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DRAFT CONSTITUTION OF THE REPUBLIC OF ARMENIA:PART 1 DRAFT
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| 11:49:58 | 07-05-2005 | Politics | DRAFT AMENDMENTS TO THE CONSTITUTION |
02.05.2005
CONSTITUTION OF THE REPUBLIC OF ARMENIA
The Armenian People, recognizing as a basis the fundamental principles of
Armenian statehood and the national aspirations engraved in the Declaration
of Independence of Armenia, having fulfilled the sacred message of its
freedom-loving ancestors for the restoration of the sovereign state,
committed to the strengthening and prosperity of the fatherland, in order to
ensure the freedom, general well being and civic harmony of future
generations, declaring their faithfulness to universal values, hereby adopts
the Constitution of the Republic of Armenia.
CHAPTER 1.
THE FOUNDATIONS OF CONSTITUTIONAL ORDER
Article 1.
The Republic of Armenia is a sovereign, democratic and social state, based
on the rule of law.
Article 2.
In the Republic of Armenia power is vested in the people.
The people exercise its power through free elections and referenda, as well
as through state and local self-government bodies and officials provided by
the Constitution.
The usurpation of power by any organization or individual constitutes a
crime.
Article 3. Human being, his fundamental rights and freedoms as an ultimate
value
1. The human being, his or her dignity and fundamental rights and freedoms
are an ultimate value.
2. The main task of the state shall be the ensuring of the implementation of
the fundamental human rights and freedoms. The fundamental human and civil
rights and freedoms shall bind the public authorities as directly applicable
law.
3. The fundamental human and civil rights and freedoms shall be protected in
accordance with the norms and principles of international law.
Article 4. Principles of suffrage
The elections of the National Assembly, President of the Republic and the
self-government bodies of the communities, as well as referendum, shall be
held based on the right to universal, equal, free and direct suffrage by
secret ballot.
Article 5. Political order
1. Political pluralism and multipartyism shall be the basis for the
political order of the Republic of Armenia.
2. No ideology may be recognized as state or mandatory.
3. The parties shall be formed and act freely. They shall contribute to the
formation, expression and implementation of the political will of the
people.
4. Equal conditions for free activity shall be guaranteed for the parties.
Article 6. Principle of the separation of the powers
State power shall be exercised based on the principle of the separation of
the legislative, executive and judicial powers in accordance with the
Constitution and laws.
Article 7. Hierarchy of legal norms and principle of legality
1. The Constitution shall have supreme legal force and its norms shall be
applicable directly. Laws must comply with the Constitution. Other legal
acts must comply with the Constitution and laws.
2. Universally recognized norms and principles of international law shall
have supremacy over the laws. If international treaties on human rights and
freedoms ratified by the National Assembly stipulate norms other than
stipulated by laws then the norms of treaties shall be applied, save where
the laws comprise more favourable norms.
3. State and local self-government bodies and officials shall be competent
to perform only such acts, for which they are authorized by the Constitution
and laws.
4. State and local self-government bodies and officials shall act in
accordance with the Constitution and laws.
5. The bodies authorized by the Constitution may adopt normative legal acts
on the basis of the Constitution and laws and for the purpose of the
ensuring the implementation of the Constitution and laws. The law shall
predetermine the meaning and content of the given normative legal act. The
relevant normative legal act shall contain a reference to its legal basis.
6. Laws and other normative legal acts shall enter into force only after
their official promulgation.
Article 8. Economic order
Freedom of economic activity and the economic competition shall be the basis
of the economic order of the Republic of Armenia.
Article 9. Local self-government
Local self-government shall be guaranteed as one of the foundations of the
democracy.
Article 10. Basic principles of foreign policy and linkages with Diaspora
1. The foreign policy of the Republic of Armenia shall be conducted in
accordance with the norms and principles of international law, with the aim
of establishing good neighbourly and mutually beneficial relations with all
states.
2. The Republic of Armenia shall run a policy for the developing and
strengthening of comprehensive linkages with the Diaspora, the main
objective of which is the preservation of the Armenian identity.
CHAPTER 2.
STATE LANGUAGE, SYMBOLS AND CAPITAL OF THE REPUBLIC OF ARMENIA
Article 11. The state language of the Republic of Armenia
The Armenian language is the official language of the Republic of Armenia.
Article 12. Symbols of the Republic of Armenia
1. The national colours of the Republic of Armenia are red, blue and orange
with equal horizontal stripes.
2. The coat of arms and the national anthem of the Republic of Armenia shall
be determined by law.
Article 13. The Capital of the Republic of Armenia
The capital of the Republic of Armenia is Yerevan.
CHAPTER 3.
FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS
Article 14. Human dignity
The dignity of the person, as a source of his or her rights and freedoms, is
inviolable. The state is obliged to respect and protect it.
Article 15. Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty or executed.
Article 16. Right to integrity of the persons
1. Everyone has the right to respect for his or her physical and mental
integrity.
2. No one may be subjected to scientific, including medical,
experimentations against his or her will and against his or her will and
without his or her consent. The person shall be informed on the probable
consequences of such experimentations in advance.
3. In the fields of medicine and biology, the following must be respected in
particular:
1) the prohibition of eugenic practices, in particular those aiming at the
selection of persons;
2) the prohibition on making the human body and its parts as such a source
of financial gain;
3) the prohibition of the reproductive cloning of human beings.
Article 17. Prohibition of torture and inhuman or degrading treatment or
punishment
1. No one shall be subjected to torture or to other inhuman or degrading
treatment or punishment.
2. The corporeal punishments are prohibited.
Article 18. Equality before the law
Everyone is equal before the law.
Article 19. Non-discrimination
Any discrimination based on any ground such as sex, race, colour, ethnic or
social origin, genetic features, language, religion or belief, political or
any other opinion, membership of a national minority, property, birth,
disability, age or other personal and social circumstances shall be
prohibited.
Article 20. Equality between women and men
Men and women are legally equal.
Article 21. Right to act free
1. A human being is free to do anything not prohibited by the Constitution
and the laws corresponding to it.
2. The exercise of human rights and freedoms shall not violate the rights
and freedoms of the other persons.
Article 22. Right to liberty and security
1. Everyone has the right to liberty and security of person.
2. The person may be deprived of his or her liberty only in accordance with
the procedure prescribed by law and in the following cases, if:
1) he has been condemned to imprisonment by a Court sentence;
2) he is arrested or detained because of non-compliance with the order of a
Court or in order to secure the fulfilment of an obligation prescribed by
the law;
3) the person is arrested or detained on suspicion of having committed a
crime, or in order to prevent the commission of a crime or his or her
fleeing;
4) the minor is arrested or detained for the purpose of the educational
supervision or for bringing him before the competent authority;
5) a person is arrested or detained for the reason of representing danger to
himself or surroundings;
6) it is necessary to prevent the unlawful entry of a person into the
Republic of Armenia, to expel him from the Republic or extradite him to
another state.
3. The arrested person shall be immediately informed in a language
understandable to him or her about the grounds of his or her arrest and at
least 24 hours later, also the written substantiation of the arrest shall be
provided to him or her. The family or the persons mentioned by the arrested
shall be immediately informed about the arrest.
4. The person may not be arrested more than 48 hours. The arrested has the
right to appeal the decision of his or her arrest, which the Court shall
examine immediately.
5. A person may be detained only by the Court decision. The person may not
be under the detention in pre-trial process for the period not exceeding 6
months. In cases stipulated by law the term of the detention in pre-trial
process may be prolonged by a decision of the Court composed of several
judges.
Article 23. Right to integrity of private and family life
1. Everyone has the right to integrity of his private and family life,
honour and good reputation.
2. Restrictions of these rights shall be allowed only in cases stipulated by
law if that is necessary for the purpose of prevention or detection of
crimes.
Article 24. Right to inviolability of home
1. Everyone has the right to inviolability of the home. It is prohibited to
enter or search the home against the will of the person.
2. In the cases and procedure prescribed by law, the authorized bodies may,
without the decision of the Court and against the will of the residents,
without witnesses, enter the home and carry out a search, if it is necessary
to capture the offender, as well as to protect the other persons or their
property. The Court shall decide the appropriateness of entering the home or
searching it in cases and in an order prescribed by law.
3. The home may be searched only by the Court decision in an order
prescribed by the law.
4. Everyone has the right to be present at the search of his or her home,
which shall be conducted in the presence of at least 2 witnesses.
Article 25. Right to inviolability of correspondence
1. Everyone has the right to inviolability of the confidentiality of
correspondence, telephone conversations, mail, telegram and other
communications.
2. Restrictions of this right shall be allowed only by Court decision in
cases stipulated by law, if that is necessary for the defence of state
security, the prevention or detection of severe crimes.
Article 26. Right to protection of personal data
1. Everyone has the right to the protection of personal data concerning him
or her. The collection, maintenance, use and dissemination of information
about him or her without the person's consent shall be prohibited. The use
of information relating to the person for purposes contravening the aims of
their collection is prohibited. Everyone has the right to become acquainted
with the data concerning him or her available in the state and local
self-government bodies.
2. This right may be limited only by law, if it is necessary for the
protection of an overriding public interest.
3. Everyone may demand correction of non-verified information and
elimination of the illegally received information about him or her.
Article 27. Right to marry and right to found a family. Rights and
obligations of the parents
1. Men and women of marriageable age have the right to marry and found a
family according to their free will.
2. The family as a unit of a man and woman shall enjoy the special
protection and patronage of the state. Dismissal for a reason connected with
maternity is prohibited. Everyone has the right to paid maternity leave and
parental leave following the birth or adoption of a child.
3. The care and upbringing of children are the right and duty of parents.
Children have the right to freely express their opinion, which shall be
taken into account in cases concerning them, accounting for the child's age
and degree of his or her maturity.
4. The restriction of parental rights or their deprivation shall take place
only in cases stipulated by law, by Court decision.
Article 28. Right to free movement
1. Everyone legally residing in the territory of the Republic Armenia has
the right to freedom of movement, choice of residence and to leave the
Republic.
2. Every citizen and everyone legally residing in the Republic of Armenia
have the right to enter the Republic of Armenia.
3. The right to free movement may be restricted only by law, if it is
necessary for the purpose of the protection of state security, public order,
prevention or detection of crimes, protection of health or morality or
protection of the rights and freedoms of the other persons.
4. Those territories, the entry of which is forbidden or limited, shall be
prescribed by law.
Article 29. Freedom of expression and information
1. Everyone has the right to freedom of expression. This right shall include
the freedom to hold his own opinions, as well as to receive and impart
information and ideas through any medium of information without interference
by state and local self-government authorities and regardless of state
frontiers.
2. The freedom of the press, radio, TV and other mass media means shall be
guaranteed. The diversity of informative, educational, cultural and
entertainment programs, the reflection of the opinions existing in the
society in the public TV and radio shall be guaranteed.
3. The right to freedom of expression may be restricted only by law, if it
is necessary for the protection of state security, morality or the rights
and freedoms of the others.
Article 30. Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion.
This right includes freedom to change his or her religion or belief and
freedom, either alone or in community with others and in public or private,
to manifest his or her religion or belief, in worship, teaching, practice
and observance.
2. The exercise of this right may be restricted only by law, if it is
necessary for the protection of health, morality or the rights and freedoms
of others.
3. Every citizen who refuses military service involving armed combat on
grounds of conscience or belief shall be assigned to alternative service.
Article 31. Freedom of associations
1. Everyone has the right to create associations with other persons,
including the right to form trade unions for the purpose of maintenance and
improvement of the working and economic conditions and also the right to
join them.
2. No one can be forced to join any association.
3. The activity of associations may be suspended or prohibited only by Court
decision.
Article 32. Freedom of Assembly
1. Everyone has the right without prior notification to participate in
peaceful assemblies and hold them. In cases stipulated by law the peaceful
assemblies shall be held based on the notification submitted during a
reasonable time.
2. The exercise of this right may be limited only in the cases stipulated by
law, if that is necessary for the preventing mass disorder and crimes,
protection of the health, morality or rights and freedoms of others.
3. The holding of peaceful assemblies in covered buildings shall be free.
Article 33. The right to preservation and development of national
minorities' traditions, religion, language and culture
1. Everyone has the right to preserve his or her national and ethnic
identity.
2. The persons belonging to national minorities have the right to
preservation and development of their traditions, religion, language and
culture.
Article 34. Right to asylum. Prohibition of expulsion or extradition
1. Persons persecuted on political grounds have the right to asylum in an
order prescribed by law.
2. No one may be expelled or extradited to a foreign state if in that case
there is a serious threat that the given person would be subjected to death
penalty, torture, or other inhuman or degrading treatment or punishment.
3. The citizens of the Republic of Armenia may be extradited to a foreign
state only in cases stipulated by the international treaty of the Republic
of Armenia.
Article 35. Right to citizenship of the Republic of Armenia
1. The child whose 2 parents are the citizens of the Republic of Armenia,
has the right to Armenian citizenship. Every child with one parent, who is a
citizen of the Republic of Armenia, has the right to citizenship of the
Republic of Armenia. Everyone of Armenian ethnicity has the right to
citizenship of the Republic of Armenia from the moment of residing in the
Republic of Armenia. The other grounds and the procedure of the acquisition
of the citizenship of Republic of Armenia shall be prescribed by law.
2. A citizen of the Republic of Armenia may not be deprived of citizenship.
3. The grounds and procedure for the recovery and termination of Armenian
citizenship shall be prescribed by law.
Article 36. Right to vote
1. The citizens of the Republic of Armenia having attained the age of 18 on
the day of the election or referendum have the right to vote, and the right
to participate in referendums. Foreigners and stateless persons permanently
residing in the Republic of Armenia and having attained the age of 18 have
also the right to vote during the elections of the local self-government
bodies and the right to participate in local referendum.
2. Persons found to be legally incapable by a Court ruling as well as those
persons condemned by a final Court sentence to imprisonment and serving a
sentence, shall not have the right to vote or stand as a candidate or to
participate in referendum.
Article 37. Right to create and join a party
1. Every citizen has the right to create a party with other citizens and to
join any party.
2. The judge and the member of the Constitutional Court may not be a member
of a party. The right to create and join a party of the servants of forced
arms, national security, police and procuracy may be limited by law.
3. The parties shall submit annual reports on their sources of finances and
expenses.
4. The objectives and activity of the parties may not contradict the
Constitution and laws, nor may their structure and practice contradict the
principles of democracy.
5. The activity of the parties may be suspended or prohibited by the
decision of the Constitutional Court.
Article 38. Eligibility for public office
1. Every citizen is eligible for any public office according to his or her
qualifications and professional ability. The citizens are eligible for
public office on a competitive basis, except for the cases stipulated by
law.
2. Public servants serve the whole people. They are obliged to perform their
duties in an impartial and politically neutral manner, based on exclusively
professional considerations.
Article 39. Right to information
1. The citizens have the right to information on the activities of the state
and local self-government bodies and the officials, including the right to
become acquainted with documents.
2. This right may be restricted only by law, if it is necessary for the
protection of the state security or rights and freedoms of the others.
Article 40. Right to good administration
1. Every person has the right to have his or her affairs handled fairly and
within a reasonable time by state and local self-government bodies and
officials.
2. This right, particularly, includes the right of every person to have
access to his or her file, while respecting the legitimate interests of
confidentiality and of professional and business secrecy, as well as obliges
the state and local self-government bodies and the officials to hear him or
her before the adoption of any individual act which involves a burden and to
give reasons for the adopted act.
Article 41. Right to apply to the Defender of Human Rights
Everyone has the right to apply individually or jointly with others to the
Defender of Human Rights in case of the violation of his or her rights by
state and local self-government bodies and officials.
Article 42. Right to petition
1. Everyone has individually or jointly with others the right to petition
the state and local self-government bodies and officials.
2. The state and local self-government bodies and officials are obliged in
due time to give an argued reply to petitions, and in cases of necessity to
undertake corresponding measures.
Article 43. Right to property and inheritance
1. Everyone has the right to own, use, dispose of and bequeath his or her
lawfully acquired possessions. The use of property may be restricted by law
insofar as is necessary for the protection of the general interests.
2. No one may be deprived of his or her possessions, except in the public
interest and in the cases and under the conditions provided for by law,
subject to advance and equivalent compensation.
3. The right of acquisition of land ownership of foreigners and stateless
persons may be restricted by law.
4. Intellectual property shall be protected.
Article 44. Occupational freedom. Prohibition of forced labour
1. Everyone has the right to free choice of work.
2. Everyone has the right of access to a free placement service.
3. No one may be unjustified dismissed. The grounds for dismissal shall be
prescribed by law.
4. It is prohibited to engage the persons not having attained the age of 16
in permanent work.
5. Forced work is prohibited.
Article 45. Freedom to conduct a business
1. Everyone has the right to engage in economic activity not prohibited by
law, including the entrepreneurial activity.
2. Abuse of monopoly or dominant position in the market and bad-faith
competition are prohibited.
3. The restriction of the competition, forms of possible monopolies and
their permitted sizes may be prescribed by law.
Article 46. Fair and just working conditions
1. Every worker has the right to working conditions which respect his or her
health, safety and dignity. Every worker has the right to restriction of
maximum working hours, to daily and weekly rest periods and to an annual
period of paid leave. The volume of these rights shall be prescribed by law.
2. Minors having a secondary education, but not having attained the age of
18, shall have the right to working conditions consistent with their age,
devoid of economic exploitation as well as not impeding their security,
health, physical, psychic, moral and social development and upbringing, the
terms of the implementation of which shall be prescribed by law.
3. Workers or their representatives must, at the appropriate levels, be
guaranteed information on the financial and economic state of their
enterprise and consultation before the adoption of the decisions essentially
affecting their interests in good time.
4. Every worker has the right to minimal remuneration stipulated by law.
Article 47. Right to strike
1. Workers have the right to strike for the protection of their economic,
social and working interests.
2. This right may be restricted only by law, if that is necessary for the
protection of state security or the rights and freedoms of the others.
Article 48. Right to social security
1. Everyone has the right to social security in the cases such as maternity,
having many children, illness, industrial accidents, dependency, loss of an
income earner, old age, unemployment and in the other cases of loss of
employment.
2. The extent and the forms of social security shall be prescribed by law.
Article 49. Right to health care
1. Everyone has the right to benefit from medical aid and service under the
conditions prescribed by law.
2. Everyone has the right to benefit from basic medical aid and services
free of charge. The list and the procedure of the services shall be
prescribed by law.
3. In the cases stipulated by law the medical aid and service presented to
several groups of citizens is free of charge
Article 50. Right to information on the state of the nature and environment,
the quality of food and household goods
Everyone has the right to receive the information on the state of the nature
and environment, the quality of food and household goods.
Article 51. Right to education
1. Everyone has the right to education. Secondary education shall be
mandatory. The minimal duration of the secondary education shall be 10
years. The secondary education shall be free in the state educational
institutions.
2. Every citizen has the right to receive higher and other professional
secondary education in state educational institutions on a competitive
basis.
3. The higher educational institutions have the right to self-government
within the scopes of the law.
Article 52. Right to creation and academic freedom
Everyone is entitled to freedom of literary, artistic, scientific, technical
creation. Academic freedom shall be respected.
Article 53. Recourse to Courts
1. Everyone is entitled to defend in Court the rights and freedoms engraved
in the Constitution and the laws.
2. Everyone has the right to apply for international protection of his or
her rights and freedoms, according to the procedure prescribed by the
international treaties of the Republic of Armenia if all internal legal
means of protection are finished.
Article 54. Right to a fair trial
1. Everyone has the right to public hearing of his or her case within a
reasonable and fair time by the Court.
2. The trial or its part may be held in closed sitting by the Court decision
if it is necessary for the interests of the protection of private life of
parties, public order or state security.
3. The Court act solving the case in essence shall be pronounced publicly.
It may be pronounced in closed Court sitting if that concerns the interests
of minors, matrimonial disputes or child guardianship.
Article 55. Right to have a defender
1. Everyone at his or her own choice has the right to have a defender from
the moment of arrest, detention or presentation of an accusation against him
or her. Everyone who is arrested, detained or presented an accusation must
immediately be informed on the right to have a defender at his or her own
choice and the right to refuse to give any testimony.
2. Every witness has the right to be examined at the presence of his or her
advocate.
Article 56. Presumption of innocence
1. One accused of a crime is considered innocent, as long as his guilt is
not proven by the Court sentence that has taken legal effect.
2. The accused is not obliged to prove his or her innocence. The suspicions
not proven are interpreted in favour of the accused.
Article 57. Other judicial guarantees
1. No one shall be obligated to testify against himself, his or her spouse
and close relatives.
2. It is prohibited to use evidence obtained in violation of the law.
3. Everyone charged with a criminal offence has the following rights:
1) to be informed promptly in a language which he understands and in
details, of the nature and cause of the accusation against him;
2) to have adequate time and facilities for the preparation of his or her
defence;
3) in cases stipulated by law as well as if he has no possibility to protect
his or her rights and freedoms, to receive guaranteed free of charge and
qualified advocacy assistance;
4) to examine the witnesses against him or her;
5) to have the free assistance of an interpreter if he or she cannot
understand the Armenian language.
Article 58. No liability without law. No deprivation of liberty in cases of
administrative liability or failure to fulfil contractual obligation
1. The human being may not be condemned in no other way than by the law in
affect at the moment of the committing the crime.
2. The severity of means of liability must be proportionate to the criminal
offence. The failure to fulfil the contractual obligation, as well as the
administrative liability may not lead to the deprivation of the liberty of a
human being.
3. Laws defining or increasing punishments for the action shall not have
retroactive force. Laws defining or increasing a liability, as well as laws
and other legal acts that worsen the legal status of a person shall not have
retroactive force.
4. Laws abolishing or mitigating punishment for the action shall have
retroactive force. Legal acts that improve the legal status of a person,
remove or mitigate his or her liability shall have retroactive force, if
that is provided by those acts.
Article 59. Right not to be punished twice
1. No one shall be punished again in criminal proceedings for an offence for
which he or she has already been finally acquitted or convicted in
accordance with the law.
2. The provisions of the first part of this article shall not prevent the
reopening of the case in accordance with the law if there is evidence of new
or newly discovered facts or if there has been a fundamental defect in the
previous proceedings, which could affect the outcome of the case.
Article 60. Right to appeal in criminal matters
Every convicted of a criminal offence by Court and every injured person has
the right to have the Court sentence reviewed issued in relation to his or
her case.
Article 61. Right to request a pardon and mitigation of the punishment
Every convicted person has the right to request a pardon or mitigation of
the assigned punishment.
Article 62. Right to apply to the Constitutional Court
Everyone has the right to apply to the Constitutional Court, if all the
other judicial means for the protection of his or her fundamental rights
have been exhausted and if he or she considers that the law or other
normative legal act lying at the basis of the judicial act contradicts the
Constitution.
Article 63. Right to compensation
Everyone has the right to compensation for damage caused by the illegal,
also in cases, prescribed by law, legal decisions, actions or inaction of
the state and local self government authorities and officials while
realizing their powers. The sizes of the compensation shall be prescribed by
law.
Article 64. Other rights and freedoms
The fundamental human and civil rights and freedoms shall not exclude the
other rights and freedoms prescribed by laws and international treaties.
Article 65. Fundamental rights and freedoms of legal persons
The fundamental human and civil rights and freedoms shall apply to legal
persons to the extent that those fundamental rights and freedoms permit.
Article 66. Temporary restriction of the fundamental rights and freedoms
The fundamental human and civil rights and freedoms, except for those
prescribed in articles 14-23, 25, 26, 27, part 1 of article 30, 33, 35, 38,
40-43, part 1 of article 49, 53-62 of the Constitution, may be temporarily
restricted during a state of emergency or martial law in the cases and
procedure prescribed by law only insofar as it is subject to the situation.
Article 67. Aims of the restrictions, broadening of the fundamental rights
and freedoms and the procedure of their implementation
1. In cases stipulated by the constitution the law may provide only such
restrictions of fundamental human and civil rights, which pursue a purpose
corresponding to the Constitution and are apt, necessary and moderate to
achieve that purpose.
2. The restrictions of the fundamental human and civil rights and freedoms
may not exceed the restrictions prescribed by the international treaties of
the Republic of Armenia.
3. In case of necessity the law may broaden the several fundamental rights
and freedoms. In case of necessity the law may define the procedure of
implementation of several fundamental human and civil rights and freedoms.
Article 68. Inviolability of the fundamental human and civil rights and
freedoms
The meaning and essence of the provisions fixed in this chapter on the
fundamental rights of the human and citizen shall be inviolable.
CHAPTER 4.
BASIC HUMAN AND CIVIL DUTIES
Article 69. Duty to respect the Constitution and the laws, others' rights,
freedoms and dignity
1. Everyone shall uphold the Constitution and the laws, and respect the
rights and freedoms of others.
2. The exercise of rights and freedoms shall not serve toward the violent
overthrow of the Constitutional order, for the instigation of national,
racial, or religious hatred or for the incitement to violence and war.
Article 70. Duty to pay taxes, duties and other mandatory payments
Everyone is obliged, in the procedure and the amount prescribed by law, to
pay taxes and duties and make other mandatory payments.
Article 71. Duty to participate in the defence of the Republic of Armenia
Every citizen is obliged to participate in the defence of the Republic of
Armenia in an order prescribed by law.
Article 72. Duty to preserve the environment
Everyone is obliged to preserve the environment and shall be liable in the
manner prescribed by law for the damage caused to it.
CHAPTER 5.
BASIC TASKS AND OBLIGATIONS OF THE STATE
IN THE SOCIAL, CULTURAL AND NATURE PROTECTION SPHERES
Article 73. Basic tasks of the state in the social, cultural and nature
protection spheres
The basic tasks of the state in the social, cultural and nature protection
spheres are:
1) to support the employment for the population and the improvement of
working conditions;
2) to foster housing construction;
3) to support preservation of the health of the population, to create
conditions for effective and affordable medical service for the population;
4) development of physical training and sports;
5) to support development of free of charge higher education;
6) to support development of science and culture;
7) to ensure the preservation and reproduction of an environment safe for
the life and health of people, to implement measures to preserve nature and
the environment from harmful effects, to ensure the rational utilization and
reproduction of the natural resources;
8) to ensure the protection of the interests of the consumers, foster the
improvement of the quality of the goods, services and works;
9) to promote the protection of Armenian historical and cultural values
located in other countries, and shall support the development of Armenian
educational and cultural life within the framework of principles and norms
of international law;
10) to provide for each person free access to national and universal values.
Article 74. Obligations of the state in economic, social and cultural
spheres
1. The state is obliged, within the scope of its possibilities to undertake
necessary measurements for the fulfilment of the purposes prescribed in the
Article 73. The Government shall submit annual reports to the National
Assembly, and the Community leaders - to the Community Council of Elders on
the fulfilment of the undertaken measurements.
2. The state is obliged to preserve the historical and cultural monuments,
as well as other cultural values.
Article 75. Obligatory teaching of fundamentals of the Constitution
The state is obliged to ensure the teaching of the fundamentals of the
Constitution at the secondary educational institutions.
CHAPTER 6.
NATIONAL ASSEMBLY
Article 76. Functions, powers and acts of the National Assembly
1. Legislative power in the Republic of Armenia shall be exercised by the
National Assembly.
2. The National Assembly shall exercise control over the executive power,
adopt the State Budget and perform other functions and powers prescribed by
the Constitutions and laws.
3. The National Assembly shall operate in accordance with its Rules of
Procedure.
4. National Assembly shall adopt decisions in cases stipulated by the
Constitution and laws.
5. The National Assembly may adopt statements and messages of no normative
essence in cases stipulated by its Rules of Procedure.
6. The decisions, statements and messages shall be signed and promulgated by
the President of the National Assembly.
Article 77. Composition and the order of the election of the National
Assembly
1. The National Assembly shall be composed of 101 Deputies.
2. The Deputies shall be elected on the basis of proportional electoral
system.
3. The procedure for election of the National Assembly shall be prescribed
by law.
Article 78. Term of office of the National Assembly
1. The National Assembly is elected for a term of 4 years. Its term of
office shall begin at the moment when newly-elected National Assembly
assembles for its first sitting. The term of office of the National Assembly
shall expire at the moment of opening of the first sitting of the newly
elected National Assembly.
2. The regular election of the National Assembly shall be held 50 days prior
to the expiration of the term of office of the National Assembly.
3. The election of the National Assembly shall not be held during a state of
emergency or martial law. After the state of emergency or martial law is
abolished the election of the National Assembly shall be held during not
soon, than 40 and not late than 60 days.
Article 79. Shortening the term of office of the National Assembly
1. The term of office of the National Assembly may be shortened in cases
stipulated in the Constitution.
2. The National Assembly after the shortening of its term of office shall
continue realization of its powers until the first sitting of newly-elected
National Assembly.
3. After the shortening of its term of office the National Assembly shall
not have the right to express a vote of no confidence against the
Government, to form Government, to initiate the procedure of the removing of
the President of the Republic, to remove at its own initiative the
Prosecutor General, the chairman of the Audit Chamber, the Defender of the
human rights, the members of the TV and Radio commission and the chairman of
the Central Bank.
4. The extraordinary elections of the National Assembly shall be held during
not soon than 30 and not late than 40 days after the shortening of the term
of office of the National Assembly. After the extraordinary election the
newly elected National Assembly sitting shall be convened on the tenth day
after the promulgation of the election results.
Article 80. Requirements concerning the Deputy
Any person having attained the age of 25 on the day of the election, having
a citizenship of the Republic of Armenia and permanently residing in the
Republic of Armenia for the last 5 years, and having the right to vote, may
be elected a Deputy of the National Assembly.
Article 81. Incompatibility
A Deputy may not hold any other office or carry out any other work, except
for scientific, educational and creative work.
Article 82. Payment of the Deputy and the guaranties of his activity
The payment of the Deputy and the guaranties of his or her activity shall be
prescribed by law.
Article 83. Prohibition of imperative mandate
Deputy represents the whole nation. He or she shall not be bound by any
compulsory mandate and shall be guided only by his or her convictions.
Article 84. Immunity of the Deputy
1. A Deputy may not be prosecuted or held liable at any time for actions
arising from his or her status, including voting, as well as his or her
opinion expressed in the National Assembly, if it is not slanderous or
defamatory.
2. A Deputy may not be arrested, detained or subject to any other
restriction of liberty without the consent of the National Assembly, with
the exception of the moment of committing a crime. The President of the
National Assembly is informed about that immediately.
Article 85. Cessation and termination of powers of a Deputy
1. The powers of the Deputy shall cease in cases if the term of office of
the National Assembly is over, the Deputy loses the citizenship of the
Republic of Armenia, is condemned to imprisonment by legally effective Court
sentence, is found to be legally incapable or having limited capacity or
unknown absentee or dead by a legally effective Court ruling, as well as in
case of resignation.
2. The powers of the Deputy may be terminated in case if the provisions of
the Article 81 of the Constitution are breached, the Deputy fails to take
part in at least half of the voting during the regular session without
respectful reasons, by the majority vote of the total number of Deputies.
Article 86. Regular sessions and sittings of the National Assembly
1. Regular sessions of the National Assembly shall be convened from the 1st
of February to the 30th June and from the 1st of September to 30th of
December.
2. The sittings of the National Assembly shall be convened each 2 weeks from
Monday until Wednesday or the Thursday.
Article 87. The extraordinary session and sitting of the National Assembly
1. The President of the National Assembly shall convene an extraordinary
session, upon the demand of at least one quarter of the total number of
Deputies or the Government.
2. The President of the National Assembly shall convene an extraordinary
sitting upon the demand of at least one fifth of the total number of
Deputies or the Government.
3. In case of a state of emergency or martial law an extraordinary sitting
of the National Assembly shall be convened by right.
Article 88. Publicity of sitting of the National Assembly
1. The sittings of the National Assembly shall be public. They shall be
broadcast by public radio. Upon the demand of at least one third of the
total number of the Deputies the sittings of the National Assembly shall be
broadcast by public TV.
2. Upon the proposal of at least one fifth of the total number of Deputies
or the Government closed door sittings may be convened by the National
Assembly by the vote of two thirds of its total number of Deputies.
Article 89. Adoption of the laws, decisions, statements and messages of the
National Assembly
The laws, and decisions, statements and messages of the National Assembly
shall be adopted by the majority vote of the Deputies present at a given
sitting, if more than half of the total number of Deputies has participated
in the voting, with the exception of cases stipulated by the Constitution.
Article 90. President of the National Assembly, his Deputies and the Council
of the National Assembly
1. The National Assembly shall elect a President and his 2 Deputies from its
composition and for the full term of its office.
2. For organizing the works of the National Assembly shall be formed a
Council of the National Assembly composed of the President of the National
Assembly, his or her deputies, one representative from each faction and
chairmen of standing committees.
Article 91. Standing Committees
1. The National Assembly shall create standing committees for the discussion
and preparation of the matters relating to its jurisdiction, as well as for
the parliamentary control on behalf of the National Assembly.
2. In the standing committees seats shall be appropriated to the factions of
the Deputies according to the proportion of their number.
3. The positions of the chairmen of the standing committees shall be
distributed between the factions of the Deputies by the proportion of their
number.
4. Upon the demand of one third of the total number of the members of a
standing committee executive power and local self-government bodies and
officials, are obliged to submit necessary documents and information to the
committee and assist the works of the committee.
5. A standing committee, by the majority vote of the total number of its
members, has the right to require the participation of ministers and other
officials dealing with the issue in its sittings.
Article 92. Temporary committees
1. Temporary committees may be established by the decision of the National
Assembly for the preliminary discussion of draft laws and other matters and
submitting conclusions or information to the National Assembly.
2. The provisions concerning the standing committees shall be applicable
accordingly in relation to the temporary committees.
Article 93. Investigative Committees
1. Upon the demand of at least one quarter of the total number of Deputies,
an investigative committee is established for the purpose of clarifying
facts of public interest.
2. The investigative committee shall be composed of at least one
representative from each of the factions and the party submitting the
demand.
3. The investigative committee shall, upon the demand of the party
submitting the demand in the public sittings or at least one fifth of the
total number of its members, collect necessary information. In case of
necessity the closed sittings may be held.
4. The provisions stipulated for the standing committees shall be applicable
in regard to the investigative committee correspondingly.
Article 94. Right to initiate laws
The right to initiate laws rests with the Deputies and the Government, as
well as at least 20.000 citizens having the right to vote.
Article 95. Discussion of the initiative
1. The legislative initiative must be discussed in the sitting of the
National Assembly within not late than 6 months.
2. If pursuant to the conclusion of the Government the draft law decreases
the state incomes or increases the state expenses, the National Assembly may
adopt that draft law upon the demand of the government only by the majority
of the total number of Deputies.
Article 96. Confidence to Government
1. The Government may during the regular session bring up the issue of a
vote of confidence to the Government in connection with adoption of the
draft law represented by it or other matters. If the National Assembly does
not adopt that draft and does not elect a new Prime minister within 14 days,
the President of the Republic shall immediately shorten the term of office
of the National Assembly. If during the prescribed period the National
Assembly elects a new Prime Minister, the new Government shall be formed in
an order prescribed in the second part of the Article 130 of the
Constitution.
2. The Government may not bring up the issue of a vote of confidence to the
Government more than once during the same session.
Article 97. State budget
1. The National Assembly shall adopt the State Budget upon its presentation
by the Government.
2. The Government shall submit the draft of the State Budget to the National
Assembly for discussion at least 90 days before the start of the new fiscal
year.
3. If the State Budget is not adopted, then before the approval of the state
budget of the given year, the expenditures of the new fiscal year shall be
incurred in the same proportions as in the previous year's budget.
Article 98. Participation of the Prime Minister and Ministers in the
sittings of National Assembly
1. The Prime Minister shall be obligated to participate in the sittings of
the National Assembly upon the demand of the one third of the total number
of Deputies. The ministers, heads of the independent Commissions, the
chairman of the Central Bank and Prosecutor General dealing with the issue
shall be obligated to participate in the National Assembly's sittings upon
the demand of at least one fifth of the total number of Deputies.
2. Members of the Government and their deputies shall have the right to
participate in the sittings of the National Assembly and make out of turn
speeches in relation to their matters.
Article 99. Oral and written questions of the Deputies
1. During the regular session for at least one sitting of the National
Assembly each week the members of the Government shall answer oral questions
raised by Deputies.
2. Deputies shall have the right to address written questions to the members
of the Government. The members of the Government shall answer those
questions within 14 days. The answers to the written questions shall not be
read in the sitting of the National Assembly.
Article 100. Interpellation
1. The fractions of the National Assembly may apply with one written
interpellation to the Government during each session. The Prime Minister and
the Ministers shall answer the interpellation during the regular session
within not late than 30 days after the receipt of the interpellation, and if
the regular session has already closed - during the first sitting of the
next session.
2. The Answers to the interpellations shall be submitted during the sitting
of the National Assembly. Upon the proposal of at least one fifth of total
number of the Deputies the interpellation is discussed. If in the result of
the discussion the draft decision is submitted on the no confidence to the
Government, then the provisions of the Article 102 shall be applied.
A1plus
| 11:49:58 | 07-05-2005 | Politics | DRAFT AMENDMENTS TO THE CONSTITUTION |
02.05.2005
CONSTITUTION OF THE REPUBLIC OF ARMENIA
The Armenian People, recognizing as a basis the fundamental principles of
Armenian statehood and the national aspirations engraved in the Declaration
of Independence of Armenia, having fulfilled the sacred message of its
freedom-loving ancestors for the restoration of the sovereign state,
committed to the strengthening and prosperity of the fatherland, in order to
ensure the freedom, general well being and civic harmony of future
generations, declaring their faithfulness to universal values, hereby adopts
the Constitution of the Republic of Armenia.
CHAPTER 1.
THE FOUNDATIONS OF CONSTITUTIONAL ORDER
Article 1.
The Republic of Armenia is a sovereign, democratic and social state, based
on the rule of law.
Article 2.
In the Republic of Armenia power is vested in the people.
The people exercise its power through free elections and referenda, as well
as through state and local self-government bodies and officials provided by
the Constitution.
The usurpation of power by any organization or individual constitutes a
crime.
Article 3. Human being, his fundamental rights and freedoms as an ultimate
value
1. The human being, his or her dignity and fundamental rights and freedoms
are an ultimate value.
2. The main task of the state shall be the ensuring of the implementation of
the fundamental human rights and freedoms. The fundamental human and civil
rights and freedoms shall bind the public authorities as directly applicable
law.
3. The fundamental human and civil rights and freedoms shall be protected in
accordance with the norms and principles of international law.
Article 4. Principles of suffrage
The elections of the National Assembly, President of the Republic and the
self-government bodies of the communities, as well as referendum, shall be
held based on the right to universal, equal, free and direct suffrage by
secret ballot.
Article 5. Political order
1. Political pluralism and multipartyism shall be the basis for the
political order of the Republic of Armenia.
2. No ideology may be recognized as state or mandatory.
3. The parties shall be formed and act freely. They shall contribute to the
formation, expression and implementation of the political will of the
people.
4. Equal conditions for free activity shall be guaranteed for the parties.
Article 6. Principle of the separation of the powers
State power shall be exercised based on the principle of the separation of
the legislative, executive and judicial powers in accordance with the
Constitution and laws.
Article 7. Hierarchy of legal norms and principle of legality
1. The Constitution shall have supreme legal force and its norms shall be
applicable directly. Laws must comply with the Constitution. Other legal
acts must comply with the Constitution and laws.
2. Universally recognized norms and principles of international law shall
have supremacy over the laws. If international treaties on human rights and
freedoms ratified by the National Assembly stipulate norms other than
stipulated by laws then the norms of treaties shall be applied, save where
the laws comprise more favourable norms.
3. State and local self-government bodies and officials shall be competent
to perform only such acts, for which they are authorized by the Constitution
and laws.
4. State and local self-government bodies and officials shall act in
accordance with the Constitution and laws.
5. The bodies authorized by the Constitution may adopt normative legal acts
on the basis of the Constitution and laws and for the purpose of the
ensuring the implementation of the Constitution and laws. The law shall
predetermine the meaning and content of the given normative legal act. The
relevant normative legal act shall contain a reference to its legal basis.
6. Laws and other normative legal acts shall enter into force only after
their official promulgation.
Article 8. Economic order
Freedom of economic activity and the economic competition shall be the basis
of the economic order of the Republic of Armenia.
Article 9. Local self-government
Local self-government shall be guaranteed as one of the foundations of the
democracy.
Article 10. Basic principles of foreign policy and linkages with Diaspora
1. The foreign policy of the Republic of Armenia shall be conducted in
accordance with the norms and principles of international law, with the aim
of establishing good neighbourly and mutually beneficial relations with all
states.
2. The Republic of Armenia shall run a policy for the developing and
strengthening of comprehensive linkages with the Diaspora, the main
objective of which is the preservation of the Armenian identity.
CHAPTER 2.
STATE LANGUAGE, SYMBOLS AND CAPITAL OF THE REPUBLIC OF ARMENIA
Article 11. The state language of the Republic of Armenia
The Armenian language is the official language of the Republic of Armenia.
Article 12. Symbols of the Republic of Armenia
1. The national colours of the Republic of Armenia are red, blue and orange
with equal horizontal stripes.
2. The coat of arms and the national anthem of the Republic of Armenia shall
be determined by law.
Article 13. The Capital of the Republic of Armenia
The capital of the Republic of Armenia is Yerevan.
CHAPTER 3.
FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS
Article 14. Human dignity
The dignity of the person, as a source of his or her rights and freedoms, is
inviolable. The state is obliged to respect and protect it.
Article 15. Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty or executed.
Article 16. Right to integrity of the persons
1. Everyone has the right to respect for his or her physical and mental
integrity.
2. No one may be subjected to scientific, including medical,
experimentations against his or her will and against his or her will and
without his or her consent. The person shall be informed on the probable
consequences of such experimentations in advance.
3. In the fields of medicine and biology, the following must be respected in
particular:
1) the prohibition of eugenic practices, in particular those aiming at the
selection of persons;
2) the prohibition on making the human body and its parts as such a source
of financial gain;
3) the prohibition of the reproductive cloning of human beings.
Article 17. Prohibition of torture and inhuman or degrading treatment or
punishment
1. No one shall be subjected to torture or to other inhuman or degrading
treatment or punishment.
2. The corporeal punishments are prohibited.
Article 18. Equality before the law
Everyone is equal before the law.
Article 19. Non-discrimination
Any discrimination based on any ground such as sex, race, colour, ethnic or
social origin, genetic features, language, religion or belief, political or
any other opinion, membership of a national minority, property, birth,
disability, age or other personal and social circumstances shall be
prohibited.
Article 20. Equality between women and men
Men and women are legally equal.
Article 21. Right to act free
1. A human being is free to do anything not prohibited by the Constitution
and the laws corresponding to it.
2. The exercise of human rights and freedoms shall not violate the rights
and freedoms of the other persons.
Article 22. Right to liberty and security
1. Everyone has the right to liberty and security of person.
2. The person may be deprived of his or her liberty only in accordance with
the procedure prescribed by law and in the following cases, if:
1) he has been condemned to imprisonment by a Court sentence;
2) he is arrested or detained because of non-compliance with the order of a
Court or in order to secure the fulfilment of an obligation prescribed by
the law;
3) the person is arrested or detained on suspicion of having committed a
crime, or in order to prevent the commission of a crime or his or her
fleeing;
4) the minor is arrested or detained for the purpose of the educational
supervision or for bringing him before the competent authority;
5) a person is arrested or detained for the reason of representing danger to
himself or surroundings;
6) it is necessary to prevent the unlawful entry of a person into the
Republic of Armenia, to expel him from the Republic or extradite him to
another state.
3. The arrested person shall be immediately informed in a language
understandable to him or her about the grounds of his or her arrest and at
least 24 hours later, also the written substantiation of the arrest shall be
provided to him or her. The family or the persons mentioned by the arrested
shall be immediately informed about the arrest.
4. The person may not be arrested more than 48 hours. The arrested has the
right to appeal the decision of his or her arrest, which the Court shall
examine immediately.
5. A person may be detained only by the Court decision. The person may not
be under the detention in pre-trial process for the period not exceeding 6
months. In cases stipulated by law the term of the detention in pre-trial
process may be prolonged by a decision of the Court composed of several
judges.
Article 23. Right to integrity of private and family life
1. Everyone has the right to integrity of his private and family life,
honour and good reputation.
2. Restrictions of these rights shall be allowed only in cases stipulated by
law if that is necessary for the purpose of prevention or detection of
crimes.
Article 24. Right to inviolability of home
1. Everyone has the right to inviolability of the home. It is prohibited to
enter or search the home against the will of the person.
2. In the cases and procedure prescribed by law, the authorized bodies may,
without the decision of the Court and against the will of the residents,
without witnesses, enter the home and carry out a search, if it is necessary
to capture the offender, as well as to protect the other persons or their
property. The Court shall decide the appropriateness of entering the home or
searching it in cases and in an order prescribed by law.
3. The home may be searched only by the Court decision in an order
prescribed by the law.
4. Everyone has the right to be present at the search of his or her home,
which shall be conducted in the presence of at least 2 witnesses.
Article 25. Right to inviolability of correspondence
1. Everyone has the right to inviolability of the confidentiality of
correspondence, telephone conversations, mail, telegram and other
communications.
2. Restrictions of this right shall be allowed only by Court decision in
cases stipulated by law, if that is necessary for the defence of state
security, the prevention or detection of severe crimes.
Article 26. Right to protection of personal data
1. Everyone has the right to the protection of personal data concerning him
or her. The collection, maintenance, use and dissemination of information
about him or her without the person's consent shall be prohibited. The use
of information relating to the person for purposes contravening the aims of
their collection is prohibited. Everyone has the right to become acquainted
with the data concerning him or her available in the state and local
self-government bodies.
2. This right may be limited only by law, if it is necessary for the
protection of an overriding public interest.
3. Everyone may demand correction of non-verified information and
elimination of the illegally received information about him or her.
Article 27. Right to marry and right to found a family. Rights and
obligations of the parents
1. Men and women of marriageable age have the right to marry and found a
family according to their free will.
2. The family as a unit of a man and woman shall enjoy the special
protection and patronage of the state. Dismissal for a reason connected with
maternity is prohibited. Everyone has the right to paid maternity leave and
parental leave following the birth or adoption of a child.
3. The care and upbringing of children are the right and duty of parents.
Children have the right to freely express their opinion, which shall be
taken into account in cases concerning them, accounting for the child's age
and degree of his or her maturity.
4. The restriction of parental rights or their deprivation shall take place
only in cases stipulated by law, by Court decision.
Article 28. Right to free movement
1. Everyone legally residing in the territory of the Republic Armenia has
the right to freedom of movement, choice of residence and to leave the
Republic.
2. Every citizen and everyone legally residing in the Republic of Armenia
have the right to enter the Republic of Armenia.
3. The right to free movement may be restricted only by law, if it is
necessary for the purpose of the protection of state security, public order,
prevention or detection of crimes, protection of health or morality or
protection of the rights and freedoms of the other persons.
4. Those territories, the entry of which is forbidden or limited, shall be
prescribed by law.
Article 29. Freedom of expression and information
1. Everyone has the right to freedom of expression. This right shall include
the freedom to hold his own opinions, as well as to receive and impart
information and ideas through any medium of information without interference
by state and local self-government authorities and regardless of state
frontiers.
2. The freedom of the press, radio, TV and other mass media means shall be
guaranteed. The diversity of informative, educational, cultural and
entertainment programs, the reflection of the opinions existing in the
society in the public TV and radio shall be guaranteed.
3. The right to freedom of expression may be restricted only by law, if it
is necessary for the protection of state security, morality or the rights
and freedoms of the others.
Article 30. Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion.
This right includes freedom to change his or her religion or belief and
freedom, either alone or in community with others and in public or private,
to manifest his or her religion or belief, in worship, teaching, practice
and observance.
2. The exercise of this right may be restricted only by law, if it is
necessary for the protection of health, morality or the rights and freedoms
of others.
3. Every citizen who refuses military service involving armed combat on
grounds of conscience or belief shall be assigned to alternative service.
Article 31. Freedom of associations
1. Everyone has the right to create associations with other persons,
including the right to form trade unions for the purpose of maintenance and
improvement of the working and economic conditions and also the right to
join them.
2. No one can be forced to join any association.
3. The activity of associations may be suspended or prohibited only by Court
decision.
Article 32. Freedom of Assembly
1. Everyone has the right without prior notification to participate in
peaceful assemblies and hold them. In cases stipulated by law the peaceful
assemblies shall be held based on the notification submitted during a
reasonable time.
2. The exercise of this right may be limited only in the cases stipulated by
law, if that is necessary for the preventing mass disorder and crimes,
protection of the health, morality or rights and freedoms of others.
3. The holding of peaceful assemblies in covered buildings shall be free.
Article 33. The right to preservation and development of national
minorities' traditions, religion, language and culture
1. Everyone has the right to preserve his or her national and ethnic
identity.
2. The persons belonging to national minorities have the right to
preservation and development of their traditions, religion, language and
culture.
Article 34. Right to asylum. Prohibition of expulsion or extradition
1. Persons persecuted on political grounds have the right to asylum in an
order prescribed by law.
2. No one may be expelled or extradited to a foreign state if in that case
there is a serious threat that the given person would be subjected to death
penalty, torture, or other inhuman or degrading treatment or punishment.
3. The citizens of the Republic of Armenia may be extradited to a foreign
state only in cases stipulated by the international treaty of the Republic
of Armenia.
Article 35. Right to citizenship of the Republic of Armenia
1. The child whose 2 parents are the citizens of the Republic of Armenia,
has the right to Armenian citizenship. Every child with one parent, who is a
citizen of the Republic of Armenia, has the right to citizenship of the
Republic of Armenia. Everyone of Armenian ethnicity has the right to
citizenship of the Republic of Armenia from the moment of residing in the
Republic of Armenia. The other grounds and the procedure of the acquisition
of the citizenship of Republic of Armenia shall be prescribed by law.
2. A citizen of the Republic of Armenia may not be deprived of citizenship.
3. The grounds and procedure for the recovery and termination of Armenian
citizenship shall be prescribed by law.
Article 36. Right to vote
1. The citizens of the Republic of Armenia having attained the age of 18 on
the day of the election or referendum have the right to vote, and the right
to participate in referendums. Foreigners and stateless persons permanently
residing in the Republic of Armenia and having attained the age of 18 have
also the right to vote during the elections of the local self-government
bodies and the right to participate in local referendum.
2. Persons found to be legally incapable by a Court ruling as well as those
persons condemned by a final Court sentence to imprisonment and serving a
sentence, shall not have the right to vote or stand as a candidate or to
participate in referendum.
Article 37. Right to create and join a party
1. Every citizen has the right to create a party with other citizens and to
join any party.
2. The judge and the member of the Constitutional Court may not be a member
of a party. The right to create and join a party of the servants of forced
arms, national security, police and procuracy may be limited by law.
3. The parties shall submit annual reports on their sources of finances and
expenses.
4. The objectives and activity of the parties may not contradict the
Constitution and laws, nor may their structure and practice contradict the
principles of democracy.
5. The activity of the parties may be suspended or prohibited by the
decision of the Constitutional Court.
Article 38. Eligibility for public office
1. Every citizen is eligible for any public office according to his or her
qualifications and professional ability. The citizens are eligible for
public office on a competitive basis, except for the cases stipulated by
law.
2. Public servants serve the whole people. They are obliged to perform their
duties in an impartial and politically neutral manner, based on exclusively
professional considerations.
Article 39. Right to information
1. The citizens have the right to information on the activities of the state
and local self-government bodies and the officials, including the right to
become acquainted with documents.
2. This right may be restricted only by law, if it is necessary for the
protection of the state security or rights and freedoms of the others.
Article 40. Right to good administration
1. Every person has the right to have his or her affairs handled fairly and
within a reasonable time by state and local self-government bodies and
officials.
2. This right, particularly, includes the right of every person to have
access to his or her file, while respecting the legitimate interests of
confidentiality and of professional and business secrecy, as well as obliges
the state and local self-government bodies and the officials to hear him or
her before the adoption of any individual act which involves a burden and to
give reasons for the adopted act.
Article 41. Right to apply to the Defender of Human Rights
Everyone has the right to apply individually or jointly with others to the
Defender of Human Rights in case of the violation of his or her rights by
state and local self-government bodies and officials.
Article 42. Right to petition
1. Everyone has individually or jointly with others the right to petition
the state and local self-government bodies and officials.
2. The state and local self-government bodies and officials are obliged in
due time to give an argued reply to petitions, and in cases of necessity to
undertake corresponding measures.
Article 43. Right to property and inheritance
1. Everyone has the right to own, use, dispose of and bequeath his or her
lawfully acquired possessions. The use of property may be restricted by law
insofar as is necessary for the protection of the general interests.
2. No one may be deprived of his or her possessions, except in the public
interest and in the cases and under the conditions provided for by law,
subject to advance and equivalent compensation.
3. The right of acquisition of land ownership of foreigners and stateless
persons may be restricted by law.
4. Intellectual property shall be protected.
Article 44. Occupational freedom. Prohibition of forced labour
1. Everyone has the right to free choice of work.
2. Everyone has the right of access to a free placement service.
3. No one may be unjustified dismissed. The grounds for dismissal shall be
prescribed by law.
4. It is prohibited to engage the persons not having attained the age of 16
in permanent work.
5. Forced work is prohibited.
Article 45. Freedom to conduct a business
1. Everyone has the right to engage in economic activity not prohibited by
law, including the entrepreneurial activity.
2. Abuse of monopoly or dominant position in the market and bad-faith
competition are prohibited.
3. The restriction of the competition, forms of possible monopolies and
their permitted sizes may be prescribed by law.
Article 46. Fair and just working conditions
1. Every worker has the right to working conditions which respect his or her
health, safety and dignity. Every worker has the right to restriction of
maximum working hours, to daily and weekly rest periods and to an annual
period of paid leave. The volume of these rights shall be prescribed by law.
2. Minors having a secondary education, but not having attained the age of
18, shall have the right to working conditions consistent with their age,
devoid of economic exploitation as well as not impeding their security,
health, physical, psychic, moral and social development and upbringing, the
terms of the implementation of which shall be prescribed by law.
3. Workers or their representatives must, at the appropriate levels, be
guaranteed information on the financial and economic state of their
enterprise and consultation before the adoption of the decisions essentially
affecting their interests in good time.
4. Every worker has the right to minimal remuneration stipulated by law.
Article 47. Right to strike
1. Workers have the right to strike for the protection of their economic,
social and working interests.
2. This right may be restricted only by law, if that is necessary for the
protection of state security or the rights and freedoms of the others.
Article 48. Right to social security
1. Everyone has the right to social security in the cases such as maternity,
having many children, illness, industrial accidents, dependency, loss of an
income earner, old age, unemployment and in the other cases of loss of
employment.
2. The extent and the forms of social security shall be prescribed by law.
Article 49. Right to health care
1. Everyone has the right to benefit from medical aid and service under the
conditions prescribed by law.
2. Everyone has the right to benefit from basic medical aid and services
free of charge. The list and the procedure of the services shall be
prescribed by law.
3. In the cases stipulated by law the medical aid and service presented to
several groups of citizens is free of charge
Article 50. Right to information on the state of the nature and environment,
the quality of food and household goods
Everyone has the right to receive the information on the state of the nature
and environment, the quality of food and household goods.
Article 51. Right to education
1. Everyone has the right to education. Secondary education shall be
mandatory. The minimal duration of the secondary education shall be 10
years. The secondary education shall be free in the state educational
institutions.
2. Every citizen has the right to receive higher and other professional
secondary education in state educational institutions on a competitive
basis.
3. The higher educational institutions have the right to self-government
within the scopes of the law.
Article 52. Right to creation and academic freedom
Everyone is entitled to freedom of literary, artistic, scientific, technical
creation. Academic freedom shall be respected.
Article 53. Recourse to Courts
1. Everyone is entitled to defend in Court the rights and freedoms engraved
in the Constitution and the laws.
2. Everyone has the right to apply for international protection of his or
her rights and freedoms, according to the procedure prescribed by the
international treaties of the Republic of Armenia if all internal legal
means of protection are finished.
Article 54. Right to a fair trial
1. Everyone has the right to public hearing of his or her case within a
reasonable and fair time by the Court.
2. The trial or its part may be held in closed sitting by the Court decision
if it is necessary for the interests of the protection of private life of
parties, public order or state security.
3. The Court act solving the case in essence shall be pronounced publicly.
It may be pronounced in closed Court sitting if that concerns the interests
of minors, matrimonial disputes or child guardianship.
Article 55. Right to have a defender
1. Everyone at his or her own choice has the right to have a defender from
the moment of arrest, detention or presentation of an accusation against him
or her. Everyone who is arrested, detained or presented an accusation must
immediately be informed on the right to have a defender at his or her own
choice and the right to refuse to give any testimony.
2. Every witness has the right to be examined at the presence of his or her
advocate.
Article 56. Presumption of innocence
1. One accused of a crime is considered innocent, as long as his guilt is
not proven by the Court sentence that has taken legal effect.
2. The accused is not obliged to prove his or her innocence. The suspicions
not proven are interpreted in favour of the accused.
Article 57. Other judicial guarantees
1. No one shall be obligated to testify against himself, his or her spouse
and close relatives.
2. It is prohibited to use evidence obtained in violation of the law.
3. Everyone charged with a criminal offence has the following rights:
1) to be informed promptly in a language which he understands and in
details, of the nature and cause of the accusation against him;
2) to have adequate time and facilities for the preparation of his or her
defence;
3) in cases stipulated by law as well as if he has no possibility to protect
his or her rights and freedoms, to receive guaranteed free of charge and
qualified advocacy assistance;
4) to examine the witnesses against him or her;
5) to have the free assistance of an interpreter if he or she cannot
understand the Armenian language.
Article 58. No liability without law. No deprivation of liberty in cases of
administrative liability or failure to fulfil contractual obligation
1. The human being may not be condemned in no other way than by the law in
affect at the moment of the committing the crime.
2. The severity of means of liability must be proportionate to the criminal
offence. The failure to fulfil the contractual obligation, as well as the
administrative liability may not lead to the deprivation of the liberty of a
human being.
3. Laws defining or increasing punishments for the action shall not have
retroactive force. Laws defining or increasing a liability, as well as laws
and other legal acts that worsen the legal status of a person shall not have
retroactive force.
4. Laws abolishing or mitigating punishment for the action shall have
retroactive force. Legal acts that improve the legal status of a person,
remove or mitigate his or her liability shall have retroactive force, if
that is provided by those acts.
Article 59. Right not to be punished twice
1. No one shall be punished again in criminal proceedings for an offence for
which he or she has already been finally acquitted or convicted in
accordance with the law.
2. The provisions of the first part of this article shall not prevent the
reopening of the case in accordance with the law if there is evidence of new
or newly discovered facts or if there has been a fundamental defect in the
previous proceedings, which could affect the outcome of the case.
Article 60. Right to appeal in criminal matters
Every convicted of a criminal offence by Court and every injured person has
the right to have the Court sentence reviewed issued in relation to his or
her case.
Article 61. Right to request a pardon and mitigation of the punishment
Every convicted person has the right to request a pardon or mitigation of
the assigned punishment.
Article 62. Right to apply to the Constitutional Court
Everyone has the right to apply to the Constitutional Court, if all the
other judicial means for the protection of his or her fundamental rights
have been exhausted and if he or she considers that the law or other
normative legal act lying at the basis of the judicial act contradicts the
Constitution.
Article 63. Right to compensation
Everyone has the right to compensation for damage caused by the illegal,
also in cases, prescribed by law, legal decisions, actions or inaction of
the state and local self government authorities and officials while
realizing their powers. The sizes of the compensation shall be prescribed by
law.
Article 64. Other rights and freedoms
The fundamental human and civil rights and freedoms shall not exclude the
other rights and freedoms prescribed by laws and international treaties.
Article 65. Fundamental rights and freedoms of legal persons
The fundamental human and civil rights and freedoms shall apply to legal
persons to the extent that those fundamental rights and freedoms permit.
Article 66. Temporary restriction of the fundamental rights and freedoms
The fundamental human and civil rights and freedoms, except for those
prescribed in articles 14-23, 25, 26, 27, part 1 of article 30, 33, 35, 38,
40-43, part 1 of article 49, 53-62 of the Constitution, may be temporarily
restricted during a state of emergency or martial law in the cases and
procedure prescribed by law only insofar as it is subject to the situation.
Article 67. Aims of the restrictions, broadening of the fundamental rights
and freedoms and the procedure of their implementation
1. In cases stipulated by the constitution the law may provide only such
restrictions of fundamental human and civil rights, which pursue a purpose
corresponding to the Constitution and are apt, necessary and moderate to
achieve that purpose.
2. The restrictions of the fundamental human and civil rights and freedoms
may not exceed the restrictions prescribed by the international treaties of
the Republic of Armenia.
3. In case of necessity the law may broaden the several fundamental rights
and freedoms. In case of necessity the law may define the procedure of
implementation of several fundamental human and civil rights and freedoms.
Article 68. Inviolability of the fundamental human and civil rights and
freedoms
The meaning and essence of the provisions fixed in this chapter on the
fundamental rights of the human and citizen shall be inviolable.
CHAPTER 4.
BASIC HUMAN AND CIVIL DUTIES
Article 69. Duty to respect the Constitution and the laws, others' rights,
freedoms and dignity
1. Everyone shall uphold the Constitution and the laws, and respect the
rights and freedoms of others.
2. The exercise of rights and freedoms shall not serve toward the violent
overthrow of the Constitutional order, for the instigation of national,
racial, or religious hatred or for the incitement to violence and war.
Article 70. Duty to pay taxes, duties and other mandatory payments
Everyone is obliged, in the procedure and the amount prescribed by law, to
pay taxes and duties and make other mandatory payments.
Article 71. Duty to participate in the defence of the Republic of Armenia
Every citizen is obliged to participate in the defence of the Republic of
Armenia in an order prescribed by law.
Article 72. Duty to preserve the environment
Everyone is obliged to preserve the environment and shall be liable in the
manner prescribed by law for the damage caused to it.
CHAPTER 5.
BASIC TASKS AND OBLIGATIONS OF THE STATE
IN THE SOCIAL, CULTURAL AND NATURE PROTECTION SPHERES
Article 73. Basic tasks of the state in the social, cultural and nature
protection spheres
The basic tasks of the state in the social, cultural and nature protection
spheres are:
1) to support the employment for the population and the improvement of
working conditions;
2) to foster housing construction;
3) to support preservation of the health of the population, to create
conditions for effective and affordable medical service for the population;
4) development of physical training and sports;
5) to support development of free of charge higher education;
6) to support development of science and culture;
7) to ensure the preservation and reproduction of an environment safe for
the life and health of people, to implement measures to preserve nature and
the environment from harmful effects, to ensure the rational utilization and
reproduction of the natural resources;
8) to ensure the protection of the interests of the consumers, foster the
improvement of the quality of the goods, services and works;
9) to promote the protection of Armenian historical and cultural values
located in other countries, and shall support the development of Armenian
educational and cultural life within the framework of principles and norms
of international law;
10) to provide for each person free access to national and universal values.
Article 74. Obligations of the state in economic, social and cultural
spheres
1. The state is obliged, within the scope of its possibilities to undertake
necessary measurements for the fulfilment of the purposes prescribed in the
Article 73. The Government shall submit annual reports to the National
Assembly, and the Community leaders - to the Community Council of Elders on
the fulfilment of the undertaken measurements.
2. The state is obliged to preserve the historical and cultural monuments,
as well as other cultural values.
Article 75. Obligatory teaching of fundamentals of the Constitution
The state is obliged to ensure the teaching of the fundamentals of the
Constitution at the secondary educational institutions.
CHAPTER 6.
NATIONAL ASSEMBLY
Article 76. Functions, powers and acts of the National Assembly
1. Legislative power in the Republic of Armenia shall be exercised by the
National Assembly.
2. The National Assembly shall exercise control over the executive power,
adopt the State Budget and perform other functions and powers prescribed by
the Constitutions and laws.
3. The National Assembly shall operate in accordance with its Rules of
Procedure.
4. National Assembly shall adopt decisions in cases stipulated by the
Constitution and laws.
5. The National Assembly may adopt statements and messages of no normative
essence in cases stipulated by its Rules of Procedure.
6. The decisions, statements and messages shall be signed and promulgated by
the President of the National Assembly.
Article 77. Composition and the order of the election of the National
Assembly
1. The National Assembly shall be composed of 101 Deputies.
2. The Deputies shall be elected on the basis of proportional electoral
system.
3. The procedure for election of the National Assembly shall be prescribed
by law.
Article 78. Term of office of the National Assembly
1. The National Assembly is elected for a term of 4 years. Its term of
office shall begin at the moment when newly-elected National Assembly
assembles for its first sitting. The term of office of the National Assembly
shall expire at the moment of opening of the first sitting of the newly
elected National Assembly.
2. The regular election of the National Assembly shall be held 50 days prior
to the expiration of the term of office of the National Assembly.
3. The election of the National Assembly shall not be held during a state of
emergency or martial law. After the state of emergency or martial law is
abolished the election of the National Assembly shall be held during not
soon, than 40 and not late than 60 days.
Article 79. Shortening the term of office of the National Assembly
1. The term of office of the National Assembly may be shortened in cases
stipulated in the Constitution.
2. The National Assembly after the shortening of its term of office shall
continue realization of its powers until the first sitting of newly-elected
National Assembly.
3. After the shortening of its term of office the National Assembly shall
not have the right to express a vote of no confidence against the
Government, to form Government, to initiate the procedure of the removing of
the President of the Republic, to remove at its own initiative the
Prosecutor General, the chairman of the Audit Chamber, the Defender of the
human rights, the members of the TV and Radio commission and the chairman of
the Central Bank.
4. The extraordinary elections of the National Assembly shall be held during
not soon than 30 and not late than 40 days after the shortening of the term
of office of the National Assembly. After the extraordinary election the
newly elected National Assembly sitting shall be convened on the tenth day
after the promulgation of the election results.
Article 80. Requirements concerning the Deputy
Any person having attained the age of 25 on the day of the election, having
a citizenship of the Republic of Armenia and permanently residing in the
Republic of Armenia for the last 5 years, and having the right to vote, may
be elected a Deputy of the National Assembly.
Article 81. Incompatibility
A Deputy may not hold any other office or carry out any other work, except
for scientific, educational and creative work.
Article 82. Payment of the Deputy and the guaranties of his activity
The payment of the Deputy and the guaranties of his or her activity shall be
prescribed by law.
Article 83. Prohibition of imperative mandate
Deputy represents the whole nation. He or she shall not be bound by any
compulsory mandate and shall be guided only by his or her convictions.
Article 84. Immunity of the Deputy
1. A Deputy may not be prosecuted or held liable at any time for actions
arising from his or her status, including voting, as well as his or her
opinion expressed in the National Assembly, if it is not slanderous or
defamatory.
2. A Deputy may not be arrested, detained or subject to any other
restriction of liberty without the consent of the National Assembly, with
the exception of the moment of committing a crime. The President of the
National Assembly is informed about that immediately.
Article 85. Cessation and termination of powers of a Deputy
1. The powers of the Deputy shall cease in cases if the term of office of
the National Assembly is over, the Deputy loses the citizenship of the
Republic of Armenia, is condemned to imprisonment by legally effective Court
sentence, is found to be legally incapable or having limited capacity or
unknown absentee or dead by a legally effective Court ruling, as well as in
case of resignation.
2. The powers of the Deputy may be terminated in case if the provisions of
the Article 81 of the Constitution are breached, the Deputy fails to take
part in at least half of the voting during the regular session without
respectful reasons, by the majority vote of the total number of Deputies.
Article 86. Regular sessions and sittings of the National Assembly
1. Regular sessions of the National Assembly shall be convened from the 1st
of February to the 30th June and from the 1st of September to 30th of
December.
2. The sittings of the National Assembly shall be convened each 2 weeks from
Monday until Wednesday or the Thursday.
Article 87. The extraordinary session and sitting of the National Assembly
1. The President of the National Assembly shall convene an extraordinary
session, upon the demand of at least one quarter of the total number of
Deputies or the Government.
2. The President of the National Assembly shall convene an extraordinary
sitting upon the demand of at least one fifth of the total number of
Deputies or the Government.
3. In case of a state of emergency or martial law an extraordinary sitting
of the National Assembly shall be convened by right.
Article 88. Publicity of sitting of the National Assembly
1. The sittings of the National Assembly shall be public. They shall be
broadcast by public radio. Upon the demand of at least one third of the
total number of the Deputies the sittings of the National Assembly shall be
broadcast by public TV.
2. Upon the proposal of at least one fifth of the total number of Deputies
or the Government closed door sittings may be convened by the National
Assembly by the vote of two thirds of its total number of Deputies.
Article 89. Adoption of the laws, decisions, statements and messages of the
National Assembly
The laws, and decisions, statements and messages of the National Assembly
shall be adopted by the majority vote of the Deputies present at a given
sitting, if more than half of the total number of Deputies has participated
in the voting, with the exception of cases stipulated by the Constitution.
Article 90. President of the National Assembly, his Deputies and the Council
of the National Assembly
1. The National Assembly shall elect a President and his 2 Deputies from its
composition and for the full term of its office.
2. For organizing the works of the National Assembly shall be formed a
Council of the National Assembly composed of the President of the National
Assembly, his or her deputies, one representative from each faction and
chairmen of standing committees.
Article 91. Standing Committees
1. The National Assembly shall create standing committees for the discussion
and preparation of the matters relating to its jurisdiction, as well as for
the parliamentary control on behalf of the National Assembly.
2. In the standing committees seats shall be appropriated to the factions of
the Deputies according to the proportion of their number.
3. The positions of the chairmen of the standing committees shall be
distributed between the factions of the Deputies by the proportion of their
number.
4. Upon the demand of one third of the total number of the members of a
standing committee executive power and local self-government bodies and
officials, are obliged to submit necessary documents and information to the
committee and assist the works of the committee.
5. A standing committee, by the majority vote of the total number of its
members, has the right to require the participation of ministers and other
officials dealing with the issue in its sittings.
Article 92. Temporary committees
1. Temporary committees may be established by the decision of the National
Assembly for the preliminary discussion of draft laws and other matters and
submitting conclusions or information to the National Assembly.
2. The provisions concerning the standing committees shall be applicable
accordingly in relation to the temporary committees.
Article 93. Investigative Committees
1. Upon the demand of at least one quarter of the total number of Deputies,
an investigative committee is established for the purpose of clarifying
facts of public interest.
2. The investigative committee shall be composed of at least one
representative from each of the factions and the party submitting the
demand.
3. The investigative committee shall, upon the demand of the party
submitting the demand in the public sittings or at least one fifth of the
total number of its members, collect necessary information. In case of
necessity the closed sittings may be held.
4. The provisions stipulated for the standing committees shall be applicable
in regard to the investigative committee correspondingly.
Article 94. Right to initiate laws
The right to initiate laws rests with the Deputies and the Government, as
well as at least 20.000 citizens having the right to vote.
Article 95. Discussion of the initiative
1. The legislative initiative must be discussed in the sitting of the
National Assembly within not late than 6 months.
2. If pursuant to the conclusion of the Government the draft law decreases
the state incomes or increases the state expenses, the National Assembly may
adopt that draft law upon the demand of the government only by the majority
of the total number of Deputies.
Article 96. Confidence to Government
1. The Government may during the regular session bring up the issue of a
vote of confidence to the Government in connection with adoption of the
draft law represented by it or other matters. If the National Assembly does
not adopt that draft and does not elect a new Prime minister within 14 days,
the President of the Republic shall immediately shorten the term of office
of the National Assembly. If during the prescribed period the National
Assembly elects a new Prime Minister, the new Government shall be formed in
an order prescribed in the second part of the Article 130 of the
Constitution.
2. The Government may not bring up the issue of a vote of confidence to the
Government more than once during the same session.
Article 97. State budget
1. The National Assembly shall adopt the State Budget upon its presentation
by the Government.
2. The Government shall submit the draft of the State Budget to the National
Assembly for discussion at least 90 days before the start of the new fiscal
year.
3. If the State Budget is not adopted, then before the approval of the state
budget of the given year, the expenditures of the new fiscal year shall be
incurred in the same proportions as in the previous year's budget.
Article 98. Participation of the Prime Minister and Ministers in the
sittings of National Assembly
1. The Prime Minister shall be obligated to participate in the sittings of
the National Assembly upon the demand of the one third of the total number
of Deputies. The ministers, heads of the independent Commissions, the
chairman of the Central Bank and Prosecutor General dealing with the issue
shall be obligated to participate in the National Assembly's sittings upon
the demand of at least one fifth of the total number of Deputies.
2. Members of the Government and their deputies shall have the right to
participate in the sittings of the National Assembly and make out of turn
speeches in relation to their matters.
Article 99. Oral and written questions of the Deputies
1. During the regular session for at least one sitting of the National
Assembly each week the members of the Government shall answer oral questions
raised by Deputies.
2. Deputies shall have the right to address written questions to the members
of the Government. The members of the Government shall answer those
questions within 14 days. The answers to the written questions shall not be
read in the sitting of the National Assembly.
Article 100. Interpellation
1. The fractions of the National Assembly may apply with one written
interpellation to the Government during each session. The Prime Minister and
the Ministers shall answer the interpellation during the regular session
within not late than 30 days after the receipt of the interpellation, and if
the regular session has already closed - during the first sitting of the
next session.
2. The Answers to the interpellations shall be submitted during the sitting
of the National Assembly. Upon the proposal of at least one fifth of total
number of the Deputies the interpellation is discussed. If in the result of
the discussion the draft decision is submitted on the no confidence to the
Government, then the provisions of the Article 102 shall be applied.