LAW OF THE REPUBLIC OF ARMENIA

of December 1, 2017 No. ZR-198

About prosecutor's office

Accepted by National Assembly of the Republic of Armenia on November 17, 2017

Chapter 1. General provisions

Article 1. Prosecutor's office

1. The prosecutor's office of the Republic of Armenia (further - Prosecutor's office) is single system which is directed by the Attorney-General of the Republic of Armenia (further - the Attorney-General).

2. The prosecutor's office performs the powers assigned to it by the Constitution of the Republic of Armenia (further - the Constitution), by means of prosecutors.

Article 2. Legislation on Prosecutor's office

1. Powers of Prosecutor's office are established by the Constitution.

2. The procedure for forming and activities of Prosecutor's office is established by this Law and other laws.

Article 3. The basic concepts used in this Law

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

1) prosecutor - Attorney-General, his deputies, military prosecutor, prosecutor of the city of Yerevan, heads of the structural unit of the Prosecutor General's Office, deputies of the military prosecutor, prosecutors of administrative areas of the city of Yerevan, prosecutors of areas, military prosecutors of garrisons, senior prosecutors and prosecutors of the Prosecutor General's Office, deputy managers of structural division of the Prosecutor General's Office, deputy prosecutors of the city of Yerevan, deputies of military prosecutors of administrative areas of the city of Yerevan, areas and military prosecutors of garrisons, senior prosecutors and prosecutors of structural division of the Prosecutor General's Office, senior prosecutors and prosecutors of military prosecutor's offices of the city of Yerevan, administrative divisions of the city of Yerevan, areas and military prosecutor's offices of garrisons, heads of the structural unit of the central military prosecutor's office, senior prosecutors and prosecutors of the central military prosecutor's office, senior prosecutors and prosecutors of structural division of the central military prosecutor's office;

2) prosecutor's office - Prosecutor General's Office of the Republic of Armenia, central military prosecutor's office, prosecutor's office of the city of Yerevan, prosecutor's office of administrative areas of the city of Yerevan, prosecutor's office of areas, military prosecutor's offices of garrisons;

3) structural division of prosecutor's office - the management and department operating as a part of the Prosecutor General's Office and the central military prosecutor's office;

4) the public prosecutor's act - the decision, the order, the order, the petition, the recommendation, the order;

5) the helping professional structural division - the division promoting implementation of the functions assigned to prosecutors by the Constitution of the Republic of Armenia and the laws.

Article 4. Powers of Prosecutor's office

1. According to part 2 of article 176 of the Constitution, Prosecutor's office in the cases and procedure established by the law:

1) is initiated by criminal prosecution;

2) exercises supervision of legality of pre-judicial criminal proceedings;

3) is protected by accusation in court;

4) appeals resolutions of courts, adjudications and decisions;

5) exercises supervision of legality of application of punishments and other enforcement measures.

2. According to part 3 of article 176 of the Constitution, the Prosecutor's office in exceptional cases and procedure, established by the law, brings the suit for protection of the state (communal) interests in court.

Chapter 2. Principles of activities of Prosecutor's office

Article 5. Publicity of activities of Prosecutor's office

1. The prosecutor's office informs the public on the activities performed by it so far as it does not violate the rights, freedoms and legitimate interests of man and citizen, and also protection of the state and other secrets protected by the law.

2. The Attorney-General every year till April 1 represents to National assembly of the Republic of Armenia (further - National assembly) the message on activities of Prosecutor's office for previous year. The message includes data, statistical data, comparative analyses and the conclusions about the activities performed by Prosecutor's office current of previous year in connection with each of powers, the stipulated in Clause 4 presents of the Law. The message is discussed at meeting of National assembly on representation of the Attorney-General according to the procedure, established by part 3 of article 126 of the Constitutional law of the Republic of Armenia "Regulations of National assembly".

3. Communication established by part 2 of this Article within five working days after submission to National assembly is posted on the website of Prosecutor's office.

4. The Prosecutor General's Office of the Republic of Armenia annually till April 1 publishes the message on investigation of crimes on the official site of the Prosecutor General's Office of the Republic of Armenia. According to investigative subordination, the message shall contain data on results of investigation of the crimes committed during previous year, statistical data, comparative analyses and the conclusions. Data, statistical data, comparative analyses and the conclusions about results of investigation of crimes of corruption nature are represented separately.

5. For creation of the message provided by part 4 of this Article, bodies of pretrial investigation according to investigative subordination, annually till February 1 represent to the Prosecutor General's Office of the Republic of Armenia data and statistical data about results of investigation of the crimes committed during previous year. The guidelines manual on submission of data and statistical data about results of investigation of crimes of corruption nature is approved by the Attorney-General.

Article 6. Independence of the prosecutor and inadmissibility of intervention in its activities, obligation of execution of legal requirements of the prosecutor

1. Each prosecutor performs the powers independently, based on the laws and internal belief, and bears responsibility for the decisions made by him when implementing these powers.

2. The intervention in activities of the prosecutor which is not provided by the law is forbidden and attracts the responsibility established by the law.

3. Legal requirements of the prosecutor are subject to obligatory execution by state bodies and local government bodies, persons holding public positions, public employees, the organizations and physical persons.

4. In case of non-execution by person holding public position, to the public employee of legal requirements of the prosecutor, except for the case established by part 3 of article 25 of this Law in case with persons holding the state political positions - the Attorney-General, and in case with persons, the holding public positions, and public employees - the higher prosecutor addresses with the petition for initiation of disciplinary production concerning the this person holding public position, the public employee in state body or local government body the having power to initiate disciplinary production, or to the direct head of this public employee. The petition for initiation of criminal proceedings is subject to obligatory consideration in reasonable time by the state body or state body or the official having competence to initiate disciplinary production concerning person holding public position, the public employee. The relevant competent authority or the official reports about results of consideration of the petition to the prosecutor who addressed with the petition for initiation of disciplinary production.

5. Non-execution of legal requirements of the prosecutor attracts the responsibility established by the law.

6. Voided

Article 7. Prosecutor's Depolitizirovannost

1. The prosecutor cannot be party member or otherwise be engaged in political activities. The prosecutor under any circumstances shall show political restraint and neutrality.

2. In elections of state bodies and local government bodies, referenda the prosecutor can participate only in quality of the voter (voting). The prosecutor cannot participate in election propaganda, and also performed by preparation of referendum.

3. The prosecutor has no right to organize meetings which can call into question its political neutrality. With participation in meetings the prosecutor shall not wear office uniform.

Chapter 3. System of Prosecutor's office

Article 8. System of Prosecutor's office

1. The prosecutor's office consists from:

1) Prosecutor General's Office;

2) prosecutor's offices of the city of Yerevan;

3) prosecutor's offices of administrative areas Achapnyak and Davtashen of the city of Yerevan;

4) prosecutor's offices of administrative areas of Awan and city of Yerevan Nor-Nork;

5) prosecutor's offices of administrative areas Arabkir and Kanaker-Zeytun of the city of Yerevan;

6) prosecutor's offices of administrative areas Erebuni and Nubarashen of the city of Yerevan;

7) prosecutor's offices of administrative areas Kentron and Nork-Marash of the city of Yerevan;

8) prosecutor's offices of the administrative area of Malatiya-Sebastiya of the city of Yerevan;

9) prosecutor's offices of the administrative area Shengavit of the city of Yerevan;

10) prosecutor's offices of the Ararat region, the center - the city of Artashat;

11) prosecutor's offices of the Armavir region, the center - the city of Armavir;

12) prosecutor's offices of the Aragatsotn region, the center - the city of Ashtarak;

13) prosecutor's offices of the Gegharkunik region, the center - the city of Gavar;

14) prosecutor's offices of the Lori region, the center - the city of Vanadzor;

15) prosecutor's offices of the Kotayk region, the center - the city of Hrazdan;

16) prosecutor's offices of the Shirak region, the center - the city of Gyumri;

17) prosecutor's offices of the Syunik region, the center - the city of Kapan;

18) prosecutor's offices of the Vayots Dzor region, the center - the city of Yeghegnadzor;

19) prosecutor's offices of the Tavush region, the center - the city of Ijevan;

20) Military prosecutor's office of the Republic of Armenia (further - military prosecutor's office).

Article 9. Attorney-General

1. The Attorney-General directs and controls activities of Prosecutor's office and bears responsibility for ensuring normal activities of Prosecutor's office.

2. Attorney-General:

1) according to the offer of board of Prosecutor's office establishes the directions of implementation of powers of Prosecutor's office;

2) is performed by labor division between the deputies, the senior prosecutors and prosecutors of the Prosecutor General's Office;

3) approves structure of the Prosecutor General's Office and military prosecutor's office;

4) is established by circle of implementation of powers of the senior prosecutors and prosecutors of prosecutor's offices, the Prosecutor General's Office;

5) is established by the number of staff and the staff list of Prosecutor's office within the salary fund provided by the Law;

6) is approved by "Regulations of Prosecutor's office of the Republic of Armenia";

7) within the competence adopts internal and individual legal acts;

8) performs the powers established by the Law "On Regulation of Managerial Legal Relationship";

9) ceased to be valid

Approves 10) and changes the nomenclature of conceptual positions, number of staff and the staff list;

11) creates councils, working groups, the commissions in case of the Attorney-General, establishes procedure for their activities;

12) performs other powers assigned to it by the law within competence of the Prosecutor's office provided by the Constitution.

3. The Attorney-General has the right to perform the powers established by parts 2 and 3 of article 176 of the Constitution in all territory of the Republic of Armenia.

4. In case of temporary absence of the Attorney-General on his order one of deputy attorneys general replaces the Attorney-General. In case of impossibility of adoption of such order and also if the position of the Attorney-General in the procedure established by the law remains vacant, the Attorney-General is temporarily replaced by the deputy attorney general with the longest work experience in system of Prosecutor's office.

Article 10. Deputy attorney general

1. Deputy attorney general:

1) coordinates works of the sphere charged to it by the Attorney-General in system of Prosecutor's office (further - the sphere of its coordination);

2) within the competence adopts internal and individual legal acts;

3) represents petitions to the Attorney-General about encouragement of prosecutors or attraction them to disciplinary responsibility, and also about their promotion;

4) performs other powers assigned to it by the law within competence of the Prosecutor's office provided by the Constitution.

2. The deputy attorney general within the sphere of its coordination performs all powers established by parts 2 and 3 of article 176 of the Constitution.

Article 11. Prosecutor General's Office

1. The Prosecutor General's Office consists of heads of structural divisions, deputy managers of structural divisions and prosecutors of structural divisions, the senior prosecutors and prosecutors of the Prosecutor General's Office, and also the helping professional structural divisions, the principal secretary and deputy of the principal secretary.

2. The senior prosecutors and prosecutors of the Prosecutor General's Office act in direct subordination at the Attorney-General.

3. The residence of the Prosecutor General's Office is in the city of Yerevan.

Article 12. Structural division and head of the structural unit of the Prosecutor General's Office

1. The structural division of the Prosecutor General's Office consists of the head of the structural unit, the senior prosecutors and prosecutors of structural division, and in the case established by part 2 of this Article - also the deputy (deputies).

2. The structural division of the Prosecutor General's Office can have the deputy (deputies) head of the structural unit. Management of the Prosecutor General's Office can have departments also.

3. The head of the structural unit of the Prosecutor General's Office (further - division):

1) directs, will organize and coordinates activities of the division headed by it;

2) is provided by execution of orders, recommendations, orders of the Attorney-General, and also recommendations, orders of the deputy attorney general coordinating the sphere;

3) is represented by the offer to the Attorney-General or the deputy attorney general, coordinating the sphere, about labor division between the deputy manager of structural division, the senior prosecutors and prosecutors of structural division (further - prosecutors of division);

4) represents the offer to the Attorney-General or the deputy attorney general coordinating the sphere, on encouragement of prosecutors of the division headed by it or attraction them to disciplinary responsibility, and also about their promotion;

5) represents offers to the principal secretary of prosecutor's office about encouragement of the civil servants or their attraction to disciplinary responsibility appointed by it;

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