LAW OF THE REPUBLIC OF ARMENIA
ON STATE BORDER OF THE REPUBLIC OF ARMENIA
Yerevan 1994
Chapter 1.
GENERAL STATEMENTS
Article 1. State border of the Republic of Armenia
The state border of the Republic of Armenia (hereafter referred to as State Border) is the line and the vertical surface along that line, which determine the boundaries of the territory of the Republic of Armenia in air, land, water and entrails.
Article 2. Determination and Protection of State Border
The State Border shall be determined by international agreements of the Republic of Armenia, as well as decisions of the Supreme Council of the Republic of Armenia.
Protection of State Border is a set of measures, ensuring inviolability of the State Border. Authorities of governmental entities in protection of the State Border shall be defined by the law herein and other legal acts of the Republic of Armenia.
Article 3. Location of the State Border
The State Border, if not otherwise provided by international agreements of the Republic of Armenia, lies:
1. In land: according to peculiar points and lines of the relief clearly visible reference-points.
2. In rivers (tributaries): along their middle-line, or middle part of the major branch, in river basins: along the straight lines connecting the exits of the State Border to the shores of the basin.
A state borderline across a river (tributary) or a basin, may not be moved neither in case of change in the coastline or level of the water, nor change of the course of the river (tributary).
3. In reservoirs of hydroelectric stations and other artificial basins: along the state borderline before their construction.
4. On railway and road bridges, weirs and other constructions: along the middle-line of the mentioned constructions or their technological axis, irrespective of the state border crossing.
Article 4. Outlining the State Border
The State Border is outlined by means of clearly visible border marks, the forms and sizes of which shall be determined by the Supreme Council of the Republic of Armenia, and installation order shall be determined by the international agreements of the Republic of Armenia and the Government of Armenia.
Article 5. Border Waters of the Republic of Armenia
The border waters of the Republic of Armenia include the waters of those rivers (tributaries) and basins, the shores of which belong to the Republic of Armenia.
Article 6. Interrelations with Bordering States in Border Issues
The Republic of Armenia shall resolve border-related issues with bordering states based on mutual agreements, in compliance with the law herein, other acts of the Armenian legislation, and international agreements of the Republic of Armenia.
CHAPTER 2
STATE BORDER REGIME
Article 7. State Border Regime
The State Border regime shall be determined by the law herein, other legal acts of the Republic of Armenia, and international agreements of the Republic of Armenia.
The State Border regime includes:
State Border protection rules;
State Border crossing rules;
Regulation for clearance of persons, animals, vehicles, luggage and other goods across the border;
Regulation for conducting economic and other activity on the State Border.
Article 8. State Border Protection Rules
State Border Protection rules shall regulate border mark installation and their control, creation and maintenance of the engineering-technical structure, check of border crossings across the borderline with a neighboring state.
For purposes of protection of the State Border, the territory of the border zone shall be provided to the border guard troops of the Republic of Armenia (hereafter referred to as Border guard troops) for continuous (permanent) usage.
State Border Protection rules shall be confirmed by the Government of Armenia.
Article 9. State Border Crossing Rules
Railway, road, air or other communications across the State Border shall be performed at border points defined by the Government of Armenia, in compliance with the legislation and international agreements of the Republic of Armenia. Border guard troop check-clearance points, customs offices and customs points shall be created at state border crossing points.
Planes or other flying machines may cross the State Border and fly over the territory of the Republic of Armenia along specifically designated air corridors, in compliance with the law herein, other legal acts of the Republic of Armenia and international agreements of the Republic of Armenia. State Border crossings and flight within the air space of the Republic of Armenia outside the special corridors may be authorized only by the Government of Armenia.
The flight of planes or other flying machines leaving the Republic of Armenia, as well as their landing is performed in airports open for international flights. Other order for flight or landing may be authorized only by the Government of Armenia.
The list of airports open for planes or other flying machines leaving the Republic of Armenia or entering the Republic of Armenia, and their flight and landing rules are defined by the legal acts of the Republic of Armenia, as well as international agreements of the Republic of Armenia. Order for transit flights across the air space of the Republic of Armenia shall be defined by international agreements of the Republic of Armenia.
Planes or other flying machines entering the air space or airports of the Republic of Armenia, or leaving the Republic of Armenia, must comply with the flight, airport, customs, sanitary and other rules.
In case foreign planes and other flying machines are compelled to enter or fly in the air space of the Republic of Armenia, or are compelled not to comply with the airport rules, must immediately inform the management of the nearest Armenian airport and continue the flight in compliance with the instructions of the airport or the planes having arrived for purpose of rescue or clarification of the situation.
Article 10. Clearance of Persons, Animals, Vehicles, Luggage and other Goods across the State Border
Clearance of persons across the State Border shall be performed by the servicemen of the border guard troops if passengers have relevant documents stipulated by the legislation of the Republic of Armenia for entry to or exit from the Republic of Armenia.
Clearance of animals, vehicles, luggage and other goods across the State Border shall be performed in compliance with the legal acts of the Republic of Armenia, as well as international agreements of the Republic of Armenia.
A Governmental decree may define a more simplified order for clearance of persons and vehicles across the State Border.
Article 11. Order for Transportation of Nuclear or Other Weapons of Mass Destruction, Military Luggage or Transfer of Troops across the State Border
Transportation of nuclear or other weapons of mass destruction across the State Border shall be authorized by the Government of Armenia. Transit transportation of foreign troops or military luggage shall be authorized by the Government of Armenia, in compliance with the international agreements of the Republic of Armenia.
Article 12. State Border Crossings Control
Persons, animals, vehicles, luggage and other goods crossing the border are subject to border and customs control. In relevant cases, sanitary-quarantine, veterinary, fit-sanitary and other types of control shall be exercised.
The order of control organization and implementation shall be defined by the legislation of the Republic of Armenia.
Article 13. Economic and other Activity on the State Border
Economic and other activity on the border zone of the Republic of Armenia must do no harm, nor create obstacles to actions aimed at protection of the State Border.
Economic and other activities may be conducted if agreed upon with the Headquarters of the Border guard troops.
Article 14. In Case of Danger of Contagious Diseases, Temporary Termination of Communications Across the State Border Quarantine
In case of danger of emergence and dissemination of contagious diseases in the territory of the Republic of Armenia or a foreign state, communication across the State Border may be temporarily limited or interrupted by a decree of the Government of Armenia, or a quarantine may be established for persons, animals, luggage, seeds, plants, food products of vegetal nature, crossing the State Border.
Article 15. Transgressors of State Border
The following categories are regarded to be transgressors of the State Border:
Article 16. Border Representatives of the Republic of Armenia
For resolution of issues related to protection of the State Border, as well as management of border incidents, the Government of Armenia shall appoint border representatives of the Republic of Armenia
The activity of the border representatives shall be guided by the legislation of the Republic of Armenia, as well as the international agreements of the Republic of Armenia.
Article 17. State Border Crossing Point Regime
The State Border Crossing Point Regime, i.e. regulations concerning the stay and movement of persons and vehicles in the grounds of border railway stations, road stations, and airports open for international communications, as well as clearance of persons, animals, vehicles, luggage and other goods, shall be defined by the legislation of the Republic of Armenia. The Headquarters of the Border guard troops shall designate the buildings, where border control shall be exercised, and buildings for customs and other control shall be determined with its consent.
CHAPTER III
BORDER REGIME
Article 18. Border Regime
For purpose of ensuring order on the State Border, the Government of Armenia shall define a border regime, in compliance with the law herein and other legal acts of the Republic of Armenia, which shall regulate the entry, temporary stay, movement and economic activity of persons.
Article 19. Border Zone and Border Belt
Border zone is the space, which expands from the borderline of the State Border of the Republic of Armenia towards the territory of the Republic of Armenia with a width of up to 5 km. Border belt is part of the Border zone, which adjoins the State Border or the shore, with up to 1 km width, in case the borderline lies in a water space.
The boundaries of the border zone and the border belt shall be defined or changed by the Government of Armenia, in compliance with the this article.
Article 20. Entry to Border Zone and Border Belt
A person not permanently residing in the border zone, may stay in the border zone over 3 days only if authorized by the Internal Affairs entities of the Republic of Armenia, if otherwise not provided by the Government of Armenia.
For purpose of entry to and temporary stay in the border belt, a person must have the permission of the Border guard troops agreed upon with the Ministry of Internal Affairs of the Republic of Armenia and the State Department for National Security of the Republic of Armenia. If necessary, the Headquarters of the Border guard troops may establish temporary restrictions for entry to and temporary stay in the border belt.
Article 21. Order of Conducting Economic Activity in the Border Zone
Privatization, and other activities unrelated to the protection of the State Border shall be prohibited in the border zone.
Lands, woods, and the fauna, mountains of the border zone may be utilized, geological investigations conducted, hydro-structures built and any other economic activity carried out only in compliance with the legislation of the Republic of Armenia and the international agreements of the Republic of Armenia. Taking into consideration the local conditions, the Government of Armenia shall define the order for any economic activity in the border zone.
CHAPTER IV
PROTECTION OF STATE BORDER
Article 22. State Border Protection Measures
Protection of the State Border as a set of measures ensuring the inviolability of the State Border includes:
Border guard troop shall be responsible for defense of the State Border on land and border waters, and the Air defense troops shall be responsible for defense of the State Border in the air space. The activities of the border air defense troops shall be governed by the law herein, other legal acts of the Republic of Armenia, as well international agreements of the Republic of Armenia.
Article 23. Structure of Border Guard Troops
The Chief Department for State Border Defense of the Republic of Armenia, which is a structural part of the State Department for National Security, shall be the central entity responsible for management of the border guard troops. Head of the Chief Department for State Border Defense of the Republic of Armenia shall at the same time be the Commander of the Border troops.
The structure of the Border guard troops and number of the personnel shall be submitted by the State Department for National Security and approved by the Government of Armenia.
Article 24. Major Principles of Activity of Border Guard Troops
The activity of the border guard troops shall be built on the principle of legality, publicity, protection of rights and freedoms of citizens, cooperation with state entities, NGO-s and the population. Activity of any social-political organization or movement in the border guard troops shall be prohibited.
Membership to any non-governmental or political organization or movement of the servicemen of border guard troops shall be terminated during the whole period of the service.
For purpose of defense of the State Border, the Headquarters of the Border guard troops shall periodically inform state entities of the activity of the Border guard troops.
Utilization of border guard troops for purposes other than elimination of consequences of disasters and accidents, shall be prohibited.
Article 25. Ensuring Legality of Border Guard Troops Activities
The activity of the Border guard troops shall comply with the law herein and other legal acts of the Republic of Armenia.
Neither extraordinary circumstances, nor directives of any official may serve as basis for illegal actions or inactivity of the Border guard troops.
CHAPTER V
DUTIES AND RIGHTS OF BORDER GUARD TROOPS
Article 26. Duties of Border Guard Troops
Border guard troops must:
The military of the Border guard troops must present themselves when addressing to persons, provide a military service ID or the military book, be polite, reserved and patient.
Border guard troops shall ensure protection of rights of persons suspected, arrested or imprisoned for transgression of the State Border, as stipulated by the legislation of the Republic of Armenia, and if necessary, arrange medical and other assistance, and inform the relatives of the arrested or imprisoned persons of their whereabouts in the order and terms stipulated by the legislation.
Article 27. Rights of Border Guard Troops
Upon implementation of State Border defense in the border zone and border regions, the Border guard troops have the right to:
For detection and apprehension of transgressors of the State Border, if necessary, the Border guard troops may exercise their rights in the whole territory of the Republic of Armenia.
The commander of the Border guard troops shall be entitled to impose administrative penalties on persons having violated the State Border regime, the border regime and State Border crossing point regime, as well as on persons having breached rules on the grounds of the border crossing check point, notifying the internal affairs entities within three days.
Article 28. Major Duties of Air Defense and Border Guard Troops upon Protection of the Air Space of the Republic of Armenia
The air defense troops must:
1. Invite planes of other flying machines to reply to request signs, ask questions on the purpose of their entry to the air space of the Republic of Armenia;
2. Recommend planes or other flying machines to change course to the specificity designated air corridors, recommend them to land at international airports;
3. In case of danger to the security of the Republic of Armenia or any other hostile action against the Republic of Armenia, convoy planes or other flying machines and get them to land at airports or other designated places. In case the plane or the flying machine continues the mentioned actions, subdivisions of the air defense troops shall destroy the plane or the flying machine.
The Border guard troops must:
1. Examine planes or other flying machines if it has not replied to the request signs, has flown outside the air corridors, has violated the order of entry to the air space of the Republic of Armenia or after entry to the air space of the Republic of Armenia has landed not at an international airport.
Examination of planes or other flying machines shall include check of documents of the plane or the flying machine, check of documents and luggage of crewmembers and passengers.
After examination, the plane or the flying machine may be allowed to continue flight in the air space of the Republic of Armenia observing the set rules, or asked to leave the territory of the Republic of Armenia; they may also be arrested, in compliance with articles 28 and 29 of the law herein;
2. Prohibit exit of crewmembers and passengers from the plane or other flying machines in case the latter have violated flight, airport, customs, sanitary or other rules in the territory of the Republic of Armenia;
3. In case there are wanted criminals on the plane or the flying machine, arrest them and give to the discretion of investigation or pre-investigation entities, if otherwise not provided by international agreements of the Republic of Armenia.
Article 29.Principles of Arrest of Plane or Other Flying Machines by Border Guard Troops
A plane or other flying machines may be arrested in the territory of the Republic of Armenia by Border guard troops if:
A plane or another flying machine having violated rules as described in items 2 through 7 of this article, shall be arrested by the Border guard troops, if examination reveals deliberate breach of the rules and hazard to the security or interests of the Republic of Armenia.
Article 30. Report on Examination or Arrest of Plane or other Flying Machines
A report on examination or arrest of a plane or any other flying machine shall be drawn up, signed by the representative of the Border guard troops and the commander of the examined plane or other flying machine. The report shall be in Armenian, if necessary with an attached translation.
In case of arrest of the plane or the flying machine, the documentation of the plane or the flying machine and the luggage shall be confiscated and attached to the report. If the commander of the examined or arrested plane or flying machine qualifies the actions of the Border guard troops illegal or does not agree with the text of the report, he may mention it in the report or in an attached document.
If the commander refuses to sign the report, it must be mentioned in the report.
Article 31. Consequences of Arrest of Foreign Plane or other Flying Machines
The arrested foreign plane or flying machine shall be handed over to the authorized representatives of relevant states or deported from the territory of the Republic of Armenia as stipulated by the law, or in cases provided for by the legislation of the Republic of Armenia, may be confiscated by the decision of the court.
Article 32. Right of Border Guard Military to Open Fire and Use Special Devices
The military of the Border guard troops shall be entitled to hold and use guns and other special devices, the order of obtainment, registration, protection, return and use of which shall be defined by the legislation of the Republic of Armenia.
If a person in the border zone refuses to comply with the legal demands of the border guard servicemen, the latter have the right to use force, dogs, special devices or open fire, as stipulated by the legislation of the Republic of Armenia. The fact of having used gun must be immediately notified to the public prosecutor. A report of the taken measures shall be drawn up.
Article 33. Utilization of Weapons and Military Equipment upon Defense of the State Border
The military of the Border guard troops may use weapons or military equipment to drive back an armed attack or incursion into the territory of the Republic of Armenia, to prevent armed provocation on the State Border, if violation cannot be prevented and violators cannot be arrested otherwise.
The order of utilization of weapons and military equipment for protection of the State Border shall be defined by the legislation of the Republic of Armenia.
CHAPTER VI
SERVICE IN BORDER GUARD TROOPS, MILITARY, TECHNICAL AND FINANCIAL PROVISION OF BORDER GUARD TROOPS
Article 34. Personnel of Border Guard Troops
The personnel of the Border guard troops shall consist of servicemen and contract workers.
The servicemen, i.e. called up servicemen and officers shall have the same uniform and military titles, as well as symbols and signs.
Service in Border guard troops shall be regulated by the legislation of the Republic of Armenia.
The activity of contract workers in Border guard troops shall be regulated by the labor code of the Republic of Armenia.
Article 35. Reinforcement of Border Guard Troops
The Ministry of Defense of the Republic of Armenia shall be responsible for reinforcement of Border guard troops with called up servicemen, in compliance with the RoA law on "Military obligation". Reinforcement may be achieved through contracts as well. The Government of Armenia shall approve the number of the military to be recruited to the Border guard troops. For qualified reinforcement of Border guard subdivisions, the State Department for Protection of State Border shall have the right of selection of recruited servicemen.
Officers of the Border guard troops shall be selected from servicemen having graduated from Higher Military-educational Institutions, officers in reserve, as well called up servicemen with higher or vocational education and officer’s titles.
The commander of the Border guard troops shall be responsible for the quality of recruitment, distribution of servicemen in Border guard subdivisions, and timely and organized demobilization.
Article 36. Military and Technical Provision of Border Guard Troops
In compliance with the order established by the Government of Armenia, the Border guard troops shall be provided with military items, materials and equipment required for protection of the State Border.
Based on the requests of the State Department for Protection of the State Border, the Government of Armenia shall meet the military and technical needs of the Border guard troops in a centralized manner.
Article 37. Financial Provision of the Border Guard Troops
The Border guard troops shall be funded from the state budget.
The Government of Armenia shall define the order and terms of maintenance of the Border guard troops, forms and sizes of funding.
CHAPTER VII
LEGAL AND SOCIAL PROTECTION OF BORDER GUARD SERVICEMEN AND OTHER CITIZENS PARTICIPATING IN PROTECTION OF STATE BORDER
Article 38. Legal Protection of Border Guard Servicemen Responsible for Protection of State Border and their Family Members
Border guard servicemen shall be representatives of the government and shall be under the protection of the state. Their legal demands concerning protection of the State Border shall be binding for all citizens and officials.
The border guard servicemen directly involved with protection of the State Border, shall have a status of servicemen implementing specific duties.
Creation of obstacles for Border guard servicemen to implement their State Border protection duties, or encroachment on the life, health, honor, dignity or property of the border guard servicemen or their family members, shall call such persons to account, as stipulated by the law.
Article 39. Legal Protection of Citizens Participating in Protection of State Border and their Family Members
Illegal actions against citizens having supported border guard troops, and their family members, will bring about responsibility, as stipulated by the legislation of the Republic of Armenia
Article 40. Social Protection of Border Guard Servicemen and other Citizens Participating in Protection of State Border
Issues related to social protection of Border guard servicemen and other citizens participating in protection of the State border shall be regulated by the law of the Republic of Armenia on "Social Security of Servicemen and their Family Members" and other legal acts of the Republic of Armenia.
CHAPTER VIII
AUTHORITIES OF STATE ENTITIES OF THE REPUBLIC OF ARMENIA IN PROTECTING THE STATE BORDER
Article 41. Authorities of State Entities of The Republic of Armenia in Protecting the State Border
Authorities of state entities in protecting the State border of the Republic of Armenia shall be defined by the legislation of the Republic of Armenia.
CHAPTER IX
PARTICIPATION OF ENTERPRISES, ORGANIZATIONS, OFFICIALS AND CITIZENS IN PROTECTION OF STATE BORDER AND THEIR DUTIES
Article 42. Participation of Enterprises, Organizations, Officials And Citizens in Protection of State Border And their Duties
Within their jurisdiction, enterprises, agencies, organizations, officials and citizens must support Border guard troops in protecting the State Border, and immediately communicate information on hazards to the State Border to the Border guard troops.
State entities, organizations, officials and citizens must comply with the State Border regime, border regime and State Border crossing regime.
CHAPTER X
RESPONSIBILITY FOR VIOLATION OF THE LAW HEREIN
Article 43. Responsibility of Citizens for Violation of the Law Herein
Citizens blamed of violating or attempting to violate the State Border regime, border regime and the State Border crossing point regime, trafficking goods, materials, documents and other items or attempting to traffic, as well as of other violations of the law herein, shall bear responsibility, in compliance with the legislation of the Republic of Armenia.
For violation of the law herein, foreigners and stateless persons shall bear responsibility in compliance with the legislation of the Republic of Armenia and international agreements of the Republic of Armenia.
Information on foreigners and stateless persons responsible for violation of the law herein shall be communicated to the Ministry of Internal Affairs in a centralized manner.
Article 44. Responsibility of Border Guard Servicemen for Violation of the Law Herein
For violation of the law herein, the Border guard servicemen shall bear responsibility in compliance with the legislation of the Republic of Armenia.
Control over activities of border guard servicemen shall be exercised by the Chief Prosecutor of the Republic of Armenia and local prosecutors.
President of the Republic of Armenia
L. Ter-Petrossyan