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22.02.2007

Non official translation

THE LAW OF THE REPUBLIC OF ARMENIA

ON THE PROSECUTION

CHAPTER 1

GENERAL PROVISIONS

Article 1. The Prosecution

1. The Republic of Armenia Prosecution (hereinafter, “the Prosecution”) is a unified system that is headed by the Prosecutor General of the Republic of Armenia (hereinafter, “the Prosecutor General”).

2. The Prosecution exercises powers vested in it by the Republic of Armenia Constitution (hereinafter, “the Constitution”) through prosecutors in accordance with the procedure defined by this Law and other laws.

Article 2. Legislation on the Prosecution

1. The powers of the Prosecution are stipulated by the Constitution, and the procedure of exercising them—by law.

2. The procedure of organizing the Prosecution activities shall be stipulated by this Law, other laws, internal legal acts adopted by the Prosecutor General in accordance therewith, and, in cases provided by law, also other legal acts.

Article 3. Definitions

For purposes of this Law, the following terms shall have the following meanings:

Prosecutor: the Prosecutor General, his deputies, the Military Prosecutor, the Yerevan City Prosecutor, the Yerevan City districts prosecutors, the Marz prosecutors, the garrison military prosecutors, senior prosecutors and prosecutors of the General Prosecution Office, department and division heads of the General Prosecution Office, deputy department heads of the General Prosecution Office, deputy military prosecutors of the City of Yerevan, districts of the City of Yerevan, Marzes, and garrisons, deputies of the Military Prosecutor, senior prosecutors and prosecutors functioning within the departments and divisions of the General Prosecution Office, senior prosecutors and prosecutors of the prosecution offices of the City of Yerevan, districts of the City of Yerevan, and Marzes, and military prosecution offices of garrisons, division heads of the Central Military Prosecution Office, senior prosecutors and prosecutors of the Central Military Prosecution Office, and senior prosecutors and prosecutors functioning within divisions of the Central Military Prosecution Office;

Prosecution: the General Prosecution Office of the Republic of Armenia, the Central Military Prosecution Office, the prosecution offices of the City of Yerevan, the districts of the City of Yerevan, and the Marzes, and the garrison military prosecution offices.

Article 4. Powers of the Prosecution

1. In accordance with Article 103 of the Constitution, the Prosecution shall, in the cases and procedure stipulated by law:

1) Instigate criminal prosecution;

2) Supervise the lawfulness of inquest and investigation;

3) Defend the charges in court;

4) File court claims on the protection of state interests;

5) Appeal against court judgments, rulings, and decisions; and

6) Supervise the lawfulness of the enforcement of sentences and other compulsory measures.

Article 5. Publicity of the Prosecution Activities

1. The Prosecution shall inform the public of activities carried out by it insofar as it does not contradict human and civil rights, liberties, and lawful interests, and the protection of state secrets and other secrets protected by law.

2. Every year, the Prosecutor General shall present a message to the National Assembly of the Republic of Armenia (hereinafter, “the National Assembly”) and the President of the Republic on the previous year’s activities of the Prosecution.  The message to the National Assembly shall be presented in accordance with the procedure stipulated by the Statute of the National Assembly.

Article 6. Autonomy of the Prosecutor and Prohibition to Interfere with the Prosecutor’s Activities

1. In the exercise of his powers, every prosecutor shall take decisions autonomously based on laws and inner conviction, and shall be responsible for decisions taken by him.

2. Any interference with the prosecutor’s activities, which is not prescribed by law, shall be prohibited.

Article 7. Prosecutor Not Politicized

1. A prosecutor may not be a member of any party or engage in any other political activity.  Under any circumstance, a prosecutor shall be obliged to display political self-restraint and neutrality.

2. A prosecutor may take part in state and local government elections only as a voter.  A prosecutor may not take part in the pre-election campaign.

CHAPTER 2

PROSECUTION SYSTEM OF THE REPUBLIC OF ARMENIA

Article 8. The Prosecution System

The Prosecution shall consist of:

1) The General Prosecution Office;

2) The Yerevan City Prosecution Office;

3) The Prosecution Office of the Erebouni and Nubarashen Districts of Yerevan;

4) The Prosecution Office of the Kentron and Nork-Marash Districts of Yerevan;

5) The Prosecution Office of the Ajapnyak and Davtashen Districts of Yerevan;

6) The Prosecution Office of the Avan and Nor Nork Districts of Yerevan;

7) The Prosecution Office of the Arabkir and Kanaker-Zeytun Districts of Yerevan;

8) The Prosecution Office of the Shengavit District of Yerevan;

9) The Prosecution Office of the Malatia-Sebastia District of Yerevan;

10) The Kotayk Marz Prosecution, with a center in the City of Hrazdan;

11) The Ararat Marz Prosecution, with a center in the City of Artashat;

12) The Armavir Marz Prosecution, with a center in the City of Armavir;

13) The Aragatsotn Marz Prosecution, with a center in the City of Ashtarak;

14) The Shirak Marz Prosecution, with a center in the City of Gyumri;

15) The Lori Marz Prosecution, with a center in the City of Vanadzor;

16) The Tavush Marz Prosecution, with a center in the City of Ijevan;

17) The Gegharkunik Marz Prosecution, with a center in the City of Gavar;

18) The Vayotz Dzor Marz Prosecution, with a center in the City of Yeghegnadzor;

19) The Syunik Marz Prosecution, with a center in the City of Kapan;

20) The Central Military Prosecution Office, with a center in the City of Yerevan; and

21) Garrison military prosecution offices, distributed in accordance with the distribution of the armed forces.

Article 9. The General Prosecution Office

1. The General Prosecution Office shall consist of departments and divisions.

2. Each department of the General Prosecution Office shall consist of a department head, a deputy department head, and senior prosecutors and prosecutors of the department.  Each division of the General Prosecution Office shall consist of a division head and senior prosecutors and prosecutors of the division.

3. Within the General Prosecution Office, directly subordinate to the Prosecutor General or his deputies, senior prosecutors and prosecutors of the General Prosecution Office shall function.

4. The seat of the General Prosecution Office shall be in the City of Yerevan.

Article 10. The Prosecutor General

1. The Prosecutor General shall:

1) Manage the Prosecution;

2) Define a policy for exercising the constitutional powers of the Prosecution and ensure supervision of the implementation of the policy;

3) Distribute the work between his deputies;

4) Approve the structure of the General Prosecution Office and the Military Prosecution Office, and define the scope of powers of the structural units of the General Prosecution Office and the Military Prosecution Office;

5) Define the number of staff positions in the Prosecution within the limits of the wage fund stipulated by law;

6) Within the limits of his authority, adopt internal and individual legal acts and, in cases stipulated directly by law, also normative legal acts;

7) Approve the Code of Conduct for Prosecutors;

8) Approve the Staff By-Laws of the Prosecution;

9) Approve and amend the list of public servants’ position names and the number of such positions in the Prosecution Staff;

10) Exercise the powers of the founder of the “Prosecution Staff” State Governance Institution and the “Prosecutorial School” State Non-Commercial Organization, as prescribed by law;

11) Create councils attached to the Prosecutor General and define the procedure of their activities; and

12) Exercise other powers vested in him by law.

2. The Prosecutor General may exercise the powers stipulated by Article 103 of the Constitution throughout the Republic of Armenia territory.

3. The Prosecutor General may, in accordance with the procedure stipulated by the Republic of Armenia Law on the Constitutional Court, apply to the Constitutional Court raising the constitutionality of a legal act related to a specific case pending in Prosecution proceedings, participate in the case examination in the Constitutional Court, or appoint a representative to participate in the case examination.

Article 11. The Deputy Prosecutor General

1. The Deputy Prosecutor General shall:

1) Coordinate the activities of the area assigned to him by the Prosecutor General;

2) Within the limits of his authority, adopt internal and individual legal acts;

3) File motion to encourage or apply disciplinary sanctions against prosecutors;

4) During the temporary absence of the Prosecutor General, replace the latter if so ordered by him.  If such an order is impossible, the deputy prosecutor general that is the most senior by age shall temporarily replace the Prosecutor General; and

5) Exercise other powers vested in him by law.

2. The Deputy Prosecutor General shall, within the limits of the area assigned to him, exercise all the powers stipulated by Article 103 of the Constitution.

Article 12. Department (Division) Head in the General Prosecution Office

1. A department (division) head in the General Prosecution Office shall:

1) Organize the activities of the department (division) headed by him;

2) Ensure the performance of the instructions and orders of the Prosecutor General and his deputies; and

3) Make suggestions to the deputy prosecutor general coordinating the relevant area about encouraging or applying disciplinary sanctions against employees of the department (division).

2. A department (division) head in the General Prosecution Office shall be responsible for the activities of his department before the Prosecutor General and the deputy coordinating the relevant area.

Article 13. Yerevan City Prosecution Office

1. The Yerevan City Prosecution Office shall ensure the exercise in Yerevan of the powers stipulated by Article 103 of the Constitution insofar as their exercise is not assigned to the Military Prosecution Office.  The powers stipulated by sub-paragraphs 2 and 3 of Article 103(4) of the Constitution and, in criminal cases, also by sub-paragraph 5 of Article 103(4) shall be exercised by the Yerevan City Prosecution Office in cases in which the pre-trial proceedings have been conducted by city authorities responsible for pre-trial proceedings.

2. The rule contained in Paragraph 1 of this Article shall not limit the powers of the Yerevan City Prosecutor as a higher-ranking prosecutor.

3. The Yerevan City Prosecution Office shall consist of the Yerevan City Prosecutor, his deputies, and senior prosecutors and prosecutors of the Yerevan City Prosecution Office.

4. The seat of the Yerevan City Prosecution Office shall be in the City of Yerevan.

Article 14. The Yerevan City Prosecutor

The Yerevan City Prosecutor shall:

1) Manage the activities of the Yerevan City Prosecution Office and carry out overall administration of the activities of district prosecution offices of the City of Yerevan; and

2) Exercise the powers stipulated by Chapter 3 of this Law.

Article 15. Yerevan City District (Districts) Prosecution Office

1. In the relevant district (districts), the Yerevan City District (Districts) Prosecution Office shall ensure the exercise of the powers stipulated by Article 103 of the Constitution insofar as their exercise is not assigned to the Yerevan City Prosecution Office or to the Military Prosecution Office.

2. The Yerevan City District (Districts) Prosecution Office shall consist of the Yerevan City District (Districts) Prosecutor, his deputy, and senior prosecutors and prosecutors of the Yerevan City District (Districts) Prosecution Office.

3. The seat of a Yerevan City District (Districts) Prosecution Office shall be in the relevant district (one of the relevant districts).

Article 16. The Marz Prosecution Office

1. The Marz Prosecution Office shall ensure the exercise in the Marz of the powers stipulated by Article 103 of the Constitution insofar as their exercise is not assigned to the Military Prosecution Office.

2. The Marz Prosecution Office shall consist of the Marz Prosecutor, his deputies, and senior prosecutors and prosecutors of the Marz Prosecution Office.

3. The seat of the Marz Prosecution Office shall be in the Marz center.  If necessary, the Prosecutor General may decide that the Marz Prosecution Office may have other seats, as well.

Article 17. The Prosecutor of a District (Districts) of Yerevan and the Marz Prosecutor

The Prosecutor of a District (Districts) of Yerevan and the Marz Prosecutor shall:

1) Manage the activities of the relevant prosecution office; and

2) Exercise the powers stipulated by Chapter 3 of this Law.

Article 18. The Military Prosecution Office of the Republic of Armenia

1. The Military Prosecution Office shall ensure the exercise in the armed forces of the powers stipulated by Article 103 of the Constitution.

2. The Military Prosecution Office shall consist of the Central Military Prosecution Office and garrison military prosecution offices.

Article 19. The Military Prosecutor

1. The Military Prosecutor shall:

1) Manage and coordinate the Central Military Prosecution Office and garrison military prosecution offices; and

2) Exercise the powers stipulated by Chapter 3 of this Law.

2. The Military Prosecutor shall ex officio be a deputy of the Prosecutor General.

3. The Central Military Prosecution Office shall consist of divisions.

4. Within the Central Military Prosecution Office, deputies of the Military Prosecutor, division heads of the Central Military Prosecution Office, senior prosecutors and prosecutors of the Central Military Prosecution Office, and senior prosecutors and prosecutors of the divisions of the Central Military Prosecution Office shall function.

5. The seat of the Central Military Prosecution Office shall be in the City of Yerevan.

Article 20. The Garrison Military Prosecution Office

1. The Garrison Military Prosecution Office shall ensure the exercise in the relevant garrison of the powers stipulated by Article 103 of the Constitution.

2. The Garrison Military Prosecution Office shall consist of the Garrison Military Prosecutor, his deputy, and senior prosecutors and prosecutors of the Garrison Military Prosecution Office.

3. The seat of the Garrison Military Prosecution Office shall be determined by the Military Prosecutor in accordance with the distribution of garrisons.

Article 21. The Garrison Military Prosecutor

The Garrison Military Prosecutor shall:

1) Manage the Garrison Military Prosecution Office; and

2) Exercise the powers stipulated by Chapter 3 of this Law.

Article 22. The Prosecution Collegium

1. In order to discuss fundamental issues related to the organization of the Prosecution activities, a collegium shall function in the Prosecution, chaired by the Prosecutor General.

2. The Collegium shall consist of the Prosecutor General and 12 members.  The Collegium members shall be the deputies of the Prosecutor General, department heads of the General Prosecution Office, and other prosecutors appointed to the Collegium by decree of the Prosecutor General.

3. Decisions of the Prosecution Collegium shall be implemented by decrees of the Prosecutor General.

4. The procedure of activities of the Prosecution Collegium shall be defined by the Prosecutor General.

Article 23. Ethics and Qualification Committees Attached to the Prosecutor General

1. Ethics and Qualification Committees shall function in attachment to the Prosecutor General.

2. The Ethics and Committee shall have seven members.  The Ethics Committee shall consist of one deputy of the Prosecutor General and two prosecutors, appointed to this Committee by the Prosecutor General, and four law academic members appointed to this Committee by the President of the Republic for a three-year term.  The Ethics Committee shall be governed by the Deputy Prosecutor General.

3. The Qualification Committee shall have nine members.  The Qualification Committee shall consist of one deputy of the Prosecutor General, four prosecutors, and four law academics.  The Committee members shall be appointed by the Prosecutor General for a three-year term.  The Qualification Committee shall be governed by the Deputy Prosecutor General.

4. Each prosecutor may be a member of only one committee.

CHAPTER 3

ACTIVITIES OF THE PROSECUTION

Article 24. Instigation of Criminal Prosecution

1. The procedure and grounds of instigating criminal prosecution shall be defined in the Republic of Armenia Criminal Procedure Code.

2. The instigation of criminal prosecution is the exclusive power of the prosecutor.

Article 25. Supervision of the Lawfulness of Inquest and Investigation

1. As a rule, supervision of the lawfulness of inquest and investigation shall be carried out by the prosecutor that instigated the criminal prosecution in the same criminal case, unless, in cases stipulated by law, such prosecutor has been replaced by a higher-ranking prosecutor.  If criminal prosecution was instigated by the higher-ranking prosecutor, then he may assign the supervision of the lawfulness of inquest and investigation in that criminal case to a lower-ranking prosecutor.

2. When supervising the lawfulness of inquest and investigation, the prosecutor shall act autonomously, without the permission and consent of the higher-ranking prosecutor.  The higher-ranking prosecutor may not eliminate or change acts adopted by the prosecutor supervising the lawfulness of inquest and investigation, with the exception of cases provided by law.

3. The prosecutor carrying out the supervision shall be responsible for the completeness, objectivity, comprehensiveness, and effectiveness of the inquest and investigation.

4. To ensure the lawfulness of case examination, the higher-ranking prosecutor may give instructions to the supervising prosecutor.  Instructions shall be given in writing.  The supervising prosecutor is obliged to carry out an instruction by a higher-ranking prosecutor, unless he considers such instruction groundless or unlawful.  In such cases, the supervising prosecutor may refuse to carry out the instruction, providing immediate written notice thereof to the higher-ranking prosecutor that gave the instruction, which shall then have the right to personally undertake the supervision or to assign the supervision to another prosecutor.

5. The prosecutor supervising the lawfulness of inquest and investigation shall, in cases stipulated by law, have the right to take a decision on removing from the proceedings the person carrying out the inquest or investigation, but may not take a decision on appointing a new person.

6. The prosecutor supervising the lawfulness of inquest and investigation may request the relevant body conducting the inquest or investigation to carry out an internal investigation of the person conducting the inquest or investigation.

7. The request mentioned in Paragraph 6 shall be sent to the supervisor of the official that committed a violation, which shall be obliged, within a one-week period of receiving the request, start an internal investigation.

8. The procedure of supervising the lawfulness of inquest and investigation shall be defined by the Republic of Armenia Criminal Procedure Code.

Article 26. Defending Charges in Court

1. As a rule, defending charges in court shall be carried out by the prosecutor that supervised the lawfulness of inquest and investigation in the same criminal case, unless, in cases stipulated by law, such prosecutor has been replaced by a higher-ranking prosecutor.  In exceptional cases, the higher-ranking prosecutor may engage other accusers, too, in the exercise of procedural powers by the prosecutor defending charges.

2. The prosecutor defending charges must participate in the case examination in the first instance and appellate courts, including the preliminary hearings.

3. The prosecutor defending charges must, in cases stipulated by the Republic of Armenia Criminal Procedure Code, drop the charges in court.  In case of dropping the charges in court, the court shall make an acquittal judgment on the respective part of the charges.

4. If the accuser finds in the first instance court that the charges must be mitigated or increased, because, during the court examination, circumstances unknown during the pre-trial proceedings became known, the prosecutor may file motion with the court asking to postpone the court session for purposes of re-qualifying the act.  The court shall, upon motion by the prosecutor, postpone the session for purposes of performing the necessary investigative actions and putting forward new charges.  A session may be postponed for no more than one month, with the exception of cases in which longer time is reasonably needed to perform the necessary investigative actions.  Upon motion by the defendant or his advocate, or the victim or his representative, the court shall be obliged to postpone the session in order to provide time for them to become familiar with the new charges.

Article 27. Filing a Claim for the Protection of State Interests

1. The filing by a prosecutor of a claim for the protection of state interests shall include:

1) Filing a claim for the protection of the pecuniary interests of the state in the frameworks of civil procedure;

2) Filing a claim for the protection of the pecuniary and non-pecuniary interests of the state in the frameworks of administrative procedure; and

3) Filing a claim for compensation of pecuniary damage inflicted upon the state as a direct consequence of a crime in the frameworks of criminal procedure.

2. The prosecutor shall file a claim for the protection of state interests only if:

1) During the exercise of his powers, the prosecutor finds that a state or local government body that had the right to file a claim on such matters related to the protection of state interests, having knowledge of the violation of state interests, did not file such a claim in a reasonable period or did not file such a claim after receiving the prosecutor’s suggestion to do so, or

2) The state interests were violated in respect of matters for which no state or local government body has the right, under the legislation, to file a claim, or

3) A competent state or local government body asked the prosecutor to file a claim, or

4) The crime has directly inflicted pecuniary damage upon the state; or

5) The claim for the protection of state interests is filed in courts of other countries or in an arbitration tribunal outside the Republic of Armenia territory, with the exception of cases in which the Republic of Armenia Government (hereinafter, “the Government”) authorizes another body or organization for such purposes.

3. In the cases stipulated by sub-paragraphs 1, 2, 4, and 5 of Paragraph 2 of this Article, the prosecutor is obliged to file a court claim for the protection of state interests.

4. If the prosecutor considers that sufficient grounds are present for filing a claim for the protection of state interests, he shall have the right, before filing a claim, to warn the person that inflicted damage upon state interests of the need to compensate such damage voluntarily.

5. For the purposes of this Article, the power to file a claim includes the exercise of all rights and the performance of all duties that are attributed to the plaintiff, applicant, or respondent under the procedural law.

6. If grounds for filing a claim for the protection of state interests are present, the prosecutor may decide, for purposes of preparing materials:

1) To carry out audits in state and local government bodies and state non-commercial organizations, and to demand and receive legal acts, documents, and other information; and

2) To demand and receive explanations from officials of state and local government bodies and state non-commercial organizations.

7. The prosecutor shall exercise the powers stipulated by Paragraph 6 of this Article also in cases in which the information on a violation of state interests came from the Republic of Armenia President, Government, Chamber of Controls, an ad hoc committee of the National Assembly, or the National Assembly, by a decision taken as a result of reviewing inquiries.

8. The powers stipulated by Paragraph 6 of this Article shall not go beyond the scope of the claim for the protection of state interests.

Article 28. Appealing Court Judgments, Rulings, and Decisions

1. The prosecutor that participates in the case must appeal non-final judicial acts that, in his opinion, are groundless or unlawful.

2. Non-final judicial acts of courts in criminal cases may be appealed by the accusing prosecutor that participated in the court examination or by a higher-ranking prosecutor.

3. Non-final judicial acts of courts in civil cases may be appealed by the prosecutor that participated in the court examination or by a higher-ranking prosecutor.

4. The appeal shall be defended by the prosecutor that lodged the appeal.  If the appeal was lodged by the Prosecutor General or his deputy, then the appeal shall be defended by the Prosecutor General or his deputy or another prosecutor as instructed by the Prosecutor General or his deputy, respectively.

5. In criminal cases, the civil claim component of a judicial act may be appealed by the prosecutor, if it concerns the state’s pecuniary interests.

6. A cassation complaint against a final judicial act may be lodged by only the prosecutor general and his deputies.  A final judicial act on a civil or administrative case concerning the state’s pecuniary interests may be appealed by the Prosecutor General or his deputies regardless of the Prosecution’s participation in the examination of the case.

7. The appeal lodged by the prosecutor may be taken back by the prosecutor that lodged such appeal or by a higher-ranking prosecutor.

8. In court, a prosecutor shall have the right, without any hindrance, to become familiar with case materials and to receive copies of the case materials.

Article 29. Supervision of the Lawfulness of Enforcing Sentences and Other Compulsory Measures

1. The prosecutor shall supervise the lawfulness of the enforcement of sentences and other compulsory measures.

2. For the purposes of this Article, “sentences” shall mean sentences stipulated by criminal law.

3. For the purposes of this Article, “other compulsory measures” shall mean deprivation of liberty in the cases stipulated by sub-paragraphs 2-7 of Article 16(1) of the Constitution and the use by special services of physical force, arms, or special means.

4. When exercising the powers stipulated by this Article, the prosecutor shall have the right:

1) At any time, without any hindrance, to visit all places in which persons deprived of liberty are kept;

2) To become familiar with documents based on which a person was subjected to a sentence or another compulsory measure;

3) To check the conformity with the legislation of such orders, instructions, and decisions of the administration of bodies enforcing sentences and other compulsory measures, which concern the fundamental rights of the person subjected to a sentence or other compulsory measures.  When discovering an act that contradicts the legislation, the prosecution shall file motion to revise it; when the prosecutor considers that a delay may lead to grave consequences, the prosecutor has the right to suspend the validity of the act and to file motion to revise it;

4) To interrogate persons subjected to a sentence or other compulsory measures;

5) To release immediately persons kept unlawfully in places of deprivation of liberty and in penal and disciplinary isolators of such places, and, if a person was deprived of liberty on the basis of a legal act of the administration of the place of deprivation of liberty, then the person that adopted such act shall be obliged, if so instructed by the prosecutor, to eliminate the act with no delay; and

6) In case of doubt that the rights and liberties of persons subjected to a sentence or other compulsory measures have been breached, to demand explanations from officials on actions taken by the latter or their inaction.

5. The prosecutor shall participate in the court examination of motions to release the convict conditionally and prematurely from the serving of the sentence, to terminate the conditional premature release, to replace the unserved part of the sentence with a less severe sentence, or to release from serving the sentence due to grave illness or other emergency.

Article 30. Prosecutorial Acts

1. In the cases stipulated by this Law and the procedure codes, the prosecutor shall adopt a decision, issue an order , file motion, or give instructions.

CHAPTER 4

PROCEDURE AND TERMS OF PROSECUTORS’ SUBORDINATION, APPOINTMENT, AND DISMISSAL

Article 31. Official Subordination in the Prosecution

1. The Prosecutor General shall rank higher than all the prosecutors.

2. The Deputy Prosecutor General shall rank higher than all the prosecutors in the area coordinated by him.

3. The Marz Prosecutor shall rank higher than all the prosecutors of the Marz Prosecution Office.

4. The Yerevan City Prosecutor shall rank higher than all the prosecutors of the districts of the City of Yerevan and all the prosecutors functioning within the Yerevan City Prosecution Office and the Yerevan City district prosecution offices.

5. The Military Prosecutor shall rank higher than the garrison military prosecutors and prosecutors functioning within the Central Military Prosecution Office and the garrison military prosecution offices.

6. The prosecutor that ranks immediately higher shall:

1) Follow compliance with work discipline and, when finding a violation, make an appropriate report to the Prosecutor General, if necessary;

2) Follow the lawfulness of the performance of the prosecutors’ duties defined by law and, if a violation is found, give an instruction to the lower-ranking prosecutor and  make an appropriate report to the Prosecutor General, if necessary;

3) When finding a violation of the Code of Conduct by a prosecutor, make an appropriate report to the Prosecutor General, if necessary;

4) During the leave or other temporary absence of a prosecutor, redistribute his duties to other prosecutors, as necessary; and

5) Exercise other powers vested in him by law.

7. A higher-ranking prosecutor’s instructions and orders to a lower-ranking prosecutor in matters of organizing the activities of the Prosecution shall be binding.

8. A higher-ranking prosecutor may terminate or change acts adopted by the lower-ranking prosecutor, with the exception of the case stipulated by Article 25(2) of this Law.

9. A higher-ranking prosecutor shall review and decide on complaints filed against acts and the actions (inaction) of a lower-ranking prosecutor.

10. A lower-ranking prosecutor must, if so demanded by a higher-ranking prosecutor, submit to the latter reports and information on his activities, as well as cases and materials from his proceedings.

11. A lower-ranking prosecutor must carry out all the lawful instructions of a higher-ranking prosecutor, with the exception of the case stipulated by Article 25(4) of this Law.

12. In case of disagreeing with the orders, instructions, and directives of a higher-ranking prosecutor, a prosecutor may appeal against them to the prosecutor ranking higher than the one that issues the order or instruction.  An appeal shall not eliminate the binding nature of the order, instruction, or directive, unless the prosecutor considers the instruction unlawful.

Article 32. General Requirements for Appointment to a Position in the Prosecution

A Republic of Armenia citizen residing permanently in the Republic of Armenia may be appointed as a prosecutor, if he or she:

1) Has obtained in the Republic of Armenia a Bachelor’s degree or a “specialist with diploma” degree in higher legal education, or has obtained a similar degree in a foreign state, which has been recognized and confirmed in terms of adequacy in the Republic of Armenia in accordance with the procedure stipulated by law; and

2) Masters the literary Armenian language.

Article 33. Persons Who May not Hold a Position in the Prosecution

1. A person may not hold a position in the Prosecution, if:

1) He has been declared by court to have no legal capacity or limited capacity;

2) He has been convicted by a crime, regardless of whether the conviction has expired or eliminated;

3) He has a physical handicap or illness that hinders his appointment to the prosecutor’s position;

4) He has not completed mandatory military service, with the exception of persons that were relieved of such service in accordance with the procedure and on a ground stipulated by law; and

5) His criminal prosecution has been terminated on a non-acquittal ground.

2. The list of physical handicaps and illnesses referred to in Paragraph 1(3) of this Article shall be defined by the Government.

Article 34. Preparing the List of Prosecutor Candidates

1. The list of prosecutor candidates shall be supplemented by the Prosecution Qualification Committee once a year, which shall, as a rule, be done in January of each year through an open competition carried out in accordance with the procedure defined by the Prosecutor General.  If so instructed by the Prosecutor General, an additional test of aspirants may be carried out during the year in order to supplement the list of prosecutor candidates.

2. For supplementing the list of prosecutor candidates, the Qualification Committee shall publish an announcement at least a month in advance about accepting applications.

3. A person aspiring to be included in the list of prosecutor candidates must present:

1) A personal identification document;

2) A document confirming that the aspirant has higher legal education;

3) A card containing the aspirant’s biographic data, with a description of the professional legal work carried out by the aspirant after obtaining a lawyer’s degree, including the relevant evidence (such as a job description or other documents confirming the duties in the job that is to be considered as professional legal experience);

4) A document confirming that the aspirant has performed mandatory military service or has been relieved of such service or has had such service deferred in accordance with the procedure stipulated by law (this requirement only applies to male aspirants); and

5) A document issued in accordance with the procedure stipulated by the Government, confirming the absence of physical handicap and illnesses that hinder one’s appointment to a prosecutor’s position.

4. An applicant has the right to present also recommendation letters.

5. Applications submitted in breach of the established deadline for submission and applications that do not meet the requirements stipulated by law shall be rejected and returned by the Qualification Committee within three working days.  The Qualification Committee’s decision to reject an application may be appealed to the administrative court by the applicant within three working days of receiving the rejection.  The administrative court shall examine and solve the case within three working days of receiving it.

6. A judicial appeal against the Qualification Committee’s decision to reject an application shall not suspend the procedure stipulated by this Law for accepting applications and compiling the list of prosecutor candidates.  If the Qualification Committee’s decision to reject an application is found unlawful by court, the applicant’s application shall be subject to consideration by the Qualification Committee.

7. The Qualification Committee shall check the applicant’s professional competence, practical skills, and moral attributes, as well as the conformity of documents presented by him with other requirements stipulated by law.

8. The candidacies of applicants about whom the Qualification Committee issues a positive opinion shall be submitted to the Prosecutor General, who shall include the candidates acceptable to him in the list of prosecutor candidates.

9. A person included in the list of prosecutor candidates shall, in accordance with the procedure defined by the Prosecutor General, complete a program of studies in the Prosecutorial School and take a qualification exam.  A person that has not passed the qualification exam shall be removed from the list of prosecutor candidates.

10. A person shall be relieved of the requirement to study and take a qualification exam, if such person:

1) Has three years of professional work experience as a prosecutor, judge, investigator, or advocate, unless more than five years have passed since the person stopped performing such work;

2) Has a PhD degree in Law; or

3) Has a PhD Candidate degree in law and five years of experience working as a lawyer.

11. At the request of a person relieved from the duty to study in the Prosecutorial School, the Qualification Committee may consider the issue of including the applicant concurrently in both the list of prosecutor candidates and the official promotion list.

Article 35. Official Promotion List of Prosecutors

The Official Promotion List of Prosecutors shall be compiled by the Qualification Committee:

1) During the regular attestation of prosecutors;

2) In an extraordinary procedure, when the Prosecutor General or his deputies submit a proposal to the Qualification Committee on including a prosecutor in the promotion list as an encouragement, together with an appropriate assessment.  The prosecutor shall be included in the Official Promotion List of Prosecutors in case the Qualification Committee has issued a positive opinion; and

3) In exceptional cases, when the Qualification Committee decides that a person relieved of the duty to study in the Prosecutorial School shall be included concurrently in both the list of prosecutor candidates and the Official Promotion List of Prosecutors.

Article 36. Appointment to a Position in the Prosecution

1. The Prosecutor General shall be appointed by the National Assembly upon nomination by the President of the Republic.  The Prosecutor General shall serve in office for a six-year term.  The same person may not be appointed as the Prosecutor General for more than two consecutive terms.

2. The deputies of the Prosecutor General shall be appointed by the President of the Republic upon nomination by the Prosecutor General.

3. To be eligible for appointment to the position of a Deputy Prosecutor General, a person must have at least five years of experience working as a judge, prosecutor, advocate, investigator, or lawyer in a state or local government body, or at least 10 years of other work experience as a lawyer.

4. Prosecutors of the General Prosecution Office, prosecutors functioning within the departments and divisions of the General Prosecution Office, the Yerevan City prosecutors, the Yerevan City districts’ prosecutors, the Marz prosecutors, garrison military prosecution offices’ prosecutors, prosecutors of the Central Military Prosecution Office, and prosecutors functioning within divisions of the Central Military Prosecution Office shall be appointed by the Prosecutor General from among such persons included in the list of prosecutor candidates, which, having completed their studies, have successfully passed the qualification exam in the Prosecutorial School or have been relieved of the duty to study in the Prosecutorial School on the basis of Article 35(10) of this Law.  When appointed to office, a person shall be removed from the list of prosecutor candidates by the Prosecutor General.

5. Senior prosecutors of the General Prosecution Office, division heads of the General Prosecution Office, deputy department heads of the General Prosecution Office, deputy prosecutors of the City of Yerevan, districts of the City of Yerevan, and Marzes, deputy military prosecutors of garrisons, the deputies of the Military Prosecutor, senior prosecutors functioning within the departments and divisions of the General Prosecution Office, senior prosecutors of the prosecution offices of the City of Yerevan, districts of the City of Yerevan, and Marzes, and senior prosecutors of the military prosecution offices of garrisons, division heads of the Central Military Prosecution Office, senior prosecutors of the Central Military Prosecution Office, and senior prosecutors functioning within the divisions of the Central Military Prosecution Office shall be appointed by the Prosecutor General from among the number of persons included in the Promotion List of Prosecutors.  When appointed to office, a person shall be removed from the Promotion List of Prosecutors by the Prosecutor General.

6. Prosecutors of the City of Yerevan, districts of the City of Yerevan, and Marzes, military prosecutors of garrisons, and department heads of the General Prosecution Office shall be appointed by the Prosecutor General from among the number of persons included in the Promotion List of Prosecutors, if the Qualification Committee has issued a positive opinion on the appointment of such person to the relevant position.  When appointed to office, a person shall be removed from the Promotion List of Prosecutors by the Prosecutor General.

Article 37. Prosecution Ranks

1. The following ranks shall be instituted in the Prosecution:

1) State Counselor of Justice;

2) First Category State Counselor of Justice;

3) Second Category State Counselor of Justice;

4) Third Category State Counselor of Justice;

5) First Category Counselor of Justice;

6) Second Category Counselor of Justice;

7) Third Category Counselor of Justice;

8) First Category Counselor;

9) Second Category Counselor; and

10) Third Category Counselor.

2. The ranks of the State Counselor of Justice, the First Category State Counselor of Justice, the Second Category State Counselor of Justice, and the Third Category State Counselor of Justice are supreme ranks that shall be awarded by the President of the Republic.

3. Other ranks of Prosecution shall be awarded by the Prosecutor General.

4. Ranks shall be awarded to the Prosecutor General and to his deputies within the limits of the maximum rank stipulated for their respective positions.  In other positions in the Prosecution, ranks shall be awarded in the order of sequence, within the limits of the maximum rank stipulated for the respective position, within 15 days of completing the stipulated term of service in the previous rank, with the exception of cases provided by this Law.

5. Prosecution ranks shall be awarded individually for life.

Article 38. Ranks Corresponding to Prosecution Positions

1. The higher limit of the rank corresponding to the Prosecutor General’s position is the rank of the State Counselor of Justice.  The lower limit of the rank corresponding to the Prosecutor General’s position is the rank of the First Category State Counselor of Justice.

2. The higher limit of the rank corresponding to the Deputy Prosecutor General’s position is the rank of the First Category State Counselor of Justice.  The lower limit of the rank corresponding to the Deputy Prosecutor General’s position is the rank of the Second Category State Counselor of Justice.

3. The higher limit of the rank corresponding to the positions of a department head in the General Prosecution Office, the Yerevan City Prosecutor, and a Deputy Military Prosecutor is the rank of the Second Category State Counselor of Justice.

4. The higher limit of the rank corresponding to the positions of a Marz Prosecutor, a District Prosecutor of the City of Yerevan, a garrison military prosecutor, a deputy department head in the General Prosecution Office, a division head in the General Prosecution Office, a senior prosecutor in the General Prosecution Office, and a deputy prosecutor of the City of Yerevan is the rank of the Third Category State Counselor of Justice.

5. The higher limit of the rank corresponding to the positions of a senior prosecutor and prosecutor in a department or division of the General Prosecution Office, a division head in the Central Military Prosecution Office, a senior prosecutor in the Central Military Prosecution Office, a deputy prosecutor of a Marz or of a district of the City of Yerevan, a deputy military prosecutor of a garrison, and a prosecutor in the General Prosecution Office is the rank of the First Category Counselor of Justice.

6. The higher limit of the rank corresponding to the positions of a senior prosecutor and prosecutor of the Yerevan City Prosecution Office, a senior prosecutor and prosecutor of the Central Military Prosecution Office, a prosecutor of the Central Military Prosecution Office, and a senior prosecutor of the Marz prosecution offices, the Yerevan City district prosecution offices, and the garrison military prosecution offices is the rank of the Second Category Counselor of Justice.

7. The higher limit of the rank corresponding to the positions of a prosecutor of the Marz prosecution offices, the Yerevan City district prosecution offices, and the garrison military prosecution offices is the rank of the Third Category Counselor of Justice.

Article 39. Prosecution Rank Awarding Terms

1. The rank of the Third Category Counselor is an entry-level rank that is awarded from the time a person is appointed to office in the Prosecution.

2. For awarding the next rank in the sequence of ranks in accordance with the procedure stipulated by this Law, the following time limits shall apply:

1) Two years for someone that has the rank of the Third Category Counselor;

2) Three years for someone that has the rank of the Second Category Counselor;

3) Three years for someone that has the rank of the First Category Counselor;

4) Four years for someone that has the rank of the Third Category Counselor of Justice; and

5) Five years for someone that has the rank of the Second Category Counselor of Justice.

3. A service term shall not be required for awarding the highest rank to someone that has the rank of the First Category Counselor of Justice.

4. The term during which a person had the previous prosecution rank shall be calculated from the day following the date on which the legal act on awarding such rank was signed.

5. In case of the attestation being delayed in accordance with the procedure stipulated by this Law, being sent on an official trip, having a disciplinary sanction, suspending the prosecutorial powers, or being subject to ongoing disciplinary proceedings against the prosecutor, the awarding of the next rank to prosecution servants shall be postponed until the aforementioned obstacles are no longer.

Article 40. Oath of the Prosecutor

1. A person that takes on a prosecutor’s position for the first time shall assume the position by taking the following oath in an official setting in a session of the Prosecution Collegium:

“I swear in the exercise of my official powers to abide strictly by the Republic of Armenia Constitution and laws, to protect human and civil rights and liberties, and the Republic of Armenia constitutional order and security from criminal encroachments, to ensure that my activities contribute to strengthening lawfulness, and to uphold the reputation of the Prosecution and the stature and reputation of the prosecutor.”

2. The procedure by which prosecutors take oath shall be defined by the Prosecutor General.

Article 41. Rights of the Prosecutor

1. A prosecutor shall have the right:

1) To become familiar with and present explanations on all the materials of his personal case, assessments of his performance, and other documents;

2) To receive, in accordance with the established procedure, the information and materials necessary for the performance of his official duties;

3) To discuss issues and take decisions within the limits of his authority;

4) To demand that internal investigation be carried out in the established cases and procedure;

5) To receive remuneration, supplements, and other payments stipulated by law;

6) To social protection and security;

7) To legal protection;

8) To be promoted and to receive a higher rank in accordance with the established procedure;

9) To be trained in the established cases and procedure at the expense of the state budget and other funds not prohibited by the Republic of Armenia legislation; and

10) To make recommendations on improving the activities of the Prosecution.

2. A prosecutor may appeal against legal acts and actions (inaction) limiting his rights.

3. A prosecutor has other rights stipulated by this Law and other legal acts.

Article 42. Responsibilities of the Prosecutor

1. The main responsibilities of the prosecutor are:

1) To be familiar with the legal acts defining the rights and responsibilities associated with his position;

2) To comply with the requirements of the Constitution, laws, and other legal acts;

3) To ensure professional competence and practical skills;

4) To ensure the protection of rights and lawful interests of humans and citizens;

5) To examine and process suggestions, applications, and complaints in the established terms and procedure;

6) To maintain work discipline;

7) To comply with the requirements stipulated by the Republic of Armenia legislation for working with documents containing state secrets, official secrets, or other confidential information protected by law, also after termination of office;

8) To submit an income declaration in accordance with the procedure stipulated by law; and

9) To comply with the rules of professional conduct of prosecutors.

2. The prosecutor shall also have other responsibilities stipulated by law and other legal acts.

Article 43. Restrictions Applied to Prosecutors

1. A prosecutor may not occupy a state or local government position unrelated to the performance of his duties, or a position in for-profit organizations, or perform other paid work, with the exception of scientific, pedagogic, and creative work.

2. Payment to the prosecutor for scientific, pedagogic, and creative work may not exceed the reasonable amount, i.e. the amount that would be paid to a non-prosecutor of similar qualification for the same work.

3. A prosecutor may not be a sole entrepreneur.

4. A prosecutor may not be a participant in economic companies or a depositor in a trust-based association, if, in addition to participation in the General Meeting of the company, the prosecutor is to engaged in the performance of managerial or other leadership functions in the organization.

5. A prosecutor may not:

1) Be a third party representative, with the exception of cases in which he represents his family members or persons under his guardianship (custody);

2) Use his official position for the interests of parties or non-governmental or religious organizations, preaching a certain attitude towards them, or carrying out other political or religious activities during the performance of his official duties;

3) Be a member of a trade union;

4) Organize or take part in strikes, demonstrations, rallies, or protests;

5) Receive honorarium for publications or speeches made as a part of his official duties;

6) Use material, technical, financial, and information resources, state-owned assets, and official information for non-work-related purposes; or

7) Receive gifts, amounts, or services from other persons for the performance of his official duties, with the exception of cases stipulated by law.

6. A prosecutor may not work jointly with a person related to him by close family relationship or an in-law relationship (parents, spouse, child, sibling, parents-in-law, spouse’s child, or spouse’s sibling), if their service is related to direct subordination to one another.

Article 44. Legal Protection of Prosecutors

1. In the performance of their work, prosecutors shall be independent and shall abide only by law.

2. A prosecutor may not be dismissed from his position, with the exception of cases and in the procedure stipulated by the Constitution and this Law.

3. Creating obstacles to the performance of a prosecutor’s official duties, insulting a prosecutor in connection with his work, or encroaching or threatening to encroach on his or his family members’ life, health, or property shall give rise to liability prescribed by law.

4. A prosecutor may not be apprehended without the Prosecutor General’s consent, with the exception of cases in which a prosecutor is apprehended on the basis of a judicial act.

5. Criminal prosecution in relation to a prosecutor may be instigated by the Prosecutor General.

Article 45. Incentives for Prosecutors

1. The following incentives may be applied to prosecutors for the proper performance of official duties, work success, or other achievements:

1) An expression of gratitude;

2) Awarding a monetary prize or a souvenir;

3) Granting an additional paid leave for 10 days;

4) Awarding the “Honorary Employee of the Prosecution” degree and an appropriate medal;

5) Awarding the next rank earlier; or

6) Awarding a rank that is one degree above the higher limit of the rank stipulated by Article 38 hereof.

2. A prosecutor may also be encouraged by means of ordering the early termination of a current disciplinary sanction.

3. The incentive stipulated by Paragraph 1(5) of this Article may be applied in relation to a prosecutor only once during the whole term of service.

4. The incentives stipulated by Paragraphs 1(1), 1(2), 1(3), 1(4), 1(5), and 2 of this Article may be applied by the Prosecutor General.

5. The incentive stipulated by Paragraph 1(6) of this Article may be applied by the official that has the power to award the relevant rank.

6. The procedure of proposing an incentive shall be defined by the Prosecutor General.

Article 46. Grounds for Disciplining Prosecutors

A prosecutor may be disciplined in the following cases:

1) The improper performance of official duties;

2) Gravely or repeatedly violating the law when exercising his powers;

3) Significantly violating the requirements of the Code of Conduct for Prosecutors;

4) Failing to comply with the requirements of Articles 42 and 43 of this Law;

5) Violating the rules of work discipline; or

6) Failing to submit an income declaration or submitting one incorrectly.

Article 47. Disciplinary Sanctions

1. Depending on the gravity of the disciplinary offence, the following disciplinary sanctions may be applied in relation to the prosecutor:

1) Warning;

2) Reprimand;

3) Severe reprimand;

4) Lowering the rank by one degree;

5) Lowering the position; or

6) Dismissal from office.

2. The Prosecutor General may apply the disciplinary sanctions stipulated by Paragraph 1 of this Article in relation to prosecutors appointed by him.

3. The Prosecutor General may apply the disciplinary sanctions stipulated by Paragraphs 1(1) and 1(2) of this Article in relation to the deputies of the Prosecutor General.

4. The sanctions stipulated by Paragraphs 1(1) and 1(2) of this Article may also be applied in relation to a prosecutor by a higher-ranking prosecutor.

5. The sanctions stipulated by Paragraphs 1(3), 1(4), and 1(6) of this Article may be applied in relation to the deputies of the Prosecutor General by the President of the Republic upon a proposal from the Prosecutor General.

6. The sanction stipulated by Paragraph 1(4) of this Article may be applied in relation to the Prosecutor General by the President of the Republic.

7. The sanctions stipulated by Paragraphs 1(3), 1(4), 1(5), and 1(6) of this Article may be applied in relation to prosecutors, other than the Prosecutor General and his deputies, only on the basis of an appropriate opinion issued by the Ethics Committee.

Article 48. Procedure of Disciplining a Prosecutor

1. In relation to the fact of a disciplinary offence, the Prosecutor General or the appropriate higher-ranking prosecutor shall instigate disciplinary proceedings against a prosecutor.

2. The procedure of conducting disciplinary proceedings in relation to a prosecutor shall be defined by the Prosecutor General.

3. A prosecutor has the right to provide explanations in relation to the disciplinary proceedings instigated against him.

4. Disciplinary proceedings shall be instigated within a 30-day period of detecting the disciplinary offence, but not later than within 12 months of the day on which the offence was committed.

5. Disciplinary proceedings may not last longer than three weeks, with the exception of cases in which the prosecutor is absent.  In such cases, the duration of disciplinary proceedings may be extended for a term equal to the term of the prosecutor’s absence

6. In the cases stipulated by Paragraphs 1(1) and 1(2) of Article 47 hereof, the disciplinary sanction shall be ordered by the person that instigated disciplinary proceedings within a three-day period of the end of such proceedings.

7. In cases stipulated by Article 47(7) hereof, the Prosecutor General shall, within a one-week period of the end of the disciplinary proceedings, present the issue to the Ethics Committee for discussion.  When discussing the issue related to the disciplinary offence, the Ethics Committee shall vote to decide whether a disciplinary offence has taken place, whether the prosecutor is guilty of the offence, and, if the Prosecutor General so requests, then also whether it is possible to apply the disciplinary sanction of “removal from office.”  Based on the appropriate opinion of the Ethics Committee, the Prosecutor General shall order the disciplinary sanction within a three-day period.

8. The prosecutor shall be notified of the disciplinary sanction no later than within a three-day period of ordering such sanction.

9. In the frameworks of the same disciplinary proceedings, even if the same prosecutor has committed several disciplinary offences, only one disciplinary sanction may be ordered in relation to the prosecutor.

10. If, within a year of the date of ordering a disciplinary sanction, the prosecutor is not subjected to a new disciplinary sanction, then he shall be considered to have no sanction.

11. The prosecutor has the right to file a court appeal in accordance with the procedure stipulated by law against the disciplinary sanction ordered against him.

Article 49. Suspension of a Prosecutor’s Powers

1. The powers of a prosecutor shall be suspended in the following cases:

1) If criminal prosecution of the prosecutor has been instigated, until such time as a final decision on the matter is taken; or

2) In case of committing such an indecent act that can serve as a basis for dismissal from office, until such time as a final decision on the disciplinary proceedings instigated on such basis is taken.

2. The powers of a Deputy Prosecutor General may be suspended by a decree of the President of the Republic.  The powers of other prosecutors may be suspended by a decree of the Prosecutor General.

3. During the term of suspension of a prosecutor’s powers, he shall retain his salary.

Article 50. Dismissing a Prosecutor from Office

1. A prosecutor may be dismissed from office on the following grounds:

1) A personal request to be dismissed;

2) Reaching the age of 65, which is the maximum up to which a prosecutor may serve in office;

3) Becoming convicted by a final judgment of court;

4) Losing citizenship of the Republic of Armenia;

5) A staff reduction;

6) Refusal to be transferred to a different unit in the Prosecution, in case of the liquidation or reorganization of the Prosecution unit in which he worked;

7) Being recognized by court to have no legal capacity, limited legal capacity, or missing;

8) Termination of the prosecutor’s criminal prosecution on a non-acquittal ground; or

9) Getting any of the illnesses or physical handicaps referred to in Article 33(2) of this Law.

2. A prosecutor may also be dismissed from office on the following grounds:

1) Violation of the procedure stipulated by this Law for the prosecutors’ appointment to office;

2) Failing to attend work for more than six consecutive months during a year due to temporarily inability to work; or

3) A decision referred to in Paragraph 14(6) of Article 54 of this Law.

3. In the cases stipulated by Paragraphs 1(5) and 1(6) of this Article, prosecutors shall be included in the reserve of prosecutors.  They shall retain their salaries for three months after being included in the reserve.

Article 51. Transferring a Prosecutor to a Lower Position

A prosecutor may not be transferred to a lower position, with the exception of the following cases:

1) When transfer to a lower position is carried out on the basis of the prosecutor’s own request;

2) When transfer to a lower position is carried out as a disciplinary sanction;

3) When transfer to a lower position is carried out on the basis of the decision referred to in Paragraph 14(5) of Article 54 of this Law.

Article 52. Termination of Powers of the Prosecutor General

1. The powers of the Prosecutor General shall be deemed to have terminated, when:

1) His term of office has expired; or

2) He has filed an application requesting the President of the Republic to dismiss him from office; or

3) He has lost citizenship of the Republic of Armenia.

2. During the term of office, the powers of the Prosecutor General may be terminated only when:

1) He has become gravely ill in such a way that the performance of his duties is or will be hindered for a lengthy period;

2) He does not perform his duties properly;

3) He has displayed conduct that undermines or does not suit the reputation of the Prosecution; or

4) There are other insurmountable obstacles to the exercise of his powers.

3. If such grounds are present, the President of the Republic shall have the right to request the National Assembly to dismiss the Prosecutor General.

Article 53. Assignment of a Prosecutor

1. A prosecutor may, for a term of up to one year, without his consent, and subject to the condition of occupying a position equal to or higher than his current position, be assigned to a different territorial prosecution office or to the Office of the Prosecutor General in case of the temporary absence, over-loading, or vacancies of prosecutors therein.

2. A prosecutor’s assignment shall be performed by a decree of the Prosecutor General.  A prosecutor of the Military Prosecution Office may also be assigned by the Military Prosecutor.  With the prosecutor’s written consent, his assignment may be extended.

3. The salary of an assigned prosecutor may not be less than what he received in his position.

4. Within a year of the end of the assignment, a prosecutor may not be assigned again without his consent.

Article 54. Attestation of Prosecutors

1. The attestation of prosecutors shall be carried out in order to determine whether the prosecution servants’ professional knowledge and work skills correspond to their positions, and whether they are suited for promotion.

2. Prosecutors shall undergo attestation once every three years.

3. An extraordinary attestation of a prosecutor  may be carried out at least one year after the regular attestation.

4. The extraordinary attestation of a prosecutor shall be carried out either on the basis of the Prosecutor General’s decree or at the wish of the prosecutor.

5. The attestation shall be carried out with the direct participation of the prosecutor.

6. The following shall not be subject to attestation:

1) The Prosecutor General and his deputies;

2) The Yerevan City Prosecutor, the prosecutors of the districts of the City of Yerevan, the Marz prosecutors, the military prosecutors of garrisons, and the department and division heads of the General Prosecution Office; and

3) Prosecutors on leave for reasons of pregnancy or care of an under-three child, unless they wish to undergo attestation.

7. Prosecution servants that are on leave for pregnancy or child care shall be subject to attestation no earlier than a year after their return from leave, unless they wish to undergo attestation earlier.

8. Prosecutors subject to attestation, which are on leave, a work-related trip, or in a state of temporary work inability shall be subject to attestation within a one-week period of return to work.

9. Prosecutors subject to attestation shall be notified of the attestation at least one month in advance.

10. The immediate supervisor shall present an assessment of the prosecutor at least two weeks prior to the attestation.

11. The assessment shall contain information about the prosecutor, his practical and personal features, and a justified evaluation of his official performance.  The assessment shall be based on the opinions of the immediate supervisor formed on the basis of reports presented to him by the prosecutor annually about the prosecutor’s performance during the period since the previous attestation.

12. The prosecutor shall become familiar with his assessment at least a week prior to the attestation day.

13. Failure to present an assessment in accordance with the procedure stipulated by this Article cannot negatively influence the outcome of a prosecutor’s attestation.

14. Based on the attestation results, the Qualification Committee shall take either of the following decisions:

1) A decision on the prosecutor being fit for the position he occupies;

2) A decision on the prosecutor being fit for the position he occupies, and on including him in the Official Promotion List of Prosecutors;

3) A decision on the prosecutor being fit for the position he occupies, subject to additional training;

4) A decision on the prosecutor being fit for the position he occupies, with a request to award the next rank earlier;

5) A decision on the prosecutor not being fit for the position he occupies, with a request to transfer him to a lower position; or

6) A decision on the prosecutor not being fit for the position he occupies, with a request to dismiss him from office.

15. The prosecutor has the right to become familiar with the attestation results and, in case of disagreeing with them, to appeal them to the Prosecutor General within a three-day period.

16. Within a three-day period of the attestation day, the Qualification Committee Chairman shall submit the opinion of the Qualification Committee to the Prosecutor General.

17. Based on the attestation results, the Prosecutor General shall take the decision on undergoing additional training no later than within a two-week period of receiving the attestation results or, in case of a prosecutor’s temporary work inability or being on leave or attending a training course, the decision based on the attestation results shall be taken within a two-week period of the day on which he returns to work.  If a request on awarding the next rank earlier, transferring to a lower position, or dismissing from office has been made, the Prosecutor General may take the relevant decision during the same term.

18. The procedure of conducting the attestation of prosecutors shall be defined by the Prosecutor General.

CHAPTER 5

MATERIAL, SOCIAL, AND OTHER SAFEGUARDS OF PROSECUTORS’ ACTIVITIES

Article 55. Remuneration of Prosecutors

1. The salary of a prosecutor shall comprise the official pay rate, supplements, and other payments stipulated by law.

2. The official pay rate of the Prosecutor General shall amount to 95% of the sum of the official pay rate of the Republic of Armenia Cassation Court Chairman and the supplement equal to one quarter of the official pay rate.

3. The official pay rate of the Deputy Prosecutor General shall be 85% of the official pay rate of the Prosecutor General.

4. The official pay rate of a department head in the General Prosecution Office, the Yerevan City Prosecutor, and the Deputy Military Prosecutor shall be 80% of the official pay rate of the Prosecutor General.

5. The official pay rate of a Marz prosecutor, a Yerevan City district prosecutor, or a garrison military prosecutor shall be 75% of the official pay rate of the Prosecutor General.

6. The official pay rate of a deputy department head in the General Prosecution Office, a division head in the General Prosecution Office, a senior prosecutor in the General Prosecution Office, or the deputy prosecutor for the City of Yerevan shall be 70% of the official pay rate of the Prosecutor General.

7. The official pay rate of a senior prosecutor in a department or division of the General Prosecution Office, a deputy prosecutor for a district of the City of Yerevan, or the deputy military prosecutor of a garrison shall be 65% of the official pay rate of the Prosecutor General.

8. The official pay rate of a prosecutor in the General Prosecution Office, a prosecutor in a department or division of the General Prosecution Office, a division head in the Central Military Prosecution Office, and a senior prosecutor in the Central Military Prosecution Office shall be 60% of the official pay rate of the Prosecutor General.

9. The official pay rate of a senior prosecutor of the Yerevan City Prosecution Office and a senior prosecutor in a division of the Central Military Prosecution Office shall be 55% of the official pay rate of the Prosecutor General.

10. The official pay rate of a prosecutor of the Yerevan City Prosecution Office, senior prosecutors in the Marz Prosecution Office, the Yerevan City district prosecution offices, and the garrison military prosecution offices, a prosecutor in the Central Military Prosecution Office, and a prosecutor in a division of the Central Military Prosecution Office shall be 50% of the official pay rate of the Prosecutor General.

11. The official pay rate of a prosecutor in the Marz Prosecution Office or the Yerevan City district prosecution offices or in the garrison military prosecution offices shall be 45% of the official pay rate of the Prosecutor General.

12. For the rank of a State Counselor of Justice, a maximum supplement shall be established in the amount of 100% of the official pay rate of the Prosecutor General.  For other ranks, a maximum supplement shall be established on the basis of the following percentages of the official pay rate of the Prosecutor General:

1) For a First Category State Counselor of Justice—85%;

2) For a Second Category State Counselor of Justice—80%;

3) For a Third Category State Counselor of Justice—75%;

4) For a First Category Counselor of Justice—65%;

5) For a Second Category Counselor of Justice—60%;

6) For a Third Category Counselor of Justice—55%;

7) For a First Category Counselor—50%;

8) For a Second Category Counselor—45%; and

9) For a Third Category Counselor—40%.

13. A prosecutor that has a rank shall receive a supplement for each year worked in the position of a prosecutor, judge, and prosecution investigator in the amount of 4% of the maximum supplement established for the rank awarded to him.  In each case, the supplement paid for the rank cannot exceed the official pay rate.

Article 56. Pension and Social Security of Prosecutors

The social, including pension security of public servants in the Prosecution shall be provided in accordance with the procedure stipulated by the Republic of Armenia legislation.

Article 57. Other Social Safeguards for Prosecutors

The state shall safeguard Prosecutors the following:

1) Safe and appropriate working conditions for the performance of official duties;

2) An annual paid leave;

3) Training, during which the prosecutors shall retain their positions and remuneration;

4) In case of disability acquired during the performance of work duties, an appropriate payment to the prosecutor or, in case of his death, payment to his family members, in accordance with the procedure stipulated by the Republic of Armenia legislation; and

5) In case of work-related trips outside the place of the prosecutor’s permanent residence, compensation of work-related travel costs in the amount and procedure stipulated by the legislation.

Article 58. Prosecutor’s Leave

1. Prosecutors shall be entitled to annual regular paid leave for 30 working days.

2. The annual regular paid leave of the prosecutor shall be granted in such a way as to not obstruct the normal functioning of the Prosecution.  The procedure of granting regular leave to prosecutors shall be defined by the Prosecutor General.

3. For the purpose of defending a scientific dissertation, a prosecutor shall be entitled to an unpaid leave for up to 30 working days.

Article 59. Uniform of Prosecutors

1. At the expense of the state budget, uniforms shall be provided to prosecutors that hold positions in the Central Military Prosecution Office and in garrison military prosecution offices.

2. The uniform description and the procedure of wearing it shall be defined by the Government.

Article 60. Prosecutor’s Participation in Educational Programs

1. All prosecutors, with the exception of the Prosecutor General and his deputies, must undergo annual training in accordance with the procedure defined by the Prosecutor General.

2. In addition to participating in mandatory training programs, a prosecutor shall have the right to participate in other educational training programs, conferences, and other professional gatherings of lawyers.  Permission to be absent during work hours for up to two days in connection with participation in such events shall be given by the respective Deputy Prosecutor General.  Permission for a longer term may be given by the Prosecutor General.  If a prosecutor has received permission, then the prosecutor’s absence in connection with participation in such events shall be considered excusable, and the prosecutor shall retain his salary.

Article 61. Security and Personal Protective Means of Prosecutors

1. A prosecutor shall have the right to keep and carry official recorded arms and special personal protective means.  Official recorded arms and special personal protective means shall be provided to prosecutors by the body authorized by the Government.

2. The procedure of keeping and carrying official recorded arms and special personal protective means shall be defined by a decree of the Prosecutor General.

3. A prosecutor and his family members shall enjoy the special protection of the state.  In the event of the threat of illegitimate encroachment upon the privacy of a prosecutor or his family members, or of the residential and office space occupied by a prosecutor, if the prosecutor so requests, the competent state authorities shall be obliged to immediately undertake all necessary measures to ensure the security of the prosecutor and his family members, and of the residential and office space occupied by the prosecutor.

CHAPTER 6

SUPPORT FOR THE ACTIVITIES OF THE PROSECUTION

Article 62. The Prosecutorial School

1. The Prosecutorial School shall:

1) Carry out the professional training of persons included in the list of prosecutor candidates;

2) Carry out the annual and additional training of prosecutors; and

3) Train public servants working in the Prosecution staff.

2. The Prosecutorial School is a non-for-profit state non-commercial organization with the status of a legal entity.

3. The activities of the School shall be regulated by this Law, the Republic of Armenia Law on State Non-Commercial Organizations, and the By-Laws of the School.  The requirements of the Republic of Armenia Law on Education shall not apply to the Prosecutorial School.

Article 63. Financing of the Prosecution

1. The Prosecution shall be financed through the Prosecution Staff in the frameworks of the expenditures contemplated by the State Budget.  The financing of the Prosecution Staff headquarters and separated subdivisions shall be reflected in the budgetary proposal and as a separate line called “Prosecution of the Republic of Armenia” in the State Budget.

2. If the budgetary proposal of the Prosecution is accepted by the Government, it shall be incorporated in the draft State Budget.  If the Government objects, then the budgetary proposal of the Prosecution shall be submitted to the National Assembly together with the draft State Budget.

3. The Government shall present to the National Assembly and the General Prosecution Office the justification of its objections to the budgetary proposal.

4. A prosecution reserve fund shall be prescribed to finance unplanned expenditures needed to ensure the normal functioning of the Prosecution.  The prosecution reserve fund shall be presented as a separate line of the budget.  The size of the reserve fund shall be equal to 2% of the Prosecution expenditures prescribed under the current year’s state budget law.

5. Allocations from the reserve fund shall be made by decision of the Prosecutor General.

6. If the prosecution reserve fund is inadequate to safeguard the normal functioning of the Prosecution, the Government shall be obliged to fill the gap from the Government’s Reserve Fund.

CHAPTER 7

THE PROSECUTION STAFF. PUBLIC SERVICE IN THE PROSECUTION STAFF

Article 64. The Prosecution Staff

1. By virtue of this Law, an institution serving the Prosecution shall be created, called “The Prosecution Staff” State Governance Institution, in which a special type of public service called “Public Service in the Prosecution Staff” shall be performed.

2. “Public Service in the Prosecution Staff” is a professional activity carried out in “The Prosecution Staff” State Governance Institution in order to ensure the exercise of the powers vested in the Prosecution by the Constitution.

3. The Prosecution Staff shall comprise the headquarters and separated subdivisions.

4. The powers vested in the founder of the Institution and the governance body shall be exercised by the Prosecutor General.

Article 65. Legal Acts Regulating Public Service in the Prosecution

1. Matters related to public service in the Prosecution Staff shall be subject to the provisions of the Republic of Armenia Law on Judicial Service insofar as they are substantively applicable to public service in the Prosecution Staff and do not contradict this Law.

2. When the provisions of the Republic of Armenia Law on Judicial Service apply to matters related to public service in the Prosecution Staff:

1) “Judicial service” shall imply “public service in the Prosecution Staff”;

2) The powers vested in the Head of the Judicial Department shall be exercised by the Prosecution Chief of Staff;

3) The powers vested in the head  of a separated subdivision of the Judicial Department shall be exercised by the head of a separated subdivision of the Prosecution Staff;

4) The powers vested in the Council of Court Chairmen and the Cassation Court Chairman shall be exercised by the Prosecutor General;

5) The powers exercised by the Cassation Court Chairman on the basis of an opinion issued by the Council of Court Chairmen shall be exercised unilaterally by the Prosecutor General;

6) “Courts” shall imply the General Prosecution Office, the Yerevan City Prosecution Office, the Yerevan City District Prosecution Offices, the Marz Prosecution Offices, the Central  Military Prosecution Office, and the garrison military prosecution offices; and

7) “Judge” shall imply “prosecutor.”

CHAPTER 8

TRANSITIONAL PROVISIONS

Article 66. Coming into Force

1. This Law shall come into force on May 1, 2007, with the exception of the provisions for which this Article prescribes other dates or conditions of coming into force.

2. Article 36(1) of this Law related to the appointment procedure of the Prosecutor General and Article 52 of this Law related to the procedure of terminating the powers of the Prosecutor General shall come into force from the opening date of the first session of the next convocation of the National Assembly.

3. Articles 36(4), 36(5), and 36(6) of this Law concerning the appointment procedure of prosecutors shall come into force on December 1, 2007.  Prior to such date, the procedure that existed at the time when this Law came into force shall apply.

4. Articles 24(2), 25(1), and 25(5), the part of Article 26(2) concerning preliminary hearings, and Article 26(4) shall come into force after the new Criminal Procedure Code is enacted.

5. The provisions hereof concerning administrative procedure and administrative cases shall apply after the Administrative Procedure Code is enacted.

6. The compilation of the first list of prosecutor candidates and the first promotion list in accordance with the procedure stipulated by this Law shall be carried out by December 1, 2007.

7. The Prosecutorial School shall be founded by December 1, 2007.  The annual and additional training of prosecutors shall be carried out starting from January 1, 2008.

8. The procedure stipulated by this Law for disciplining prosecutors shall enter into force on June 1, 2007.  Prior to such date, the procedure that existed at the time when this Law came into force shall apply.

9. From the time this Law comes into force, the 1998 July 1 Law on the Prosecution shall be repealed, save for Paragraphs 1-17 of its Article 40.  Paragraphs 1-15 of Article 40 of the 1998 July 1 Law on the Prosecution shall be repealed as from January 1, 2008.

Article 67. Implementing the New Structure of the Prosecution

1. The Prosecution structure shall be brought into line with the requirements of this Law by June 1, 2007.

2. The Ethics and Qualification Committees and the Prosecution Collegium shall be created by June 1, 2007.

3. From the time this Law comes into force:

1) The incumbent senior assistants and assistants of the Prosecutor shall be considered senior prosecutors and prosecutors of the General Prosecution Office;

2) The incumbent senior assistants and assistants of the Military Prosecutor shall be considered senior prosecutors and prosecutors of the Central Military Prosecution Office;

3) The incumbent senior assistants and assistants of the Marz (Yerevan City) Prosecutor shall be considered senior prosecutors and prosecutors of the Marz (Yerevan City) Prosecution Office;

4) The incumbent senior assistants and assistants of the Yerevan City District Prosecutor shall be considered senior prosecutors and prosecutors of the Yerevan City District Prosecution Office; and

5) The incumbent senior assistants and assistants of the Garrison Military Prosecutor shall be considered senior prosecutors and prosecutors of the Garrison Military Prosecution Office;

4. After this Law comes into force, “Military Prosecution Office” shall be renamed to “Central Military Prosecution Office.”

5. Prosecutors appointed before this Law coming into force shall continue to serve in their respective positions.

6. Investigators working in the Prosecution at the time of this Law coming into force shall continue to serve in office until December 1, 2007.

Article 68. Consideration of Ranks Awarded in the Past

1. Ranks awarded to prosecutors before this Law coming into force shall be retained.

2. The “Republic of Armenia State Counselor of Justice” rank awarded under the 1998 July 1 Law on the Prosecution shall become equal to the “State Counselor of Justice” rank.  Ranks of first, second, and third category lawyers shall become equal to the ranks of first, second, and third category counsels, respectively.

3. When awarding ranks in accordance with the procedure stipulated by this Law, the term of service with a rank awarded in the past shall be taken into consideration.

Article 69. Approval of the Prosecution Staff By-Laws and Creation of the Prosecution Staff

1. The Prosecution Staff shall be created, and its By-Laws and list of positions of public servants in the Prosecution Staff approved within two weeks of this Law coming into force.

2. From the time the Prosecution Staff and its separated subdivisions are created, the activities of the state governance institutions of the Prosecution shall terminate.

Article 70. Considering Prosecution Employees Public Servants in the Prosecution Staff

1. After this Law comes into force, the employees occupying positions prescribed by the list of prosecution service positions shall be considered public servants in the Prosecution Staff.

2. From January 1, 2008, the remuneration of public servants in the Prosecution Staff shall be carried out in accordance with the procedure stipulated by the Republic of Armenia Law on the Remuneration of Civil Servants.  For purposes of calculating remuneration for work, ranks of public service in the Prosecution Staff shall be the equivalent of civil service ranks.

Article 71. First Training of Public Servants in the Prosecution Staff

The first training of public servants in the Prosecution Staff shall be carried out starting from January 1, 2008.

Article 72. First Performance Assessment of Public Servants in the Prosecution Staff

The first assessment of public servants among the trained members of the Prosecution Staff shall be carried out within a three-month period of the training.

Article 73. Awarding Ranks to Public Servants in the Prosecution Staff

Public service ranks shall be awarded in the Prosecution Staff by June 1, 2008 as a result of the first training and performance assessment of public servants in the Prosecution Staff.

Article 74. Termination of Term Contracts of Employment

Contracts with employees employed under term contracts of employment in positions prescribed by the list of Prosecution Staff public service positions shall be deemed terminated from the first working day of the third month after this Law coming into force, unless such contracts stipulate earlier terms of termination.

Article 75. Implementing a New Remuneration System of Prosecutors

1. Article 55 of this Law shall enter into force on January 1, 2008.  Prior to Article 55of this Law coming into force, the salaries of prosecutors shall be calculated in accordance with Paragraphs 1-15 of Article 40 of the 1998 July 1 Law on the Prosecution.

2. The implementation of a new remuneration system of prosecutors may not result in lowering the remuneration of a prosecutor occupying a position prescribed by the list of prosecution positions.

President of the Republic of Armenia

Robert Kocharyan

29.03.2007

 

HO-126