ON MAKING SUPPLEMENTS AND AMENDMENTS TO THE CONSTITUTIONAL LAW OF THE REPUBLIC OF ARMENIA “RULES OF PROCEDURE OF THE NATIONAL ASSEMBLY”
Non official translation
Article 1. Part 2 of Article 5 of the Constitutional Law of the Republic of Armenia “Rules of Procedure of the National Assembly” of December 16, 2016, LA-9-N (hereinafter: Law) shall be supplemented with part 4.1 as follows:
“4.1) in the case foreseen by part 3 of Article 129 of the Constitution, shall sign and promulgate the law adopted by the National Assembly.”.
Article 2. In paragraph 4 of Article 7 of the Law, the words “of the parties” shall be replaced by the words “of the parties (alliances of parties).”
Article 3. In Article 15 of the Law:
1) Part 6 shall be stated as follows:
“6. Voting on each issue shall be held immediately after the end of the debate of the issue. A committee member may vote personally for the issue in debate "for," "against" or "abstain" and for the candidate in office - "for" or "against." The committee member who is absent from a sitting of the committee may vote by the procedure prescribed by part 6.1 of this Article.”.
2) the Article shall be supplemented with part 6.1 with the following content:
“6.1. A member of the committee leaving for a business trip by the National Assembly may notify the chairperson of the committee in written form on his decision, relating to voting on the issue, and in a case established by part 2 of Article 13 of the Rules of Procedure, the person replacing him. An official letter signed by the committee member must be given to the chairperson of the committee or to the person replacing him in a closed envelope, in advance, before leaving for a business trip. The title of the issue shall be indicated on the envelope and in the official letter, and in the official letter - the decision of the committee member on the vote on the issue "for," "against" or "abstained," or "for" or "against" for the candidate in the office. The officer presiding over the committee sitting shall open the envelope and shall promulgate the official letter before the vote on the issue. After the vote, the letter shall be attached to the record of the sitting.”.
Article 4. In Article 24 of the Law:
1) the word “inquiry” of the first part of the first sentence shall be replaced by the words “inquiry indicated in the first part of Article 20 of the Rules of Procedure” and the second sentence, after the word “if,” shall be supplemented with the words “indicated in part 1 of Article 20 of the Rules of Procedure,”;
2) the words in paragraph 2 of part 1 “occupying a vacant office” shall be replaced by the words “nominating a candidate for a vacant office;”;
3) the first “competent” word in part 2 shall be replaced with the words “competent Standing Committee of the National Assembly,” and the second “competent Standing Committee” words shall be replaced with the word “that.”
Article 5. In part 1 of Article 29 of the Law, the words “on Monday of the week of regular meetings” shall be replaced by the words “on Friday of the week preceding the first regular meetings, as well as on Monday of the week of other ordinary meetings of the regular session.”.
Article 6. In Article 31 of the Law:
1) the third sentence of part 5, after the word “abstain,” shall be supplemented with the words “and a member of the Council absent at a sitting of the Council may vote as prescribed in part 6 of this Article.”
2) the article shall be supplemented with part 6 with the following content:
“6. A member of the Council who is leaving for a business trip from the National Assembly may notify in a written form to the Chairperson of the National Assembly or a deputy replacing him/her about his decision regarding the voting on an issue. In advance, before leaving for a business trip, the official letter in a closed envelope and signed by the member of the Council shall be handed over to the Chairperson of the National Assembly or the deputy replacing him/her. The name of the issue shall be indicated on the envelope and the decision of the Council member on voting for the issue “for”, “against” or abstained” shall be indicated in the official letter. The officer presiding over the sitting of the Council shall open the envelope and shall promulgate the official letter before the voting. After the voting, the letter shall be attached to the record of the meeting.”
Article 7. Part 6 of Article 33 of the Law shall be supplemented with paragraph 5.1 with the following content:
“5.1) According to the proposal of the Government a debate of a draft law regarding the amendment of the structure of the Government;”.
Article 8. In Article 34 of the Law:
1) Part 1 shall be supplemented with a new sentence with the following content: “The resolution shall come into force from the moment of its adoption.”;
2) Part 3 shall be stated with the following edition;
“3. The first composition of the Counting Commission, in accordance with the principles as prescribed in 2-6 parts of Article 11 of the Rules of Procedure, shall be approved by the presiding officer over the sitting of the National Assembly, and the amendments to the composition of the commission shall be approved by the Chairperson of the National Assembly.”;
3) the word “the head” in part 7 shall be replaced with the word “the chairperson”.
Article 9. In Article 36 of the Law:
1) part 1, after the word “Friday,” shall be supplemented with the words “, but not later than the end of the terms, specified in part 1 of Article 35 of the Rules of Procedure;”
2) part 2 has expired;
3) part 3, after the word “days,” shall be supplemented with the words “and not later than the end of the terms specified in part 1 of Article 35 of the Rules of Procedure;”
4) Part 5 shall be stated with the following edition:
“5. Regular sittings may be moved no more than once during the regular session of the same convocation. Regular sittings of the first regular session, as well as sittings on the agenda, which are subject to compulsory debate with the exception of the issues specified in paragraph 18.1 of part 3 of Article 38 of the Rules of Procedure, cannot be moved. Regular sittings of the last week of the regular session can be moved only by the provision of the terms specified in part 1 of Article 35 of the Rules of Procedure.”
Article 10. In the Article 38 of the Law:
1) part 3 shall be supplemented with paragraph 18.1 with the following content:
“18. 1) the issue on debating an amendment to the Constitution or the draft law for the second reading;”
2) Part 4 shall be stated with the following edition:
“4. Issues subject to compulsory debate shall be included in the draft agendas of regular sessions and sittings simultaneously, with the exception of:
1) the issues specified in part 18 of part 3 of this Article, which shall be included in the draft agenda of regular sittings within two months after they are submitted to the National Assembly for a debate:
2) the issues specified in paragraph 18.1 of part 3 of this Article which are included in the agenda of the regular session from the moment of inclusion of the issue on the debate of the relevant draft in the first reading on the agenda of the regular session, and in the draft agenda of regular sittings, are included by the procedure established by paragraph 1 of part 2 of Article 39 of the Rules of Procedure.”
3) paragraph 2 of part 5 after the word “conclusion,” shall be supplemented with the words “with the exception for the issues specified in paragraph 18.1 of part 3 of Article 38 of the Rules of Procedure,”;
4) paragraph 3 of part 5 after the words “not submitted” shall be supplemented with the words “, with the exception of the issues specified in paragraph 18.1 of part 3 of Article 38 of the Rules of Procedure”;
5) Part 8 shall be supplemented with paragraph 7 with the following content:
“7) the total duration of the debate of the issue shall be increased by the time required for the speeches envisaged by paragraphs 3 and 4 of this part.”.
Article 11. In Article 39 of the Law:
1) paragraph 1 of part 2 after the words “subject to mandatory debate,” shall be supplemented with the words “including the issues on debating the amendments to the Constitution or the draft laws for the second reading, on which the conclusion of the head committee has been received, or the deadline for submitting the conclusion has expired,”
2) in part 4, the words “Monday of the forthcoming week” shall be replaced with the words “Friday of the week preceding the first regular sittings of the regular session as well as on Monday of the week of the other regular sittings”;
3) in part 9, the words “in paragraph 4” shall be replaced with the words “in paragraph 5”.
Article 12. Part 5 of Article 40 of the Law shall be stated with the following edition:
“5. The debate of the agenda issues shall continue after the debate on an urgent topic of public interest, answer/s to interpellation, or the lack of issue/s considered extraordinary, as well as after finishing the debate thereof. After the questions of Deputies to the Prime Minister and to the members of the Government, as well as after concluding the statements of the Deputies, the sitting shall be concluded.”
Article 13. In Article 41 of the Law:
1) clause 2 of part 3 after the words “the day and hour of the beginning of the extraordinary sitting” shall be supplemented with the words “as well as the procedure for holding an extraordinary sitting, the days of sittings and the number of sittings to be held during each day;”
2) in part 5, the word “law” shall be replaced with the words “draft law”;
3) in part 6, the words “of the same law in several readings” shall be replaced by the words “the same draft law in the first and second readings;”
4) paragraph 2 of part 8, after the words “sitting of the National Assembly”, shall be supplemented with the words “as well as place drafts of agenda issues shall be put on the official website of the National Assembly within 24 hours.”
Article 14. In Article 44 of the Law:
1) part 6 after the word “law” shall be supplemented with the word “draft”;
2) paragraph 2 of part 9 after the word “session” shall be supplemented with the words “, and the agenda of the extraordinary session, as well as the drafts of agenda issues, shall be put on the official web site of the National Assembly within 24 hours.”
Article 15. In part 2 of Article 45 of the law, the words “up to 15 minutes” shall be replaced by the words “with a necessary time for answering the question, concluding the speech or holding an open voting.”
Article 16. In Article 50 of the Law:
1) the title, after the words “by the Constitution” shall be supplemented with the words “or the Rules of Procedure;”
2) Parts 1-3, before the word “convened by virtue of law,” shall be supplemented with the word “immediately”;
3) shall be supplemented with part 2.1 with the following content:
2.1. In a case established by part 3 of Article 140 of the Rules of Procedure, the issue of the election of the Prime Minister shall be debated at the special sitting of the National Assembly convened by virtue of law at 12 pm of the day following the expiration of the term for the nomination of candidates for the Prime Minister.
4) in part 5, the words “parts 1-3 of this Article” shall be replaced by the words “by the Constitution or the Rules of Procedure”.
Article 17. Article 56 of the Law shall be supplemented with part 1.1 with the following content:
“1.1. If the total duration of the debate of the issue is not established or no other time limit for the report is established by the Rules of Procedure, then twenty minutes shall be allotted for the main report and the co-report.”
Article 18. Article 59 of the law shall be supplemented with part 2.1 with the following content.
2.1. A Deputy, immediately after a vote and before the statement of the presiding officer at the sitting, by the procedure prescribed by part 7 of Article 60 of the Rules of Procedure, may once take the floor with a statement about the failure of his electronic system of roll call and his decision on voting "for," "against" or "abstained" the issue on a vote, as well as about his decision on voting "for" or "against" a candidate for an elected office.
Article 19. In Article 60 of the law
1) part 4 shall be stated with the following edition;
“4. A Deputy present at a sitting of the National Assembly shall personally vote "for," "against," "abstained" for an issue put to a vote, and for a candidate for an elected office "for" or "against" or may refuse to participate in voting. A Deputy who is absent at a sitting of the National Assembly may vote in accordance with the established procedure of part 5 of this Article.”
2) The third sentence of part 5 shall be stated with the following edition;
“On the envelope, as well as in the official letter there shall be indicated the title of the question, and in the official letter also the Deputy's decision on voting "for," "against" or "abstained" for a candidate for office.”
3) part 7, after the words “of the results” shall be supplemented with the wods “decisions announced by the procedure established by part 2.1 of Article 59 of the Rules of Procedure,”
Article 20. In part 1 of Article 61 of the law the word “vote” shall be replaced with the words “vote on recommendation of the presiding officer over the sitting of the National Assembly”
Article 21. The first sentence of part 2 of Article 62 of the Law shall be supplemented with the words “or not prescribed by a resolution of the National Assembly” after the words “is not prescribed by the Rules of Procedure,” and in the same sentence, the words “from one to six hours, as well as more than six hours” shall be replaced by the words “one hour.”
Article 22. Part 1 of Article 63 of the Law shall be stated by the following edition:
“1. The debate of the issue shall not begin and shall be postponed without a vote on the proposal of the main presenter, as well as at the beginning of the debate, in case he/she is absent. If within two months after the postponement of the debate, the main presenter does not appear for the debate of the issue with a written application addressed to the Chairperson of the National Assembly, then the issue shall be withdrawn from circulation.
The debate of the issue by the procedure prescribed by this part may be postponed once.”
Article 23. In part 4 of Article 65 of the Law, the words “with the procedure established by the Law” shall be replaced by the words “with the procedure established by the constitutional Law.”
Article 24. Paragraph 1 of Part 1 of Article 68 of the Law shall be stated as follows:
“1) the main speaker, by the established procedure, shall not be present at the debate of the issue after postponing the debate of the issue upon his proposal, or in case of his absence at the beginning of the debate of the issue, at a sitting of the National Assembly or the head committee.”.
Article 25. In Article 71 of the Law:
1) from paragraph 1 of part 2, shall be removed the words “on the basis of which the draft shall be included in the draft agenda of the next session of the National Assembly”;
2) Part 3 shall be stated by the following edition:
“3. By the proposal of the main speaker, as well as in case of his absence at the beginning of the debate, the debate of the issue shall not begin and shall be postponed without a vote. If the main speaker, within two months after the postponement of the debate, shall not be present for the debate of the issue by the written application, addressed to the chairperson of the committee, then the issue shall be withdrawn from circulation. The debate of the issue by the procedure prescribed by this part may be postponed once.”.
3) in the first sentence of part 6, the words “Friday preceding the forthcoming sittings of the National Assembly” shall be replaced by the words “Friday of the week preceding the first regular sittings of the regular session, as well as on Monday of the week of other regular sittings at 12 pm.”
4) Part 7 shall be stated with the following edition:
“7. After receiving the conclusion of the head committee, the Chairperson of the National Assembly, by the procedure established by Article 38 of the Rules of Procedure, shall include the issue on debating the draft in the first reading in the relevant section of the draft of the agenda, or the additions made to it, of the regular session and the issue on debating the draft in the second reading: in the section of issues, subject to compulsory debate.”.
Article 26. In part 1 of Article 72 of the Law, the words “the Law” shall be replaced by the words “In the cases established by the Rules of Procedure, the elaborated draft law.”.
Article 27. In part 6 of Article 74 of the Law, the word “convened” shall be replaced by the words “immediately convened.”.
Article 28. In part 3 of Article 75 of the Law, the words “Fridays preceding regular sittings” shall be replaced by the words “Thursday of the week preceding the first regular sittings, as well as Friday of the week preceding the other regular sittings.”.
Article 29. In part 2 of Article 76 of the Law, the word “Law” shall be replaced with the words “Constitutional Law.”.
Article 30. In Article 77 of the Law:
1) part 1 after the words “shall belong” shall be supplemented with the words “to the author,”;
2) in part 2, shall be removed the words “, and in case the project is included in the agenda of extraordinary sessions or sittings of the National Assembly within 24 hours”;
3) in part 3, the word “draft,” shall be replaced with the words “, as well as draft laws on ratification, suspension or renunciation of international treaties”;
4) the Article shall be supplemented with part 4 with the following content:
“4. If the issue for debate in the first reading has been included on the agenda of the extraordinary session or sitting of the National Assembly and the deadline prescribed by part 2 or 3 has not expired, then the written proposals may be submitted within two working days after the publication of the agenda of the session or sitting, as well as draft agenda issues on the official website of the National Assembly.”.
Article 31. In Article 78 of the Law:
1) in part 1, the words “in case the draft is included in the agenda of an extraordinary session or sitting of the National Assembly,” shall be replaced with the words “and in case envisaged by part 4 of Article 77: within two working days after the deadline for the submission of written proposals.”;
2) the second sentence of paragraph 5 of part 4 shall be stated as follows: “In case the main presenter submits the elaborated draft at least three working days before the forthcoming sitting of the committee, it, without a debate, shall be put to a vote at that sitting by the prescribed procedure by paragraphs 2-4 of this part.”;
3) paragraph 1 of part 6 shall be supplemented with the word “week” after the word “Friday.”
Article 32. In part 6 of Article 79 of the Law, the words “preceding the week of the regular sittings” shall be replaced by the words “week preceding the regular sittings”.
Article 33. In Article 81 of the Law:
1) Part 1 shall be stated with the following content:
“1. The author, the faction and the Government have the right to submit written proposals regarding the draft law, adopted in the first reading, as well as other Deputies, in addition to the author, but regarding only the amended provisions of the draft put into circulation.”.
2) from part 2 shall be removed the words “, and in case the issues, on the debate of the draft of the same law are included in the first and second readings on the agenda of the extraordinary session or the sitting of the National Assembly within the time period established by the resolution of the National Assembly envisaged in accordance with part 6 of Article 41 or part 7 of Article 44 of the Rules of Procedure”;
3) to supplement the Article with parts 2.1 and 2.2 with the following content:
2.1. If issues on the debate of the draft of the same law are included in the first and second readings on the agenda of the extraordinary session or the sitting of the National Assembly, written proposals may be submitted within the time period prescribed by the resolution of the National Assembly, foreseen in accordance by part 6 of Article 41 or part 7 of Article 44 of the Rules of Procedure.
2.2. If the issue on debating the draft law in the second reading, which was adopted in the first reading, is included in the agenda of the extraordinary session or the sitting of the National Assembly and the deadline established by part 2 of this Article has not expired, then the written proposals may be submitted, within two working days, after the publication of the draft agendas of an extraordinary session or sitting, as well as agenda draft issues on the official website of the National Assembly.
4) in part 3 the words “by part 2” shall be replaced by the words “by parts 2 and 2.2”.
Article 34. Part 1 of Article 82 of the Law, after the words “within two weeks after the deadline for submitting written proposals,” shall be supplemented with the words “In a case foreseen by part 2.2 of Article 81 of the Rules of Procedure it shall be debated within two working days after the deadline is expired for the submission of written proposals,”;
Article 35. Part 5 of Article 84 of the Law shall be supplemented with the word “Constitutional” after the words “of the Republic.”
Article 36. In part 1 of Article 90 of the Law, after the word “duration” shall be supplemented with the words “in accordance with the procedure established by this Article.”
Article 37. In part 3 of Article 96 of the Law, the words “of the second week of regular sittings” shall be replaced by the words “second regular sitting.”
Article 38. In part 4 of Article 101 of the Law, the words “preceding the week of the regular sittings” shall be replaced with the words “week preceding the regular sittings”.
Article 39. The first paragraph of part 1 of Article 102 of the Law shall be stated with the following edition.
1) the main presenter, in accordance with the established procedure, shall not be present for the debate of the issue after the postponement of the debate of the issue on his proposal, or in case he is absent at the beginning of the debate of the issue at a sitting of the National Assembly or the head committee.
Article 40. In Article 109 of the Law:
1) part 3 shall be recognized expired;
2) part 4 shall be stated with the following edition;
“4. The right to submit a draft resolution of the National Assembly on the appeal to the Constitutional Court on the issue of termination of powers of a judge of the Constitutional Court shall belong to a faction. If a judge of the Constitutional Court has committed a significant disciplinary violation or acquired such a physical defect or disease as determined by a Government decision, due to which he is unable to further exercise the powers of a judge of the Constitutional Court, the draft resolution of the National Assembly may be submitted within two weeks after the relevant grounds become known.”
3) shall be supplemented with part 9, with the following content;
“9. An appeal on the issue of termination of powers of a judge of the Constitutional Court, submitted to the Constitutional Court, may be removed by a resolution of the National Assembly. The right to introduce such a draft shall belong to a faction. The draft shall be submitted to the National Assembly for a debate and put into circulation in a common procedure.”
Article 41. Article 111 of the Law shall be supplemented with part 3 with the following content:
“3. An appeal on the issue of suspension or prohibition of the activities of the party submitted to the Constitutional Court may be removed by a resolution of the National Assembly. The right to submit such a draft shall belong to a faction. The draft shall be submitted to the National Assembly for a debate and put into circulation in a common procedure.”.
Article 42. From paragraph 1 of part 2 of Article 123 of the Law, shall be removed the words “and the term”.
Article 43. In Article 125 of the Law:
1) in part 2, the words "as well as a standing, Ad-hoc committee or faction" shall be replaced with the words “standing or ad-hoc committee as well as by a faction;”;
2) in part 5, the words “the committee convening” shall be replaced by the words “the body convening.”.
Article 44. In part 2 of Article 129 of the Law, the number “7” shall be replaced by the number “3.”
Article 45. In Article 134 of the Law:
1) in part 2, the words “of the Electoral Code of the Republic of Armenia” shall be replaced with the words “Constitutional Law of the Republic of Armenia “The Electoral Code of the Republic of Armenia” ՚;
2) parts 3 and 4, after the words “management body of the Republic of Armenia” shall be supplemented with the words “conducting the state register of the population,”;
3) in parts 3 and 4, the words “business trip” shall be replaced by the words “staying in a foreign country”.
Article 46. Article 135 of the Law shall be supplemented with part 4 with the following content:
“4. The person elected or appointed by the National Assembly, in the cases established by the Constitution or a law, shall take the office with swearing at a sitting of the National Assembly.”.
Article 47. In Article 139 of the Law:
1) the third sentence of part 5 shall be stated with the following content: “In a case of non-compliance with the requirements of the Constitution or requirements of part 3 of this Article, the Chairperson of the National Assembly shall return the application and the documents presented attached to it, to the representative of the Deputies, specifying the reasons.”;
2) part 6, after the words “by virtue of law” shall be supplemented with the word “immediately” and after the words “at a special sitting” shall be supplemented with the words “about which the Chairperson of the National Assembly shall take the floor with a statement.”.
Article 48. In Article 140 of the Law:
1) part 2 shall be stated with the following edition:
“2. A candidate for Prime Minister shall be nominated by a resolution of a faction, and in case of a political coalition, by a resolution of all factions in the composition of the coalition. The full names of the candidate for Prime Minister and the representative of the faction (factions) who has the right to present him/her shall be indicated in the resolution. The documents certifying the provision of the requirements, established by the Constitution, shall be attached to the resolution. In case of non-compliance with the requirements of the Constitution, the Chairperson of the National Assembly, within six hours, shall return the resolution and the attached documents to the faction, specifying the reasons.”;
2) part 3 shall be stated with the following edition:
“3. In cases foreseen by parts 1 and 6 of this Article, the issue of the election of the Prime Minister shall be debated at a sitting of the National Assembly on the following day after the expiry of the term for the nomination of candidates for the Prime Minister. In case no regular sittings of the National Assembly are held on that day, the issue of the election of the Prime Minister shall be debated at 12:00 pm, on the day following the expiration day of the term for the nomination of candidates for Prime Minister, at a special sitting of the National Assembly convened by virtue of law, about which the Chairperson of the National Assembly shall take the floor with a statement.”;
3) part 4 shall be stated with the following edition:
“4. In cases foreseen by parts 1 and 6 of this Article, the issue of the election of the Prime Minister shall be debated at a sitting of the National Assembly by the procedure prescribed in part 7 of Article 139 of the Rules of Procedure.”;
4) part 6 shall be supplemented with a second sentence with the following content: “In this case, the candidates for the Prime Minister may be nominated within six days after the voting, as foreseen by part 5 of this Article.”;
5) in the second sentence of part 7, shall be removed the words “and by the Law”, and the same part shall be supplemented with a new sentence with the following content: “In case of non-compliance with the requirements of the Constitution, the Chairperson of the National Assembly, within six hours, shall return the application and the attached documents to the representative of Deputies, specifying the reasons.”;
6) part 8 shall be recognized expired;
7) in part 9, the first sentence shall be removed.
Article 49. In Article 141 of the Law:
1) part 1 after the words “the office of a judge of the Constitutional Court” shall be supplemented with the words “, as well as within six months preceding the end of the term of office or reaching the age limit for office of a judge of the Constitutional Court”;
2) part 3 after the words “judges of the Constitutional Court” shall be supplemented with the words “, and in case of termination of powers or reaching the maximum age of tenure of a judge of the Constitutional Court, within ten days after receiving the relevant information from the Chairman of the Constitutional Court”;
“3) part 4 shall be supplemented with a new sentence with the following content: “In case of non-compliance with the requirements of the Constitution or the law, within two working days, the Chairperson of the National Assembly shall return the application and the attached documents to the body nominating the candidate, specifying the reasons, which body is then obliged to nominate a new candidate within five days.”;
4) in part 5 shall be removed the words “, and in case of non-compliance with the requirements of the Constitution or the law, shall return the application and the documents attached to it to the body that nominated the candidate, indicating the reasons”;
5) part 7 shall be supplemented with a new sentence with the following content: “A newly elected judge of the Constitutional Court, in case elected within six months preceding the end of the term of the office or reaching the age limit for office of a judge of the Constitutional Court, shall take the office on the day of termination of powers or reaching the age limit for the office of the corresponding judge of the Constitutional Court.”.
Article 50. In Article 142 of the Law:
1) part 3 shall be stated with the following edition:
“3. The Supreme Judicial Council shall nominate a candidate for the Chairperson of the Court of Cassation in a written application addressed to the Chairperson of the National Assembly by a procedure established by the Constitutional Law of the Republic of Armenia "Judicial Code of the Republic of Armenia" within ten days after the office for the Chairperson of the Court of Cassation office is vacant. The application shall be attached with documents certifying the provision of the requirements established by the Constitution and the law. In case of non-compliance with the requirements of the Constitution or the law, the Chairperson of the National Assembly, within two working days shall return the application and the documents attached to it to the Supreme Judicial Council, indicating the reasons. The Supreme Judicial Council is then obliged to nominate a new candidate within five days.”;
2) in part 4 shall be removed the words “, and in case of non-compliance with the requirements of the Constitution or the law, shall return the letter and the documents attached to it to the chairman of the Supreme Judicial Council, indicating the reasons”.
Article 51. In Article 143 of the Law:
1) part 3 shall be stated with the following edition:
“3. The Supreme Judicial Council shall nominate candidates for Judges of the Court of Cassation in a written application addressed to the Chairperson of the National Assembly by a procedure established by the Constitutional Law of the Republic of Armenia "Judicial Code of the Republic of Armenia" within ten days after the office for the Chairperson of the Court of Cassation is vacant. The application shall be attached with documents certifying the provision of the requirements established by the Constitution and the law. In case of non-compliance with the requirements of the Constitution or the law, the Chairperson of the National Assembly, within two working days, shall return the application and the documents attached to it indicating the reasons to the Supreme Judicial Council. The Supreme Judicial Council is then obliged to nominate a new candidate within five days.”;
2) in part 4 shall be removed the words “, and in case of non-compliance with the requirements of the Constitution or the law, shall return the letter and the documents attached to it to the chairman of the Supreme Judicial Council, indicating the reasons”.
Article 52. Article 144 of the Law:
1) part 2 shall be stated with the following edition:
“2. The right to nominate one candidate for an office of a member of the Supreme Judicial Council belongs to factions. The candidate shall be nominated by a resolution of a faction. The first and the last names of the candidate for a member in the Supreme Judicial Council and a representative of the faction entitled to present him/her shall be indicated in the resolution. The resolution shall be attached with documents certifying the provision of the requirements established by the Constitution and the law. In case of non-compliance with the requirements of the Constitution or the law, the Chairperson of the National Assembly, within two working days, shall return the resolution and the attached documents to the faction specifying the reasons.”;
2) in part 5 shall be removed the words “, and in case of non-compliance with the requirements of the Constitution or the law, shall return the letter and the attached documents to the faction specifying the reasons.”.
Article 53. In Article 145 of the Law:
1) the Article shall be supplemented with part 4.1 with the following content:
“4.1. A candidate for the office specified in part 1 of this Article shall be presented to the authorized standing committee of the National Assembly by a resolution of a faction. The first and the last names of the candidate and representative of the faction entitled to present it shall be indicated in the resolution. The resolution shall be attached with documents certifying the provision of the requirements established by the Constitution and the law. In case of non-compliance with the requirements of the Constitution or the law, the chairperson of the authorized standing committee of the National Assembly, within two working days, shall return the resolution and the attached documents to the faction specifying the reasons.”;
2) in part 5 shall be removed the words “, and in case of non-compliance with the requirements of the Constitution or the law, shall return the letter and the attached documents to the faction, indicating the reasons”.
Article 54. Article 151 of the Law shall be supplemented with part 9 with the following content:
“9. An application presented to the Constitutional Court on the issue of dismissal from the office of the President of the Republic may be withdrawn by a resolution of the National Assembly; the right to submit the draft of this resolution shall belong to a faction. The draft shall be submitted to the National Assembly for a debate and shall be put into circulation by the common procedure.”.
Article 55. Part 5 and the first sentence of part 8 of Article 152 of the Law, before the word “convened,” shall be supplemented with the word “immediately.”.
Article 56. Chapter 28 of the Law shall be supplemented with Article 153.1 with the following content:
“Article 153.1. Procedure for Termination of the Powers of Members of Self-government Bodies Appointed by the National Assembly
1. In case there are grounds established by law, the powers of a member of a self-government body, appointed by the National Assembly, may be terminated by a resolution of the National Assembly; the right to submit a draft of which shall belong to a faction. The draft shall be submitted to the National Assembly for a debate and put into circulation in a common procedure.
2. The issue of terminating the powers of a member of a self-government body shall be debated at a sitting of the National Assembly by the procedure established by part 2 of Article 149 of the Rules of Procedure, with the following difference: a member of a self-government body, indicated in a resolution of the National Assembly, may take the floor, answer questions, as well as may take the floor with a completing speech after the main presenter.
3. A resolution of the National Assembly on the termination of the powers of a member of a self-government body shall be adopted by secret ballot, by a majority of votes of the total number of Deputies.”.
Article 57. In Article 156 of the Law:
1) paragraph 1 of part 3 shall be recognized expired;
2) in paragraph 1 of part 7 the words “shall be sent” shall be replaced with the words “shall send.”.
Article 58. In part 2 of Article 162 of the Law, shall be removed the word “separated.”.
Article 59. Article 166 of the Law, after the words “with the exception of,” shall be supplemented with the words “paragraph 4.1 of part 2 of Article 5,”.
Article 60. This Law shall enter into force on the tenth day, following the official promulgation.
President of the Republic of Armenia S. SARGSYAN
27.01.2018
LA-50-Ն