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CONSTITUTIONAL LAW OF THE REPUBLIC OF ARMENIA

of January 14, 2017 No. ZR-9

About Regulations of National Assembly

(as amended on 08-10-2019)

Accepted by National Assembly of the Republic of Armenia on December 16, 2016

Section 1 General provisions

Chapter 1 National assembly

Article 1. Constitutional status and functions of National Assembly

1. National assembly - representative body of the people.

2. The national assembly performs legislature of the Republic of Armenia.

3. The national assembly exercises control concerning the executive authority, accepts the government budget and performs other functions established by the Constitution.

4. Powers of National Assembly are established by the Constitution.

Article 2. Activities and bodies of National Assembly

1. When implementing the powers and functions the National Assembly is effective according to this Law (further - Regulations) - by means of holding sessions, meetings, and also work of the bodies.

2. Bodies of National Assembly are deputies, the Chairman of National Assembly, his deputies, fractions, the commissions and Council of National Assembly (further – Council).

Chapter 2 Deputy

Article 3. Rights of the deputy

1. The deputy has the right:

1) to take the legislative initiative;

2) to submit the draft of the resolution, applications, messages of National Assembly;

3) to act, ask questions and to make offers at meetings of National Assembly, its commissions, working groups, and also in parliamentary hearings;

4) to send written questions to the Government;

5) to ask oral questions members of the government;

6) to hold the positions caused by its status;

7) to be included in structure of the working group of the permanent or temporary commission;

8) to be included in structure of the subcommittee created by its commission;

9) to leave structure of fraction;

10) to study any document addressed to National Assembly, its fraction or the commission, except for personalized or personal materials, and also information containing the state or official secret, acquaintance with which is out of its cognizance;

11) to make inquiries and offers in state bodies and local government bodies and to officials;

12) to have two assistants: one on paid, and another on public basis.

2. The procedure for realization of the rights of the deputy is established by the Regulations, the Law of the Republic of Armenia "About guarantees of activities of the deputy of National Assembly of the Republic of Armenia" and Working regulations of National Assembly (further – Working regulations).

3. Guarantees of activities of the deputy are established by the Law of the Republic of Armenia "About guarantees of activities of the deputy of the Republic of Armenia" and other laws.

Article 4. Obligations of the deputy

1. The deputy shall:

1) to be included in structure of one permanent commission, except as specified, provided by part 7 of Article 11 of Regulations;

2) to participate in meetings of National Assembly, and also commission and working group which member he is;

3) to participate in the parliamentary hearings called by the commission which member he is;

4) to follow rules of deputy ethics;

5) to provide execution of requirements concerning incompatibility of the deputy mandate;

6) to organize reception of citizens, and also within the powers to respond to written proposals of citizens according to the procedure, established by the law;

7) to follow the safety rules existing in the territory and in the building of the residence of National Assembly.

Chapter 3 Chairman of National assembly and its deputies

Article 5. Chairman of National Assembly

1. The chairman of National Assembly represents National Assembly and provides its normal activities.

2. Chairman of National Assembly:

1) presides over meetings of National Assembly;

2) convenes emergency meetings and the sessions of National Assembly;

3) introduces the questions submitted for consideration of National Assembly into circulation and appoints the head commission;

4) directs to the President of the Republic the changes accepted by National Assembly to the Constitution, the laws, and also resolutions of National Assembly on removal at referendum of the project of changes in the Constitution;

4. Signs 1) and publishes the law adopted by National Assembly in the case established by part 3 of article 129 of the Constitution;

Signs 5) and publishes resolutions, applications and messages of National Assembly;

6) convenes meetings of Council and presides over them;

7) submits drafts of agendas of regular session and meetings for approval of National Assembly and Council;

8) signs and publishes decisions of Council;

9) approves structures of the commissions of National Assembly and change in them;

10) can give the instructions to the vice-chairman of National Assembly aimed at providing normal activities of National Assembly;

11) as necessary convenes political meetings;

12) disposes of appliances of National Assembly;

13) is made by appointment of the chief of staff of National Assembly (further – the Device), and also to the highest positions of public service in the Device, exempts them from these positions;

14) the staff list and rates of official pay rates of workers of the Device approves the nomenclature, passports of positions of public service in the Device, and also;

15) approves on representation of the chairman of the competent permanent commission requirements imposed on experts of the Budget bureau of National Assembly (further – the Budget bureau), and also the description of their positions;

16) approves the procedures provided by the Law of the Republic of Armenia "About public service in the Office of National Assembly of the Republic of Armenia";

17) can convoke parliamentary hearings, establishing procedure for their carrying out;

18) can create the consultative bodies operating on a voluntary basis;

19) appoints the representative of National Assembly in the Constitutional Court;

20) can send invitations to implementation of nablyudatelsky mission to the international organizations and foreign public organizations having the right to implementation of nablyudatelsky mission to time of elections;

21) approves the safety rules existing in the territory and in the building of the residence of National Assembly;

Awards 22) with medal of Honour of National Assembly of the Republic of Armenia, the Certificate of honor of National Assembly of the Republic of Armenia, the Thanksgiving letter of the Chairman of National Assembly of the Republic of Armenia, the Commemorative medal of the Chairman of National Assembly of the Republic of Armenia, the Memento of the Chairman of National Assembly of the Republic of Armenia, and also encourages with cash bonus.

3. The chairman of National Assembly when implementing the powers makes decisions and orders which within two working days are posted on the official website of National Assembly (www.parliament.am), other secret except for containing state or protected by the law.

Article 6. Vice-chairmen of National Assembly

1. The chairman of National Assembly has three deputies.

2. The vice-chairman of National Assembly at the request of the Chairman of National Assembly:

1) presides over meetings of National Assembly;

2) presides over meetings of Council;

3) replaces the Chairman of National Assembly or performs other orders aimed at providing normal activities of National Assembly.

3. Vice-chairmen of National Assembly participate in meetings of Council.

4. In case of vacancy of position of the Chairman of National Assembly, and also in case of execution by the Chairman of National Assembly of obligations of the President of the Republic, power of the Chairman of National Assembly performs received the greatest poll when electing to position, and in case of equality of votes – the senior on age the vice-chairman of National Assembly.

Chapter 4 of Fraction

Article 7. Creation of fractions

1. Fractions are created in the opening day of the first session of newly elected National Assembly according to number and the name of batches (party blocks) participating in distribution of mandates of National Assembly.

2. The fraction joins the deputies who received the mandate according to the electoral list of the same batch or the same party block.

3 The fractions created by batch (the party block) or batches (party blocks) – the members of the political coalition who received on election results in National Assembly at least 54 percent from total number of mandates are considered ruling, and other fractions are considered as oppositional.

4. The fractions created by the batches (the party block) which signed (signed) the memorandum of forming of the Government are considered ruling, and other fractions are considered as oppositional.

5. The statement for signing of the memorandum at the forthcoming meeting of National Assembly is made by the head or the secretary of ruling fraction.

6. If the head of ruling fraction makes at meeting of National Assembly the statement for exit from the memorandum of forming of the Government, then from this point the fraction is considered oppositional.

Article 8. Powers of fraction

1. The fraction has the right in the procedure established by Regulations:

1) to take the legislative initiative;

To submit 2) for consideration of National Assembly the draft of the resolution, the statement or the message of National Assembly;

3) to consider the draft of the law provided by it first-priority;

4) to create the political coalition with other fractions, and also to leave the coalition;

5) to propose the candidate for the positions of the chairman of the permanent commission or his deputy allocated for her;

6) to appoint the member of fraction to the place taken to it to the commissions of National Assembly and also to replace it;

7) to propose the candidate for Prime Ministers;

8) to offer the competent permanent commission of candidates for the positions chosen or appointed by National Assembly;

9) to propose the alternate member of the Supreme judicial council;

9. 1) in the cases provided by the law to propose the candidate for vacant position of autonomous body;

10) to handle written interpellations to members of the government;

11) to represent project proposals of introduction of amendments to the Constitution, the law, the resolution, the statement or the message of National Assembly;

12) to appoint and replace the representative in Council;

13) to push the member in structure of delegation of National Assembly or other official delegation in the international parliamentary organization, and also the inter-parliamentary commissions;

14) to push the member in structure of group of friendship of National Assembly;

15) to convoke parliamentary hearings;

16) to expel the member from fraction.

2. When implementing the powers the fraction makes decisions.

3. Decisions of fraction are made by a majority vote the members of fraction participating in vote if more than a half from total number of members of fraction participated in vote.

4. The oppositional fraction has the activities warranties established by Regulations.

Article 9. Activities of fraction

1. The fraction is effective according to the Regulations and the charter approved by its decision.

2. Are established by the charter of fraction:

1) name of fraction;

2) rights and obligations of members of fraction;

3) procedure for election of the head and secretary of fraction, and also their power;

4) procedure for convocation and holding meetings of fraction;

5) procedure for decision making of fraction;

6) the procedure of performance of fraction with the legislative initiative;

7) procedure of representation by fraction of the draft of the resolution, statement or message of National Assembly;

8) procedure of promotion by fraction of the candidate for Prime Ministers;

9) the procedure of promotion by fraction of candidates for the positions of the competent permanent commission chosen or appointed by National Assembly;

9. 1) procedure of promotion of the candidate for vacant position of the member of autonomous body;

10) the procedure of the appeal of fraction to members of the government with written interpellations;

11) procedure of the appeal of fraction to the Constitutional Court for the disputes connected with the decisions made by results of referendum and election of the president of the Republic;

12) procedure of submission of offers of fraction for projects of introduction of amendments to the Constitution, laws and resolutions of National Assembly;

13) procedure for exception of the member of fraction;

14) procedure of decision making of fraction;

15) other provisions connected with procedure for activities of fraction.

3. Meetings of fraction are, as a rule, convened within a week, following after the regular meeting of National Assembly.

4. The deputy can leave fraction by means of the written application to the head of fraction or performance at meeting of National Assembly with the statement for it.

5. Activities of fraction stop if all her members leave fraction, and are recovered if at least one deputy having such competence is its part.

Chapter 5 Permanent commissions

Article 10. Creation of the permanent commissions

1. The permanent commissions are created for preliminary consideration of drafts of the laws entering competence of National Assembly of other questions and submission of the conclusions on them in National Assembly and also for implementation of parliamentary control.

2. The permanent commissions are created by the resolution of National Assembly at the first session of National Assembly. The draft of the resolution is submitted and is considered according to the procedure, stipulated in Clause 112 Regulations.

3. The number of the permanent commissions after their creation cannot change.

Article 11. Forming of the permanent commissions

1. The structure of the permanent commission and change in it is approved by the Chairman of National Assembly if the principles established by this Article are observed.

2. Places in the permanent commission are distributed in proportion to number of the deputies included in fractions.

3. The member of fraction is appointed to the place of the member of the commission allocated to fraction and also leaves structure of the commission on the decision of fraction.

4. If the proportion established by part 2 of this Article is not broken, then the deputy who left or expelled from fraction can:

1) to remain in the same commission if this fraction does not appoint the member of fraction to its place or in the commission there is other vacant position, or

2) to join in other commission for the available vacant post according to the written application directed to the Chairman of National Assembly.

5. The fraction has the right to leave vacant the place taken to it to the commissions, and also to replace the member included in structure of the commission.

6. Powers of the member of the commission stop if:

1) its deputy powers are stopped or interrupted;

2) it leaves the commission;

3) it leaves or is expelled from fraction if this fraction appoints the member of fraction to its place.

7. The chairman of National Assembly and its deputies, and also heads of fractions can not be part of the commission.

Article 12. Powers of the permanent commission

1. The permanent commission within the competence:

1) performs powers of the head commission;

2) exercises parliamentary control;

Offers 3) to National Assembly of candidates for election or appointment to positions;

4) can make inquiries in state bodies and local government bodies and to officials;

5) can convoke parliamentary hearings;

6) can create subcommittees and working groups;

7) considers the petitions sent by the Chairman of National Assembly to the commission and responds to them.

2. State bodies, local government bodies and officials shall review the written request of the commission in three-week time and answer it in writing.

3. The permanent commission in the procedure established by Working regulations can create the decision subcommittees or working groups for the purpose of preliminary consideration of the questions carried to its competence and representation of its results in the commission. Subcommittees or working groups can be abolished by the decision of the commission.

4. The permanent commission has the operating procedure which according to the approximate operating procedure established by Council affirms the decision of the commission.

5. Powers of the permanent commission stop in case of the expiration of powers of National Assembly.

Article 13. Chairman of the permanent commission and his deputy

1. Chairman of the permanent commission:

1) prepares commission sessions and presides over them;

2) is convoked by emergency meeting of the commission;

3) participates in meetings of Council;

4) directs the secretariat of the commission;

5) coordinates work of subcommittees and working groups;

6) is coordinated by activities of the commission, and also secretariat of the commission with bodies and the Office of National Assembly;

7) is submitted by the draft of the agenda of commission session for approval of the commission;

8) gives effect to correspondence which arrived in the commission and answers it;

9) for the purpose of receipt of opinions on the project carried to competence of the commission can send it to scientific, educational institutions, and also invite specialists to commission sessions;

10) informs the commission on course of execution of its decisions;

Records 11) in the procedure established by Working regulations absence of members of the commission on commission sessions and in the called parliamentary hearings.

2. In case of absence or vacancy of position of the chairman of the permanent commission it is replaced by the deputy, and in case of impossibility of it is her member determined by the commission.

Article 14. Meetings of the permanent commission

1. The regular meetings of the permanent commission are convened, as a rule, within a week, preceding the regular meetings of National Council, - in the days provided by the schedule established by the decision of Council.

2. Emergency meetings of the permanent commission are convened by the commission chairman - on the initiative or at the initiative of at least than one quarter of members of the commission. The emergency meeting is held according to the agenda and in time, established by the initiator.

3. Meetings of the permanent commission take place in the residence of National Assembly. Commission session in case of need can be held by the decision of the commission in other place what the commission chairman notifies the Chairman of National Assembly in advance on.

4. Meetings of the permanent commission are open. Closed meeting of the permanent commission is held in the cases established by part 6 of Article 88, part 2 of Article 93 and part 6 of Article 117 of Regulations and also can be held by the decision of the commission for the purpose of observance of the state, office, commercial or protected by the law other secret. Vote at closed meeting is forbidden.

5. Except members of the commission, the deputies and other persons having the right to participate in consideration of question can be also present at open session of the permanent commission:

1) President of the Republic or his representative;

2) Prime Minister or representative of the Government;

3) chief of staff and his deputies;

4) one adviser to the Chairman of National Assembly;

5) specialists of the secretariat of the commission;

6) one expert of the Budget bureau;

7) the heads of structural divisions of the Device who performed specialized examination on case in point;

8) on one assistant to members of the commission;

9) the employees of the Device performing covering of meeting;

10) persons invited by the decision of the commission and also the commission chairman.

6. At closed meeting of the permanent commission, except members of the commission and the speaker on question, there can be persons specified in Items 1-3 and 10 of part 5 of this Article.

7. The journalists having accreditation under National Assembly can be present at commission session with the permission of the commission chairman, and during the meeting perform the professional activity in the place allocated for them.

8. During the meeting of National Meeting the meeting of the permanent commission can be held only for the purpose of ensuring the terms established by the Constitution or the Regulations.

Article 15. Procedure for holding meetings of the permanent commission

1. The meeting of the permanent commission is competent if is present at meeting at least than one quarter of total number of members of the commission (is registered) and the commission chairman, and in case of its lack or vacancy of this position – his deputy or the member determined by the commission presides over meeting.

2. The regular meeting of the permanent commission begins with approval of the agenda. Before approval of the agenda other questions are not considered.

3. Questions at meeting of the permanent commission are considered according to general procedure for consideration of questions at the meeting of National Assembly, according to the procedure, established by the Regulations and operating procedure of the commission.

4. Only members of the commission, except as specified, provided by Items 2 and 4 of part 2 of Article 78 of Regulations have the right to approve the agenda of the commission or to represent offers on adoption of other decision carried to its competence.

5. At meeting of the permanent commission only deputies, except as specified, provided by Items 3 and 6 of part 2 of Article 78 of Regulations have the right to ask questions to speakers, and also to act in the order of conducting meeting. Other persons having the right to be present at commission session can act with the permission of the chairman or according to the decision of the commission.

6. Vote on each question is taken directly after the end of consideration of question. On the question which is brought up for vote the member of the commission personally votes pro, contra or "refrained", and on the candidate for position - pro or contra. The member of the commission who is absent on commission session can vote according to the procedure, established by part 6.1 of this Article.

6.1. The member of the commission leaving for business trip from National Assembly can inform on the decision connected with vote on question in writing the commission chairman, and in the case established by part 2 of Article 13 of Regulations - replacement his face. The official letter signed by the member of the commission shall be transferred to the commission chairman or replacement his face in the closed envelope, in advance, before departure in business trip. On envelope and in the official letter are specified the name of question, and in the letter - the decision of the member of the commission to vote on the question pro, contra or "refrained", either pro or contra the candidate for position. The chairman on commission session opens envelope and announces the official letter before vote on question. After vote the letter is attached to the minutes.

7. Decisions of the commission are made by a majority vote the members of the commission participating in vote if at least than one quarter of total number of members of the commission voted for the decision.

Chapter 6 Temporary commissions

Article 16. Creation of the temporary commission

1. The temporary commission can be created for consideration of drafts of the separate laws, resolutions, statements and messages of National Assembly, and also the questions concerning deputy ethics, and submission to National Assembly of the conclusions on them.

2. The temporary commission is created by the resolution of National Assembly, the fraction has the right to which submission of project.

3. The number of members of the temporary commission is determined by the resolution of National Assembly, and the structure of the commission and change in it affirm the Chairman of National Assembly according to the principles established by parts 2-6 of Article 11 of Regulations.

4. The resolution of National Assembly on creation of the temporary commission establishes the name, term of activities of the commission, and also terms of submission of the conclusions carried to its competence concerning the project, or on the question connected with deputy ethics.

5. After creation of the temporary commission on question of the separate project pass to it powers and functions of the head commission.

6. The term of activities of the temporary commission on question of the separate project constitutes no more than six months; according to the offer of the commission it can be extended by the resolution of National Assembly for the period necessary for consideration of the project carried to competence of the commission.

7. The term of activities of the temporary commission on question of deputy ethics constitutes two months; for the purpose of completion of consideration of question according to the offer of the commission it can be extended by the resolution of National Assembly for a period of up to one month.

Article 17. Activities of the temporary commission

1. Concerning the separate project the temporary commission within the competence performs powers of the head commission, and also other powers allocated for the permanent commission.

2. The temporary commission on question of deputy ethics within the competence:

Considers 1) and represents to National Assembly the conclusion on the question carried to its competence;

2) can make inquiry in state bodies, local government bodies and to officials;

Can request from 3) by means of request and in the procedure established by the law to receive the required materials and documents connected with the question considered in the commission;

4) can order examinations for studying of the actual circumstances of the question considered in the commission and receive the decisions constituted by their results.

3. The data and the conclusions requested by the temporary commission on questions of deputy ethics shall go it to two weeks after receipt of request if in request longer term is not specified or the addressee of request does not offer reasonable time for accomplishment of the requirement of the commission. With the materials and documents relating to the data requested by request, members of the commission can examine also in the place of their stay.

4. The data containing the state, office, commercial or protected by the law other secret are provided at the request of the temporary commission on questions of deputy ethics, and members of the commission can study these data in the procedure established by the law.

5. The conclusion of the temporary commission on the question connected with deputy ethics at meeting of National Council is not considered and posted on the official website of National Assembly.

6. Meetings of the temporary commission are held according to procedure, stipulated in Clause 15 Regulations for the permanent commissions.

7. Meetings of the temporary commission on questions of deputy ethics are closed, and the regular meetings are convened in the days established by the commission or its chairman. Only the members of the commission, persons invited according to the decision of the commission chairman or the commission and also the deputy whose question is considered by the commission have the right to be present at commission session. Commission session is competent if is present at meeting more than a half from total number of members of the commission (is registered), and the commission chairman, and in case of its lack or vacancy of position – his deputy or person determined by the commission presides over meeting. Decisions of the commission are made by a majority vote from total number of members of the commission.

8. The temporary commission has the procedure for works which affirms the decision of the commission according to the approximate procedure for works established by Council.

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