Constitution

Armenia 1995 Constitution (reviewed 2015)

Table of Contents

CHAPTER 5. THE PRESIDENT OF THE REPUBLIC

Article 123. Status and Functions of the President of the Republic

  1. The President of the Republic shall be the head of the state.
  2. The President of the Republic shall observe compliance with the Constitution.
  3. In exercising his powers, the President of the Republic shall be impartial and shall be guided exclusively by state and national interests.
  4. The President of the Republic shall perform his functions through the powers stipulated by the Constitution.

Article 124. Term of Office of and Requirements on the President of the Republic

  1. The President of the Republic shall be elected for a seven-year term.
  2. Everyone who has attained the age of 40, has been a citizen of only the Republic of Armenia for the preceding six years, has permanently resided in the Republic of Armenia for the preceding six years, has voting right, and has a command of the Armenian language may be elected as President of the Republic.
  3. The same person may be elected as President of the Republic only once.
  4. The President of the Republic may not hold any other office, engage in entrepreneurial activities, or perform other paid work.
  5. During the term of exercising his powers, the President of the Republic may not be a member of any party.

Article 125. Election Procedure of the President of the Republic

  1. The President of the Republic shall be elected by the National Assembly.
  2. The regular election of the President of the Republic shall be held no earlier than 40 days and no later than 30 days before the end of the term of office of the President of the Republic.
  3. At least one quarter of the total number of parliamentarians shall have the right to nominate a candidate of the President of the Republic.
  4. The candidate who receives at least three quarters of the votes of the total number of parliamentarians shall be elected as President of the Republic. If a President of the Republic is not elected, a second round of the election shall be held, in which all the candidates that participated in the first round may participate. In the second round, the candidate who receives at least three fifths of the votes of the total number of parliamentarians shall be elected as President of the Republic. If a President of the Republic is not elected, a third round of the election shall be held, in which the two candidates that received the largest number of votes in the second round may participate. In the third round, the candidate who receives the majority of the votes of the total number of parliamentarians shall be elected as President of the Republic.
  5. If a President of the Republic is not elected, a new election of the President of the Republic shall be held within a 10-day period.
  6. The Rules of Procedure of the National Assembly shall stipulate the details of the procedure of electing the President of the Republic of Armenia.

Article 126. Extraordinary Election of the President of the Republic

In the event of the impeachment of the President of the Republic, impossibility to discharge his powers, or his resignation or death, an extraordinary election of the President of the Republic shall be held no earlier than 25 and no later than 35 days after the office of the President of the Republic has become vacant.

Article 127. The President of the Republic Assuming Office

  1. The President of the Republic shall assume office on the day on which the powers of the previous President of the Republic end.
  2. A President of the Republic elected through an extraordinary election shall assume office on the 10th day after being elected.
  3. The President of the Republic shall assume office by taking the following oath to the people at a special sitting of the National Assembly: “Assuming the office of the President of the Republic of Armenia, I swear to be faithful to the Constitution of the Republic of Armenia, to be impartial in the exercise of my powers, to follow only state and national interests, and to invest all of my strength for the fortification of national unity.”

Article 128. Address by the President of the Republic

The President of the Republic may deliver an address to the National Assembly on matters pertaining to his authority.

Article 129. The Signing and Publication of a Law

  1. The President of the Republic of Armenia shall sign and publish a law adopted by the National Assembly within a 21-day period or, within the same period, apply to the Constitutional Court with the question of determining the conformity of the law with the Constitution.
  2. If the Constitutional Court decides that the law is in conformity with the Constitution, then the President of the Republic shall sign and publish the law within a five-day period.
  3. If the President of the Republic does not fulfill the requirements stipulated by this Article, the Chairman of the National Assembly shall sign and publish the law within a five-day period.

Article 130. Accepting the Resignation of the Government

In the cases stipulated by Article 158 of the Constitution, the President of the Republic shall immediately accept the resignation of the Government.

Article 131. Changes in the Composition of the Government

The President of the Republic shall make changes in the composition of the Government by proposal of the Prime Minister.

Article 132. Powers of the President of the Republic in the Area of Foreign Policy

  1. The President of the Republic shall, in the cases and manner stipulated by law:
    1. Conclude international treaties by proposal of the Government;
    2. Appoint and recall diplomatic representatives in foreign states and international organizations by proposal of the Prime Minister; and
    3. Accept the letters of credence or letters of recall of diplomatic representatives of foreign states and international organizations.
  2. In the cases and manner stipulated by law, the President of the Republic shall, by proposal of the Government, approve, suspend, or renounce international treaties not requiring ratification.
  3. The President of the Republic shall, by proposal of the Prime Minister, award the highest diplomatic ranks in the cases and manner stipulated by law.

Article 133. Powers of the President of the Republic in the Area of Armed Forces

  1. By proposal of the Prime Minister, the President of the Republic shall, in the cases and manner stipulated by law, appoint and dismiss the supreme command of the armed forces and other troops.
  2. By proposal of the Prime Minister, the President of the Republic shall, in the cases and manner stipulated by law, award the highest military titles.

Article 134. Resolution of Issues Related to Citizenship

In the cases and manner stipulated by law, the President of the Republic shall resolve issues related to the granting and termination of citizenship of the Republic of Armenia.

Article 135. Granting Pardon

In the cases and manner stipulated by law, the President of the Republic shall resolve the issue of granting pardon to convicted persons.

Article 136. Decorating with Awards and Granting Honorary Titles

In the cases and manner stipulated by law, the President of the Republic shall decorate with orders and medals of the Republic of Armenia and grant honorary titles.

Article 137. Awarding the Highest Ranks

In the cases and manner stipulated by law, the President of the Republic shall award the highest ranks.

Article 138. Temporary Appointment of Officials

If the National Assembly fails, within a three-month period, to elect the respective officials in the manner stipulated by Paragraph 3 of Article 174, Paragraph 1 of Article 177, Paragraph 1 of Article 192, Paragraph 2 of Article 195, Paragraph 2 of Article 197, Paragraph 2 of Article 199, and Paragraph 1 of Article 201 of the Constitution, then the President of the Republic shall appoint temporary acting officials in the manner and based on the grounds stipulated by law until they are elected by the National Assembly.

Article 139. Orders and Decrees of the President of the Republic

  1. In exercising his powers, the President of the Republic shall issue orders and decrees.
  2. In the cases stipulated by Articles 131-137, Paragraph 3 of Article 155, and Paragraphs 3, 4, 6, and 7 of Article 166 of the Constitution, the President of the Republic may, within a three-day period, return the relevant act, together with his objections, to the body that made the proposal or submitted the motion. If the competent body does not accept the objection, the President of the Republic shall sign the relevant act or apply to the Constitutional Court.
  3. If President of the Republic does not fulfill the requirements stipulated by Paragraph 2 of this Article, the relevant act shall enter into force by virtue of law.

Article 140. Immunity of the President of the Republic

  1. The President of the Republic shall be immune.
  2. During and after the term of his office, the President of the Republic may not be prosecuted and held liable for actions stemming from his status.
  3. The President of the Republic may be held liable for actions not connected with his status only after the end of the term of his office.

Article 141. Impeachment of the President of the Republic

  1. The President of the Republic may be impeached for state treason, another grave crime, or for gravely breaching the Constitution.
  2. To obtain a conclusion on the existence of grounds for impeaching the President of the Republic, the National Assembly shall apply to the Constitutional Court by a decision adopted by majority vote of the total number of parliamentarians.
  3. The decision to impeach the President of the Republic shall be adopted by the National Assembly, on the basis of a conclusion of the Constitutional Court, by at least a two-thirds majority vote of the total number of parliamentarians.

Article 142. Resignation of the President of the Republic

The President of Republic shall present his resignation to the National Assembly. The resignation shall be deemed accepted from the moment of promulgating it in the manner stipulated by law.

Article 143. Impossibility for the President of the Republic to Discharge His Powers

In case of grave illness of the President of Republic or the existence of other insurmountable obstacles to the discharge of his powers, which enduringly render the discharge of such powers impossible, the Constitutional Court shall, based on an application of the Government, take a decision on the impossibility for the President of the Republic to discharge his powers.

Article 144. Temporary Discharge of Powers of the President of the Republic

In case of impeachment of the President of the Republic, the impossibility for the President to discharge his powers, or the resignation or death of the President, and before the newly-elected President of the Republic assumes office, the powers of the President of the Republic shall be discharged by the Chairman of the National Assembly.

Article 145. Support to the Activities of the President of the Republic

  1. The procedure of formation of the staff of the President of the Republic shall be stipulated by law. In the cases and manner stipulated by law, the President of the Republic shall make appointments to offices in the staff of the President of the Republic.
  2. The amount of remuneration and the procedure of provision of services and security to the President of the Republic shall be stipulated by law.