Article 49.
The President of the Republic of
Armenia pursues the upholding of the Constitution and the ensuring of the
normal activity of the legislative, executive and judicial authorities.
The President of the Republic is the guarantor of the independence, territorial
integrity and security of the Republic.
Article 50.
The President of the Republic is
elected by the citizens of the Republic of Armenia for a term of five years.
Every person who has reached 35 years of age, has been a citizen of the
Republic of Armenia for the preceding ten years, has permanently resided
in the Republic for the preceding ten years and has the right to vote can
be elected President of the Republic. The same person cannot be elected
continuously more than two times to the office of President of the Republic.
Article 51.
Elections for the President of the
Republic occur fifty days prior to the expiration of the powers of the
President of the Republic as provided by the Constitution and by law. The
candidate who received more than half of the votes cast for candidates
is considered elected President of the Republic. If more than two candidates
were voted for and none of them received the required votes, then on the
fourteenth day following the voting there is a second stage of voting in
which the two candidates who received the most votes can participate. The
candidate who receives the most votes in the second stage is considered
elected. In the case where one candidate is voted on, he is considered
elected if he received over half of the votes of the participants in the
voting.
In the event the President of the
Republic is not elected, on the fortieth day after the voting new elections
take place. The President of the Republic undertakes his position on the
day of expiration of the powers of the previous President. A President
of the Republic elected in new or special elections undertakes his position
within a ten-day period after the elections.
Article 52.
Should insuperable obstacles arise
for one of the candidates for the President of the Republic, the elections
for the President of the Republic are postponed for a period of two weeks.
Should during that period the obstacles found insuperable not be eliminated
or should one of the candidates die before the day of the vote, then new
elections are held in which other candidates can participate as well. The
new elections are held on the fortieth day after the obstacles are found
insuperable.
Article 53.
In cases of the resignation, death,
or incapacity to perform powers of the President of the Republic or his
removal from office as provided in Article 57 of the Constitution, special
elections for the President of the Republic take place on the fortieth
day after the President's office becomes vacant.
Article 54.
The President of the Republic assumes
office by an oath given the people in a special session of the National
Assembly.
Article 55.
The President of the Republic:
l) Addresses the people and the
National Assembly.
2) Within a 21-day period after
receipt of a law passed by the National Assembly signs and publishes it.
During that period, demanding a new discussion of the law, he can return
it to the National Assembly with objections or suggestions. Within a five-day
period he signs and publishes a law repassed by the National Assembly.
3) Can disperse, after consulting
with the president of the National Assembly and the Prime Minister, the
National Assembly and designate special elections. Special elections take
place no earlier than thirty and no later than forty days after dispersal
of the National Assembly. He cannot disperse the National Assembly during
the last six months of his term.
4) Appoints and dismisses the Prime
Minister. He appoints and dismisses members of the Government at the proposal
of the Prime Minister. In the event the National Assembly expresses no
confidence in the Government, within a twenty-day period he accepts the
resignation of the Government, appoints a Prime Minister, and organizes
a government.
5) Makes appointments to civilian
positions in cases provided for by law.
6) Can form consultative bodies.
7) Represents the Republic of Armenia
in international relations, exercises general management of foreign policy,
makes international agreements, signs international agreements ratified
by the National Assembly and ratifies intergovernmental agreements.
8) Appoints and recalls diplomatic
representatives of the Republic of Armenia to foreign countries and international
organizations, accepts the credentials and recall notices of diplomatic
representatives of foreign states.
9) Appoints and dismisses the Chief
Prosecutor at the proposal of the Prime Minister.
10) Appoints members and the president
of the Constitutional Court. On the basis of the finding of the Constitutional
Court, he can terminate the powers of a member of the Constitutional Court
appointed by him or approve his arrest and his being subject to administrative
or criminal liability by judicial procedure.
11) In the manner provided for in
Article 95 of the Constitution appoints the presidents and judges of the
Court of Appeals (Vchrabek dataran) and its chambers, and of the review,
first-instance tribunal and other courts, the Deputy Chief Prosecutors
and prosecutors heading structural subdivisions of the prosecutor's office;
can terminate the powers of a judge, approve the arrest and subjecting
of a judge to administrative or criminal liability by judicial procedure;
and dismisses prosecutors appointed by him.
12) Is the chief commander of the
armed forces and appoints the highest command staff of the armed forces.
13) Adopts decisions on the use
of the armed forces; in cases of an armed attack on the Republic or the
existence of an immediate danger of such an attack or a declaration of
war by the National Assembly, declares a military situation and can proclaim
a general or partial draft. Should a military situation be declared, the
National Assembly holds a special session.
14) In the event of an immediate
danger threatening constitutional order and upon consultation with the
president of the National Assembly and the Prime Minister, undertakes measures
warranted by the situation and makes an address to the people about them.
15) Bestows citizenship of the Republic
of Armenia and resolves the question of giving political asylum.
16) Bestows pardons on convicts.
17) Awards decorations and medals
of the Republic of Armenia, bestows high military and honorific titles
and high diplomatic and other class ranks.
Article 56.
The President of the Republic publishes
decrees and orders which are subject to implementation throughout the Republic.
Decrees and orders of the President cannot contradict the Constitution
and the laws.
Article 57.
The President of the Republic can
be removed from office for state treason or other serious crimes. In order
to obtain a finding on the question of removing the President of the Republic
from office, the National Assembly by a resolution adopted by the majority
of votes of the overall number of delegates applies to the Constitutional
Court. Based on the finding of the Constitutional Court, the National Assembly
makes the decision to remove the President of the Republic from office
by at least two-thirds of the votes of the overall number of delegates.
Article 58.
The resignation of the President
of the Republic is accepted by the National Assembly by a majority of the
votes of the overall number of delegates.
Article 59.
In cases of a serious illness of
the President of the Republic or the presence of insuperable obstacles
to the performance of his powers, the National Assembly at the proposal
of the government and based on the finding of the Constitutional Court
adopts by at least two-thirds of the votes of the overall number of delegates
a decision on the impossibility of performance of his powers by the President
of the Republic.
Article 60.
In the event that the position of
President of the Republic remains vacant, until the newly-elected President
assumes office, the president of the National Assembly, and if not possible,
the Prime Minister, performs the duties of the President of the Republic.
During that period it is prohibited to disperse the National Assembly,
designate a referendum, or appoint or dismiss the Prime Minister or the
Chief Prosecutor.
Article 61.
Provision for the compensation of,
services to and security of the President of the Republic are stipulated
by law.
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