CONSTITUTION OF THE NAGORNO KARABAKH REPUBLIC
Contents
Chapter I: The Foundations of Constitutional Order
Chapter II. Fundamental Human and Civil Rights and Freedoms and
Obligations
Chapter III. The President of the Republic
Chapter IV. The National Assembly
Chapter V. The Government
Chapter VI. Judicial Power
Chapter VII. The Prosecution
Chapter VIII. The Defender of Human Rights
Chapter IX. The Oversight Chamber
Chapter X. Local Self-Government
Chapter XI. Adoption of Constitution, Amendments and Referendum
We, the people of Artsakh:
- filled with the spirit of freedom;
- realizing the dream of our ancestors and the natural right of people to lead
a free and secure life in the Homeland and to create;
-showing a firm will to develop and defend the Republic of Nagorno Karabakh
formed on September 2, 1991 on the basis of the right of self-determination and
proclaimed independent by a referendum conducted on December 10, 1991;
as a free, sovereign state of citizens with equal rights , where a human being,
his life and security, rights and freedoms are of supreme value,
- affirming faithfulness to the principles of the Declaration of Independence
of the Republic of the Nagorno Karabakh Republic adopted on January 06, 1992;
- recalling with gratitude the heroic struggle of our ancestors and present
generations for the restoration of freedom, bowing to the memory of the
perished in a war forced upon us;
- fulfilled with the power of unity of all Armenians of the world;
- reviving the historic traditions of statehood in Artsakh;
- aspiring to establish good-neighborly relations with all peoples, first of
all with our neighbors, on the basis of equality, mutual respect and peaceful
co-existence;
- staying faithful to the just world order in conformity with universal values
of the International law
- recognizing our own responsibility for the fate of our historic Homeland
before present and future generations;
- exercising our sovereign right,
- for us, for generations to come and for those that will wish to live in
Artsakh, adopt and proclaim this Constitution.
Chapter I. The Foundations of Constitutional Order
Article 1.
1. The Nagorno Karabakh Republic, Artsakh, is a sovereign, democratic state
based on social justice and the rule of law.
2. The Nagorno Karabakh Republic and Artsakh Republic designations are the
same.
Article 2.
The Nagorno Karabakh Republic recognizes the fundamental human rights and
freedoms as inalienable and supreme value, for freedom, justice and
peace.
Article 3.
1. In the Nagorno Karabakh Republic power lies with the people.
2. The people exercise their power through free elections and referenda as well
as through state and local self-governing bodies and public officials as
provided by the Constitution.
3. The usurpation of power by any organization or individual constitutes a
crime.
Article 4.
The election of the President, the National Assembly and local self-governing
bodies as well as the referenda is held based on the rights to universal, equal
and direct suffrage by secret ballot.
Article 5.
The state guarantees the protection of individual and citizen’s rights and
freedoms in accordance with the international human rights principles and
norms. The state is sanctioned by those rights and freedoms directly in
effect.
Article 6.
1. State power shall be exercised in accordance with the Constitution and the
laws based on the principle of the separation of the legislative, executive and
judicial powers of the government and their checks and balances.
2. The State and local self-government bodies and officials are only to execute
activities for which they have been authorized by the Constitution and the
laws.
Article 7.
1. The Nagorno Karabakh Republic Constitution has the supreme judicial power
and its norms are applicable directly.
2. The laws of the The Nagorno Karabakh Republic must correspond with the
Constitution. Other inter-state legal acts are adopted in accordance with the
Constitution and the laws to guarantee their realization. They must correspond
to the Constitution, laws and the international agreements ratified by the
Nagorno Karabakh Republic.
3. The Laws and other inter-state normative legal acts shall take effect only
upon their official publication.
4. Laws found to contradict the Constitution as well as other inter-state legal
acts shall have no legal force.
5. International treaties ratified by the Nagorno Karabakh Republic, are
constituent part of the legal system of the Nagorno Karabakh Republic.
6. Laws and other legal acts of the Nagorno Karabakh Republic shall correspond
with the principles and norms of the international law.
7. International treaties made in the name of the Nagorno Karabakh Republic
take effect only upon their ratification or confirmation. If there are other
norms ratified in the international treaties than those provided by the laws of
the Republic then the norms provided in the treaty shall prevail.
8. International treaties that contradict the Constitution may not be ratified.
International treaties that contradict the law shall not be confirmed.
Article 8.
1. The multi-party system and ideological pluralism constitute the political
foundation of the Nagorno Karabakh Republic.
2. Parties are formed freely and contribute to the formation and expression of
the people's political will. Their activity cannot contradict the Constitution
and the laws, nor can their structure and practice to the democratic
principles.
3.Political parties provide publicity of their financial activities.
Article 9.
1. In the Nagorno Karabakh Republic free activities and competition constitute
the basis of the economic activities in the republic.
2. Unfair competition is prohibited.
3. The competition limits, allowed forms of monopolies and their limits shall
only be stipulated by law, should they be considered indispensable for the
security and interests of the public.
4. The State shall guarantee the free development and equal legal protection of
all forms of property.
Article 10
1. In the Nagorno Karabakh Republic the Church is independent of the
state.
2. The Nagorno Karabakh republic recognizes the Holy Apostolic Church of
Armenia as its national church with a unique spiritual mission in the life of
the people of Artsakh, its national cultural development, and nurturing of its
national identity.
Article 11.
1. The armed forces of the Nagorno Karabakh Republic ensure the security of the
Nagorno Karabakh Republic, its defense, territorial integrity, and inviolability
of its borders.
2. The armed forces hold neutrality in political matters and are under the
civilian supervision.
Article 12.
The foreign policy of the Nagorno Karabakh Republic shall be conducted in
accordance with the principles and norms of international law.
Article 13.
The Nagorno Karabakh Republic guarantees the local self-government.
Article 14.
1.The Nagorno Karabakh Republic citizens within the territory of the Nagorno
Karabakh Republic and outside are under the protection of the Nagorno Karabakh
Republic.
2.The procedure of acquiring or ceasing of the Nagorno Karabakh Republic
citizenship is stipulated by law.
Article 15.
The state language of the Nagorno Karabakh Republic is Armenian.
The Nagorno Karabakh Republic guarantees the freedom of the use of other
languages spoken by the population.
Article 16.
1. The National Flag of the Nagorno Karabakh Republic is a tricolor with equal
upper-red, the middle-blue, and the lower-orange horizontal stripes with a
white five-toothed stepped pattern on the flag which begins from the two verges
of the cloth’s right side and is connected on one-third of the Flag. Law
stipulates the detailed description of the Flag.
2. Law defines the coat of arms and national anthem of the Nagorno Karabakh
Republic.
2. The capital of the Nagorno Karabakh Republic is Stepanakert.
Chapter II. Fundamental Human and Civil Rights and Freedoms and
Obligations
Article 17.
Human integrity is honored and defended by the State.
Article 18.
1. Everyone has the right to life.
2. No one can be convicted to capital punishment.
Article 19.
1. Everyone has the right to physical and spiritual inviolability.
2. No one may be subjected to torture or a degrading treatment or punishment
belittling his dignity. No one may be subjected to scientific, medical or other
forms of experimentation without his or her consent.
Article 20.
Everyone is free to do all that is not prohibited by the Constitution or the
laws and that it does not violate the rights and freedoms of others.
Article 21.
All are equal before the law.
Discrimination based on gender, race, color of skin, ethnic and social origins,
genetic characteristics, language, faith, political or other views, national
minorities, and propertied or other status, such as birth, disability, age or
any other individual and social nature is prohibited.
Article 22.
1. Everyone has the right to freedom.
2. The individual’s freedom can be suspended in the following cases when:
2.1) The individual has been convicted by a court of law;
2.2) The individual has failed to carry out the decision adopted by the
court;
2.3) To guarantee the promulgation of certain obligations stipulated by
law;
2.4) There is strong possibility to have committed a crime or when it is
indispensable for the individual’s commission of the crime or to stop his/her
flight after committing the crime;
2.5) To trust the upbringing of a juvenile under supervision or with the
purpose of presenting him/her to other authorized bodies;
2.6) With the purpose of preventing the spread of contagious diseases or mental
illness, alcoholism, narcotics addiction or to prevent threats to society from
vagabonds;
2.7) To prevent illegal aliens to the Nagorno Karabakh Republic, his/her
deportation or extradition to other states;
3. If the detained individual is not arrested by the decision of the court
within 72 hours after his detention he shall released from detention
immediately.
4. The incarcerated individual is informed in a plain language immediately of
the causes and in the case of pressing criminal charges also of the
arraignment. An individual identified by the detained person, according to
his/her wishes, is immediately notified.
5. Everyone has the right to challenge through legal means the charges that
have led to his arrest, detention and incarceration.
6. Everyone in case of illegal arrest, detention and incarceration has the
right to reparation for damages.
7. No one can be deprived of freedom only when he or she is not capable to
carry out his or her citizenry legal responsibilities.
8. No one can be searched in any form or shape other than that stipulated by
law.
Article 23.
1. Everyone is entitled to the right to enjoy respect for his individual and
family life.
2. Information about the individual can be collected, stored, used or
disseminated in accordance with the law without his consent. The use of
information about the individual and its dissemination is prohibited if that
contradicts the information gathering objectives.
3. Everyone has the right to become acquainted with the information at the
disposal of state and local self-government bodies and demand their correction
or deletion.
4. Everyone has the right to confidentiality in his/her correspondence, telephone
conversations, mail, telegraph and other communication methods, which may only
be restricted by court order.
Article 24.
1. Everyone is entitled to privacy in his or her own dwelling
It is prohibited to enter a person’s dwelling against his or her own will with
the exception of cases stipulated by law.
2. The dwelling may only be searched within the limits of the law and order of
the court.
Article 25.
1. Every individual legally in the Nagorno Karabakh republic is entitled to
freedom of movement and choice of, with the exception of locations foreseen by
law.
2. Everyone has the right to leave the Nagorno Karabakh Republic.
3. Every citizen and foreign citizens with legal residence or otherwise in the
territory of the Nagorno Karabakh Republic are entitled to the right to return
to the Republic.
4. Foreign citizens and stateless citizens legally present in the territory of
the Nagorno Karabakh Republic may be expelled from the Republic only in the
cases as stipulated by law.
Article 26.
1. Everyone is entitled to freedom of thought, conscience, and religion.
2. The freedom to exercise one’s religion and beliefs may only be restricted on
the grounds prescribed by Article 52 of the Constitution.
3. The freedom of the activities of the religious organizations in accordance
with the laws is guaranteed.
Article 27.
1. Everyone has the right to freely express his or her opinion and is entitled
to freedom of speech, including the freedom to seek, receive and disseminate
information and ideas through any medium of information, regardless of state
borders.
2.No one shall be forced to retract or change his or her opinion.
3. Freedom of mass media outlets is guaranteed. The order of the activities of
the mass media outlets is set in accordance with the law.
4. The State guarantees the existence and activities of the public TV and
Radio.
Article 28.
Everyone is entitled to the right to submit petitions to the state and local
self-government bodies and officials and receive appropriate response within
set time limits.
Article 29.
1. Everyone has the right to form associations with other persons, among them
the right to form and join trade unions. Only law may restrict these rights for
those serving in the armed forces, the prosecutor’s office, law enforcement and
those serving in the national security agencies as well as the judges.
2. No one shall be forced to join an association.
3. The activities of the associations can only be suspended or prohibited as
prescribed by law and legal procedures.
Article 30.
1.Everyone has the right to form political parties with other persons and join
them. Only law may restrict these rights for those serving in the armed forces,
the prosecutor’s office, law enforcement and those serving in the national
security agencies as well as the judges.
2. No one shall be forced to join a party.
3. The activities of the associations can only be suspended or prohibited as
prescribed by law and by the decision of the Supreme Court.
Article 31.
1.Everyone is entitled to hold peaceful and unarmed meetings, rallies,
demonstrations and processions.
2. In cases prescribed by law gatherings are allowed with the prior
authorization.
Article 32.
1. Citizens who have reached eighteen years of age have the right to be elected
and participate in the referenda.
2. The law may grant the right to the non-citizens of the Nagorno Karabakh
Republic to be elected in the local self-government bodies.
3. Citizens found incompetent by the decision of the court or duly convicted of
a crime and serving a sentence cannot vote or to be elected.
4. Citizens have the right to be accepted for public service on common grounds
as prescribed by the law. Law stipulates the principles and organizational
order of public service.
Article 33.
1. Everyone has a right to determine in accordance with his views, the right to
property, use and inheritance of property obtained through legal
principles.
2. The right to property shall not violate the rights and freedoms of other
individuals or cause damage to the environment, and predominant public
interests.
3. Only courts can deprive the right to property in cases stipulated by
law.
4. Confiscation of property for the needs of society may occur only in
exceptional cases with prior full compensation on the basis of the law.
5. The citizens of other countries and stateless individuals shall not have the
right to land ownership with the exception of cases prescribed by the
law.
Article 34.
1. Every individual is entitled to free choice of employment.
2. Everyone is entitled to a just wage stipulated by the law no lower than the
minimum wage as well as the right to work conditions meeting safety and health
requirements.
3. Everyone has the right to engage in economic, among them entrepreneurial
activities not prohibited by law. This right can be limited by law for public
servants.
4. Employees have the right to strike to protect their economic, social and
labor interests.
5. The full-time employment for children up to 16 years of age is prohibited.
The terms of their acceptance for temporary jobs is stipulated by law.
6. Compulsory and mandatory work is prohibited.
Article 35.
1.Everyone has the right to daily and weekly rest as well as paid annual vacation
as stipulated by the law.
2. The law stipulates maximum work time, recess, vacation days and the length
of the annual paid vacation.
Article 36.
1 .Everyone has the right to live in a favourable surrounding
environments.
2.Everyone has the right to receive information about the conditions of
surrounding environments.
Article 37.
Everyone is entitled to an adequate standard of living for him/her and his/her
family.
Article 38.
1. Family is the natural and fundamental basis of society.
2.Women and men enjoy the right to marriage and the ability to form a family.
In the course of marriage and in the course of divorce they enjoy equal
rights.
2. Dismissal from work due to pregnancy is prohibited. Every working woman
during pregnancy and maternity or in the case of adopting a child has the right
to paid leave and care of the newborn.
3. Depriving an individual of parental rights or restrictions thereof can only
be carried out by the decision of the courts as stipulated by law.
Article 39.
Everyone has the right to social security in the event of motherhood, many
children, old age, disability, sickness, and loss of breadwinner, unemployment
and in other cases provided by the social security rights. The limits and forms
of social security are stipulated by law.
Article 40.
1. Everyone has the right to preserve his/her health.
2.Everyone has the right to receive medical care and services as stipulated by
law.
3. Everyone has the right to receive basic medical services free of charge. The
list of such services and their provisions are stipulated by law.
Article 41.
1. Everyone has the right to education.
2. Basic general education is compulsory with the exception of the cases
prescribed by law. The law shall stipulate the higher education
standards.
3. Secondary education shall be free of charge in state educational
institutions.
4. Every citizen has the right on a competitive basis to receive higher and
other specialized forms of education free of charge as stipulated by law.
5. In the cases as stipulated by law the state provide financial and other
assistance to higher and other specialized education programs realized
educational institutions, as well as the students studying there.
6. The self-governance principles of the higher academic institutions are
stipulated by law.
7. The establishment and operation of academic institutions shall be stipulated
by law.
Article 42.
1. Everyone has the right to freedom of literary, artistic, scientific and
technical creation and freedom of teaching.
2. Intellectual property is protected by law.
Article 43.
1. Everyone has the right to the preservation of his or her national, ethnic
identity.
2. Individuals [Citizens] belonging to national minorities have the right to
preserve and develop their language and culture.
Article 44.
1. Everyone has the right to judicial protection of his rights and freedoms in
court.
2. Everyone, for the protection of his or her rights and freedoms is entitled
to receive the assistance of the Ombudsman as stipulated by law.
3. Everyone has the right to defend his or her rights and freedoms by all means
not otherwise prohibited by law.
4. Everyone, for the protection of his or her rights and freedoms is entitled
to appeal to the international bodies for the protection of human rights and
freedoms.
Article 45.
.
1. Everyone has the right to the public hearing of his or her case by an
independent and impartial court maintaining all requirements of justice under
conditions of equality and fair deadline.
2. The participation of news media and representatives of society during all or
part of a judicial examination may be prohibited by law in consideration of the
protraction of the interests of the parties’ personal and family life,
interests of the juveniles, public order, state security, public mores or and
justice.
Article 46.
1. Everyone has the right to receive legal assistance.
2. Everyone is entitled to defense council from the moment of arrest, detention
or the presentation of charges.
3. The accused that are unable to pay for legal defense as well as in the cases
prescribed by law, the state will render assistance at the expense of the state
budget.
Article 47.
1. No one shall be compelled to be a witness against his or her spouse or
relatives. The law may stipulate guidelines to relieve from such duties in
other cases.
2. The use of illegally obtained evidence is prohibited.
Article 48.
1. A person accused of a crime shall be presumed innocent until proven guilty
in a manner prescribed by law and by a court sentence properly entered into
force.
2. The accused is not obligated to prove his or her innocence. Suspicions,
which have not been disproved, are interpreted to the benefit of the
accused.
3. The damages sustained by the plaintiff are determined as prescribed by
law.
Article 49.
1. A person cannot be found guilty for a crime if at the time of the act it was
not considered a crime by law in existence.
2. No individual can be tried twice for the same crime.
3. A punishment may not exceed that which could have been met by the law in
effect when the crime was committed.
4. Laws removing or mitigating the punishment shall have retroactive
effects.
Article 50.
1. Everyone who has been convicted has a right of review of the decision by a
higher court as provided by law.
2. Everyone who has been convicted has a right to request a pardon or
mitigation of the designated punishment.
Article 51.
Laws limiting or increasing liability, and those worsening the individual’s
legal condition and other legal acts shall not have retroactive effect.
Article 52.
The fundamental human and civil rights and freedoms established under Articles
23-25,27-31, parts 1 and 2 of Article 32, and part 4 of Article 34 of the
Constitution may be restricted by law, if rendered necessary and measured for
the state and public security, public order, public health and morality, and
the rights, freedoms, honor and reputation of others.
Article 53.
Fundamental human and citizens rights and freedoms, with the exception of those
mentioned in the Articles 17-21,26, and 44-50 of the Constitution, may be
temporarily restricted in the event of war and critical circumstances.
Article 54.
The restrictions of the fundamental human and civil rights and freedoms may not
distort the nature of those rights and freedoms.
Article 55.
1. Everyone shall uphold the Constitution and the laws, and respect the rights
and freedoms of others.
2. It is prohibited to use rights and freedoms with the purpose of forcefully
overthrowing constitutional rule, inciting national, racial or religious
hatred, with the purpose of advocating violence and war.
3. No one can be compelled to assume responsibilities, which are not prescribed,
by the Constitution or the law.
Article 56.
Everyone shall pay taxes, duties, and make other mandatory payments in amounts
and manners stipulated by law.
Article 57.
Every citizen is obligated as provided by law to participate in the defense of
the Nagorno Karabakh Republic.
Article 58.
Everyone is obligated to protect the historic and cultural monuments.
Article 59.
The fundamental rights, freedoms and obligations reserved in under this Chapter
extend also to the members of the judiciary to the extent that those rights,
freedoms, and duties are employable in their regard.
Article 60.
The state’s basic issues in the economic, social and cultural spheres
are:
1. To defend and support the family, motherhood and childhood.
2. Assist large families.
3. Manifest special care for the disabled freedom fighters, and the families of
the martyred freedom fighters.
4. Contribute to the population’s employment and improvement of the work
conditions.
5. Boost the construction of residential dwellings, and contribute to the
improvement of residential conditions of the citizens.
6. To realize program geared toward sustaining the health of the population, by
contributing to the creation of efficient and affordable medical services.
7. Employ programs for the treatment of the disabled and enhance their
participation in social life.
8. Promulgate the development of physical education and sports.
9. Contribute to the participation of the youth in the country’s political,
economic and cultural life.
10. Contribute to free higher education and the development of other
professional education.
11. Contribute the development of science and culture.
12. Develop a policy guarantying the environmental security of the present and
future generations.
13. Protect and restore historical-cultural monuments.
14. Contribute to the strengthening of relations with the Armenian
Diaspora.
15. Contribute to the national and international values and their
communication.
16. Guarantee dignified living conditions for the elderly.
The state is obligated within the limits of its resources undertake measure
towards the realization of all the issues listed in this article.
Chapter III. The President of the Republic
Article 61.
1.The President of the Republic is the head of the state.
2. The President of the Republic oversees the adherence to the Constitution,
ensures the normal functioning of the legislative, executive and judicial
bodies.
3. The President of the Nagorno Karabakh Republic is the guarantor of the
sovereignty, independence and territorial integrity and security of the Nagorno
Karabakh Republic.
Article 62.
1. The President of the Republic shall be elected by the citizens of the
Nagorno-Karbakh Republic for a five-year term of office.
2. Every person having attained the age of thirty five, having been a citizen
of the Nagorno Karabakh Republic for the preceding ten years, having resided
permanently in the Republic for the preceding ten years and having the right to
vote is eligible for the Presidency.
3. The same person may not be elected for the post of the President of the
Republic for more than two consecutive terms.
Article 63.
1. The President of the Republic is elected in accordance with the procedures
set by the Constitution and the laws. Election of the President of the Republic
shall be held fifty days prior to the expiration of the term of office of the
President in office.
2. The candidate who receives more than half of the votes cast for the presidential
candidates shall be considered as having been elected President of the
Republic.
3. If the election involved more than two candidates and none received the
necessary votes, a second round of elections shall be held on the fourteenth
day following the first round of the election, at which time the two candidates
having received the highest number of votes in the first round shall
participate. The candidate who receives the highest number of votes during the
second round shall be considered to have been elected the President of the
Republic.
4. In the event only one candidate is presented, the candidate shall be
considered as having been elected if he or she has received more than half of
the votes cast.
5. If the Supreme Court entertains a case in regard to the outcome of the
presidential elections of the Republic, then it has to render a decision within
ten days from the date of the filing of the petition. The deadlines set by this
Article include the moment in which the decision of the Supreme Court has taken
into effect.
6. If a President of the Republic is not elected, there shall be new elections
on the fortieth day after the first round of elections.
7. The President-elect of the Republic shall assume office on the day when the
term of the previous President expires.
8. A President who shall be elected by new or extraordinary elections shall
assume office within twenty days after official publication of election
results. .
Article 64.
1. In the event that one of the presidential candidates faces insurmountable
obstacles, the presidential elections shall be postponed by two weeks. If
during this period obstacle recognized as insurmountable are not alleviated,
new elections shall be held, and the votes are taken on the fortieth day after
the expiration of the two-week deadline.
2. In the event of the passing of one of the presidential candidates, new
elections are set in a three-day period, and the votes are taken on the
fortieth day of after setting the date of the new elections.
Article 65.
In the event of the resignation, death, incapacity to perform of his or her
functions of the President of the Republic or removal from office in accordance
with the provisions of Article 71 of the Constitution, special presidential
elections shall be held on the fortieth day following the vacancy of the
office.
Article 66.
During a period of war and special circumstances, no Presidential elections are
held, and the President of the Republic shall continue his/her mandate until
the President elected upon the conclusion of the war or extraordinary situation
takes office. In this case the election of the President of the Republic shall
take place on the ninetieth day of conclusion of the war or extraordinary
situation and the President-elect assumes office on the twentieth day after the
official publication of the election results, or if the Supreme Court takes a
petition for court hearing, on the twentieth day after the Court decision comes
to force.
Article 67.
The President of the Republic shall assume office in accordance with the
provisions of the law, by pledging the following oath to the people during a
special sitting of the National Assembly: "By assuming the office of the
President of the Nagorno Karabakh Republic, I pledge to unwaveringly carry out
the requirements of the Constitution, honor human and civil rights and freedoms
of the citizens, guarantee the sovereignty, independence, territorial integrity
and security of the Republic to the glory of the Nagorno Karabakh Republic and
in the name of the welfare of our people.”
Article 68.
The President of the Republic
1. Shall address the people and the National Assembly;
2. Shall sign and promulgate within thirty days of receipt, laws passed by the
National Assembly. During this period, the President may remand a law to the
National Assembly with objections and recommendations requesting new
deliberations. The President shall sign and promulgate into law upon receipt
within a five days of the second passing of such law by the National
Assembly;
3. May in cases stipulated by the Constitution and procedures the president of
the National dissolve the National Assembly and designate special;
4. In accordance with Article 100 of the Constitution shall appoint the Prime
Minister. At the recommendation of the Prime Minister shall appoint or remove
other members of the government.
In consultation with the President of the National Assembly and the leaders of
the parliamentary factions may remove the Prime Minister. In the events of
removal or resignation of the Prime Minister, if the National Assembly adopts a
vote of no confidence against the Government, if the position of the Prime
Minister remains vacant , the President shall accept the resignation of the
government;
5. Shall recommend to the National Assembly nominees for the presidency of the
Supreme Court and other courts. In accordance with the provisions of the
Article 116 of the Constitution, the President shall appoint the presidents of
the appellate courts, courts of first instance, other courts stipulated by law
and other judges. He shall terminate the powers of the judges, grants
permission to bring legal charges against the judges,to incarcerate him/her and
subject him/her to administrative accountability;
6. Proposes to the National Assembly a nominee for the Prosecutor General. At
the recommendation of the Prosecutor General, it appoints and dismisses the
Deputy Prosecutor Generals;
7. Proposes to the National Assembly a nominee for the presidency of the Oversight
Chamber;
8. Appoints the two advisory members of the Judicial Council;
9. Makes appointments of the state officials as stipulated by law;
10. Forms and presides over the National Security Council, and may also form
other consultative bodies;
11. Shall represent the Nagorno Karabakh Republic in international relations,
conducts and oversees the general course of the foreign policy, signs
international treaties, presents international agreements to the National
Assembly for ratification, confirms, suspends or halts the ratification of
international agreements not requiring ratification;
12. Shall appoint and recall the diplomatic representatives of the Nagorno
Karabakh Republic to foreign countries and international organizations, and
receive the credentials and letters of recall of diplomatic representatives of
foreign countries and international organizations;
13. Is the Commander-in-Chief of the armed forces and coordinates the
activities of the state officials in the sphere of defense. Appoints and
dismisses the supreme command of the armed forces and other forces;
14. In the event of an armed attack against or an imminent danger to the
Republic, or a declaration of war, declares martial law and may call for a
general or partial mobilization; and makes a decision on the use of the armed
forces.
In the event of the use of the armed forces or upon the declaration of martial
law, a special session of the National Assembly shall be held;
15. In the event of natural tragedies or other special circumstances, as well
as an imminent danger to the constitutional order, upon consultation with the
president of the National Assembly
and the Prime Minster, shall take measures appropriate to the situation and
address the people on that subject; if necessary declares state of
emergency.
Upon the declaration of state of emergency by law convenes a special session of
the National Assembly;
Legal status of the state of emergency is set by law.
16. Shall grant citizenship of the Nagorno Karabakh Republic and decide on
granting political asylum as stipulated by law;
17. Shall award the orders and medals of the Nagorno Karabakh Republic and
grant the highest military and honorary titles and diplomatic and other
titles;
18. May grant amnesty to convicts.
Article 69.
The president of the Republic may issue decrees and orders.
Article 70.
The President of the Republic enjoys immunity. The President of the Republic
during his/her term of office and then after cannot be subject to persecution
and be held accountable for his/her acts as President. The President of the
Republic can be held accountable for acts unrelated to his/her position upon
the expiration of his/her term of office.
Article 71.
1.The President of the Republic may be removed from office for state treason or
other high crimes.
2. In order to request a determination on questions pertaining to the removal
of the President of the Republic from office, the National Assembly shall
appeal to the Supreme Court by a resolution adopted by the simple majority of
the members of the National Assembly.
3.A decision to remove the President of the Republic shall be determined by the
National Assembly by at least two thirds of votes of the total number of its
members based on the determination of the Supreme Court.
In the event that the determination of the Supreme Court to remove the
President of the Republic from office is inconclusive, then the issue is
removed from the agenda of the National Assembly.
Article 72.
The President of the Republic presents his resignation to the National
Assembly. In ten days from the date of the submission of the resignation of the
President of the Republic it is considered accepted, and in accordance with the
provisions and deadlines set by the Constitution special elections are
held.
Article 73.
In the event of the serious illness of the President of the Republic or of
insurmountable obstacles affecting the performance of his/her duties, upon the
recommendation of the Government and a determination by the Supreme Court, the
National Assembly shall adopt a resolution on the incapacity of the President
of the Republic to exercise his/her duties with a minimum two-thirds majority
vote of the total number of its members.
In the event that the determination of the Supreme Court of the incapacity of
the President to perform his duties is inconclusive, then the government can
not appeal to the National Assembly with such a recommendation.
Article 74.
In the event that the office of the President of the Republic remains vacant
and until a newly elected President assumes office the presidential duties
shall devolve onto the President of the National Assembly, and if that is not
possible, onto the Prime Minister. During this period it is prohibited to
dissolve the National Assembly, call a referendum, and appoint or remove the
Prosecutor General, supreme command of the armed forces or other forces, as
stipulated by law make appointments to the law enforcement and national
security bodies, as well as also implement points 12, 17, 18, of the Article 68
of the Constitution.
Article 75
1. The President of the Republic forms his/her staff.
2. The compensation, servicing and security of the President of the Republic
shall be determined by law.
Chapter IV. The National Assembly
Article 76.
1. Legislative power in the Nagorno Karabakh Republic shall be vested in the
National Assembly.
2. Under the cases provided by Article 68, points 14 and 15, Articles 71, 73,
3rd provision of this Article, Articles 80, 81,83, 84, 85, 89, 90, 92, 93,
sub-sections 1.1 , 1.2 and 1.4 of point 1 and point 2 of Article 94; Articles
95, 97,100; point 2.2 of Article 114, cases provided in Articles 133, 134, 135
for the purposes of organizing its own activities, the National Assembly shall
adopt resolutions, that are signed and publicized by the President of the
National Assembly.
3.The National Assembly may issue addresses or statements.
4.The powers of the National Assembly are stipulated by the Constitution.
5. The functions of the National Assembly, formation of its bodies and their
activity are determined by the Constitution and the By-laws of the National
Assembly.
Article 77.
1. The number of the members of the National Assembly is determined by law.
2. The National Assembly is elected for a five-year term. The authority of the
National Assembly shall expire in the year following its fifth term on the
opening day of the first session of the newly elected National Assembly, when
the newly elected National Assembly shall assume its powers.
3. The National Assembly holds elections upon the expiration of its powers no
sooner than forty days and no later than thirty days.
The National Assembly special elections are held upon the dissolution of the Natinoal
Assembly no sooner than thirty days and no later than forty days.
4.The National Assembly may not be dissolved during a war or state of emergency
as well as when the removal of the President of the Republic from office is
being deliberated.
5. In the event of war or state of emergency, the term of office of the
National Assembly is extended until the conclusion of the war or state of
emergency, when the newly elected National Assembly holds its first session. In
that case the election of the new National Assembly is held after the
termination of the war or state of emergency no sooner than seventy days and no
later than hundred days.
6. The election of the National Assembly is set by the decree of the President
of the Republic.
7. The election of the National Assembly is stipulated by the
Constitution.
Article 78.
Any person having attained the age of twenty-three, having been a citizen of
the Nagorno Karabakh Republic for the preceding five years, having permanently
settled in the Republic and eligible to vote, may be elected as a member of the
National Assembly.
Article 79.
1. A member of the National Assembly may not hold any other public office or
local self-governing bodies or trade organizations, be engaged
entrepreneurship, nor engage in any other paid occupation, except scientific,
educational and creative work. A member of the National Assembly exercise
his/her powers on a permanent basis,
2. A member of the National Assembly is not bound by any imperative
mandates.
3. The powers of the member of the National Assembly, guarantees of his or her
activities stipulated by the Constitution and laws.
Article 80.
1. A member of the National Assembly during the term of his/her power and then
after cannot be persecuted and be subject to liability for activities emanating
from his/her or her status, including for an opinion expressed in the National
Assembly, if it does not contain slander or insult.
2. A member of the National Assembly shall not be arrested and be subjected to
administrative or criminal liability through judicial procedure without the
consent of the National Assembly.
3. A member of the National Assembly shall not be arrested without the consent
of the National Assembly, except in the cases, when his/her arrest is carried
out in the course of the commission of a crime or immediately afterward. In
these cases the president of the National Assembly is immediately
notified.
Article 81.
1. The powers of the member of the National Assembly terminate on the expiration
of the term of the powers of the National Assembly, the dispersal of the
National Assembly, a violation of the terms of the part 1 of Article 79 of the
Constitution, invalid absence from more than half of the votes taken during one
session, resignation, loss of the Nagorno Karabakh Republic citizenship,
conviction for a crime resulting in imprisonment, a finding of incompetence
declared legally by the court, declared absent, and death.
2. The powers of a member of the National Assembly shall be terminated in a
manner prescribed by the rules of procedure of the National Assembly.
Article 82.
1. The first session of the newly elected National Assembly is convened on the
second Thursday following the election of at least two-thirds of the overall number
of delegates.
2. Prior to the election of the president of the National Assembly, the member
most senior in age
runs its meetings.
Article 83.
1.The National Assembly with the majority of the votes elects the president of
the National Assembly and his/her deputy.
2. The president of the National Assembly runs the sessions, determines the
financial resources of the National Assembly, and secures its normal
activities.
Article 84.
1.Standing committees are established for the preliminary examination of draft
legislation and other proposals for the consideration of the National
Assembly
2. If necessary, ad-hoc committees may be established in a manner prescribed by
the rules of procedure of the National Assembly for the preliminary examination
of draft legislation and other proposals for the submission of findings and
reports on specific events and facts to the National Assembly.
Article 85.
1. The regular sessions of the National Assembly shall be convened twice per
year from September-December, and February-June as prescribed by the rules of
procedure of the National Assembly.
2. The sessions of the National Assembly are valid/official if the required
number of its members are present for the resolution of the given issue.
3. The sessions of the National Assembly shall be open to public. Closed-door
sessions may be convened by a resolution of the National Assembly.
Article 86.
An extraordinary term or session of the National Assembly may be convened by
the president of the National Assembly, the President of the Republic, at the
initiative at least one-third of the total number of its members or by the
government in accordance with the agenda and timetable of the initiator.
Article 87.
Laws and resolutions of the National Assembly, with the exception of cases
stipulated by the Constitution, shall be passed by the majority vote of the
participating members but no less than the two-fifth of total number of
members.
Article 88.
1. The National Assembly deliberates on the law remanded by the President of
the Republic in an extraordinary session.
2. In the event that the National Assembly does not accept the comments and
recommendations of the President of the Republic, the remanded law is accepted
with the simple majority of the total number of its members.
Article 89.
1. Within thirty days of the formation of a newly elected National Assembly or
after its formation, the Government shall present its program to the National
Assembly for its approval, thus raising the question of a vote of confidence
before the National Assembly.
2. A draft resolution expressing a vote of no confidence toward the Government
may be proposed within twenty-four hours of the Government’s raising of the
question of the vote of confidence by not less than one-third of the total
number of the members of the National Assembly. The proposal for a vote of no
confidence shall be voted on no sooner than forty-eight hours and no later than
seventy-two hours from its initial submittal. The proposal must be passed by a
majority vote of the total number of the members of the National
Assembly.
3. If a vote of no confidence toward the Government is proposed, or such
proposal is not passed, the Government’s program shall be considered to have
been approved by the National Assembly.
4. If a vote of no confidence is passed, the Prime Minister shall submit the
resignation of the Government to the President of the Republic.
Article 90.
1. The right to initiate legislation in the National Assembly shall belong to
the President of the Republic, its members and the Government.
2. The Government shall stipulate the sequence for debate of its proposed draft
legislation and may request that they be voted on only with amendments
acceptable to it.
3. Any draft legislation deemed urgent by the Government resolution shall be
debated and voted on by the National Assembly within a sixty day period.
4. National Assembly shall consider all draft legislation reducing state
revenues or increasing state expenditures by a majority vote in accordance with
the Government proposal.
5. The Government may raise the question of a vote of confidence in conjunction
with its proposed legislation. If the National Assembly does not adopt a
resolution of no confidence against the Government as provided by the part 2 of
Article 89 of the Constitution, then the Government’s proposed legislation will
be considered to have been adopted. In the event that a vote of no confidence
is adopted, the Prime Minister submits a petition to the President of the
Republic for the resignation of the Government.
6. The Government can submit a question of confidence in conjunction with
legislation during the same term of the National Assembly no more than
twice.
Article 91.
1. The National Assembly shall adopt the state budget upon its submittal by the
Government. If the budget is not adopted by the start of the fiscal year, all
expenditures shall be incurred in the same proportions as in the previous
fiscal year’s budget.
2. The procedure for debate on and adoption of the State budget shall be
prescribed by by-laws of the National Assembly.
Article 92.
1.The National Assembly shall oversee the implementation of the State budget,
as well as of the use of loans and credits received from foreign governments
and international organizations.
2.The National Assembly shall examine the annual report on the realization of
the state budget and adopt the report based on the findings of the National
Assembly’s Oversight Chamber.
Article 93.
1. The members of the National Assembly have the right to direct questions to
the government. For one session each week during the regular sessions of the
National Assembly, the Prime Minister and other members of the Government shall
answer questions raised by members of the National Assembly. The National
Assembly shall not pass any resolution in conjunction with the questions raised
by its members.
2. The factions and blocs of the National Assembly have the right to question
the Government. The questions are presented in writing at least ten days before
debate. The procedure for debate on and adoption of the resolutions are
stipulated by the By-laws of the National Assembly.
Article 94.
1. The National Assembly, upon the recommendation of the President of the
Republic:
1.1. Shall approve the candidacy of the Prime Minister in a manner prescribed
by Article 100 of the Constitution
1.2. May declare amnesty;
1.3 Shall ratify, revoke or suspend the international agreements signed by the
Nagorno Karabakh Republic. Law shall stipulate the range of international
treaties subject to ratification by the National Assembly.
1.4.May adopt a resolution on declaring a war or proclaiming peace. In the
event that a session of the National Assembly is impossible to convene, the
decision to declare war is reserved to the President of the Republic.
1.5. The National Assembly may terminate the use of the armed forces, martial
law and state of emergencies.
Article 95.
1. The National Assembly, upon the recommendation of the President of the
Republic, shall appoint:
1.1. The President of the Supreme Court and other judges.
1.2. Prosecutor General.
1.3.Chairman of the National Assembly’s Oversight Chamber.
2. The National Assembly appoints the Ombudsman, two members of the Judicial
Council.
Article 96.
The National Assembly, upon the recommendation of the Government, shall
determine the administrative-territorial divisions, designations and boundaries
of the Republic.
Article 97.
1. The National Assembly may adopt by a majority vote of no confidence towards
the Government. The National Assembly shall not exercise that right in the
event of war or the cases stipulated in point 15 of Article 70 of the
Constitution.
2. A proposal of a resolution of no confidence towards the Government shall be
presented by the vote of the one-third of the total number of the members of
the National Assembly. The decision to adopt the resolution shall be put on
vote no sooner than forty-eight and no later than seventy-two hours from the
time of its presentation.
Article 98
1. The President of the Republic may dissolve the National Assembly in cases
prescribed by Article 100 of the Constitution.
2. The President of the Republic may dissolve the National Assembly, upon the
recommendation of the President of the National Assembly or Prime Minister,
if;
2.1. during the 60 days of the regular sitting National Assembly passes no
resolution on a draft law that has been considered urgent by a Government
decision;
2.2. during the 60 days of the regular sitting National Assembly passes no
resolutions on issues being debated in the National Assembly;
2.3. during the regular sitting National Assembly doesn’t convene sessions for
more than 60 days.
Chapter V. The Government
Article 99.
1. Executive power in the Nagorno Karabakh Republic shall be vested in the
Government of the Nagorno Karabakh Republic.
2. All the issues subject to state governance, which are not reserved to other
State and local self-governing bodies by law, fall under the jurisdiction of
the Government.
3. The Government shall be composed of the Prime Minister, Deputy Prime
Minister, and the Ministers.
4. The structure of the Government, at the recommendation of the Government
shall be stipulated by law. The structure and rules of operation of all other
bodies and their mode of activities is presented by the Prime Minister and
determined by a decree of the President of the Republic.
5. The Government adopts resolutions that are signed and publicized by the
Prime Minister.
Article 100.
1.Prime Minister is appointed and the Government formed by the President of the
Republic in the following order.
1.1) The President of the Republic shall present the candidacy of the Prime
Minister for the National Assembly’s approval after assuming the post of he
President of the Republic, or receiving the resignation of the Government or
dissolving the National Assembly in cases mentioned in this Article within ten
days after the first session of the newly-elected National Assembly;
1.2) The National Assembly debates the candidacy of the P rime Minister
recommend by the President within five days;
1.3) Within a three day period the President appoints the Prime Minister whose
candidacy has been approved by the majority vote of the total number of
Deputies of the National Assembly. Upon the recommendation of the Prime
Minister within twenty days the President appoints other members of the
Government. By the procedure set forth in Article 89 of the Constitution, the
National Assembly approves the Program of activities of the Government:
1.4) by the procedure set forth in the 1.3 sub-point of point 1 of this Article
in cases whereby the National Assembly doesn’t approve the candidacy of the
Prime Minister or the Program of activities submitted by the Government formed
at the recommendation of the Prime Minister, the President of the Republic
presents the candidacy of the Prime Minister to the national assembly’s
approval for the second time within seven days period;
1.5) In cases, when by the procedure set forth in the 1.3 sub-point of point 1
of this Article in the National Assembly doesn’t approve the candidacy of the
Prime Minister for the s
