Constitution of the Republic of Armenia

CHAPTER 6, JUDICIAL AUTHORITY

Article 91.

Only the courts execute justice in the Republic of Armenia according to the Constitution and the laws. In cases stipulated by law a trial takes place with the participation of jurors.

Article 92.

Courts of general competence in the Republic of Armenia are: tribunal courts of first instance (arajin atyani dataranner), review courts (veraknnich dataranner) and the Court of Appeals (Vchrabek dataran).

Economic and military as well as other courts provided for by law also operate in the Republic of Armenia. The creation of extraordinary courts is prohibited.

Article 93.

Decisions, verdicts and rulings that have entered into legal force are reexamined in the Court of Appeals on the basis of complaints by the Chief Prosecutor, his deputies or specially-licensed lawyers registered in the Court of Appeals.

Article 94.

The guarantor of the independence of judicial bodies is the President of the Republic. He heads the Justice Council (Ardaradatutian khorhurd). The Justice Minister and the Chief Prosecutor are the vice-presidents of the Council. Also included in the Council are fourteen members appointed for five years by the President of the Republic and of whom two are legal scholars, nine are judges, and three are prosecutors. Three Council members each are appointed from judges of the tribunal courts of first instance, the review courts and the Court of Appeals. General assemblies of the judges each put forward three candidates by secret ballot for each spot. The Chief Prosecutor puts forward the candidacies of the prosecutor members of the Council.

Article 95.

The Justice Council:

1) Formulates at the proposal of the Justice Minister and presents for certification to the President of the Republic annual lists of the fitness for office and official advancement of judges, on the basis of which lists appointments are made.

2) Formulates at the proposal of the Chief Prosecutor and presents for certification to the President of the Republic annual lists of the fitness for office and official advancement of prosecutors, on the basis of which lists appointments are made.

3) Proposes the candidacies for the presidents and judges of the Court of Appeals and its chambers and the presidents of the review, first instance tribunal and other courts and presents its finding concerning the candidacies for other judges presented by the Justice Minister.

4) Presents its finding concerning the candidacies presented by the Chief Prosecutor for the Deputy Chief Prosecutors and prosecutors heading structural subdivisions of the prosecutor's office.

5) Presents proposals to bestow qualification rankings on judges and prosecutors.

6) Presents proposals on giving agreement to the termination of the powers of a judge, the arrest of a judge and his subjection to administrative or criminal liability by court procedure.

7) Subjects a judge to disciplinary liability. The president of the Court of Appeals conducts meetings of the Justice Council when they examine issues connected with the subjecting of a judge to liability. The President of the Republic, the Justice Minister and the Chief Prosecutor do not participate in those meetings.

8) Expresses its opinion about issues of pardon upon inquiry of the President of the Republic. Procedures of the Justice Council are provided for by law.

Article 96.

Judges and members of the Constitutional Court are permanent. A judge holds office until he reaches age 65 and a member of the Constitutional Court until he reaches age 70. Their powers are terminated only in cases and in a manner provided for by the Constitution and by law.

Article 97.

In carrying out justice, judges and members of the Constitutional Court are independent and are subservient only to the law. Guarantees, bases of liability and procedure for the activity of judges and members of the Constitutional Court are provided for by law.

Article 98.

Judges and members of the Constitutional Court cannot occupy other state posts or perform other paid employment, other than scientific, educational and artistic work. Judges and members of the Constitutional Court cannot be members of any political party or engage in political activity.

Article 99.

The Constitutional Court is comprised of nine members, of whom the National Assembly appoints five and the President of the Republic appoints four.

Article 100.

The Constitutional Court by procedures stipulated by law:

1) Decides on the correspondence to the Constitution of resolutions of the National Assembly, decrees and edicts of the President of the Republic, and resolutions of the Government.

2) Decides, prior to the ratification of an international treaty, on the issue of the correspondence of obligations created in it to the Constitution.

3) Resolves disputes relating to referenda and results of elections for the President of the Republic and delegates.

4) Makes a finding that an obstacle facing a candidate for President of the Republic is insuperable or has been eliminated.

5) Provides its finding on the existence of bases to remove the President of the Republic from his office.

6) Provides its finding on measures provided for by points 13 and 14 of Article 55 of the Constitution.

7) Provides its finding on the impossibility of the President's performance of his powers.

8) Provides its finding on terminating the powers of a member of the Constitutional Court, on arresting him, and on subjecting him to administrative or criminal liability through judicial procedure.

9) Decides on the suspension or prohibition of the activity of a political party in cases provided for by law.

Article 101.

The Constitutional Court can be appealed to by:

1) the President of the Republic;

2) at least one third of the delegates;

3) candidates for the President of the Republic and for delegates in disputes related to the results of elections; and

4) the Government in a case provided for by Article 59 of the Constitution. The Constitutional Court examines cases only in the case of a corresponding application.

Article 102.

The Constitutional Court makes its rulings and findings no later than thirty days following receipt of an application. Decisions of the Constitutional Court are final, not subject to review and enter into force from the moment of publication.

The Constitutional Court resolves the issues provided for in points 1 - 4 of Article 100 of the Constitution by a majority of the votes of the overall number of its members and issues provided for in points 5 - 9 by at least two-thirds.

Article 103.

The prosecutor's office of the Republic of Armenia is a single centralized system headed by the Chief Prosecutor. The prosecutor's office:

1) Brings criminal prosecution in cases and by a procedure stipulated by law.

2) Oversees the legality of preliminary investigations and investigations.

3) Defends the accusation in court.

4) Brings actions in court to defend state interests.

5) Appeals the judgments, verdicts and rulings of the courts.

6) Oversees the application of punishments and other means of constraint. The prosecutor's office operates within the realm of powers reserved to it by the Constitution on the basis of a law on the prosecutor's office.

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