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THE LAW OF THE REPUBLIC OF ARMENIA

ON THE CONSTITUTIONAL COURT

Adopted 09.12.1997
Non official translation

CHAPTER 1
GENERAL TENETS


ART. 1 Composition of the Constitutional Court and its formation

The Constitutional Court shall be made up of nine Members. Five Members shall be appointed by the National Assembly, the other four by the President of the Republic.
The National Assembly shall appoint Members of the Constitutional Court in a manner established by the Constitution.
The Constitutional Court shall be considered established when more than half its Members are appointed.

ART. 2 Designation of the President of the Constitutional Court

The President of the Constitutional Court shall be designated from among its Members by the National Assembly on the basis of a proposal made by the President of the National Assembly.
If the National Assembly is unable to designate a President of the Constitutional Court within 30 days of the formation of the Constitutional Court, the President of the Constitutional Court then shall be designated by the President of the Republic.
The President of the Republic shall designate a President of the Constitutional Court from among the Members of the Constitutional Court.

ART. 3 Qualifications to be a Member of the Constitutional Court

Any citizen of the Republic of Armenia who is 35 years of age and has the right to vote can be appointed to the Constitutional Court if he/she has completed a higher education, has at least 10 years of work experience, has experience in the legal field in the government or scientific institutions, has high moral characteristics and has a command of the Armenian language.
A Member of the Constitutional Court may not hold any other public office or be engaged in any other paid occupation, except for scientific, educational and creative work.
A Member of the Constitutional Court may not be a Member of any political party or engage in any political activity.
A Member of the Constitutional Court may not be an author or co-author of legal acts that are envisaged by Sections 1 and 2 of Article 100 of the Constitution.

ART. 4 Oath of a Member of the Constitutional Court

A Member of the Constitutional Court assumes his/her office in the presence of the President of the Republic at a Session of the National Assembly by taking the following Oath of Office:
By assuming the Office of Member of the Constitutional Court, I swear before the people of the Republic of Armenia that I will defend the Constitution, be impartial and hold high the calling of the Member of the Constitutional Court.

ART. 5 Powers of the Constitutional Court

According to Article 100 of the Constitution and in the manner prescribed by this Law, the Constitutional Court

1) shall decide on whether the laws, the findings of the National Assembly, the orders and decrees of the President of the Republic and the findings of Government are in conformity with the Constitution;
2) shall decide, prior to the ratification of an international treaty, whether the obligations assumed therein are in conformity with the Constitution;
3) shall rule on disputes concerning referenda and the results of Presidential and parliamentary elections;
4) shall ascertain the existence of insurmountable obstacles facing a Presidential candidate or the fact of the removal of such obstacles;
5) shall determine whether there are grounds for the removal of the President of the Republic;
6) shall determine whether there are grounds for the appeal of Sections 13 and 14 of Article 55 of the Constitution;
7) shall determine whether the President of the Republic is incapable of continuing to perform his or her functions;
8) shall determine whether there are grounds for the removal of a Member of the Constitutional Court, the arrest or the initiation of administrative or criminal proceedings through the judicial process;
9) shall decide on the suspension or prohibition of a political party in cases prescribed by law.

ART. 6 Fundamental principles guiding the activities of the Constitutional Court

The fundamental principles guiding the activities of the Constitutional Court shall be independence, controversy, collegiality, and transparency.

ART. 7 Guarantees for the material security of the Constitutional Court

The President of the Constitutional Court shall present to the Government for inclusion in the State budget the projected expenses of the Constitutional Court.
The budget of the Constitutional Court shall be part of the State budget.
The Government shall provide the Constitutional Court with its own building and with necessary equipment to ensure its normal functioning.

ART. 8 Legislation on the Constitutional Court

The powers of the Constitutional Court shall be defined by the Constitution; the procedures of its composition and activities shall be defined by the Constitution and by this Law.
 


CHAPTER 2
THE MEMBER OF THE CONSTITUTIONAL COURT

 ART. 9 Equality of Members of the Constitutional Court

Members of the Constitutional Court shall have equal rights.
When a decision or finding of the Constitutional Court is being adopted, each Member of the Constitutional Court shall have the right to one vote.

ART. 10 Independence of Members of the Constitutional Court

A Member of the Constitutional Court shall be independent and only subject to the law. Any exerting of influence on a Member of the Court in relation to his/her activities is prohibited and shall be persecuted by law.
 

ART. 11 Irremovability of Members of the Constitutional Court

A Member of the Constitutional Court shall be irremovable and may hold office until the age of 70.
A Member of the Constitutional Court may be removed from office on the grounds and by the procedures specified by the Constitution and this Law.

ART. 12 Personal immunity of Members of the Constitutional Court

A Member of the Constitutional Court shall have personal immunity.
A Member of the Constitutional Court may not be detained and subjected to administrative or criminal prosecution through judicial proceedings without the consent of the body that has appointed him/her and a decision of the Constitutional Court.
In the case of the arrest or search of a Member of the Constitutional Court, the President of the Constitutional Court and the body that has appointed him/her must be immediately informed.
A Member of the Constitutional Court may be arrested or searched only with the warrant of the Prosecutor-General of the Republic of Armenia.
The security of the Court and its Members is ensured in a manner prescribed by the law.

ART. 13 Material security of the President and Members of the Constitutional Court.

In order to ensure the activities of the Member of the Constitutional
Court, the state provides the Member with adequate living and working conditions.
The level of compensation of the President and Members of the Constitutional Court shall be determined by law.
In cases where the powers of a Member of the Constitutional Court are terminated because of Point 1 of Part 1 or Point 2 of Part 2 of Article 14 of this Law, a Member is granted a pension equal to 75% of his/her salary as a Member of the Constitutional Court.
The vacation of the Member of the Constitutional Court shall be 36 working days.
Proceeding from the necessity to preliminarily investigate an appeal and a case the President of the Constitutional Court may recall the Members from their vacation.
Upon the presentation by the President of the Constitutional Court judicial qualifications may be granted to the Members of the Constitutional Court.
The respective specialist in the staff of the Constitutional Court shall receive court ranks from the President of the Constitutional Court.

CHAPTER 3
TERMINATION OF THE MEMBERSHIP OF THE MEMBER OF THE CONSTITUTIONAL COURT

ART. 14 Grounds for termination of Membership of a Member of the Constitutional Court

The membership in the Constitutional Court shall be terminated and the post shall be considered vacant when a Member:

1) has reached the age of retirement;
2) has died;
3) has had his/her citizenship withdrawn;
4) has applied in writing to the body that has appointed him/her, requesting to terminate his powers and has informed the Constitutional Court of that appeal and at least in 15 days, but not later than in a month, has reiterated his/her resignation.
5) is determined by a Court of law to be unable to work, missing or dead;
6) has been found guilty by a Court of law.
The membership in the Constitutional Court may be terminated on the basis of a ruling of the Constitutional Court when a Member:

1) has been absent for three consecutive times from the Sessions of the Court without an excuse;
2) has been unable to fulfill for four months his/her duties as a Member of the Constitutional Court because of some temporary disability or other lawful reason;
3) has committed an act disrespectful of the honour and dignity of a Member of the Constitutional Court.
In cases when the membership in the Constitutional Court has been terminated because of the reasons envisaged by part 1 of this Article, the President of the Constitutional Court, in a period of two days after the vacancy has occurred, shall apply respectively either to the President of the Republic or the National Assembly, requesting to appoint a new Member. The Chairperson of the National Assembly shall inform the National Assembly of that request at its closest Session.
If a situation has arisen as a consequence of any of the reasons envisaged in part 2 of this Article, the President of the Constitutional Court shall inform about it in writing the body that has appointed that Member.
The termination of the membership under the conditions specified in point 4 of part 1 of this Article may become a subject for the discussion for the body that has appointed the Member on the basis of a ruling of the Constitutional Court, passed in a manner prescribed by the law.
 

ART. 15 Procedure to fill a vacant position of the President or a Member of the Constitutional Court

Appointment of a new Member of the Constitutional Court shall be made within two months of the termination of a Member's Membership in the Court on the basis of procedures prescribed by the Constitution and this Law.
If the vacant position of the President of the Constitutional Court is not filled by the National Assembly within 30 days, the President of the Republic shall appoint the President of the Constitutional Court within one month.
 

CHAPTER 4
THE ORGANIZATION OF THE ACTIVITIES OF THE CONSTITUTIONAL COURT

ART. 16 Organization of the activities of the Constitutional Court

The President of the Constitutional Court shall organize and direct the activities of the Constitutional Court. The Vice President of the Court shall replace him/her in his/her absence under instruction of the President of the Court.
A Member of the Constitutional Court, appointed by the President of the Constitutional Court, shall replace the Vice-President of the Court in the latter's absence, in a manner consistent with the procedures prescribed by the Constitution, this Law and procedures established by the Constitutional Court.

ART. 17 The President of the Constitutional Court

The President of the Constitutional Court shall:

1) prepare the Sessions of the Constitutional Court;
2) give instructions to the Members of the Constitutional Court, in order to prepare the review of issues during the Sessions of the Court;
3) invite and preside over the Sessions of the Constitutional Court;
4) present to the Constitutional Court the issues to be reviewed at the Sessions;
5) make rulings on the preserving of order during the review of cases, makes requests to the parties and invited persons, which are mandatory for all;
6) represent the Constitutional Court in its relations with other bodies and organizations;
7) be responsible for the general management of the staff of the Constitutional Court, appoint and dismiss the chief of staff, approve the by-laws and the list of positions of the staff;
8) be responsible for the expenditures of the Constitutional Court and ensure its normal functioning;
9) exercise other powers granted him/her by this Law.

ART. 18 Election of the Vice-President of the Constitutional Court

The Constitutional Court shall elect and recall a Vice-President of the Constitutional Court upon recommendation of the President of the Court and by a majority vote of the Members of the Court.
 

CHAPTER 5
THE PRINCIPLES FOR THE REVIEW OF CASES BY THE CONSTITUTIONAL COURT

ART. 19 Collegiality

The review of cases and the adoption of decisions or findings of cases by the Constitutional Court shall be done on the basis of collegiality.
The decisions and findings of the Constitutional Court shall be adopted by voting.

ART. 20 Transparency

The Sessions of the Constitutional Court shall be held in public.
By a majority vote, the Constitutional Court may decide to hold a Session or part of a Session in the absence of the media and the public for the interest of community morals, public order and state security, and for the privacy of the parties and the case.
The decisions and findings adopted by the Constitutional Court shall be announced publicly during the Sessions of the Court.
The Constitutional Court may allow the Sessions to be photographed, taped, video recorded, or broadcast.

ART. 21 Verbal procedures

The review of cases in the Constitutional Court shall be done verbally, except for cases prescribed by Article 21(1) of this Law. During the review of cases, the Court shall hear the explanations of the parties and witnesses, the conclusions of experts, and make public the documents related to the cases.
Those documents whose copies have been distributed to the Members of the Court and the parties before the Session may be exempt from being read during the Session.

ART. 21(1) Written procedures

In cases dealing with the results of the elections of deputies, as well as in cases envisaged by Articles 56 and 62 of this Law, upon the decision of the Constitutional Court, the review of a case at the Session of the Constitutional Court may be conducted by a written procedure.
The review of the case in the Constitutional Court may be done verbally, if it is so applied by the parties in a written appeal.
During the Sessions conducted by a written procedure, the parties, their representatives, public officials, experts and other persons invited by the Constitutional Court to take part in the review shall submit their explanations, conclusions and replies to the questions posed by the Members of the Constitutional Court, upon the decision of the Constitutional Court, both in a written manner and verbally, in a time frame set forth by the Constitutional Court.
In case of a written procedure, all the materials of the case shall be submitted to the Members of the Constitutional Court at least five days prior to the Session.

Art. 21(2) Controversy

At as Session of the Constitutional Court the review of cases is carried out according to the principle of controversy. The parties contribute to the adoption by the Constitutional Court of a resolution of the case by freely expressing their stance, presenting arguments and counter-arguments.

ART. 22 Non-interruption

During each Session the Constitutional Court shall review a case without interruptions, except for the periods of rest and breaks as determined by the Constitutional Court.
Until the review of the case under consideration is completed or postponed the Court may consider other cases only at exceptional instances, if it so decides.

ART. 23 Equality of the parties

During a Session of the Constitutional Court, the parties shall have equal procedural rights and equal opportunity to exercise them.

ART. 24 Language used for the review of cases

The review of cases during Constitutional Court Sessions shall be conducted in the Armenian language.
Persons participating in a Session who do not know the Armenian language are entitled to address the Court in another language. The services of an interpreter will be provided by the Court.
 


CHAPTER 6
THE APPEAL TO THE CONSTITUTIONAL COURT

ART. 25 The right to appeal to the Constitutional Court

The Constitutional Court may hear cases submitted by:

1) the President of the Republic;
2) at least one third of the Members of the National Assembly;
3) Presidential and parliamentary candidates on disputes concerning elections results;
4) the Government, in cases prescribed by Article 59 of the Constitution;
5) the National Assembly in cases prescribed by Article 57 of the Constitution.

ART. 26 The basis for review of cases by the Constitutional Court

The Constitutional Court shall only hear cases that are duly submitted.

ART. 27 The general requirements for the submission of a case

Appeals shall be presented to the Constitutional Court in writing, signed by the authorized individual, individuals or body.
The appeal must include:

1) the appellation of the Constitutional Court;
2) the name (the appellation) and address (legal address) of the appealing party ;
3) necessary information on the representative of the appealing party (if any);
4) the Article of the Constitution which constitutes the basis for the appeal to the Constitutional Court;
5) the position of the appealing party on the issue raised by it with references to the relevant Constitutional norms;
6) the request being made to the Constitutional Court, i.e., the substance of the appeal;
7) the list of documents attached to the appeal.

In addition to the requirements, determined by the Part 2 of this Article, if the appeal is filed on the basis of Points 1 and 2 of Article 100 of the Constitution, those filing the appeal should also indicate the name of the body that has adopted the act which is contested, the title of the act, and the date of its adoption.

ART. 28 Documents to be attached to the appeal

The following documents must be attached to the appeal presented to the Constitutional Court:

1) the mandate or other documents certifying to the mandate of the representative;
2) the Armenian translation of all documents in foreign languages certified in the manner prescribed by law;
3) in case of an appeal related to Points 1 and 2 of Article 100 of the Constitution, copies of the acts.
The appeal may also be accompanied by a list of those witnesses and experts who are proposed to be invited to the Session of the Constitution Court, as well as by other documents and materials.
After the appeal has been accepted, the appealing party may submit new documents only following the decision of the Constitutional Court.

CHAPTER 7
THE PRELIMINARY REVIEW OF THE APPEAL

ART. 29 Adoption of the appeal by the Constitutional Court

Appeals presented to the Constitutional Court shall be subject to mandatory registration.
The registered appeal shall be submitted to the President of the Constitutional Court.
If it is evident that the issue raised in the appeal is subject to the review of the Constitutional Court, or if the appeal does not correspond in form to the requirements of Articles 27 and 28 of this Law, or if it is presented to the Court by bodies, a person or persons who are not authorized to make an appeal to the Court, the Court must inform the appealing party in writing within five days of the presentation of the appeal that the appeal does not meet the requirements of this Law.
The appealing party has the right to reapply to the Constitutional Court having adjusted the appeal to the requirements of this Law.

ART. 30 Preliminary study of the appeal

In the absence of the grounds determined in Part 3 of Article 29 of this Law, the appeal shall be subjected to a preliminary study.
The President of the Constitutional Court shall assign one or more Members of the Constitutional Court to undertake a preliminary study of the appeal, which must be completed no later than eight days following the registration of the appeal, unless other deadlines are prescribed by this Law.

ART. 31 Adopting the case for review

Based on the results of the preliminary study, the Member(s) shall report to the President of the Constitutional Court on the results of his/her (their) preliminary study.
Following the report, the President of the Constitutional Court shall call a Session of the Constitutional Court within three days of the submission of that report, to determine whether the Court accepts to review the case.
If a decision is made to adopt the case for review, the Constitutional Court shall undertake the review of the case no later than twenty days after the registration of the appeal, if there are no other deadlines prescribed in this Law.
The Constitutional Court shall inform the appealing party as well as interested parties and persons of the decision of the Constitutional Court.

ART. 32 Rejecting a case for review

The Constitutional shall decide not to review a case if:

1) the issues raised in the appeal are not subject to the jurisdiction of the Constitutional Court;
2) the appealing party is not authorized to appeal to the Constitutional Court;
3) the issue raised in the appeal has been subject to a prior decision of the Constitutional Court.

ART. 33 Withdrawing the appeal

The appealing party may withdraw the appeal presented to the Constitutional Court until the start of the Session scheduled to review the case.

CHAPTER 8
GENERAL RULES FOR THE REVIEW OF CASES IN THE CONSTITUTIONAL COURT

ART. 34 Session of the Constitutional Court

The Constitutional Court shall review cases during Sessions of the Constitutional Court.
A Session shall be valid if a majority of the total number of Members of the Constitutional Court are present.

ART. 35 The call for a Session

Sessions of the Constitutional Court shall be called and presided over by the President of the Constitutional Court.
In the absence of the President of the Constitutional Court and upon his/her instruction, a Session of the Constitutional Court may be called by and presided over the Vice-President of the Constitutional Court, and in the latter's absence, by one of the Members of the Constitutional Court, as instructed by the President of the Constitutional Court.

ART. 36 Preparing the case for review

To prepare a case for review and to present the circumstances related to the case, the Constitutional Court shall designate a Rapporteur (Rapporteurs) from among its Members.
The Constitutional Court shall determine whether the review of the case shall be conducted verbally or by a written procedure.
In reviewing the appeal and preparing the case for review, a Member (Members) of the Constitutional Court, with the knowledge of the President of the Constitutional Court, shall have the right to request documents, findings and other material from state bodies, official persons, enterprises, institutions, organizations and citizens; he/she (they) can instruct to undertake examinations, studies and research.
Invitees to a Session shall be determined by the President of the Constitutional Court and the Rapporteur (Rapporteurs).
Three days prior to convening of a Session, unless other deadlines are foreseen by this Law, Members of the Constitutional Court, the parties and in case of need and by a decision of the President of the Constitutional Court the invitees are forwarded an announcement of the convening of the Session of the Constitutional Court, copies of the appeal and documents obtained during the preliminary review of the case.
The announcement on the date and time of the Session of the Constitutional Court shall be forwarded to the parties and invitees by the staff of the Constitutional Court.

ART. 37 The rights of a Member of the Constitutional Court

A Member of the Constitutional Court shall have the right:

1) to get acquainted with the materials that relate to the issues which have either been discussed or will be discussed at the Session;
2) to ask questions and receive clarifications on the case under review during the Session;
3) to express his/her opinion on questions relating to the rules of order;
4) to make recommendations and motions.

ART. 38 The duties of a Member of the Constitutional Court

A Member of the Constitutional Court shall have the following duties:

1) to execute the instructions of the President of the Court for the preparation of a case under review;
2) to participate in the Sessions and the vote of the Court;
3) to preserve the confidentiality of the deliberations and the vote undertaken during closed door meetings;
4) to remain faithful to the Oath of the Member of the Constitutional Court.

ART. 39 Parties to the trial

When issues determined by Points 1 and 3-9 of Article 5 of this Law are being resolved, the following can be parties in the Constitutional Court:

1) the state bodies and public officials who have the right to appeal to the Constitutional Court;
2) the state bodies and public officials who have adopted or made public the legal acts that are specified in point 1 of Article 5 of this Law and are being contested in the Constitutional Court;
3) the state body the decisions of which are contested in the Constitutional Court;
4) the President of the Republic, when the grounds for measures taken as envisaged by Sections 13 and 14 of Article 55 of the Constitution are examined;
5) the political party, the suspension or termination of the activities of which is being decided in the Constitutional Court;
6) a Member of the Constitutional Court in cases brought under review on the basis of Point 8 of Article 5 of this Law.

ART. 40 Being named a defendant

If the state organs and individuals determined by Article 25 of this Law have not referred to the defendant or have named the wrong defendant in their appeal to the Constitutional Court, the latter will name the defendant or the proper defendant in the case in its decision to adopt the case.

ART. 41 Representation before the Court

Parties may appear before the Constitutional Court personally as well as through their representatives.
The head of the body appealing to the Constitutional Court, the head of the body having adopted the act in question, or a deputy representing at least one-third of deputies may appear as a representative.
Any party may be presented by its representatives before the Constitutional Court.
A party before the Constitutional Court may have no more than three representatives.

ART. 42 Rights of the parties

The parties may:

1) get acquainted with the materials attached to the case, make extracts;
2) produce documents necessary for the review of the case;
3) present their own point of view on the case;
4) ask questions to the other party, its representatives, the expert and the witness;
5) make motions, proposals.

ART. 43 Duties of the parties

The parties must

1) attend the Constitutional Court Session by the latter's invitation;
2) give explanations and answer questions;
3) produce necessary documents, references, materials concerning the case by order of the Constitutional Court;
4) abide by the rules of the Constitutional Court set for the review of cases.

ART. 44 The procedures of a Session

At a fixed time after having been assured of the validity of the Session, the President shall declare so and announce the case to be reviewed.
The President shall make sure of the presence of the parties and invitees and shall check the mandates of the representatives of the parties, then shall table the question on starting the review of the case. It the Court considers it impossible to start the review of the case, then a decision shall be made to postpone the review.
The President shall explain to the parties their rights and duties.
The review of a case at the Constitutional Court Session starts with the report of the Rapporteur. The Members of the Constitutional Court may ask questions to the Rapporteur.
Following the report, the Constitutional Court shall hear the opinion of the Members of the Court and the suggestions of the parties as to the rules of order of the review of the case and shall reach a decision on this matter. The order of the review of a case decided by the Constitutional Court may be subject to change. During the process of reviewing the case, proposals by Constitutional Court Members regarding the order of examining materials shall be considered immediately.

ART. 45 Combining of cases under review by the Constitutional Court

Each case before the Constitutional Court shall be reviewed at a separate Session. Only cases referring to the same issue may be combined and considered at the same Session by a decision of the Constitutional Court .

ART. 46 Minutes of the Constitutional Court

The minutes of the Sessions of the Constitutional Court shall be kept by the secretariat of the Court.
The minutes of the Session shall be signed by the Presiding Member and the secretary recording the minutes.
The parties may look through the minutes of the Session and introduce their remarks which are attached to the minutes.

ART. 47 Explanations of the parties

The President shall ask the parties to provide explanations on the case under review and to present arguments proving their point of view.
The Constitutional Court shall hear the explanations of the parties in full.
After the explanations of the parties, the Members of the Constitutional Court, the opposing party as well as experts (by the permission of the Court) may ask questions to the presenting party.
The parties shall have no right to use their presentations to make political statements.

ART. 48 Experts' findings, rights and duties

A person possessing special knowledge in the issues of the case under review and not having any interest in the outcome of the case may be invited as an expert at the Constitutional Court Session.
The President of the Constitutional Court shall warn the expert that he/she may be subject to legal prosecution for obviously falsified findings or for refusing to present a finding.
The Constitutional Court shall decide the framework of problems requiring the experts' findings.
An expert may:

1) get acquainted with the case by the permission of the Constitutional Court;
2) ask questions to the parties and witnesses with the permission of the Constitutional Court;
3) request additional materials.
After having presented his/her conclusion, the expert must answer the questions of the Members of the Court and the parties.
The written finding, bearing the signature of the expert, shall be submitted to the Constitutional Court.

ART. 49 Explanations of witnesses

When necessary, the Constitutional Court shall invite to the Session as witnesses and hear the explanations of those individuals who may be aware of any circumstances which may shed light on the case under review.
The witness shall be warned by the President of the Constitutional Court that making obviously false statements or refusal to provide explanations are punishable by law.
The witness must tell all the circumstances known to him/her; he/she must answer the questions of the Members of the Court and of the parties.

ART. 50 Accountability of the expert and witness

The presentation of obviously false findings or obviously false explanations or the refusal to provide findings or explanations to the Constitutional Court is punishable by Law.

ART. 51 Resumption of the case under review

After the summation of the case by the parties, the Constitutional Court may decide to resume the review of the case, should it consider necessary to discover further circumstances and evidence essential for the case.
The parties have the right to make concluding statements on the newly discovered aspects of the case following the resumption of the review of the case.
After summation by the parties, the President of the Court shall declare the case under review closed.

ART. 52 Adopting decisions or conclusions for the case that are in effect

The Constitutional Court shall adopt a decision or conclusion on the case at a closed Session at which only Members of the Constitutional Court are present.
A Member of the Constitutional Court may express his/her own point of view on the issues under discussion; he/she may state his/her position regarding the conclusion of the case.
The number and duration of presentations at the Session shall not be restricted.

The results of the Session shall be recorded by a Member of the Court on the President's instructions. The questions put to the vote and the results of the vote shall be registered for the record. The record shall be signed by the Members of the Constitutional Court who have participated in the Session.

The results of the voting by name shall not be published.
The Session shall continue until the Court adopts a decision or a conclusion.

ART. 53 Dismissing a case

The Constitutional Court shall dismiss a case if:

1) during the Session grounds were discovered that could have caused the Court to reject the appeal under Article 53 of the present Law;
2) the act, the constitutionality of which is being questioned, has been abrogated or has been invalidated before the review of the case or during the process of being reviewed, and it has not been applied.

ART. 54 Mandatory character of the demands of the Court

When performing duties under Article 5 of this Law 5, meeting of the demands of the Court presented to State organs, legislative bodies, institutions, organizations and citizens shall be mandatory.
The demands of the Constitutional Court shall be met within five days after their receipt, unless the Court has designated a different deadline.

During the review of the case, upon revealing instances of violation of law, the Constitutional Court shall inform of these violations the relevant state bodies and public officials.

Refusing or avoiding implementation of the demands, missing deadlines, not meeting the demands or meeting them inadequately shall be punishable by law.
 


CHAPTER 9
THE CHARACTERISTICS OF A CASE UNDER REVIEW AT THE CONSTITUTIONAL COURT


ART. 55 Consideration of a case on the conformity of laws, resolutions of the National Assembly, decrees and orders signed by the President of the Republic, and Government resolutions with the Constitution

With regard to issues determined by Point 1 of Article 100 of the Constitution, the following may appeal to the Court:

1) the President of the Republic;
2) at least one-third of the Members of the National Assembly;
The Constitutional Court shall determine whether the legal acts or its certain provisions referred to in the appeal filed with the Constitutional Court are in conformity with the Constitution or not, proceeding from the following factors:

1) the form of the legal act;
2) the time when the act was adopted, as well as whether it was signed, made public and implemented in compliance with established procedures;
3) the content of the legal act;
4) the necessity of protection and free exercise of human rights and freedoms enshrined in the Constitution, the grounds and frames of their permissible restriction,
5) the principle of separation of powers as enshrined in the Constitution;
6) the permissible limits of powers of state bodies and public officials,
7) the necessity of ensuring direct application of the Constitution.

ART. 56 Consideration of cases of the conformity with the Constitution of obligations assumed under an international agreement

Before the ratification of an international agreement by the National Assembly, the President of the Republic shall appeal to the Constitutional Court with the question concerning the conformity of obligations assumed within the agreement with the Constitution.

The Constitutional Court may adopt one of the following decisions on the case:

1) recognize the obligations deriving from the international agreement as being in conformity with the Constitution;
2) recognize the obligations deriving from the international agreement as a whole or parts of the obligations as not being conformity with the Constitution.

ART. 57 Consideration of disputes relating to the results of referenda, the results of the election of a President and deputies.

With regard to issues determined by Point 3 of Article 100 of the Constitution, the following may appeal to the Constitutional Court:

1) the President of the Republic;
2) at least one-third of the Members of the National Assembly;
3) candidates for President of the Republic and for the National Assembly, on issues related to the results of elections.
The state body, that has summarized the results of referenda or elections, may act as a respondent.
Factual circumstances relating to the case under review by the Constitutional Court may not be a subject for examination.

On issues related to the results of referenda and of elections for President of the Republic and the National Assembly, appeals to the Constitutional Court may be made within seven days after the official announcement of the results.

ART. 58 Consideration of issues on determining whether the obstacles for an effective campaigning for a Presidential candidate are insurmountable or have been removed

With regard to issues determined by Point 4 of Article 100 of the Constitution, the following may appeal to the Constitutional Court:

1) The President of the Republic;
2) At least one-third of the Members of the National Assembly.
Appeals to the Constitutional Court requesting a determination that obstacles to the effective campaigning for a candidate for President of the Republic are insurmountable can be made not later than ten days before the election of the President of the Republic.
The Constitutional Court shall accept the appeal for a preliminary review, review the case and decide upon it within four days after receiving the appeal.

ART. 59 Consideration of the issue on the existence of grounds for the removal of the President of the Republic from his position

With regard to the issue determined by Point 5 of Article 100 of the Constitution, the National Assembly may appeal to the Constitutional Court in cases and in the manner determined by Part 2 of Article 57 of the Constitution.
While exercising this power, the Constitutional Court may

1) demand materials; criminal, civil, administrative case files; verdicts, decisions, findings, certificates and other documents from the offices of the public prosecutor, from the judicial or investigative authorities;
2) invite and listen to authorities and citizens whose explanations may bear upon the decision of the case.

ART. 60 Consideration of the issue whether measures applied in compliance with Sections 13 and 14 of Article 55 of the Constitution have been well-founded

With regard to issues determined by Point 6 of Article 100 of the Constitution, the following may appeal to the Constitutional Court:

1) the President of the Republic;
2) at least one-third of the Members of the National Assembly.
While acting within the authority of the Constitution, the Constitutional Court may:

1) invite and hear the President of the Republic, the President of the National Assembly, the Prime Minister, Members of the National Assembly, highest officers of the armed forces, other authorities and citizens;
2) receive from state organs and authorities any documents, including those which may contain state secrets.
The Constitutional Court, in cases prescribed by section 6 of Article 100 of the Constitution, accepts an appeal for preliminary review, considers the case and issues its findings within twenty-four hours after the appeal has been received.

ART. 61 Consideration of the issue on the incapacity of the President of the Republic to perform his duties and prerogatives

With regard to the issue determined by point 7 of Article 100 of the Constitution, the Government may appeal to the Constitutional Court.
While exercising this power, the Constitutional Court has the rights determined by Article 60 of this Law.

ART. 62 Consideration of the issue on the termination of the mandate of a Member of the Court, about his/her arrest or placing him/her under administrative or criminal accountability on the basis of a Court order

With regard to the issue determined by Point 8 of Article 100 of the Constitution, the following can appeal to the Constitutional Court:

1) the President of the Republic;
2) at least one third of the Members of the National Assembly.
While exercising this power, the Constitutional Court has the rights determined by Article 59 of this Law.
While exercising this power, the Member of the Court, whose Membership is being discussed and whose arrest or administrative or criminal accountability may be decided upon, shall not cast a vote.
The National Assembly reaches the decision of abolishing the Court's Member's mandate by a majority vote of the total number of deputies.

ART. 63 Consideration of the issue of suspending or prohibiting the activities of a political party

With regard to issues foreseen by Point 9 of Article 100 of the Constitution, the Constitutional Court may be appealed to by

1) the President of the Republic;
2) at least one-third of deputies.
When exercising this power, the Constitutional Court exercises the rights determined in Articles 59 and 60 of this Law.

The Constitutional Court may decide to suspend or terminate the activities of a political party if violations of the Constitution or the requirements of the relevant law on the political parties have been detected in the activities of that party.

When exercising this power, the Constitutional Court shall reach a decision by at least two-thirds of the total number of the Court's Members voting.
 

CHAPTER 10
THE ACTS OF THE CONSTITUTIONAL COURT, REQUIREMENTS FOR AN ACT, AND THE ORDER OF ADOBTION OF AN ACT

ART. 64 The Acts of the Constitutional Court

The Constitutional Court shall adopt findings and conclusions.
The findings of the Constitutional Court are final, they are not to be revised. They come into force from the time of their publication.
The application of verdicts of the Constitutional Court shall be mandatory throughout the territory of the Republic.

ART. 65 The types of Acts

The Constitutional Court shall adopt findings on the issues raised in Points 1-4 and 9 of Article 100 of the Constitution.
The Constitutional Court shall adopt conclusions regarding issues raised in Points 5-8 of the Article 100 of the Constitution.
The Constitutional Court shall make findings about the issues connected with the preparation of cases for review, as well as with other problems connected with the organization of its activities, which shall be done on the basis of the majority of the votes of the Members present at the Session, with the exception of the cases foreseen by this Law.

ART. 66 Adopting findings and conclusions

The findings and conclusions of the Constitutional Court shall be adopted by an open vote, by a roll-call of the Members.
The President shall cast his vote last.
The Constitutional Court shall adopt findings on the basis of a majority of the votes of the total number of Members, with the exception of the case foreseen by the Article 63.
The Constitutional Court shall adopt conclusions by at least two-thirds vote of the total number of Members.
A Member of the Constitutional Court does not have the right to abstain during a vote or to refuse to vote.
If the Constitutional Court does not adopt a decision or a conclusion on the matter being deliberated at a closed Session, the appeal shall be deemed rejected.

ART. 67 The demands placed upon findings and conclusions

With regard to issues determined by Points 1 and 2 of Article 100 of the Constitution, a decision shall be adopted based both on the literal meaning of the Act and existing juridical practice.
The Constitutional Court shall adopt findings and conclusions only as to the issues raised in the appeal.
While adopting findings and conclusions, the Constitutional Court shall not be restricted by the reasons and arguments raised in the appeal.
The findings and conclusions of the Constitutional Court shall be made public during the Session and shall be attached to the case file.

ART. 68 The composition of the decision or conclusion

Depending on the nature of the case, a decision or a conclusion by a Constitutional Court shall include the following information:

1) the title of the finding or the conclusion, the year, the date and the place of its adoption;
2) the necessary data about the parties;
3) the issue under review, reasons and grounds;
4) the Constitutional Article in accordance with which the Court is empowered to consider the case;
5) the essence of the appeal in brief;
6) documentary and other evidence which have been investigated by the Court;
7) those Articles of the Constitutional and this Law, in accordance with which a finding or a conclusion has been passed by the Court;
8) arguments verifying the finding or the conclusion adopted by the Court, and if it is necessary also the arguments refuting the insistence of the parties;
9) a statement of a finding or a conclusion;
10) a statement that the finding is final and it is not to be revised;
11) a statement that shall take effect immediately after the publication of the finding.

The finding or the conclusion regarding the case under review by the Court is signed by the President of the Session.

ART. 69 Mailing and publication of the finding or the conclusion

Within three days after their adoption, the findings and conclusions of the Constitutional Court shall be sent to:

1) the parties;
2) The President of the Republic, the National Assembly, the Court of Appeals (and until the formation of that Court, to the Supreme Court) and the Public Prosecutor.
The findings and conclusions of the Constitutional Court shall be published in the official press and bulletins.

ART. 70 Consequences of not applying the verdict

Not applying the verdict of the Constitutional Court or obeying it inadequately, as well as preventing its observance will cause calling to account.

CHAPTER 11
CONCLUDING TENETS


ART. 71 Location of the Constitutional Court

Sessions of the Constitutional Court shall be held at its permanent address, in Yerevan.
The Constitutional Court may also arrange Sessions at other locations in accordance with the decision adopted by at least a two-thirds vote of the total number of Members.

ART. 72 Using State symbols at the Constitutional Court

The State flag of the Republic of Armenia shall be raised at the seat of the Constitutional Court.
The State insignia and the state flag of the Republic of Armenia shall be placed in the Session Hall of the Constitutional Court.
The Members of the Constitutional Court shall wear special uniforms at the Sessions, the style of which shall be determined by the Constitutional Court.

ART. 73 The seal of the Constitutional Court

The Constitutional Court shall be a juridical body; it shall have a seal with the State insignia of the Republic of Armenia on which appears the name of the Constitutional Court.

ART. 74 The staff of the Constitutional Court

The activities of the Constitutional Court shall be ensured by its staff in accordance with its regulations.

ART. 75 Bringing the Law into force

This Law shall come into force from the time of its publication.
The Constitutional Court shall accept appeals one month after the appointment of the first President of the Court.
Within the deadline determined by Part 2 of this Article, the Constitutional Court may be appealed to regarding issues regarding the results of referenda no sooner than a month before and not later than two months after the appointment of the Court President.

Adopted by the National Assembly
December 9, 1997

[Signed]
The President of the Republic of Armenia
Levon Ter-Petrossian
December 29, 1997




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