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The document ceased to be valid since  April 9, 2018 according to part 7 of Article 88 the Law of the Republic of Armenia No. ZR-42 of January 27, 2018

LAW OF THE REPUBLIC OF ARMENIA

of June 14, 2006 No. ZR-58

About the Constitutional Court

(as amended on 28-05-2016)

Accepted by General Court of the Republic of Armenia on June 1, 2006

Chapter 1. General provisions

Article 1. Constitutional court of the Republic of Armenia

1. Constitutional court - the supreme body of the constitutional justice providing supremacy and direct operation of the Constitution in system of law of the Republic of Armenia.

2. When implementing the constitutional justice the Constitutional Court is independent and submits only to the Constitution.

Article 2. Powers, procedure for education and activities of the Constitutional Court

Powers and procedure for formation of the Constitutional Court are established by the Constitution, and procedure for activities by the Constitution and this Law.

Article 3. Requirements imposed on the member of the Constitutional Court

1. The citizen of the Republic of Armenia who reached age of 35 years, having the voting rights not having nationality of other state having the higher legal education or academic degree in the field of constitutional right, and also at least ten years of length of service in the field of the right and knowing Armenian can be the member of the Constitutional Court.

2. In case of appointment of the member of the Constitutional Court the National assembly and the President of the Republic shall consider also moral qualities of the alternate member of the Constitutional Court.

3. The member of the Constitutional Court cannot be engaged in business activity, hold the position which is not connected with its obligations in state bodies or local government bodies, position in the commercial organizations, to perform other paid work, except scientific, pedagogical and creative work which shall not interfere with implementation of powers of the member of the Constitutional Court by it and cannot serve as reasonable excuse of its absence in meetings of the Constitutional Court.

4. The member of the Constitutional Court cannot be the member of any batch or be engaged in political activities.

Article 4. Oath of the member of the Constitutional Court

The member of the Constitutional Court enters position, taking the oath of the following content at meeting of National assembly: "Entering position of the member of the Constitutional Court, I swear before the people of the Republic of Armenia to provide rule of the Constitution, to be impartial, to remain faithful to rank of the member of the Constitutional Court".

Article 5. The basic principles of hearing of cases in the Constitutional Court

The basic principles of hearing of cases in the Constitutional Court are:

1) independence of the Constitutional Court;

2) official clarification of the facts of the case;

3) equality and competitiveness of the parties;

4) collective nature;

5) publicity.

Article 6. Guarantees of activities of the Constitutional Court

1. Financing of the Constitutional Court is made at the expense of means of the government budget that shall provide normal activities of the Constitutional Court.

2. The chairman of the Constitutional Court in the procedure established by Regulations of the Constitutional Court, submits within the term established by the law on the budget system within the Government expense budget of the Constitutional Court (the budget request) for its inclusion in the draft of the government budget.

3. The budget of the Constitutional Court is part of the government budget.

4. The budget request of the Constitutional Court in case of its acceptance by the Government joins in the draft of the government budget, and in the presence of objection it is submitted in National assembly together with the draft of the government budget.

The government represents reasons for objection according to the budget request to National assembly and the Constitutional Court.

5. For ensuring normal activities of the Constitutional Court, for the purpose of financing of unforeseen expenses 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 provided for the Constitutional Court by the law on the government budget for this year.

6. The constitutional court independently creates the Device and disposes of the means.

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

8. Safety of the buildings occupied with the Constitutional Court, structures is provided in the procedure established by the law.

9. In case of illegal impact or threat of impact on immunity of the member of the Constitutional Court, the members of his family occupied by him residential and service premises competent state bodies shall take immediately upon the demand of the Constitutional Court all necessary measures for safety of the member of the Constitutional Court, the members of his family occupied by him residential and service premises.

10. Except members and employees of the Device of the Constitutional Court other persons can have access to the building of the Constitutional Court according to the procedure, established by Regulations of the Constitutional Court.

Article 7. Residence of the Constitutional Court

1. Meetings of the Constitutional Court are held in the city of Yerevan, in the place of stay of the Constitutional Court.

2. Meetings of the Constitutional Court can be held also in other place according to the procedural decision made by at least than two thirds of total number of voices of members of the Constitutional Court.

Article 8. Use of the state symbols in the Constitutional Court. Seal of the Constitutional Court

1. Over the building of the Constitutional Court the Colours of the Republic of Armenia are hoisted.

2. In assembly hall of the Constitutional Court the image of the Coat of arms of the Republic of Armenia and the Flag of the Republic of Armenia are placed.

3. The constitutional court has seal with the image of the Coat of arms of the Republic of Armenia and the name.

Chapter 2. Member of the Constitutional Court

Article 9. Independence of the member of the Constitutional Court

1. The member of the Constitutional Court when implementing the constitutional justice is independent and submits only to the Constitution and the law.

2. The member of the Constitutional Court has no right to request or receive any specifying in connection with the activities.

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

4. On it the member of the Constitutional Court without delay notifies the Constitutional Court which the decision can demand from competent authorities of the immediate accountability of person which allowed intervention and (or) organized it on each fact of intervention in activities of the member of the Constitutional Court or other impact.

Article 10. Irremovability of the member of the Constitutional Court

1. The member of the Constitutional Court is irremovable.

2. Powers of the member of the Constitutional Court stop on the bases and according to the procedure, the stipulated in Article 14 these Laws.

Article 11. Immunity of the member of the Constitutional Court

1. The member of the Constitutional Court is inviolable.

2. The member of the Constitutional Court cannot be arrested, attracted as the person accused, and also in its relation the question of administrative prosecution judicially without the consent of the Constitutional Court and the body which appointed it - National assembly or the President of the Republic cannot be started. The Constitutional Court is agreed by means of the conclusion, the consent of National assembly - by means of the resolution of National assembly, and the consent of the President of the Republic - by means of the decree.

3. The member of the Constitutional Court cannot be detained, except as specified, when detention is made at the time of making of crime by it or directly after that. The President of the Republic and the Chairman of the Constitutional Court are without delay informed of detention of the member of the Constitutional Court. The decision on detention goes to the President of the Republic and to the Constitutional Court not later than in 24 hours from the moment of detention.

The bodies and officials who made detention shall provide easy access of the Chairman of the Constitutional Court to the place of content of the detained member of the Constitutional Court and provide its appointment to the member of the Constitutional Court.

4. The member of the Constitutional Court cannot be subjected to the drive. The member of the Constitutional Court who underwent to the drive in competent authority without documents shall be immediately exempted after clarification of his personality.

5. The entrance to the building of the Constitutional Court for carrying out search, survey, withdrawal of documents or things is performed with the consent of the Chairman of the Constitutional Court.

6. Criminal prosecution concerning the member of the Constitutional Court can be initiated only by the Attorney-General.

7. The member of the Constitutional Court cannot be pursued and made responsible for the actions following from its status.

8. The announcement does not repeal warlike or emergency state the immunity guarantees fixed by this Article.

9. The diplomatic passport is provided to the member of the Constitutional Court.

Article 12. Material security of the Chairman and members of the Constitutional Court

1. For the purpose of guarantee of activities of the member of the Constitutional Court the state provides it worthy living conditions and work.

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