CONSTITUTION OF THE REPUBLIC OF ARMENIA

Article Index

 

CHAPTER 3

The President of the Republic

Article 49. The President of the Republic of Armenia shall uphold the Constitution, and ensure the normal functioning of the legislative, executive and judicial authorities. The President of the Republic shall be the guarantor of the independence, territorial integrity and security of' the Republic.

Article 50. The President of the Republic shall be elected by the citizens of the Republic of Armenia for a five year term of office.

Every person having attained the age of thirty five, having been a citizen of the Republic of Armenia for the preceding ten years, having permanently resided in the Republic for the preceding ten years, and having the right to vote is eligible for the Presidency.

The same person may not be elected for the post of the President of the Republic for more than two consecutive terms.

Article 5l. Elections for the post of President of the Republic shall be held fifty days prior to the expiration of the term of office of the President in office and in accordance with procedures set by the Constitution and the laws.

The candidate who received more than half of the votes cast for the presidential candidates shall be considered as having been elected President of the Republic.

If the election involved more than two candidates and none received the necessary votes, a second round of elections shall be held on the fourteenth day following the first round of the election, at which time the two candidates having received the highest number of votes in the first round shall participate. The candidate who receives the highest number of votes during this second round shall be considered to have been elected.

In the event only one candidate is presented, the candidate shall be considered as having been elected if he or she has received more than half of the votes cast.

If a President is not elected, there shall be new elections on the fortieth day after the first round of elections.

The President elect of the Republic shall assume office on the day when the term of the previous President expires.

A President who shall be elected by new or extraordinary elections shall assume office within ten days of such elections.

Article 52. In the event that one of the presidential candidates faces insurmountable obstacles, the presidential elections shall be postponed by two weeks. If during this period obstacles recognized as insurmountable are not removed, or in the event of the passing of one of the candidates prior to election day, new elections shall be held.

These new elections shall be held on the fortieth day following the determination of these obstacles to be insurmountable.

Article 53. In the event of the resignation of the President of the Republic, his or her passing, incapacity to perform his or her functions, or removal from office in accordance to Article 57 of the Constitution, special presidential elections shall be held on the fortieth day following the vacancy of the office.

Article 54. The President of the Republic shall assume office by pledging an oath to the people during a special sitting of the National Assembly.

Article 55. The President of the Republic:

1) shall address the people and the National Assembly;

2) shall sign and promulgate within twenty one days of receipt, laws passed by the National Assembly;

During this period, the President may remand a law to the National Assembly with objections and recommendations requesting new deliberations.

The President shall sign and publish the law within five days of the second passing of such law by the National Assembly;

3) may dissolve the National Assembly and designate special elections after consultations with the President of the National Assembly and the Prime Minister. Special elections shall be held no sooner than thirty and no later than forty days after the dissolution of the National Assembly.

The President may not dissolve the National Assembly during the last six months of his or her term of office;

4) shall appoint and remove the Prime Minister. The President shall appoint and remove the members of the Government upon the recommendation of the Prime Minister.

In the event that the National Assembly adopts a vote of no confidence against the Government, the President shall, within twenty one days accept the resignation of the Government, appoint a Prime Minister and form a Government;

5) shall make appointments to civilian positions in cases prescribed by law;

6) may establish advisory bodies.

7) shall represent the Republic of Armenia in international relations, conduct and oversee foreign policy, make international treaties, sign international treaties that are ratified by the National Assembly, ratify intergovernmental agreements;

8) shall appoint and recall the diplomatic representatives of the Republic of Armenia to foreign countries and international organizations, and receive the credentials and letters of recall of diplomatic representatives of foreign countries;

9) shall appoint and remove the Prosecutor General upon the recommendation of the Prime Minister.

I0) shall appoint members and the President of the Constitutional Court.

He may, on the basis of a determination by the Constitutional Court, remove from office any of his or her appointees to the Court or sanction the arrest of such a member of the Court, and through the judicial process authorize the initiation of administrative or criminal proceedings against that member;

11) shall appoint, in accordance with the procedure provided in Article 95 of the Constitution, the president and judges. of the Court of Appeals and its chambers, the courts of review, the courts of first instance and other courts, the deputy prosecutors general and prosecutors heading the organizational subdivisions of the office of the Prosecutor General; may remove from office any judge, sanction the arrest of a judge and through the judicial process, authorize the initiation of administrative or criminal proceedings against a judge and remove the prosecutors that he or she has appointed.

12) is the Commander in Chief of the armed forces and shall appoint the staff of the highest command of the armed forces;

l3) shall decide on the use of the armed forces. In the vent of an armed attack against or of an immediate anger to the Republic, or a declaration of war by the National Assembly, the President shall declare a state of martial law and may call for a general or partial mobilization.

Upon the declaration of martial law, a special sitting of the National Assembly shall be held;

14) in the event of an imminent danger to the constitutional order, and upon consultations with the President of the National Assembly and the Prime Minister, shall take measures appropriate to the situation and address the people on the subject;

15) shall grant citizenship of the Republic of Armenia and decide on the granting of political asylum;

16) shall award the orders and medals of the Republic of Armenia and grant the highest military and honorary titles and diplomatic and other titles;

17) may grant pardons to convicted individuals.

Article 56. The President of the Republic may issue orders and decrees which shall be executed throughout the Republic.

The orders and decrees of the President of the Republic shall not contravene the Constitution and the laws.

Article 57. The President may be removed from office for state treason or other high crimes.

In order to request a determination on questions pertaining to the removal of the President of the Republic from office, the National Assembly must appeal to the Constitutional Court by a resolution adopted by the majority of the deputies.

A decision to remove the President of the Republic from office must be reached by the National Assembly by a minimum two thirds majority vote of the total number of deputies, based on the determination of the Constitutional Court.

Article 58. The acceptance of the resignation of the President of the Republic shall be determined by the National Assembly by a majority vote of the total number of deputies.

Article 59. In the event of the serious illness of the President of the Republic or of insurmountable obstacles affecting the performance of his or her duties, upon the recommendation of the Government and a determination by the Constitutional Court, the National Assembly shall adopt a resolution on the incapacity of the President of the Republic to exercise his or her duties with a minimum two thirds majority vote of the total number of deputies.

Article 60. In the event that the office of the President of the Republic remains vacant and until a newly elected President assumes office the presidential duties shall devolve onto the President of the National Assembly, and if that is not possible, onto the Prime Minister. During this period it is prohibited to dissolve the National Assembly, call a referendum, and appoint or remove the Prime Minister and the Prosecutor General.

Article 61. The compensation, servicing and security of the President of the Republic shall be prescribed by law.

 

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