Print   

CONSTITUTION OF THE REPUBLIC OF ARMENIA

5 July 1995

(excerpts)

Emphasis added

(…)

Chapter 1. The Foundations of Constitutional Order

(…)

Article 2. In the Republic of Armenia power lies with the people. The people exercise their power through free elections and referenda, as well as through state and local self-governing bodies and public officials as provided by the Constitution. The usurpation of power by any organization or individual constitutes a crime.

Article 3. The elections of the President, the National Assembly and local self-governing bodies of the Republic of Armenia, as well as referenda, are held based on the right to universal, equal and direct suffrage by secret ballot.

Article 4.The state guarantees the protection of human rights and freedoms based on the Constitution and the laws, in accordance with the principles and norms of international law.

(…)

Article 7. The multiparty system is recognized in the Republic of Armenia.

Parties are formed freely and promote the formulation and expression of the political will of the people. Their activities may not contravene the Constitution and the laws, nor may their structure and practice contravene the principles of democracy. Parties shall ensure the openness of their financial activities.

(…)

CHAPTER 2. Fundamental Human and Civil Rights and Freedoms

(…)

Article 24. Everyone is entitled to assert his or her opinion. No one shall be forced to retract or change his or her opinion. Everyone is entitled to freedom of speech, including the freedom to seek, receive and disseminate information and ideas through any medium of information, regardless of state borders.

Article 25. Everyone has the right to form associations with other persons, including the right to form or join trade unions. Every citizen is entitled to form political parties with other citizens and join such parties. These rights may be restricted for persons belonging to the armed forces and law enforcement organizations. No one shall be forced to join a political party or association.

Article 26. Citizens are entitled to hold peaceful and unarmed meetings, rallies, demonstrations and processions.

Article 27. Citizens of the Republic of Armenia who have attained the age of eighteen years are entitled to participate in the government of the state directly or through their freely elected representatives. Citizens found to be incompetent by a court ruling, or duly convicted of a crime and serving a sentence may not vote or be elected.

(…)

Article 38. Everyone is entitled to defend his or her rights and freedoms by all means not otherwise prescribed by law. Everyone is entitled to defend in court the rights and freedoms engraved in the Constitution and the laws.

Article 44.The fundamental human and civil rights and freedoms established under Article 23, Article 24, Article 25, Article26, Article 27 of the Constitution may only be restricted by law, if necessary for the protection of state and public security, public order, public health and morality, and the rights, freedoms, honor and reputation of others.

(…)

CHAPTER 3. The President of the Republic

(…)

Article 50. The President of the Republic shall be elected by the citizens of the Republic of Armenia for a five year term of office. Every person having attained the age of thirty five, having been a citizen of the Republic of Armenia for the preceding ten years, having permanently resided in the Republic for the preceding ten years, and having the right to vote is eligible for the Presidency. The same person may not be elected for the post of the President of the Republic for more than two consecutive terms.

Article 51. Elections for the post of President of the Republic shall be held fifty days prior to the expiration of the term of office of the President in office and in accordance with procedures set by the Constitution and the laws.

The candidate who received more than half of the votes cast for the presidential candidates shall be considered as having been elected President of the Republic. If the election involved more than two candidates and none received the necessary votes, a second round of elections shall be held on the fourteenth day following the first round of the election, at which time the two candidates having received the highest number of votes in the first round shall participate. The candidate who receives the highest number of votes during this second round shall be considered to have been elected.

In the event only one candidate is presented, the candidate shall be considered as having been elected if he or she has received more than half of the votes cast.

If a President is not elected, there shall be new elections on the fortieth day after the first round of elections.

The President elect of the Republic shall assume office on the day when the term of the previous President expires.

A President who shall be elected by new or extraordinary elections shall assume office within ten days of such elections.

Article 52. In the event that one of the presidential candidates faces insurmountable obstacles, the presidential elections shall be postponed by two weeks. If during this period obstacles recognized as insurmountable are not removed, or in the event of the passing of one of the candidates prior to election day, new elections shall be held. These new elections shall be held on the fortieth day following the determination of these obstacles to be insurmountable.

(…)

Article 55.The President of the Republic:

may dissolve the National Assembly and designate special elections after consultations with the President of the National Assembly and the Prime Minister.Special elections shall be held no sooner than thirty and no later than forty days after the dissolution of the National Assembly.The President may not dissolve the National Assembly during the last six months of his or her term of office;

(…)

CHAPTER 4. The National Assembly

Article 62. Legislative power in the Republic of Armenia shall be vested in the National Assembly.

(…)

Article 63. The National Assembly shall have one hundred and thirty one deputies.

The authority of the National Assembly shall expire in June of the fourth year following its election, on the opening day of the first session of the newly elected National Assembly, on which day the newly elected National Assembly shall assume its powers.

The National Assembly may be dissolved in accordance with the Constitution. A newly elected National Assembly may not be dissolved during a one year period following its election. The National Assembly may not be dissolved during a state of martial law, or under the cases foreseen under paragraph 14 of Article 55 of the Constitution, or when the removal of the President of the Republic from office is being deliberated.

Article 64. Any person having attained the age of twenty five, having been a citizen of the Republic of Armenia- for the preceding five years, having permanently resided in the Republic for the preceding five years, and who has the right to vote, may be elected as a Deputy.

Article 65. A Deputy may not hold any other public office, nor engage in any other paid occupation, except for scientific, educational and creative work.

The compensation and guarantees for the normal functioning of a Deputy shall be prescribed by law.

Article 66. A Deputy shall not be bound by any compulsory mandate and shall be guided by his or her conscience and convictions. A Deputy shall not be prosecuted or held liable for actions arising from the performance of his or her status, or for the expression of his or her opinions expressed in the National Assembly, provided these are not slanderous or defamatory.

A Deputy may not be arrested and subjected to administrative or criminal prosecution through judicial proceedings without the consent of the National Assembly.

Article 67. The powers of a Deputy shall terminate upon the expiration of the term of the National Assembly, upon the dissolution of the same, upon violation of the provisions of part 1 of Article 65 of the Constitution, upon loss of citizenship of the Republic of Armenia, for unfounded absences from half of the floor votes during a single session upon being sentenced to imprisonment, when deemed incapacitated and upon his or her resignation.

A Deputy's term of office shall be terminated in a manner prescribed by the rules of procedure of the National Assembly.

Article 68. Regular elections to the National Assembly shall be held within sixty days prior to the expiration of the term of the current Assembly.

Procedures for elections to the National Assembly shall be prescribed by law.

The date of elections shall be fixed by Presidential decree.

The first session of a newly elected National Assembly shall convene on the second Thursday following the election of at least two thirds of the total number of Deputies.

Until the election of the President of the National Assembly, its meetings shall be chaired by the Deputy who is most senior in age.

(…)

CHAPTER 6. Judicial Power

(…)

Article 100.The Constitutional Court, in accordance with the law:

(…)

shall rule on disputes concerning referenda and the results of presidential and parliamentary elections;shall ascertain the existence of insurmountable obstacles facing a presidential candidate or the elimination of such obstacles;shall determine whether there are grounds for the removal of the President of the Republic;

(…)

shall decide on the suspension or prohibition of a political party in cases prescribed by law.

(…)

Article 102. The Constitutional Court shall render its decisions and findings no later than thirty days after a case has been filed.

The decisions of the Constitutional Court shall be final, may not be subject to review and shall enter into legal force upon their publication.

(…)

CHAPTER 7. Territorial Administration And Local Self-Government

Article 104. The administrative territorial units of the Republic of Armenia shall be the provinces and districts.

Provinces shall include urban and rural districts.

Article 105. Districts shall have local self-government.

To manage the property of the district and to solve problems of local significance, self governing local bodies shall be elected for a period of three years: a Council of Elders, composed of five to fifteen members, and a District Administrator: a City Mayor or Village Mayor.

(…)

Article 109. In cases prescribed by law, the Government may remove the Administrator of a district upon the recommendation of the Governor of the Province.

When the Administrator of a district is removed by the decision of the Government, special elections shall be held within a period of thirty days. Until such time as the newly elected District Administrator may take office, an Acting District Administrator shall be appointed by the Prime Minister for urban districts and by the Governor for rural districts.

Article 110. The election procedure of local self-governing bodies and their powers shall be determined by the Constitution and the laws.

(…)