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LAW OF THE REPUBLIC OF ARMENIA

of October 19, 2001 No. ZR-229

About political asylum

(as amended on 20-12-2022)

Accepted by National Assembly of the Republic of Armenia on September 26, 2001

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

This Law regulates the bases, procedure for receipt of the right of political asylum in the Republic of Armenia, conditions of variation of the statement for receipt of such right, the termination of this right, and also other related relations.

Article 2. Law coverage

1. Operation of this Law extends to the foreign citizens and persons without citizenship performing public work in the country of their nationality or permanent residence famous to the public and according to the procedure, established by this Law, addressed for receipt of the right of political asylum in the Republic of Armenia or already acquired such right.

2. Operation of the Law does not extend to foreign citizens and persons without citizenship who according to the procedure, established by the legislation of the Republic of Armenia, received the status of the refugee or any other residence permit established by the law.

Article 3. Concept of political asylum

The political asylum is the special residence permit in the Republic of Armenia provided in the procedure established by this Law to the foreign citizen or the stateless person (further the foreign citizen) which purpose is protection in the territory of the Republic of Armenia of the foreign citizen who received such status from political prosecutions to which it was exposed in the country of his nationality or the permanent residence and could be exposed in this country if it was not granted shelter in the Republic of Armenia.

2. According to this Law "political prosecution" is understood as physical impact, the psychological or other pressure put upon the foreign citizen by state bodies of this country or with their connivance of this country by the social and political organizations, directed directly to change of political convictions of this person, to suppression of public critical statements of this person against actions of state bodies or statesmen of this country which are connected only with political convictions and the expressed opinion of person which is exposed to pressure, that is with the human rights and freedoms proclaimed rules of international law.

3. The action applied by foreign state, its authorized bodies and relevant international organizations concerning the foreign citizen who made the act contradicting the principles of international law or criminally pursued act of political nature is not considered as political prosecution.

Chapter 2. Procedure for the request for receipt of the right of political asylum and decision making about it

Article 4. Job seeker of the right of political asylum and its entry into the Republic of Armenia

1. The job seeker of the right of political asylum (further - the job seeker) the foreign citizen who submitted in the procedure established by this Law the written application about receipt of the right of political asylum in the Republic of Armenia is considered.

2. Entry of the job seeker into the Republic of Armenia is performed according to the procedure, established by the legislation of the Republic of Armenia, and also international treaties of the Republic of Armenia.

3. The procedure for providing the job seeker with the temporary accommodation and other living conditions is established by the Government of the Republic of Armenia.

Article 5. Procedure for the request for receipt of the right of political asylum

1. The foreign citizens who are in foreign states can submit the application for receipt of the right of political asylum in the Republic of Armenia to diplomatic representations and consular establishments of the Republic of Armenia in this state.

2. Foreign citizens after entry into the Republic of Armenia submit the application for receipt of the right of political asylum in the Republic of Armenia to authorized body of public administration in the sphere of migration and nationality (further - authorized state body).

3. The diplomatic representation or consular establishment of the Republic of Armenia in case, stipulated in Item 1 this Article, in ten-day time after receipt of the statement of the foreign citizen and other necessary documents sends them to authorized state body through the Ministry of Foreign Affairs of the Republic of Armenia.

4. Voided according to the Law of the Republic of Armenia of 09.11.2017 No. ZR-150

5. The authorized state body based on the statement constitutes the personal record.

6. The application form, the list of the documents attached to it and procedure for creation and conducting the case opened in authorized state body is established by the Government of the Republic of Armenia.

Article 6. Not consideration of the application and variation of the statement

1. The application of the job seeker for receipt of the right of political asylum in the Republic of Armenia is not considered if it becomes clear that he received the status of the refugee or any residence permit established by the law not cancelled in accordance with the established procedure in the Republic of Armenia and also if necessary documents are not attached to the statement, except as specified, when lack of their part is not essentially obstacle for decision making of the statement.

2. The authorized state body cannot take cognizance of the statement if it is determined that:

a) the job seeker received any residence permit (including shelter) from other state;

b) the job seeker is pursued by authorized state bodies of the Republic of Armenia upon the crime committed in its territory or against it;

c) concerning the job seeker any political prosecution in the country of his nationality or the permanent residence is not performed or he is pursued by this state only for the act attracting criminal liability or for other committed offense.

3. Diplomatic representations and consular establishments of the Republic of Armenia in foreign states can also reject the applications submitted by job seekers if the bases, stipulated in Item 2 these Articles are known to them. The authorized state body in ten-day time is notified on statement variation through the Ministry of Foreign Affairs of the Republic of Armenia.

4. The job seeker who was refused in the procedure established by this Article within 30 days after receipt of refusal can protest it judicially.

5. Voided according to the Law of the Republic of Armenia of 09.11.2017 No. ZR-150

Article 7. Decision making according to the statement

1. The authorized state body submits the application of the applicant, in three-months time after obtaining makes the decision on provision to the job seeker of the right of political asylum in the Republic of Armenia or refusal in it.

If consideration of the application requires additional studying, the term of decision making can be prolonged up to 6 months.

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