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LAW OF THE REPUBLIC OF ARMENIA

of June 28, 2017 No. ZR-96

About the Commission on the prevention of corruption

(as amended on 03-05-2024)

Accepted by National Assembly of the Republic of Armenia on June 9, 2017

Chapter 1. General provisions

Article 1. Subject of regulation of this Law

1. This Law regulates procedure for forming and activities, guarantee of independence, function and power of the Commission on the prevention of corruption, requirements imposed to her members and also the relations connected with the analysis of declarations and carrying out production according to them.

Article 2. Commission on the prevention of corruption

1. The commission on the prevention of corruption (further - the Commission) is independent state body.

2. The Commission location - the city of Yerevan.

3. The commission within the competences can acquire and perform the property and personal non-property rights on behalf of the Republic of Armenia, perform duties, appear in court as the claimant or the defendant, and also to dispose and use property according to the purposes of the activities and purpose of the fixed property.

Chapter 2. Principles of activities and procedure for forming of the Commission

Article 3. Principles of activities of the Commission

1. The commission acts on the basis of principles of collective leadership, financial independence, public accountability and transparency, cooperation and political neutrality.

Article 4. Collective nature

1. The commission performs the activities, accepts resolutions and the conclusions jointly.

Article 5. Financial independence

1. The commission according to the procedure, established by the Law of the Republic of Armenia "About budget system of the Republic of Armenia", annually in time, established by the resolution of the Prime Minister of the Republic of Armenia on the beginning of budget process the forthcoming year, constitutes and represents in the Government of the Republic of Armenia (further - the Government) the request for budget financing of the Commission for the forthcoming year (the project of expense budget, provided by the government budget through the Commission) for inclusion in the draft of the government budget the forthcoming year.

2. Requests for budget financing of the Commission in case of its acceptance by the Government without changes, and in case of objection - in the changed type, joins in the draft of the government budget. The government submits the request for budget financing of the Commission together with the draft of the government budget to National Assembly.

3. Expenses of the Commission are represented separately in account part of the government budget.

Article 6. Public accountability and transparency

1. The commission within ten days after completion every half-year posts on official the website of the Commission the message on activities during the accounting period.

2. The commission publishes on the official site the resolutions and the conclusions, and also offers provided by it accepted by it and data on consideration of their results.

3. The commission during the first quarter represents every year to National Assembly the message on the activities for previous year.

4. Within two months after the first quarter every year the Commission places the message on condition of system of respectability for previous year on the official site of the Commission.

Article 7. Cooperation

1. The commission when implementing the powers cooperates with state bodies and local government bodies, the international and other organizations, and also with representatives of civil society.

2. State bodies and local government bodies within the competence promote implementation of powers of the Commission.

Article 8. Political neutrality

1. The commission when implementing the powers observes political neutrality.

Article 9. Procedure for forming of the Commission

1. The commission consists of five members - the chairman and four members. Positions of members of the commission are autonomous positions.

2. Members of the commission according to the procedure, established by the Constitutional law of the Republic of Armenia "Regulations of National assembly" are appointed by National assembly for a period of six years, except as specified appointments of members of the first structure of the Commission.

3. The commission of the structure chooses the commission chairman with term of office of the member of the commission.

4. For the choice of the candidate for position of the member of the commission the chairman of National assembly creates competitive council (further - Council).

5. Council consists of the members appointed by the Government, fractions of National assembly or council of National assembly, the Supreme judicial council, the Defender of human rights and Chamber of lawyers (on one on everyone). The nominated person meeting requirements of part 1 of article 10 of this Law can be the member of council. For inclusion in structure of Council the chairman of National assembly in ninety days prior to the expiration of powers of the member of the commission, and also within five days after formation of vacant position of the member of the commission addresses to the Government, the Supreme judicial council, fractions of National assembly, to the Defender of human rights and to Chamber of lawyers for appointment on one member from everyone within ten days from the moment of receipt of the letter of the chairman of National assembly by them. Council is considered created within three days after appointment, statements of staff of Council of all members of its structure by the chairman of National assembly at the scheduled time. If any competent authority (official) did not appoint the member of council within three days from the date of statement of staff of Council by the chairman of National assembly, Council is considered created as a part of the appointed members if according to the procedure, established by this part, at least three members of council are appointed.

6. If the Government, the Supreme judicial council, the Defender of human rights or Chamber of lawyers do not appoint at the scheduled time the member in Council, then the same body (official) can appoint the member within ten days after the expiration specified in part 5 of this Article.

6.1. Fractions of National assembly or council of National assembly the member of council is appointed according to the procedure, established by the Constitutional law "Regulations of National Assembly".

7. Ceased to be valid according to the Law of the Republic of Armenia of 19.04.2020 No. ZR-199

8. Position assignment of the chairman or member of the commission is made after promotion of the candidate according to the procedure, established by part 25 of article 10.2 of this Law to this position in a month. If the decision of National assembly on appointment of the member of the commission is not made, then the chairman of National assembly according to the procedure, established by this Article, within 10 days addresses to competent authorities for the purpose of forming of new competitive council.

9. For the choice in position of each member of the commission new Council is created, except as specified, when competition is organized for the purpose of election of candidates for positions of members of the commission in case of which competition is held by the same Council.

10. The newly elected member of the commission enters vacant position of the member of the commission right after appointment to this post, and in case of appointment during the period preceding the expiration of powers of the member of the commission, the newly elected member of the commission enters the position in day of the termination of powers of the corresponding member of the commission.

Article 10. Requirements imposed to the member of the commission

1. Everyone who is only citizen of the Republic of Armenia can be appointed the member of the commission, has the higher education and knows Armenian who has working life at least five years from which at least three years - on political, autonomous, administrative positions or position of the member of the state body created by the law or on other positions having functions of the organization, management, control, coordinating (irrespective of the work done in the state or private sphere).

2. At least, one of members of the commission shall have the highest legal, at least, one - the higher economic education.

3. The member of the commission cannot be the nominated person which was condemned for crime execution irrespective of whether the criminal record was extinguished or cancelled concerning which criminal prosecution was stopped not on the rehabilitating bases concerning which criminal prosecution which has disease interfering appointment of the judge, provided by the list established by the Government is initiated.

4. The same person cannot be appointed the member of the commission more than two time in a row.

5. The member of the commission stays in position before achievement of 65-year age by him.

Article 10.1. Functions and organization of activities of Council

1. Council:

1) provides the publication of information on conditions and terms of carrying out tender;

2) is established by the list of the documents necessary for participation in tender;

3) is compared by the candidate's compliance to the requirements provided by this Law (evaluation stage of documents);

4) as a result of assessment of documents chooses the candidates who passed interview stage;

Establishes 5) for the purpose of carrying out stage of interview:

and. the questionnaire consisting of the questions constituted for the purpose of check of the professional knowledge of the candidate necessary for position of the member of the commission (further - the Questionnaire);

. the maximum point of assessment of requirements imposed to the alternate member of the Commission;

century distribution of the maximum point according to the separate requirements which are subject to assessment;

the criteria opening contents of the requirements which are subject to assessment;

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