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 хорошие новости дня новости кавказа бесплатно
