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THE LAW OF THE REPUBLIC OF ARMENIA
ON THE CONSTITUTIONAL COURT

(excerpts)

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ART. 37. PREPARATION OF THE COURT REVIEW OF THE CASE
1. Invitees to a session shall be determined by the President of the Constitutional Court and the Rapporteur(s).

2. Minimum five days prior to convening of a session, Members of the Constitutional Court, the parties and in case of need and by a decision of the President of the Constitutional Court the invitees are forwarded a notification of the convening of the session of the Constitutional Court, copies of the appeal and documents obtained during the preliminary review of the case.

In cases of the appeals of the decisions regarding the Presidential election results the Constitutional Court can define in its Charter a shorter time period for sending out the materials determined in the first paragraph of this Part.

3. The notification on the date and time of the session of the Constitutional Court shall be forwarded to the parties and invitees by the staff of the Constitutional Court.

(Article 37 was amended by the RA Law LA - 58-N of 25.05.16)

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ART. 74. REVIEW OF THE CASES DETERMINED BY PARAGRAPH 3.1 OF ARTICLE 100 OF THE CONSTITUTION (CONSIDERATION OF DISPUTES RELATED TO THE RESULTS OF THE ELECTIONS OF THE PRESIDENT AND THE DEPUTIES OF THE NATIONAL ASSEMBLY)

1. The Presidential candidates can apply to Constitutional Court in regard to cases of disputes related to the results of the elections of the President.

2. In regard to cases of disputes related to the results of the elections of the Deputies of the National Assembly (by party list system and individual system) the following persons can apply to the Constitutional Court: the candidates of the Deputies of the National Assembly for the disputes related to the results of the elections by individual system and the political parties and political unions for disputes related to the results of elections by party list system.

3. In cases of disputes related to the results of elections it is allowed to appeal to the Constitutional Court within seven days after the announcement of their official results.

4. The body that summarized the results of the elections is involved in the case hearing as a respondent.
In case of necessity by the motion of a party or by its initiative the Constitutional Court can involve as a co-respondent(s) other state and local self-government bodies (except for courts), whose decisions or actions could influence on the results of the elections or who were (are) responsible to guarantee and protect the electoral rights in the procedure stipulated by Law.

5. Those candidates or political parties (political unions) whose interests are or may be influenced by the case review or by its resulted decision can be considered as third parties by the Constitutional Court on the basis of their application. In cases when the decision of the Constitutional Court may be binding for those parties then the Court shall involve those persons itself.

6. The third parties can be involved at any stage of case review.

7. The third parties have all the rights and duties of the parties of the case, except for those rights and duties which cannot be spread over the third parties due to their nature.

8. The rules prescribed by Paragraph 2 of Article 73 of this Law are used for collection of evidence (information regarding the facts) necessary for ruling a decision on the case reviewed at the Constitutional Court.

9. The case review in cases determined by Paragraph 1 and 2 of this Article is done by a verbal procedure.
The case review in cases of disputes related to the results of the elections of the Parliament Deputies by individual system can be held in written procedure by the Constitutional Court depending on its caseload.

10. The information regarding the facts submitted by the applicant are considered true if the respondent avoids to present its standpoint on those and if they do not contradict to other substantially important evidences obtained by the Constitutional Court.

11. If the respondent accepts the circumstances that are the basis of reasoning of the requirements and arguments of the applicant then the latter is released of obligation to bring evidences on those circumstances in the future.

12. The suspension of the case review related to the challenge of the decisions on the results of national elections may be allowed only if such suspension does not delay the case review for longer than the timeframe determined in the Constitution and Paragraph 16 and 17 of this Article.

13. In cases determined by this Article the Constitutional Court examines the circumstances of unjustified rejection of examination (review) of the electoral appeals submitted in the procedure prescribed by Law by the relevant electoral commissions as well as the circumstances of breaking of timeframes of examination (review) of such appeals and of refusal or avoidance of examination (review) of those appeals. In such cases the Constitutional Court has the right to evaluate the evidences presented in the appeal as true and indisputable if such evaluation does not contradict to other evidences acquired during the case review.

14. In cases of disputes related to the results of the elections the Constitutional Court shall rule one of the following decisions:
1) Leave unchanged the decision of the electoral commission;
2) Annul the decision of the electoral commissions and:
a) declare invalid the results of the elections;
b) determine as elected the relevant candidate or the corresponding number of candidates from the electoral list of a political party (union);
c) declare the elections as non-carried-out;
d) appoint a second round.

15. If in the process of the case review, after exhausting all the means prescribed by this Law for acquiring evidences, the Constitutional Court, nevertheless, could not find out the real results of the elections, it may decide to annul the results of the elections if the proved electoral violations make obvious for the Court that they had organized nature, took place repeatedly, continually and on massive scale, and if the combined analyses proves such a systematic interrelation of those violations that the principles of electoral rights prescribed in Article 4 of the Constitution were infringed.

16. In cases of disputes related to the results of the presidential elections the Constitutional Court shall make a decision within ten days after the day of registration of the appeal.

17. In cases of disputes related to the results of the parliamentary elections by party list system the Constitutional Court shall make a decision within fifteen days after the day of registration of the appeal.

18. In cases of disputes related to the results of the parliamentary elections by individual system the Constitutional Court shall make a decision within one month after the day of registration of the appeal.

19. In cases mentioned in Paragraph 18 of this Article the timeframe of case review can be prolonged not longer then 50 days with the decision of the Constitutional Court depending on its caseload.

(Article 74 was amended by the RA Law LA 220 N of 16.11.07, by the RA Law LA 168 N of 26.05.11)

ART. 75. Lost its power by the RA Law LA - 58-N of 25.05.16

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