CONSTITUTIONAL LAW OF THE REPUBLIC OF ARMENIA

of March 28, 2018 No. ZR-155

About referendum

Accepted by National Assembly of the Republic of Armenia on March 23, 2018

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law establishes the principles of holding referendum, governs the relations connected with the participation right in referendum, the questions submitted for referendum, procedure for pronouncement of the project at referendum, publication of the project submitted for referendum, appointment, the organization, summing up referendum, entry into force of the acts submitted for referendum and delivery of documents of referendum for storage.

Article 2. Referendum and principle of its carrying out

1. The referendum is one of forms of direct realization by the people of the power.

2. According to article 7 of the Constitution, the referendum is held by secret vote on the basis of general, equal, free and direct suffrage.

3. Each citizen has the right to one voice.

4. The referendum is held in all territory of the Republic of Armenia.

Article 3. The participation right in referendum

1. According to part 1 of article 48 of the Constitution, the citizens of the Republic of Armenia who reached on the date of holding referendum of 18 years have the participation right in referendum.

2. The persons recognized incapacitated by the court verdict which took legal effect, and also condemned by the sentence which took legal effect, for heavy and especially serious deliberate crimes and serving sentence have no the participation right in referendum.

Article 4. The questions submitted for referendum

1. Are submitted for referendum:

1) draft constitution;

2) projects of modification in Chapter 1-3, 7, 10, 15 Constitutions, and also in Article 88, the first offer of part 3 Articles 89, part of 1 Article 90, part 2 Articles 103, Articles 108, 115, 119, 120, 123-125, 146, 149 and 155, part 4 of article 200 of the Constitution;

3) questions of membership of the Republic of Armenia in the supranational international organizations, and also changes of the territory of the Republic of Armenia;

4) the bill on introduction of amendments to the law approved on referendum.

2. Can be submitted for referendum:

1) the project of introduction of amendments to articles of the Constitution, not stipulated in Item 2 parts of 1 this Article if the National assembly rejected it;

2) the bill provided according to the procedure of citizens' initiative if the National assembly rejected it.

3. The question which is brought up for vote is formulated so that it was possible to answer it unambiguously.

Article 5. Questions which cannot be submitted for referendum

1. Cannot be submitted for referendum:

1) the projects of change of the Constitution providing change in articles 1-3 and 203 of the Constitution;

2) drafts of the laws concerning subject of legal regulation of the constitutional laws, the government budget, taxes, duties, other obligatory payments, amnesty, defense and safety of the state, international treaties, administrative-territorial division, creation of intermunicipal associations, structure, structure and activities of the Government;

3) projects (questions) which were already submitted for referendum during one previous year and identical it;

4) bills on modification of the law accepted on referendum if after acceptance of the corresponding year there passed less than one year.

Article 6. Prohibition on holding referendum

1. The referendum cannot be held during warlike or emergency state, irrespective of the size of the territory covered by warlike or emergency state. The referendum cannot be held also in the election day of National assembly.

2. If military or state of emergency was declared after the beginning of process of the referendum provided by this Law, but before announcement of referendum by the President of the republic, all actions and terms connected with removal at question referendum, begun to the announcement of warlike or emergency state stop and resumed upon termination of warlike or emergency state.

3. In case military or state of emergency is declared after the announcement of referendum provided by this Law, all actions and terms connected with the removal of question at referendum begun to the announcement of warlike or emergency state stop owing to the right. Within 12 hours after the announcement of warlike or emergency state the Central Election Commission makes the announcement of suspension of process of referendum.

4. The decision on pronouncement of the project of changes of the Constitution at the referendum appointed on the basis of which referendum it was not held because of warlike or emergency state, it can be declared invalid according to the procedure, established by the Constitutional law "Regulations of National Assembly",

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