LAW OF THE REPUBLIC OF ARMENIA

of January 27, 2018 No. ZR-42

About the Constitutional court

Accepted by National Assembly of the Republic of Armenia on January 17, 2018

Chapter 1. General provisions

Article 1. Constitutional court

1. According to part 1 of article 167 of the Constitution, the constitutional justice performs the Constitutional court, providing rule of the Constitution.

2. According to part 2 of article 167 of the Constitution, when implementing justice the Constitutional court is independent and submits only to the Constitution.

3. In the Constitutional court of the relation, connected with the state secret, are regulated by the Law "About the State Secret".

Article 2. Residence of the Constitutional court and its protection

1. Meetings of the Constitutional court are held in the city of Yerevan, in the residence of the Constitutional court.

2. If necessary the Constitutional court the procedural decision can hold meetings also in other place of the Republic of Armenia.

3. The government allocates to the Constitutional court the certain building and necessary property for ensuring its normal activities.

4. Safety of buildings, the structures occupied by the Constitutional court is provided in the procedure established by the law.

5. Except judges and employees of the device of the Constitutional court, other persons can enter the building of the Constitutional court according to the procedure, established by regulations of the Constitutional court.

Article 3. Financial guarantees of activities of the Constitutional court

1. Expenses of the Constitutional court constitute part of expenses of the government budget and shall provide normal activities of the Constitutional court.

2. Works on creation of the request for budget financing (the project of expense budget) of the Constitutional court the forthcoming year are coordinated by the chairman of the Constitutional court.

3. The device of the Constitutional court according to the procedure, established by the Law of the Republic of Armenia "About budget system of the Republic of Armenia", constitutes every year and submits to the Government the request for budget financing of the Constitutional court for the forthcoming year (further - the budget request) for inclusion in the draft of the government budget the forthcoming year.

4. In case of acceptance by the Government the budget request steadily, and in case of objections - in the changed type joins in the draft of the government budget. The government submits the budget request with the draft of the government budget to National assembly. The government represents to National assembly and the Constitutional court also reasons for the changes according to the budget request.

5. For the purpose of financing of unforeseen expenses on ensuring normal activities of the Constitutional court, and also encouragement of judges of the Constitutional court and workers of the device of the Constitutional court the reserve fund of the Constitutional court which is represented separately the budget is provided. The size of reserve fund is equal to two percent of the budget, the provided day of the Constitutional court the law on the government budget for this year.

6. In the procedure established by the law the chairman of the Constitutional court disposes of budgetary funds of the Constitutional court. If necessary the chairman of the Constitutional court according to the procedure, established by the Government, can the internal redistributions between Articles of economic classification of budgeted expenses which are not exceeding quota of 15 percent from the total amount of assignments established by the law on the government budget as regards each program performed by the Constitutional court.

7. The constitutional court according to the procedure, established by the law and its regulations, independently disposes of the means.

8. In case of insufficiency of means of reserve fund for ensuring normal activities of the Constitutional court the Government on the basis of the statement of the chairman of the Constitutional court compensates for the deficiency from reserve fund of the Government.

Chapter 2. Status of the judge of the Constitutional court

Article 4. Requirements to the judge of the Constitutional court

1. The judge of the Constitutional court the lawyer with the higher education who reached 40-year age, being only the citizen of the Republic of Armenia, having the voting right, with high professional and moral qualities and, at least, fifteen-year years of service of professional work, knowing Armenian can be elected.

2. One person can be elected the judge of the Constitutional court only once.

3. The judge of the Constitutional court cannot hold the position in state bodies or local government bodies which is not caused by its status, any position in the commercial organizations, to be engaged in business activity, to perform other paid work, except scientific, educational and creative work.

4. The adjustments established for the public employee by the law on business activity are applicable to the judge of the Constitutional court.

5. The judge of the Constitutional court cannot be the member or the founder of any batch, to hold position in batch, to act on behalf of batch or to be engaged in political activities in different way.

6. The judge of the Constitutional court can only participate in elections of National assembly and local government bodies as the voter. The judge of the Constitutional court cannot publicly speak for benefit of any candidate or against it or participate in election propaganda different way.

7. Professional discussions or the conclusions on drafts of regulatory legal acts, discussions and announcements in connection with activities of judicial authority, including public, are not considered as violation of the principle of depolitizirovannost.

8. The judge can hold position in non-profit organization if:

1) performs the position in this position gratuitously;

2) this position does not assume the order financial resources, the conclusions of civil transactions on behalf of the organization or implementation of representative office of the organization in state bodies or local government bodies.

9. The payment to the judge for scientific, educational or creative work cannot exceed the reasonable size, that is the size for which for similar activities the person having similar qualities, but not being the judge can apply.

10. For the activities performed according to rules of part 9 of this Article, the judge can receive expense recovery if such compensation cannot reasonably be perceived as purposeful on impact on the judge in connection with implementation of job responsibilities by it.

11. The judge cannot act as the executor or the trustee with property, except as specified, when he gratuitously acts in connection with property of the close relative or person finding under its guardianship or custody.

12. In sense of this Code close relative is the spouse (a) of the judge, the parent, the child, the spouse (a) of the child the native or nonnative (summary) brother, the sister, the grandfather, the grandmother, the grandson, the great-grandson, the spouse (a), the child of the sister or the brother, and also the adoptive father or the adopted child of the judge or his (her) spouse (spouse).

13. The circumstance of ownership of Armenian is confirmed by the final document issued by educational institutions about education in Armenian in educational institutions or completion of studying of the subject Armenian provided by the educational program and passing of final assessment (the certificate, the certificate, the diploma). In the absence of the final document confirming circumstance of ownership of Armenian, the circumstance of ownership of Armenian is checked according to the procedure, established by the minister developing and performing policy of the Government in the field of science and education which shall provide reasonable, objective standards of check of circumstance of ownership of Armenian, and also process control procedures.

Article 5. Assumption of office of the judge of the Constitutional court

1. The newly elected judge of the Constitutional court after election takes the following oath in National assembly: "Entering judgeship of the Constitutional court, before the people of the Republic of Armenia I swear to provide rule of the Constitution, to be effective independently and without prejudice, to remain devoted to high rank of the judge of the Constitutional court.".

2. The newly elected judge of the Constitutional court enters right after bringing of the oath specified regarding 1 this Article, and in case of election within six months before the expiration of powers or age achievement of limit of continuance in office of the judge of the Constitutional court the newly elected judge of the Constitutional court enters the position in day of the termination of powers of the corresponding judge of the Constitutional court.

Article 6. Safety of the judge of the Constitutional court

1. The judge of the Constitutional court and members of his family are under special protection of the state. In case of illegal impact on immunity of the judge of the Constitutional court, the members of his family occupied by him residential and working rooms, other property or its threats the judge reports competent state bodies and the Constitutional court. Competent state bodies shall take without delay adequate measures on safety of the judge, members of his family and the residential and working rooms occupied by him, other property what report to the chairman of the Constitutional court about.

Article 7. Independence of the judge of the Constitutional court

1. When implementing justice the judge is independent of state bodies and local government bodies, official, physical persons and legal entities, is not accountable to anybody, including shall not offer any explanations.

2. The judge of the Constitutional court has no right to request any instructions in connection with the activities.

3. Any impact on the judge of the Constitutional court in connection with its activities is inadmissible and is pursued under the law.

4. On it the judge of the Constitutional court without delay informs the chairman of the Constitutional court who addresses competent state bodies with the requirement to take necessary measures on each fact of intervention in activities of the judge of the Constitutional court or other impact.

5. During period of service and after the termination of powers the judge of the Constitutional court cannot be interrogated as the witness on production within which it performed the powers as the judge.

Article 8. Irremovability of the judge of the Constitutional court

1. The judge of the Constitutional court is irremovable.

Article 9. Immunity of the judge of the Constitutional court

1. The judge of the Constitutional court, according to part 2 of article 164 of the Constitution, cannot be made responsible for the expressed opinion or the adopted court resolution when implementing justice, except as specified, when there are essential elements of offense or disciplinary violation.

2. According to part 3 of article 164 of the Constitution, criminal prosecution concerning the judge of the Constitutional court in connection with implementation of the powers by it can be initiated only with the consent of the Constitutional court.

3. The judge of the Constitutional court cannot be imprisoned in connection with implementation of the powers without the consent of the Constitutional court, except for case when it was caught at the time of crime execution or right after it.

4. In addition to the right established by part 3 of article 27 of the Constitution from the moment of imprisonment the judge has the right to report without delay about it phone call or other communication medium to the chairman or other judge of the Constitutional court.

5. In the cases provided by this part, deprivation of the judge of freedom cannot continue more than seventy two hours. About deprivation of the judge of the Constitutional court of freedom it is without delay reported to the chairman of the Constitutional court and the Attorney-General. The decision on detention of the judge of the Constitutional court without delay goes to the chairman of the Constitutional court and the Attorney-General. The bodies and officials who imprisoned the judge shall provide easy access of the chairman and other judges of the Constitutional court to the place where the judge imprisoned contains and to provide their appointment to the judge.

6. Initiation of criminal prosecution concerning the judge of the Constitutional court and public prosecutor's supervision of pre-judicial criminal proceedings on this production is exercised by the Attorney-General or the deputy for its order.

7. Actions concerning the judge within criminal proceedings are made with the maximum ensuring confidentiality of pre-judicial criminal proceedings, respect for reputation and independence of the judge and judicial authority, excepting any direct or indirect intervention in activities of the judge.

8. The entrance to the building of the Constitutional court for carrying out investigative action in court house is performed with the notice of the chairman of the Constitutional court.

9. Investigative actions with the participation of the judge which is not under criminal prosecution can be carried out with the notice of the chairman of the Constitutional court.

10. Investigative actions with the participation performed without the permission of the judge, which is not under criminal prosecution it is carried out to time and in the place, previously approved with the judge, with the maximum ensuring confidentiality of evidential action, respect for reputation and independence of the judge, excepting any direct or indirect intervention in activities of the judge.

Article 10. Material security, social and other guarantees of the judge of the Constitutional court

1. For the judge, according to part 10 of article 164 of the Constitution, the remuneration corresponding to its high status and responsibility is established. The relations connected with remuneration of the chairman, vice-chairman and judges of the Constitutional court including calculations and the sizes of the main and additional salaries, are regulated by the law.

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