall be guided only by their convictions.
2. In case of voluntarily quitting a faction or a party within a faction, a Deputy shall lose his/her mandate. A Deputy left out of the membership of a faction against his/her will has no right to join another faction.
3. Deputies are obligated to maintain a constant relationship with voters.

Article 87.
1. A Deputy may not be prosecuted or held liable for actions arising from his or her status, including voting, as well as his or her opinion expressed in the Parliament, if it is not slanderous or defamatory.
2. A deputy may not be arrested, detained or subjected to any other limitation of freedom without the consent of the Parliament, with the exception of the moment of committing a crime. The Parliament shall adopt a substantiated decision on giving or rejecting such consent.

Article 88.
1. The Parliament shall elect a President and his/her two deputies. The President of the Parliament shall chair the sittings of the Parliament and ensure its regular functioning.
2. For organizing the works of the Parliament a Presidium of the Parliament shall be formed composed of the President of the Parliament, his/her two deputies, and one representative from each faction.
3. The Parliament shall adopt its procedure of activities, having the force of law.

Article 89.
Necessary conditions shall be ensured for the implementation of the rights and responsibilities of the Parliamentary factions.

Article 90.
1. Regular sessions of the Parliament shall be invited by the President of the Republic from the second Monday of January to the third Thursday of July and the first Monday of September to the second Thursday of December.
2. The President of the Parliament shall convene an extraordinary sitting, upon the demand of at least one fifth of the total number of Deputies or the Prime Minister.

Article 91.
1. The sittings of the Parliament shall be public.
2. Upon the demand of at least one fifth of the total number of Deputies or the Prime Minister closed door sittings may be convened by the Parliament with the consent of two thirds of the total number of Deputies.

Article 92.
The laws, the Parliament decisions, messages and other acts of the Parliament shall be adopted by the majority vote of the Deputies present at a given sitting, if more than half of the total number of Deputies have participated in the voting, with the exception of cases prescribed by the Constitution.

Article 93.
1. There shall function standing committees in the Parliament, the number of which is defined by the Parliament's procedure of activities.
2. In the standing committees of the Parliament seats shall be appropriated to the factions of the Deputies according to the proportion of their number. 3. The positions of the chairmen of the standing committees of the Parliament shall be distributed between the factions of the Deputies by the proportion of their number.
4. Bodies and officials of the executive power and local self-government, upon the demand of one third of the total number of the members of a standing committee, are obliged to submit necessary documents and certificates to the committee and ensure free entrance of the committee members to their premises according to the procedure defined by law.
5. A standing committee, by the majority vote of the total number of its members, has the right to require the participation of ministers and other officials dealing with the issue in its sittings.
6. Temporary committees shall be established in the Parliament for the preliminary discussion of draft laws and submitting conclusions or statements of information thereon to the Parliament upon the demand of at least one quarter of the total number of Deputies.


Article 94.
1. The Parliament has the right and, upon the demand of at least one quarter of the total number of its members, is obligated to establish an Investigating Committee for the purpose of clarifying facts of concern to the public.
2. The Investigating Committee shall be composed of at least one representative each of the factions and the party submitting the demand. The composition of the Committee shall reflect the numerical ratio of factions of the Parliament.
3. The Investigating Committee shall, upon the demand of the party submitting the demand in the open sittings or at least one fifth of the total number of its members, collect necessary information.
4. Bodies and officials of the executive power and local self-government, upon the demand of the party submitting the demand or at least one third of the total number of the members of the Committee, are obligated to be present in the sittings of the Committee and provide necessary documents and certificates to the Committee according to the procedure defined by law.
5. On issues of defense and national security the functions of the Investigating Committee shall be implemented by the Parliament's Standing Committee on Issues of Defense.
6. The procedure of the operation of the Investigating Committee shall be defined by law.

Article 95.
1. Laws shall be adopted by the Parliament, as well as through referendum.
2. The right to initiate legislation in the Parliament belongs to Deputies and the Government, as well as at least ten thousand citizens of the Republic of Armenia having the right to vote, through the procedure of people's initiative.
3. The Council of Justice has the right to initiate legislation on justice issues.

Article 96.
1. If a draft law submitted to the Parliament by ten thousand citizens of the Republic of Armenia having the right to vote according to the procedure of people's initiative is not adopted by the Parliament within sixty days, it shall be submitted to referendum upon the demand of another ninety thousand citizens of the Republic of Armenia having the right to vote, if the necessary signatures are collected within not later than forty days since the rejection of the draft law by the Parliament. The referendum shall be convened not earlier than thirty days and not later than forty days after the submission of signatures.
2. The Parliament shall have the right to submit to a referendum its own draft law on the same issue.
3. Draft laws on the State Budget, on taxes as well as on amnesty may not be presented through the procedure of people's initiative.
4. The draft submitted to the referendum shall be considered adopted if more than half of the participants in the voting have voted for it.
5. The laws adopted through referendum may be amended by the two third votes of the total number of Deputies.
6. In case of the adoption of a law for the second time through a referendum by people's initiative according to the procedure defined by this Article, the Parliament shall be considered dissolved.

Article 97.
1. The Parliament shall adopt the State Budget upon its presentation by the Government.
2. The Government shall submit the draft of the State Budget to the Parliament for discussion at least ninety days before the start of the new fiscal year and may require that it be put to vote with amendments adopted by it during the third reading before the expiration of that time period.
3. If the State Budget is not adopted, then before the approval of the state budget of the given year, the expenditures of the new fiscal year shall be incurred in the same proportions as in the previous year's budget.
4. The tax rates may be increased or new types of taxes may be defined only within the framework of the annual state budget, simultaneously with its approval.

Article 98.
1. The Prime Minister shall be obligated to participate in the sittings of the Parliament upon the demand of the majority of the total number of Deputies. The ministers dealing with the issue shall be obligated to participate in the Parliament's sittings upon the demand of at least one fifth of the total number of Deputies.
2. The invited member of the Government shall be obligated to answer the questions of Deputies.
3. Members of the Government and their representatives shall have the right to participate in the sittings of the Parliament and make out of turn speeches. They shall have the right to take the floor in the Parliament according to the procedure defined by the rules of procedure of the Parliament.

Article 99.
1. For at least one sitting of the Parliament each week the members of the Government shall answer questions raised by deputies.
2. Deputies shall have the right to address written questions to the members of the Government. The members of the Government shall answer those questions within fourteen days.

Article 100.
Discussions on urgent issues representing public interest may be convened in each sitting of the Parliament by the demand of at least one quarter of the total number of Deputies.

Article 101.
1. The Parliament may express a vote of no confidence against the Prime Minister only on condition of simultaneously electing a new Prime Minister.
2. The draft of the decision on a vote of no confidence against the Prime Minister may be submitted by at least one quarter of the total number of Deputies.
3. The draft of the decision on a vote of no confidence against the Prime Minister shall be put to vote not earlier than forty eight and not later than seventy two hours from its submission.
4. The decision on a vote of no confidence against the Prime Minister shall be adopted by the majority vote of the total number of Deputies through roll-call vote.
5. If the Parliament at its initiative expresses a vote of no confidence for a second time against the Prime Minister, then the Parliament shall be declared dissolved.
6. The Parliament may not avail itself of the right to express no confidence to the Prime Minister in conditions of a state of emergency or martial law.

Article 102.
1. The Parliament shall, upon the proposal of the Council of Justice, appoint the chairmen of the courts of general jurisdiction of the appeals and cassation instances, as well as administrative, economic and other specialized courts stipulated by law. The chairmen of the first instance courts of general jurisdiction shall be elected by the judges of those courts, according to the procedure defined by law.
2. The Parliament shall, based on the decisions submitted by the Council of Justice, take measures to prevent interference by state and local self-government bodies and their officials in the activities of the courts.

Article 103.
The Parliament shall elect the Defender of Human Rights for a period of six years by at least three fifth of the total number of Deputies. The Defender of Human Rights may be removed from office on the grounds defined by law by the votes of at least two thirds of the total number of the Deputies. The same person cannot be elected to the position of the Defender of Human Rights more than twice continuously.

Article 104.
1. The Parliament, by the votes of at least three fifths of the total number of Deputies, shall elect for a six-year period nine members of the Public Council of Mass Media, four of whom shall be elected from the candidates nominated by the Parliament and five from the candidates nominated by the President of the Republic. The members of the Council may be removed from office on the grounds defined by law by the votes of at least two thirds of the total number of Deputies.
2. The Public Council of Mass Media shall follow the preservation of the freedom of information in the mass media and guarantee the expression by the public mass media of various opinions existing in the public.
3. While exercising its authorities, the Public Council of Mass Media shall be independent. It shall submit to the Parliament an annual report on its activities, as well as on the state of the freedom of information.
4. The authorities and procedure of operation of the Public Council of Mass Media shall be defined by law.

Article 105.
1. The Parliament shall elect the members of the Audit Chamber for a period of six years by the votes of at least three fifths of the total number of Deputies.
2. The Audit Chamber shall monitor the execution of the state budget, the financial activity of state authorities and local self-government bodies, as well as those legal entities that receive funds from the state budget.
3. The Audit Chamber shall monitor the use of loans and credits received from foreign countries and international organizations, as well as the substantiation of providing loans and credits to other countries.
4. Shall, upon the proposal of the Parliament's Standing Committee on Ethics, verify the authenticity of the declarations prescribed by point 3 of Article 85 and point 4 of Article 126 of the Constitution and submit a certificate to that committee.
5. While implementing its authorities, the Audit Chamber shall be independent. The Audit Chamber shall submit to the Parliament an annual report on its activities.
6. The Audit Chamber may submit to the Parliament a report on its separate researches.
7. The authorities and procedure of operation of the Audit Chamber shall be defined by law.

Article 106.
The Parliament shall, upon the recommendations of the President of the Republic, elect and dismiss the Chairman of the Central Bank and his deputy by the majority of votes of the total number of Deputies.

Article 107.
The Parliament shall, upon the recommendation of the Government, adopt a law on the administrative territorial division of the Republic. The administrative territorial units are the community and the region.

Article 108. 1. The Parliament shall ratify or annul the international treaties of the Republic of Armenia by means of adopting a law.
2. Subject to ratification by the Parliament are international treaties of a political and military nature, as well as those that touch on the territorial integrity of the country or the fundamental rights and duties of the human and citizen.
3. The scope of international treaties subject to ratification by the Parliament shall be defined by law.


Article 109.
1. The right to declare war and to introduce martial law shall belong to the Parliament.
2. The legal regime of martial law shall be defined by law.

Article 110.
1. The Parliament shall, by its initiative or the recommendation of the Government, declare a state of emergency and works non-stop.
2. In case of an immediate danger threatening the Constitutional order, if the Parliament is not able to convene a sitting immediately, the Government shall declare a state of emergency. The Parliament is competent to revoke the state of emergency by the majority vote of the total number of Deputies.
3. The legal regime of the state of emergency shall be defined by law.

Article 111.
1. In time of martial law or a state of emergency, referenda, elections of the Parliament, the President of the Republic, local self-government bodies shall not be held, and the authorities of these bodies may not be terminated prematurely.
2. The authorities of the Parliament, President of the Republic and local self-government bodies shall be prolonged if the term of their authorities expires during a state of emergency or martial law. In such cases the elections shall be held within three months after the revocation of the state of emergency or martial law.
3. After declaring the state of emergency or martial law, Article 124 of the Constitution shall be applied only within three months after the revocation of the state of emergency or martial law.
4. If the position of the Prime Minister is vacant during a state of emergency or martial law, the President of the Republic shall appoint one of the Ministers as temporary acting Prime Minister.

CHAPTER 6.
THE PRESIDENT OF THE REPUBLIC

Article 112.
The President of the Republic is the head of the state and embodies the national unity of the Armenian people.

Article 113.
1. The President of the Republic shall be elected by the meeting of electors formed of the Deputies of the Parliament and representatives of local self-government bodies equal to the number of Deputies, according to the representative quota defined by law.
2. The meeting of electors shall be convened not later than 30 days prior to the end of authorities of the President of the Republic, and in case of their early termination - not later than 30 days following the moment of termination.
3. The candidate having received the votes of at least two thirds of the members of the meeting of electors shall be considered elected. If none of the nominated candidates receives such a majority of votes, a second stage of voting shall be held in which the two candidates, having received the most votes in the first stage shall participate. In the second stage, the candidate having received the most votes shall be considered elected. If in the first stage the only nominated candidate does not receive enough votes necessary for being elected, then new elections shall be held.

4. The procedure for electing the President of the Republic shall be defined by law.

Article 114.
1. The term of the authorities of the President of the Republic is six years. He/she shall exercise his/her authorities until the newly elected President of the Republic assumes office.
2. Any person having attained the age of forty, having been a citizen of the Republic of Armenia and having permanently resided in the Republic for the last five years with the right to vote may be elected President of the Republic.
3. The same person cannot be elected President of the Republic more than twice.
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4. The President of the Republic may not occupy any other paid or unpaid office, be engaged in entrepreneurial activity, be a member of the Parliament or a body of local self-government.

5. The President of the Republic may be engaged only in individual creative activities, on condition that it does not impede the performance of his/her duties.

Article 115.
The President of the Republic shall assume office according to the procedure defined by law by pledging the following oath to the people during a special sitting of the Parliament:
"I swear to faithfully preserve the Constitution and the laws of the Republic of Armenia; be impartial in exercising my authorities, be guided only by the interests of the State and the nation and to contribute all my efforts to the strengthening of the Republic of Armenia and the national unity of the Armenian people."

Article 116.
The President of the Republic:
1) may address the Parliament;
2) within fourteen days of receiving a law adopted by the Parliament shall sign and promulgate it;
During this period, he may remand a law to the Parliament with objections or recommendations. The President shall sign and promulgate the law within a seven-day period after the new passing of such law by the Parliament;

3) in cases prescribed by part 3 of Article 81, part 6 of Article 96, part 5 of Article 101, part 2 of Article 122, part 3 of Article 124 and part 5 of Article 129 of the Constitution, shall dissolve the Parliament and in these cases, as well as in cases prescribed by Article 79 of the Constitution, designates extraordinary elections.
4) shall designate a referendum in cases prescribed by the Constitution;

5) shall coordinate the relations between the Republic of Armenia and the Armenians living in foreign countries, according to the procedure defined by law;
6) shall enter into international treaties and sign the ratification instruments of international treaties ratified by the Parliament, according to the procedure defined by law;
7) shall, upon the recommendation of the Government, appoint and recall the diplomatic representatives of the Republic of Armenia to foreign countries and international organizations;
8) shall receive the credentials and letters of recalling of diplomatic representatives of foreign countries and international organizations;

9) is the Supreme Commander of the armed forces.
In peacetime the President of the Republic shall exercise his/her authorities as Supreme Commander of the armed forces through the Prime Minister and the Minister of Defense. In time of war the President of the Republic shall, upon the recommendation of the Prime Minister, appoint the Commander in Chief of the armed forces;
10) shall appoint and remove the staff of the highest command upon the recommendation of the Government;
11) In case of the existence of an immediate danger of armed attack against the Republic shall, upon the recommendation of the Prime Minister, call for a general or partial mobilization;
12) shall appoint four judges of the Constitutional Court, by the presentation of the Council of Justice shall appoint the judges of the courts of general jurisdiction of all instances, as well as of the administrative, economic, and other specialized courts prescribed by law;
13) shall propose to the Parliament the candidacy of the Defender of Human Rights;
14) shall propose to the Parliament the candidacies of five members of the Public Council of Mass Media.
In cases defined by law may recommend the Parliament to remove from office the members of the Public Council of Mass Media proposed by him/her;
15) shall appoint and dismiss the members of the Board of the Central Bank;
16) shall grant citizenship of the Republic of Armenia and solve the issue of granting political asylum according to the procedure defined by law;
17) shall award the orders and medals of the Republic of Armenia, and upon the recommendation of the Prime Minister grant the highest military and honorary titles and diplomatic and other titles;
18) shall grant pardon to convicted individuals;
19) shall exercise other authorities prescribed by the Constitution.

Article 117.
1. The President of the Republic shall adopt decrees and orders while exercising his/her authorities.
2. Decrees of the President of the Republic relating to points 9-11 and 16 of Article 116 shall be countersigned by the Prime Minister and the respective Minister.

Article 118.
1. In the event of serious illness of the President of the Republic or the existence of other insurmountable obstacles affecting the performance of his or her authorities the Parliament shall, upon the recommendation of the Government and based on the conclusion of the Constitutional Court, adopt a decision by the votes of at least two thirds of the total number of Deputies on the impossibility for the President of the Republic to perform his or her authorities.
2. In the event the office of the President of the Republic remains vacant and until a newly elected President assumes office the duties of the President of the Republic shall be performed by the Prime Minister.

Article 119.
1. The President of the Republic may be removed from office for violation of the Constitution, state treason or other high crimes.
2. In order to receive a conclusion on the issue of removal from the office of the President of the Republic, the Parliament shall appeal to the Constitutional Court by a decision adopted by the majority of the total number of Deputies.
3. A decision to remove the President of the Republic from office based on the conclusion of the Constitutional Court shall be rendered by the Parliament by at least two thirds of the total number of Deputies.

Article 120.
1. The procedure of payment, servicing and ensuring the security of the President of the Republic shall be defined by law.
2. The President of the Republic shall, according to the procedure defined by law, each year submit a declaration on the state of his/her property and the property of his/her family members, which shall be published in the Official Newsletter.

CHAPTER 7.
THE GOVERNMENT

Article 121.
The Government of the Republic of Armenia is the supreme body of the executive power.
2. The Government, in accordance with its program of activity, shall decide and implement the domestic and foreign policies of the Republic of Armenia.
3. The Government of the Republic of Armenia shall consist of the Prime Minister and ministers. The number of ministers must not exceed fifteen.
4. The structure of the Government shall be defined by law.

Article 122.
1. The Parliament shall, out of its membership, elect a Prime Minister by the majority vote of the total number of Deputies.
2. In case a Prime Minister is not elected, a second stage of voting shall be held within seven days after the vote. If a Prime Minister is not elected by the majority of the total number of the Deputies, the Parliament shall be declared dissolved.
3. The election of the Prime Minister shall be held by roll-call voting.

Article 123.
1. The Prime Minister shall form the Government within a period of fourteen days after his/her appointment.
2. The Prime Minister shall appoint and remove the ministers.
3. The Prime Minister may not occupy any other paid or unpaid office, be engaged in entrepreneurial activity, be a member of the Parliament or any body of local self-government.
4. The Prime Minister may be engaged only in individual creative activities, on condition that it does not impede the performance of his/her duties.
5. The Prime Minister shall, according to the procedure defined by law, each year submit a declaration on the state of his/her property and the property of his/her family members, which shall be published in the Official Newsletter.

Article 124.
1. Within a period of twenty days after the formation of the Government, the Prime Minister shall present the Government's program of activity to the Parliament.
2. The Parliament shall approve the program of activity of the Government within a period of 7 days by the majority of votes of the total number of Deputies. In case of disapproving the program of activity of the Government, the Government shall submit its resignation after which the Government shall be formed according to the procedure defined by Article 122 and part 1 of Article 123 of the Constitution.
3. If the Parliament disapproves the program of activity of the Government a second time, the Parliament shall be declared dissolved.

Article 125.
The Prime Minister and the ministers assume office by pledging the following oath given to the people during a sitting of the Parliament:
"I swear to faithfully observe the Constitution and the laws of the Republic of Armenia and put all my efforts for the prosperity of the Republic of Armenia".

Article 126.
1. The ministers may not hold any other paid or unpaid office, be engaged in entrepreneurial activity, be a member of the Parliament or a local self-government body.
2. The ministers may be engaged only in individual creative activities, on condition that it does not impede the performance of his/her duties.
3. In case of the violation of the requirements of this Article by a minister, the Parliament shall, by the recommendation of the Standing Committee of Ethics, officially inform the Prime Minister thereon and hear the report of the Prime Minister on the measures taken.
4. The ministers shall, according to the procedure defined by law, each year present declarations on the state of their property and the state of property of their family members, which are published in the Official Newsletter.

Article 127.
1. The Prime Minister, within the framework of the program of activity of the Government, shall determine the basic directions of the Government's policies, shall direct the Government's activities and shall coordinate the work of the ministers.
2. Within the framework of the basic directions of the Government's policies, each minister shall individually direct the activities of his/her ministry.
3. The Government's decisions shall be adopted by a majority of votes. In case of a tie, the Prime Minister's vote shall be decisive.
4. The Government and the ministries shall define the procedures of their activities.


Article 128.
In accordance with the Constitution and the laws the Government shall:
1) ensure the execution of laws;
2) direct, coordinate and supervise the activities of the bodies of the executive power;
3) manage the state property;
4) ensure the implementation of unified state policies in the areas of finance, economy, taxation and loans and credits, protect the interests of the State Treasury;
5) ensure the implementation of state policy in the area of science, education, culture, health, social security and environmental protection, submits an annual report to the Parliament on the implementation of the measures prescribed by point 1 of Article 70;
6) ensure the internal security of the country and social order;
7) ensure the external security of the country, implement the general management of the relationship with other states and international organizations;
8) implement general management in the sphere of the defense of the country, define annually the number of citizens drafted for real military service;
9) perform other authorities defined by the Constitution and the laws.

Article 129.
1. By the decision of the Government, the Prime Minister has the right to bring up the issue of a vote of confidence in the Government in relation to a statement on any draft law or a Government policy.
2. The Prime Minister may not bring up the issue of a vote of confidence in the Government in conditions of a state of emergency or martial law.
3. The Parliament shall adopt a decision on the issue of expressing confidence in the Government during a period of not earlier than 48 hours and not later than 72 hours from the bringing up of the issue of confidence.
4. In case the Parliament expresses confidence in the Government by a majority vote of the total number of its members, the draft law submitted by the Government shall be considered adopted and the statement on the policy of the Government shall be considered approved.
5. In case the Parliament does not express confidence in the Government by a majority vote of the total number of its members, it has the right to elect a new Prime Minister by a majority vote of the total number of its members within a period of seven days. In case a new Prime Minister is not elected during that time period, the Parliament shall be declared dissolved.
6. The Prime Minister may not bring up the issue of a vote of confidence in the Government more than once during the same session.

Article 130.
1. The authority of the Government shall expire in the cases of expressing no confidence by the Parliament to the Prime Minister, the Government's program not being approved, as well as the resignation of the Prime Minister, the presence of insurmountable obstacles for exercising his/her authorities or the death of the latter. The Government shall continue to exercise its authorities until the formation of a new Government.
2. In case of the resignation of the Prime Minister, the presence of insurmountable obstacles for exercising his/her authorities or the death of the latter the Parliament, according to the procedure stipulated by Article 122 of the Constitution, shall elect a new Prime Minister. The Prime Minister shall, within a period of fourteen days following his/her appointment, form the Government and present the Government's program to the Parliament according to Article 124 of the Constitution.

Article 131.
The authorities and the procedure of formation and activity of the territorial governance bodies subordinate to the Government shall be defined by law.

CHAPTER 8.
THE JUDICIAL POWER

Article 132.
1. In the Republic of Armenia justice shall be administered solely by the courts, in accordance with the Constitution and the laws.

2. The sentences and verdicts of the courts shall be rendered in the name of the Republic of Armenia.

Article 133.
1. Constitutional justice in the Republic of Armenia shall be administered by the Constitutional Court, which is a part of the judicial system of the Republic of Armenia.
The courts of general jurisdiction of the Republic of Armenia shall be the courts of first instance, the courts of appeals and the Court of Cassation. In cases prescribed by law certain complicated cases and cases related to high rank officials may be heard by the court of appeals as a court of first instance. The Court of Cassation reviews the sentences and verdicts of the courts of first instance and appeals, and in cases prescribed by law renders the final decision.
In the Republic of Armenia operate also administrative, economic, as well as other specialized courts prescribed by law. The resolution of the issue of the correspondence of regulations to laws belongs, in particular, to the jurisdiction of Administrative courts.
2. The establishment of extraordinary courts is prohibited.

Article 134.
1. When administering justice, the court is independent and is guided only by the Constitution and the laws.
2. The state shall guarantee proper financing of the courts. Each court shall be financed by a separate line item of the State budget.
3. The powers of the courts, the procedure for their formation and operation shall be defined by law.

Article 135.
A citizen having attained the age of thirty, having a higher education in law and at least seven years of length of service in juridical work may be appointed as a judge. Additional requirements for judges shall be defined by law.

Article 136.
1. The judges are irreplaceable, with the exception of judges of the Constitutional Court, whose term of authority is twelve years. They shall hold office until the age of 65.
2. In case of the change of the structure of courts or the borders of the judicial districts a judge may, according to the procedure defined by law, be moved to another court.


3. The borders of judicial districts cannot coincide with the borders of administrative-territorial units.

Article 137.
1. The authorities of a judge shall be terminated according to the procedure defined by law.
2. On the grounds specified by law the Parliament shall terminate the authorities of a judge of the Constitutional Court elected by it, and the President of the Republic shall terminate the authorities of a judge of the Constitutional Court appointed by him.

Article 138.

1. Interference in the activity of a judge is prohibited and is punishable by law.
2. No one has the right to demand a report or information from a judge for any case.
3. Proper working conditions shall be guaranteed for a judge and such a salary, which corresponds to his/her position and the volume of his/her responsibilities.
. 4 The judges shall, according to the procedure defined by law, present declarations each year on their and their family member's property status, which are published in the Official Newsletter.

Article 139.
1. A judge may not be arrested, detained or subjected to any other limitation of freedom without the agreement of the Council of Justice, with the exception of cases of being apprehended while committing a crime.
2. The Council of Justice shall render a substantiated decision on giving or not giving such agreement.

Article 140.
1. A judge may not occupy any other paid or unpaid position, be a member of the Parliament or local self-government body.
2. Entrepreneurial activity is incompatible with the status of the judge.
3. The judge may be engaged only in individual creative activities, which do not impede his/her immediate duties, as well as pedagogical activity.

Article 141.
1. The court sittings are open. The publicity of the court proceedings may be limited only in cases stipulated by the Constitution and laws.
2. The court proceeding shall be held on the basis of the adversary principle. Legal equality of the parties is guaranteed during the court proceeding.
3. The purpose of court proceeding shall be the disclosure of the truth.
4. The court proceeding is implemented mostly orally, particularly in the criminal cases.
5. The court sentences, verdicts and decisions must be substantiated. The court sentences and verdicts are publicized in an open session, with the exception of the cases prescribed by point 3 of Article 55 of the Constitution.

Article 142.
1. The members of the Council of Justice shall be appointed by the Parliament, from two judges of each of the courts of general jurisdiction of first, appellate and cassation instances, economic court, administrative court, as well as other specialized courts nominated by secret ballot. For each seat the general meeting of judges shall submit to the Parliament three candidacies of judges from the corresponding judicial instance or court.
2. The term of authorities of the members of the Council of Justice is three years, during which he/she shall be released from the performance of the duties of a judge, with the maintenance of the salary. Upon the expiration of the term of authorities the member of the Council of Justice shall pass to the performance of his/her duties as a judge. In the meantime the position that he/she was occupying before shall be guarantied.
3. The Parliament shall appoint to the Council of Justice three advocates elected by the general meeting of advocates through secret ballot. The general meeting of advocates shall submit to the Parliament three candidacies for each seat. The Parliament shall, upon the proposal of the President of the Republic, appoint three lawyer-scientists as members of the Council of Justice.
4. The Council of Justice shall elect from its membership the Chairman of the Council of Justice for the term of its authorities.

Article 143.
1. The Council of Justice according to the procedure defined by law, upon the proposal of its members, shall
1) form and submit to the approval of the President of the Republic the lists of official fitness and career promotion of the candidates of judges, if there are sufficient bases make changes in those lists, on the basis of which by the proposal of the Council of Justice judges are appointed and the issues of their career promotion are resolved;
2) present to the Parliament the candidacies of the chairmen of the courts of general jurisdiction of all instances, as well as of the administrative, economic, and other specialized courts prescribed by law;
3) present to the President of the Republic the candidacies of the judges of the courts of general jurisdiction of all instances, as well as of the administrative, economic, and other specialized courts prescribed by law;
4) issue a conclusion on the candidacies of judges included in the list of official fitness and on judges included in the list of career promotion;
5) present recommendations on bestowing qualification rankings to the judges;
6) subject judges to disciplinary liability;
7) apply to the Constitutional Court on early termination of the authorities of a judge, with the exception of judges of the Constitutional Court;
8) consider the appeals of judges on interfering in the activities of the court by state and local self-government bodies and officials, including on the attempts to impose pressure on the court and present to the Parliament its decisions thereon;
9) present to the Parliament draft laws on justice issues.
2. The Council of Justice shall consider the issues of subjecting judges to disciplinary liability and early termination of their authorities according to trial procedure, by ensuring the guarantees of protection of the rights of the judge.
3. The procedure of formation and activities and the guarantees of activities of the Council of Justice shall be defined by law.

Article 144.
A judge has no right to apply laws contradicting the Constitution. If the judge finds that the law subject to being applied contradicts the Constitution, he/she is obliged to stay the proceedings and apply to the Constitutional Court with a motion to recognize the law as contradicting the Constitution.

Article 145.
1. The Constitutional Court shall be composed of nine judges, of whom five shall be elected by the Parliament, four appointed by the President of the Republic.
2. A citizen having attained the age of forty, having a higher education in law and a scientific degree in the field of law may be elected or appointed a judge of the Constitutional Court. Additional requirements for the judge of the Constitutional Court shall be defined by the law on the Constitutional Court.
3. The Constitutional Court shall elect the Chairman of the Constitutional Court out of its composition.
4. The term of authority of the Constitutional Court member is twelve years. The same person may not be elected or appointed a Constitutional Court judge a second time.

Article 146.
The Constitutional Court shall resolve:
1) the issue of the correspondence to the Constitution of laws, legal acts of the President of the Republic, Government and the Prime Minister;
2) prior to its ratification, the issue of the correspondence to the Constitution of the obligations fixed in an international treaty;
3) the issue of the correspondence to the Constitution of a bill presented according to the procedure of civil initiative;
4) disputes between state bodies, as well as state and local self-government bodies, concerning the authorities reserved to them by the Constitution;
5) the issue of the constitutional complaints noted in Article 62 of the Constitution;
6) the issue of the suspension or prohibition of the activity of a political party in cases prescribed by law;
7) the issue of the early termination of the authorities of a judge.
2. The Constitutional Court shall give a conclusion on:
1) the existence of grounds for the removal from office of the President of the Republic;
2) the incapacity of the President and the Prime Minister of the Republic to perform his/her authorities.

Article 147.
To the Constitutional Court can apply:
1) In cases stipulated by points 1 and 2 of part 1 of Article 146 of the Constitution, at least 10 Deputies of the Parliament, the President of the Republic and the Government, as well as on issues concerning their field of activity, the Defender of Human Rights, and the Public Council of Television;
2) In cases stipulated by point 1 of part 1 of Article 146 of the Constitution, the courts;
3) In cases stipulated by point 3 of part 1 of Article 146 of the Constitution, at least ten Deputies of the Parliament or the Government;
4) In cases stipulated by point 4 of part 1 of Article 146 of the Constitution, at least ten Deputies of the Parliament, the President of the Republic, the Government, and the Public Council of Radio and Television;
5) In cases stipulated by point 4 of part 1 of Article 146, as well as on issues of the correspondence to the Constitution of laws violating the rights of the community, the Community Council of Elders;
6) In cases stipulated by point 5 of part 1 of Article 146 of the Constitution, each citizen, directly or through the Defender of Human Rights, and in cases defined by law, also foreign citizens and persons having no citizenship, as well as legal entities stated in Article 64 of the Constitution;
7) In cases stipulated by point 6 of part 1 and points 1 and 2 of part 2 of Article 146 of the Constitution, the Parliament;
8) In cases stipulated by point 7 of part 1 of Article 146 of the Constitution, the Council of Justice.

Article 148.
1. The Constitutional Court adopts decisions and conclusions.
2. The decisions of the Constitutional Court are final, are not subject to review and enter into force from the moment of their publication. If by the decision of the Constitutional Court the law on the basis of which a judicial act has been adopted violating the constitutional rights of a person has been recognized as contradicting the Constitution, the recognition of the law as contradicting the Constitution shall cause the invalidity of the respective judicial act.
3. The Constitutional Court shall decide with a majority vote of its total number of members on issues stipulated by points 1-5 of part 1 of Article 146 and with a vote of at least two thirds of its total number of members on issues stipulated by points 6-7 of part 1 and by part 2 of Article 146 of the Constitution.

CHAPTER 9.
THE PROCURACY

Article 149.
The Procuracy of the Republic of Armenia is a unified centralized system, headed by the Prosecutor General.

Article 150.
1. The Prosecutor General shall, upon the recommendation of the President of the Republic, be elected by the Parliament by a majority of the total number of Deputies for a period of six years.
2. Upon the recommendation of the President of the Republic, the Parliament may dismiss the Prosecutor General by a vote of three fifths of the total number of Deputies.

Article 151.
The Procuracy, in the cases and according to the procedure prescribed by law, shall:
1) initiate criminal prosecutions and defend an accusation in the court;
2) implement oversight with regard to the legality of preliminary inquiries and investigations;
3) appeal the verdicts and decisions of criminal case courts;
4) implement oversight with regard to the application of punishments and other means of compulsion.

Article 152.
The Procuracy shall operate within the scope of authorities reserved to it by the Constitution and on the basis of the law "On the Procuracy".


CHAPTER 10.
LOCAL SELF-GOVERNMENT

Article 153.
1. Local self-government is implemented in the communities and the regions.
2. Local self-government is the right of the community and the regions, secured and guaranteed by the State, to solve the local issues with its own responsibility, with the purpose of welfare of the residents, in accordance with the Constitution and laws.

Article 154.
1. A community is a society of the community's residents and a territorial unit and is a legal entity of public law.
2. The community's bodies are the Community Council of Elders and the Community Leader: a City Mayor or a Village Mayor, who are elected for a period of four years. Those citizens of the Republic of Armenia having attained the age of eighteen, with the right to vote, who have been permanently living in the given community during the last two years may be elected to the bodies of the community. They shall be elected by the residents of the community having the right to vote. The procedure of the election of the community's bodies and their authorities shall be defined by laws.

Article 155.
1. A region is a society of the communities within its composition and a territorial unit and a legal entity of public law.
2. The region's bodies are the Region Council of Elders and the Region Leader.
3. The Region Council of Elders is elected on the basis of free, common, equal and direct right to vote, by secret ballot, in proportion with the number of residents of communities, at least one member from each community.
4. The Region Leader is elected by the Region Council of Elders.
5. The procedure of electing the Region Council of Elders and the Region Leader is defined by law.

Article 156.
The communities may, proceeding from the interests of the public, be united with each other by law. The Parliament prior to adoption of a corresponding law is obliged to hear the opinion of those communities.

Article 157.
1. The communities' tasks are divided into intrinsic - voluntary and mandatory - and the ones delegated by the state.
2. The regions' tasks are divided into mandatory and those delegated by the state.
3. The mandatory tasks are defined and those delegated by the state are transferred to the communities and regions by law.

4 The authorities provided to the communities and regions for the implementation of their tasks must, as a rule, be all-inclusive and complete.
5. The voluntary tasks of the community are defined by the normative legal acts of the Council of Elders.

Article 158.
1. The voluntary and mandatory tasks of the community and the mandatory tasks of the region are subject to legal control of the Government and the authorized bodies under it, which is implemented in cases and according to the procedure prescribed by the Constitution and laws and aims at ensuring the performance of the requirements of the Constitution and laws.
2. Besides the legal control over the implementation of the tasks delegated by the State, the Government and the authorized bodies under it may implement professional control.
3. Control over the community and the region shall be implemented in proportion with the importance of interests protected by the controlling body.

Article 159.
1. For the implementation of the mandatory tasks and those delegated by the State necessary financial means shall be allocated to the communities and regions.
2. The subsidies provided to the communities and regions must not be directed to funding concrete projects and must not limit the freedom of the community to implement intrinsic authorities.
3. The State shall, within the scope of its financial possibilities, provide allocations to the communities proceeding from their tax potential for the implementation of intrinsic voluntary tasks.

Article 160.
1. The communities have the right of ownership in regard to land and other immovable and movable property.
Within the administrative borders of the communities, the land shall belong to the communities by the right of ownership. The lands belonging to the private owners and the lands necessary to the State for the implementation of its tasks shall constitute an exception.
2. Within the administrative borders of the communities, the transfer of land to the communities, as well as selling of lands belonging to the community by the right ownership, shall be regulated by law.

Article 161.
1. A community and a region shall have their budgets, which are approved correspondingly by the Council of Elders of the community or the region upon the presentation of the Community or Region Leader.
2. The procedure of formation of the community's and region's budgets' revenues and the implementation of the expenses shall be defined by law.
3. The communities and regions may set local duties according to the procedure stipulated by law. They are entitled to define the amount of the tax rate.
4. The communities and regions may define payments for the services provided by them.


Article 162.
1. By the proposal of the community's residents or by his own initiative the Community Council of Elders has the right to put the issues of local significance for local referendum.
2. The procedure for organizing and holding local referenda shall be defined by law.
3. By the demand of the one fourth of the community's residents having the right to vote the issue of early termination of authorities of the Community Council of Elders or Leader can be put for referendum.

Article 163.
1. The City of Yerevan is a community.
2. The self-government bodies of the City of Yerevan, the Yerevan Council of Elders and the Community Leader, i.e., the City Mayor, shall be elected by secret ballot by the residents of the City of Yerevan having the right to vote.
3. The City of Yerevan has its budget, which shall be approved by the Council of Elders of Yerevan upon the presentation of the Mayor of Yerevan.
4. The City of Yerevan consists of districts, which have the right to solve issues of district importance. The self-government bodies of the districts, that is, the Council of Elders of the District and the District Leader shall be elected by secret ballot by the residents of the district having the right to vote.
5. The districts have their budgets, which shall be approved by the Councils of Elders of the Districts upon the presentation of the District Leader.
6. The procedure of formation of the revenues and the implementation of expenses of the budget of the City of Yerevan and the budgets of the districts of the City of Yerevan shall be defined by law.
7. The distinguishing of city-wide authorities from the authorities of district significance shall be defined by law.
8. The procedure of formation, authorities and interrelations of the self-government bodies of the City of Yerevan and its districts are defined by the law of the Republic of Armenia "On the City of Yerevan".


CHAPTER 11.
THE CENTRAL BANK

Article 164.
1. The Central Bank of the State is the Central Bank of the Republic of Armenia.
2. The Central Bank shall maintain the stability of prices.
3. The Central Bank shall issue the currency of the Republic of Armenia: the Dram.

Article 165.
In implementing its authorities the Central Bank shall be independent. The Central Bank shall submit an annual report to the Parliament on its activities.

Article 166.
1. The highest body of management of the Central Bank is the Board of the Central Bank, which consists of the chairman, the deputy chairman and five members.
2. The term of holding office of the chairman, the deputy chairman and the Board members of the Central Bank is six years.


CHAPTER 12.
ADOPTION AND AMENDMENT OF THE CONSTITUTION

Article 167.
1. The Constitution shall be adopted and amended through the Parliament, at the initiative of at least one third of the total number of the Parliament's deputies or the Government.
2. The Parliament shall adopt the Constitution or make amendments to it by at least two thirds of the total number of Deputies. Within five days after the adoption of the amendments, at least one quarter of the total number of Deputies may demand by an official announcement that the amendments adopted by the Parliament be submitted to a referendum. If within 30 days after making the announcement at least one hundred thousand signatures of citizens of the Republic of Armenia having the right to vote are collected, the amendments adopted by the Parliament shall be submitted to a referendum no earlier than after 30 days and no later than 40 days after the end of the collection of signatures.
3. The draft submitted to a referendum shall be considered adopted, if more than half of the participants in the referendum have voted for it, but no less than one third of the citizens included in the election lists.

Article 168.
1. Articles 1, 2, 3 and 168 of the Constitution are not subject to being amended.
2. Any amendment of the Constitution cannot reduce the content and volume of the fundamental human rights and freedoms fixed by the Constitution, but can only enlarge them.


CHAPTER 13.
ENDING AND TRANSITIONAL PROVISIONS

Article 169.
This Constitution shall enter into force on the basis of the referendum results, from the moment of its promulgation in the Official Newsletter and shall begin to operate in accordance with the provisions of this Chapter.

Article 170.
The coat of arms and the national anthem of the Republic of Armenia shall be valid until the defining of a new coat of arms and national anthem by law.

Article 171.
The provisions of Chapter 5 of the Constitution shall begin to operate after the next elections of the Parliament, which shall be held according to the procedure prescribed by Article 77 of the Constitution.

Article 172.
1. The acting President of the Republic shall exercise his/her authorities until the elections of the President of the Republic by the newly elected Parliament.
2. The newly elected Parliament shall hold the elections of the President of the Republic no later than 30 days after the first sitting of the Parliament.

Article 173.
1. The newly elected Parliament shall, upon the presentation of the Government, adopt a new law "On the Procedure of the Entry into Force of the Constitution of the Republic of Armenia".
2. The provision in part 2 of Article 14 of the Constitution shall not apply to crimes committed before the placement of this Constitution into operation.
3. The Constitution shall, except for the provisions of Chapter 10, begin to operate fully from June 1, 2004.
4. The elections of the local self-government bodies shall be held in the autumn of 2004, after which the local self-government bodies shall assume the authorities reserved to them by the Constitution.

Article 174.
Before January 1, 2004 the Parliament shall make corresponding amendments and supplements to those laws of the Republic of Armenia, the norms of which contradict the norms of international treaties ratified by the Republic of Armenia from the moment of the establishment of the Republic of Armenia.

Article 175.
The day the Constitution is adopted shall be proclaimed a holiday known as Constitution Day.