ON PROTECTION
Non official translation
- Chapter 1. General Statements
- Chapter 2. The competences of the RA President, state and local authorities in the sphere of protection
- Chapter 3. The Functions of Organizations, Enterprises and Institutions as well as the Rights and Obligations of Officials and Citizens in the Sphere of Protection
- Chapter 4. The armed forces and other forces
- Chapter 5. Military situation and mobilization
- Chapter 6. Concluding statements
The present law defines the basis and organizations of the RA protection, the rights and obligations of state and local authorities, enterprises, institutions, organizations, officials and citizens in the sphere of protection, the role and tasks of the RA armed forces (henceforth armed forces), their structure and management in the sphere of the Republic protection, the responsibility for legislation breaches in the sphere of protection.
Article 1: The protection of the Republic of Armenia
The RA protection is a system of social, civil, economic, military, legal and other means and activities for the Republic self-governing, territorial integrity and security.
The protection is organized and carried out according to the RA Legislation in the sphere of protection.
For the purposes of protection armed forces are established and the mobilization of the RA citizens is defined.
To solve the problems related to the protection, according to the prescribed order of the international agreements, military units from foreign countries can be deployed in the territory of the Republic of Armenia.
During the martial law situation frontier forces, internal forces, civil defence forces and national security armed subdivisions (henceforth other forces) can be included in the protection implementation process.
In the present article the enumeration of the forces is comprehensive. The establishment of other military units is prohibited.
Article 2:The organization of the protection of the Republic of Armenia
The organization of the RA protection includes:
1.working out military policy:
2.prevention and assessment of the military risk:
3.legal arrangements of the sphere of protection:
4.the establishment of armed forces with the necessary structure and number, equipped with modern armament and military technology, having military mobilization high preparedness, as well as the planning of their implementation:
5.carrying out recruitment and including the RA citizens into the military service on a contractual basis:
6.international cooperation for the purposes of collective security and joint protection:
7.preparation of the population mobilization, communication means and knots, organizations. enterprises, institutions, state bodies and economy:
8.planning and carrying out regional and civil defence activities:
9.development of military-industrial complex and military science including the organization of the military training:
10.assurance of the keeping of the state and official secret
11.preparing the resources of the armed forces reserve, military trained conscripts as well as the necessary quantity of arms and armament, technology, foodstuffs and other substances:
12.other activities in the sphere of protection.
Article 3: The Legislation of the Republic of Armenia in the sphere of protection
The Legislation of the Republic of Armenia in the sphere of protection consists of the Constitution of the Republic of Armenia, international agreements of the Republic of Armenia, the present law and other Legislative acts.
Article 4: The Competences of the President of the Republic of Armenia in the Sphere of Protection
The President of the Republic of Armenia is the chief commander of the armed forces.
The President of the Republic of Armenia:
1.coordinates the activities of state bodies in the sphere of protection
2.appoints and relieves the highest commanders of the armed forces
3.awards highest military ranks, rewards with RA medals and orders
4.conducts negotiations, seals and signs international agreements relating to the sphere of protection, ratifies intergovernmental agreements
5.declares term military service mobilization of the RA citizens and demobilization of the individuals who have served the determined period
adopts a decision on the use of the armed forces and gives orders of the armed forces chief commander to start military operations
Article 5: The Competencies of the Government of the Republic of Armenia
The Government of the Republic of Armenia:
1.secures the implementation of the RA protection
2.works out and approves the main directions of the RA military policy
3.asserts the plans of the armed forces development, mobilization preparation, allocation and military usage
4.defines the total number and structure of the armed forces
5.within its competency organizes, manages and monitors the activities of the state authorities in the spheres of the armed forces armament, shelter, finance and rear provision
6.provides the preparation of the armed forces reserve, organizes the processing of the mobilization projects, tasks and the plans of the state supply store
7.plans and provides the development of the military industry and military science
8.defines the order of awarding military ranks and the number of the RA citizens subject to mobilization
9.defines the way of the state protective order formation and carries out the monitoring of the protective expenses
10.organizes the implementation of partial or general mobilization, asserts the projects of mobilization reserve and material supply store, manages the mobilization preparation of the economy and its transmission into a martial law legal special regime
11.implements the general planning of the regional and civil defence, defines their organization order, tasks and monitors the implementation of the approved projects
12.works out the state projects on military-patriotic education focused on population and provides their implementation
13.provides the pension and social security of the people in military service, people leveled to them as well as the family members of the people mentioned in these categories prescribed by the law
14.sets up, reforms and dissolves the official enterprises, institutions, organizations and military-training institutions
15.conducts negotiations with foreign countries on protection matters, sign international contracts (agreements), defines the means of military risk reduction and the assurance of confidence between the Republic of Armenia and foreign countries
16.organizes the monitoring of import and export of weapons and military technology, strategic materials, modern technology and the product of dual significance implements other competences prescribed by the laws of the Republic of Armenia.
Article 6: The competences of state regional and local authorities in the in the sphere of protection
Regional governors (mayor of Yerevan city)
1.pursue the regional policy of the RA Government protection sphere
2.provide the implementation of the RA Legislation demands in regions (marzes) in the sphere of protection, the preparation of the armed forces mobilization and its implementation, the legal and social protection of people in military service, people sent to stores and the members of their family
3.carry out preparedness activities of the territory and communication lines and the implementation of mobilization projects and problems for the purposes of protection
4.participate in the planning of regional protection activities and support their realization
5.organize and manage the civil protection works of the population of the region
6.provide the armed forces with material means and other products necessary for vital activity according to the order prescribed by the Legislation.
The competences of the local authorities in the sphere of protection are defined by the laws of the Republic of Armenia.
Charter 3
The Functions of Organizations, Enterprises and Institutions as well as the Rights and Obligations of Officials and Citizens in the Sphere of Protection
Article 7: The functions of enterprises, institutions and organizations and the obligations of officials
According to the state official order the RA enterprises, institutions and organizations as well as their officials carry out the release of military production, assignments and services of repair and supply character, events according to the mobilization preparation plants, create necessary conditions for the fulfillment of their workers' obligations and take part in the fulfillment of civil defence tasks according to the RA Legislation.
Article 8: The rights and obligations of the RA citizens in the sphere of protection
It is the constitutional obligations of each citizen to take part in the protection of the Republic of Armenia. In the sphere of protection the citizens of the RA have the rights guaranteed by the State and bare the responsibility, the implementation of which is arranged by the present law and other legislative acts of the Republic of Armenia.
The military service of the RA citizens in the armed forces of foreign countries and of citizens from foreign countries in the RA armed forces is arranged by the international contracts(agreements).
Article 9: The tasks and structure of the armed forces in the sphere of protection
The armed forces are the bases of the RA protection and provide the armed protection of the republic with the help of military strategic tasks.
The armed forces are to resist the armed attack to protect the territorial integrity of the Republic of Armenia as well as to solve problems according to RA International agreements (contracts).
The armed forces include the complete structure of military units, military groups, military formations of the RA Ministry of Defence, of the enterprises, institutions, organizations and military-educational institutions.
Article 10: The management of the armed forces
The President of the Republic of Armenia and Government of the Republic of Armenia within its competency carries out the general management of the armed forces.
The Minister of Defence of the Republic of Armenia carries out the immediate management of the armed forces.
The Ministry of Defence of the Republic of Armenia is the state governing body of the armed forces, which bears the responsibility for the Republic protection, creation of the armed forces, development and military preparedness.
The Minister of Defence of the Republic of Armenia:
1.studies and assesses civil-military situation, the level of military risk and Republic protection within its competency;
2.participates in working out the main directions of the military policy;
3.submits a suggestion to the RA Government on the structure, number and provision of the armed forces;
4.carries out joint military-technical policy, is considered to be the state customer of the production, scientific-research and repair as well as of the purchase of the armament, military and other equipment;
5.organizes and monitors the financial, technical and rear provision of the armed forces, the preparedness level of the stuff, order and fighting ability;
6.manages the operative provision, military preparedness and the military-patriotic education of the stuff;
7.carries out other competences prescribed by the code of laws of the RA armed forces and other acts of RA Legislation.
The general headquarters of the Ministry of Defence of the Republic of Armenia is the main body of the armed forces operative management, which:
1.works out the projects of the forces usage and mobilization;
2.carries out the forces operative management
3.carries out the mobilization preparation and extension of the armed forces;
4.participates in working out the projects of the mobilization preparation of the Republic economics;
5.organizes the headquarters and forces operative preparation;
6.fulfills other activities for strengthening the Republic's protection and security within its competency.
The tasks, functions and competences of the Ministry of Defence of the Republic of Armenia are defined by the present law, code of laws of the RA armed forces and other legislative acts.
Article 11: The deployment of the armed forces
Ministry of Defence of the Republic of Armenia carries out the deployment of the armed forces by the RA Government defined order.
The deployment of the armed forces outside the territory of the Republic of Armenia is carried out on the basis of RA International agreements (contracts).
Article 12: Other forces
The establishment, management and activity of other forces is carried out on the basis of the laws of the Republic of Armenia.
The other forces:
1. participate in working out the projects of the armed forces usage and provide their implementation in their sphere;
2. participate in the resisting armed attack at the Republic together with the armed forces;
3. carryout other competences in the sphere of protection prescribed by the present law.
The reinforcement of other forces is carried out by the defined order for the armed forces.
Article 13: Martial Law
The RA President declares martial law in case of armed attack at the RA, the presence of its immediate risk or declaration of war by the National Assembly.
Martial law is declared and the legal regime is defined by the RA law on "Martial Law" in the RA and in other parts of the republic.
Article 14: Mobilization
The RA President can declare general or partial mobilization simultaneously with martial law declaration or after it.
Mobilization is a structure of the RA state bodies activity, armed forces (or separate subdivisions) organization activities and activities connected with passing into martial law regime.
Mobilization preparation is carried out at peace times and is aimed at making state governing structure, the armed forces, the economy, regional formations to get ready for protecting the State from armed attack, meeting the demands of population and economy during the war time.
The order of mobilization preparation and conduction is defined by the RA Legislation.
Article 15: Prohibition of parties and public organizations establishment and regulative activities in the armed forces and in other forces
The establishment and regulative activities of parties and public organizations in the armed forces and in other forces are prohibited.
The organization and conduction of party preaching of military enterprises, institutions and organizations in military unites and in the territory of military-educational institutions are prohibited.
Article 16: The provision legality in the armed forces and in other forces
The legality in the armed forces and in other forces is provided by the RA laws and by the defined order of the armed forces and in other forces code of laws.
The RA Prosecutor's office monitors the legality of investigation and preliminary investigation in the armed forces and in other forces by the defined order.
The RA courts carry out the legal investigation of criminal cases in the armed forces and in other forces by the defined order.
Article 17: The responsibility for breaching the RA Legislation in the sphere of protection
People guilty in breaching the RA Legislation in the sphere of protection bare responsibility by the defined order of the RA Legislation.
President of the Republic of Armenia
Levon. Ter-Petrosyan
June 24, 1997
AL-120
| 05.03.2002 | |
| 14.12.2004 | |
| 26.05.2005 | |
| 28.11.2006 |
