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LAW OF THE REPUBLIC OF ARMENIA

of April 17, 2021 No. ZR-147

About Anti-corruption committee

Accepted by National Assembly of the Republic of Armenia on March 24, 2021

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law regulates powers, system and structure of Anti-corruption committee, procedure and conditions of forming, activities, revenues to service and holding the post, classification of positions and class ranks, the rights, obligations and responsibility of employees, legal and social guarantees and the other relations connected with continuance in office.

Article 2. Legislation on Anti-corruption committee

1. The relations connected with Anti-corruption committee are regulated by this Law, regulations of the international treaties ratified by the Republic of Armenia, the Code of penal procedure of the Republic of Armenia, the connected provisions of the law "About operational search activities", other legal acts.

Article 3. Basic concepts of this Law

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

1) service in Anti-corruption committee - type of public service which features are established by this Law;

2) the employee of Anti-corruption committee - persons holding autonomous positions in Anti-corruption committee, the head, employees of the division performing operational search functions;

3) person holding autonomous position in Anti-corruption committee - the chairman of Anti-corruption committee, his deputies, chiefs of managements of Anti-corruption committee, their deputies, except for the chief of the department of the Anti-corruption committee performing operational search functions (the chief of body of inquiry) and his deputy, chiefs of departments of Anti-corruption committee, their deputies, except for heads of the departments performing operational search functions, and their deputies, the senior special investigators, special investigators, the senior investigators, investigators of Anti-corruption committee;

4) person holding position of civil service in Anti-corruption committee - the secretary general of Anti-corruption committee, his deputy and employees of the divisions promoting implementation of the main functions of Anti-corruption committee;

5) corruption crimes - the crimes entering the list of corruption crimes established by the Criminal code of the Republic of Armenia;

6) structural division of Anti-corruption committee.

Chapter 2. Powers and principles of activities of Anti-corruption committee

Article 4. Status and powers of Anti-corruption committee

1. The anti-corruption committee is investigating body which will organize and performs pre-judicial criminal proceedings on the expected corruption crimes carried to its jurisdiction by the Code of penal procedure of the Republic of Armenia.

2. The anti-corruption committee within the powers according to the procedure, established by the Law "About Operational Search Activities", performs operational search activities.

3. The anti-corruption committee performs also other powers established by this Law.

Article 5. Principles of activities of Anti-corruption committee

1. Activities of Anti-corruption committee are based on the principles of independence, publicity, financial independence and political neutrality.

2. The anti-corruption committee performs operational search activities with respect for the principles of operational search activities established by the Law "About Operational Search Activities".

Article 6. Independence of Anti-corruption committee

1. The anti-corruption committee when implementing the powers, and also in case of decision making, the concerning its structures, procedure for the organization of works, is independent and submits only to the Constitution and the laws.

Article 7. Publicity and accountability of activities of Anti-corruption committee

1. The anti-corruption committee informs the public on the activities, providing the mystery of pretrial investigation, and also protection of the state and protected by the law other secrets.

2. The chairman of Anti-corruption committee annually till January 31 represents to the Government and National assembly the written message on activities for previous year.

3. After the termination every half-year the Anti-corruption committee within a month publishes summary information on activities on the official site. The structure of information, circle of the questions included in it are established by the chairman of Anti-corruption committee. The annual statement of Anti-corruption committee is published on the official site annually till January 31.

Article 8. Financial independence

1. Financing of Anti-corruption committee is performed at the expense of the means provided by the government budget.

2. The anti-corruption committee according to the procedure, established by the Law "About the Budget System of the Republic of Armenia", in time, established by the decision of the Prime Minister on the beginning of the budget process for the next year, annually constitutes and submits to the Government the request for budget financing of Anti-corruption committee for the next year (the draft of the estimate of the planned expenses of the government budget as regards Anti-corruption committee) for inclusion in the draft of the government budget for the next year.

3. The request for budget financing of Anti-corruption committee for the next year in case of its acceptance by the Government joins in the draft of the government budget, and in case of objection it is submitted in National assembly together with the draft of the government budget. The government represents to National assembly and Anti-corruption committee reasons for objection according to the request for budget financing.

4. For the purpose of financing of unforeseen expenses for ensuring normal activities of Anti-corruption committee the reserve fund of Anti-corruption committee which is represented separately the budget is provided. The size of reserve fund is equal to two percent of salary fund of persons holding positions in Anti-corruption committee on the law on the government budget for this year.

5. Assignments from reserve fund are made by the decision of the chairman of Anti-corruption committee.

Article 9. Political neutrality

1. The employee of Anti-corruption committee cannot be the member of any batch or otherwise be engaged in political activities. The employee of Anti-corruption committee under any circumstances shall show political restraint and neutrality.

2. The employee of Anti-corruption committee can only participate in elections of National assembly and local government bodies, referenda as the voter (voting).

Chapter 3. System of Anti-corruption committee

Article 10. System of Anti-corruption committee

1. The system of Anti-corruption committee includes the main professional structural divisions (including territorial subdivisions and division concerning internal security) and the helping professional structural divisions.

2. Divisions of Anti-corruption committee are managements and departments. Management of Anti-corruption committee can have departments also.

3. Full and effective implementation of powers of Anti-corruption committee and its participation in civil legal relationship are provided by the secretary general of Anti-corruption committee.

4. Employees of the professional structural divisions helping Anti-corruption committee are civil servants to whom the Law "About Civil Service" extends.

5. Persons which are carrying out works on servicing in Anti-corruption committee on contractual basis are not employees and are employed according to the procedure, established by the labor law of the Republic of Armenia.

6. The structure, positions of Anti-corruption committee, including conceptual positions, the nomenclature of persons performing maintenance, and the staff list are approved by the chairman of Anti-corruption committee.

Article 11. Chairman of Anti-corruption committee

1. The chairman of Anti-corruption committee directs and controls activities of Anti-corruption committee and bears responsibility for ensuring normal activities of Anti-corruption committee.

2. Chairman of Anti-corruption committee:

1) is established by management on disclosure by employees of Anti-corruption committee of corruption cases and the organization of the proper investigation and provides control of their implementation;

2) is performed by labor division between the deputies;

3) within the competence adopts sublegal, internal and individual legal acts, makes recommendations;

4) is represented by Anti-corruption body in the relations with state bodies and local government bodies, the organizations (including international);

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