LAW OF THE REPUBLIC OF ARMENIA

of June 28, 2017 No. ZR-97

About system of notification

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

Chapter 1. Basic provisions

Article 1. Subject of regulation of the Law

1. This Law governs the relations connected with notification, procedure for notification, the rights of the informing person, connected with notification of obligation of state bodies and local government bodies, public institutions and organizations, and also organizations of public appointment, and also with protection of the informing person and persons affiliated with it.

Article 2. The basic concepts used in the Law

1. In this Law the following basic concepts are used:

1) notification – the written or oral message the informing person to the competent person provided by this Law or body of data on case of corruption nature or conflict of interest, or about the violation connected with rules of ethics or requirements to incompatibility, either other restrictions, or declaring or about other harm to public concerns or about their threat in state bodies and local government bodies, public institutions and the organizations and also the organization of public appointment;

2) the informing person – physical person or legal entity which in the procedure provided by this Law honesty reports data on case of corruption nature or conflict of interest, or on the violation connected with rules of ethics or requirements to incompatibility, either other restrictions, or declaring or about other harm to public concerns or about their threat which are connected with the official or body with which it was in labor or civil, or administrative legal relations or which it addressed for the purpose of rendering services or which was mistakenly perceived as the informing person. Person is considered mistakenly perceived as the informing person if it without informing, was perceived by the informing person other persons or to which harmful actions were applied;

3) persons affiliated with the informing person, - the spouse (spouse), children, parents the sister and brothers of the informing person;

4) authorized body - state body, local government body, public institution and the organization, the organization of public purpose of the Republic of Armenia which for providing the guarantees established by this Law shall give effect to its message;

5) the organization of public appointment – the organization performing activities in the field of regulation of public services, the number of workers or established posts of which of over fifty;

6) harmful actions – action or failure to act to which to the informing person or persons affiliated with it harm for notification by termination of the employment contract or its transfer into lower position, either reducings its established post, or failure to provide is done to it labor tasks, or its encumbrances by artificial image by orders or tasks, or inappropriate and illegal intervention in its labor activity, or refusal of application of stimulation measures to it, or reducings its salary or bonus payments, either damnifications to its property, or excitement in its relation of disciplinary production, or attraction it to any other measure of responsibility that will worsen its property status or will not meet its expectation concerning development of property or other development after application of other corrective actions connected with notification, directed or on its preserving after notification;

7) cases of corruption nature – the offenses made with use of position;

8) other harm to public concerns – the harm done to public health or the environment, waste of public funds or property, and also other harm which was done to system of public or public administration.

Article 3. Notification purposes

1. The purposes of notification are:

1) identification of cases of corruption nature, the violations connected with conflict of interest, rules of ethics, requirements to incompatibility and other restrictions, declaring, other harm to public concerns;

2) reducing and prevention of corruption;

3) assistance to forming of the public intolerant relation to corruption.

Chapter 2. Types and procedures of notification

Article 4. Notification types

1. Types of notification are:

1) internal notification;

2) external notification.

2. Internal notification submission of the message to the direct head or his higher official or other person exercising control in its relation or the authorized person of the head of competent authority is considered.

3. External notification submission of the message to competent authority is considered.

Article 5. Procedure of notification

1. Internal and external notification is performed according to the procedure, established by Chapters 3 and 4 of this Law.

2. In case of internal and external notification the approximate form of accounting, execution of the messages, and also the procedure of implementation provided to the informing person of measures of protection are established by the Government of the Republic of Armenia.

3. The competent authority in case of internal and external notification independently establishes approximate form of accounting, execution of the messages, and also procedure provided to the informing person of measures of protection, considering as the minimum requirement of the order of the Government of the Republic of Armenia provided by part 2 of this Article.

4. In case of adoption of the act provided by part 3 of this Article, the competent authority shall place it on the Internet page, in the absence of the Internet page – in the place visible to each person performing for it work or using services rendered to them.

5. In case of rejection of the act provided by part 3 of this Article the resolution established by part 2 of this Article is applicable.

Chapter 3. Internal notification and production on internal notification

Article 6. Internal notification and production on internal notification

1. Internal notification begins with representation by the informing person of the message to the direct head or his higher official or other person exercising control in its relation or the authorized person of the head of competent authority.

2. If the message is received by the direct head of the informing person either his higher official or other person exercising control in its relation or person which is not provided by part of 1 this Article, then they shall transfer without delay the message to the head of competent authority or person authorized by it.

3. The head of competent authority or person authorized by it:

Provides 1) immediate, but not later than within one working day, statement of the message on accounting;

2) is provided within the competence by initiation of production in the presence of the bases within three working days from the moment of statement of the message on accounting;

3) is provided by confidentiality of the initiated production;

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