Latest update: 14/09/2019
President of the ARTSAKH REPUBLIC
Bako S. Sahakyan
Home
/ President / Chapter from Constitution
 

 
Enter your E-mail address:
 

Chapter from Constitution

 

CONSTITUTION OF THE
ARTSAKH REPUBLIC

Chapter 4

The President of the Republic

 

 


Article 87. Status 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 be the head of the executive power.


Article 88. Term of Powers of and Requirements Set Forth for the President of the
Republic
1. The President of the Republic shall be elected for a term of five years.
2. The same person may not be elected as President of the Republic for more than two
terms.
3. The President of the Republic may not hold any other position, engage in
entrepreneurial activities or perform other paid work.


Article 89. Procedure and Terms for Electing the President of the Republic
1. The President of the Republic shall be elected in accordance with the procedure
prescribed by the Constitution and law. Regular elections of the President of the
Republic shall be held 50 days prior to the expiry of the powers of the President of the
Republic.
2. Candidate who has received more than half of the votes cast for the presidential
candidates shall be elected as President of the Republic.
3. If the election involved more than two candidates and none of them received more
than half of the votes cast for the presidential candidates, a second round of election
of the President of the Republic shall be held on the fourteenth day following the
voting. The two candidates, having received the highest number of votes, may
participate in the second round of election of the President of the Republic. In the
second round the candidate receiving the highest number of votes shall be elected as
President of the Republic.
4. The details related to the procedure of the elections of the President of the Republic
shall be prescribed by the Electoral Code.


Article 90. Extraordinary Elections of the President of the Republic and the National
Assembly
In the event of resignation, death, termination of powers or seeking non-confidence against
the President of the Republic, his/her removal from office as well as dissolution of the
National Assembly, an extraordinary elections of the President of the Republic and the
National Assembly shall be held.


Article 91. Assuming Office by the President of the Republic
The President of the Republic, in accordance with procedure prescribed by law, shall assume
office by taking the following oath to the people at a special sitting convened on the opening
day of the first session of the National Assembly: -Assuming the office of the President of
the Republic of Artsakh, I hereby swear to unwaveringly carry out the requirements of the
Constitution, respect human and citizens‘ rights and freedoms, guarantee the sovereignty,
independence, territorial integrity and security of the Republic to the glory of the Republic of
Artsakh and in the name of the welfare of the people of Artsakh.‖


Article 92. Immunity of the President of the Republic
1. The President of the Republic shall be immune.
2. During the term of his/her powers and thereafter, the President of the Republic may
not be prosecuted and subjected to liability for actions deriving from his/her status.
3. The President of the Republic may be subjected to liability for actions not related with
his/her status only after the expiry of the powers thereof.

Article 93. Functions of the President of the Republic
The President of the Republic:
1) shall administer the domestic and foreign policies of the State;
2) shall exercise general management of the bodies of the state administration
system;
3) shall define the structure and rules of operation of the Government and other
state bodies ;
4) shall appoint and dismiss the state minister and ministers;
5) shall administer state property and finances;
6) shall make appointments to the state positions, in cases prescribed by law;
7) may form advisory bodies;
8) shall represent the Republic of Artsakh in international relations, sign
international treaties, present international agreements to the National
Assembly for ratification and sign their ratification forms, approve, suspend or
revoke the international agreements not requiring ratification;
9) shall appoint and recall the diplomatic representatives of the Republic of
Artsakh to foreign countries and international organizations; receive the
credentials and letters of recall of diplomatic representatives of foreign states
and international organizations;
10) may issue decree on not holding elections and referendum during martial law;
11) may dissolve the National Assembly except for one-year period following the
opening of the first parliamentary session, in times of war and emergency as
well as when he/she, during martial law, has issued a decree on not holding
elections;
12) shall apply to the President of the National Assembly with a proposal to
convene a special session or sitting of the National Assembly;
13) shall submit the Draft State Budget to the National Assembly;
14) shall have the right to legislative initiative;
15) shall apply to the National Assembly with a recommendation of amnesty;
16) may deliver an address to the people and the National Assembly;
17) shall submit to the National Assembly an annual communication on the
implementation progress and results of his/her Program of previous year and
on the Program of following year;
18) shall propose to the National Assembly a candidate for the Prosecutor
General; at the recommendation of the Prosecutor General, shall appoint and
dismiss the Deputy Prosecutor Generals;
19) shall appoint one member-lawyer of the Supreme Judicial Council;
20) in the event of a natural disaster or other emergency situations, shall take
measures appropriate to the situation and address the people on that matter; if
necessary, shall declare state of emergency;
21) shall decorate with orders and medals of the Republic of Artsakh and confere
the highest military and honorary titles, the highest diplomatic and other class
ranks;
22) shall decide on the issue of granting pardon to convicts under the procedure
prescribed by law;
23) shall, in the cases and under the procedure prescribed by law, decide on issues
in respect of granting and terminating citizenship of the Republic of Artsakh;
24) shall adopt normative and individual legal acts: such as decrees and executive
orders.

Article 94. Powers of the President of the Republic in the Area of National Security
1. The President of the Republic of Artsakh shall be the guarantor of the sovereignty,
independence, territorial integrity and security of the Republic of Artsakh.
2. The President of the Republic shall be the Commander-in-Chief of the armed forces.
3. The President of the Republic shall appoint and dismiss the supreme command of the
armed forces and other troops.
4. In the area of national security, for the purpose of support to the implementation of
his/her functions, the President of the Republic shall form a consultative body adjunct
to him/her - the Security Council - and shall preside over it.

Article 95. Signature and Promulgation of Law
1. The President of the Republic shall sign and promulgate a law adopted by the
National Assembly within a period of twenty-one days
2. Within the same period the President of the Republic may remand the law passed by
the National Assembly to the latter with objections and recommendations requesting
new deliberations. The President of the Republic, within five days, shall sign and
promulgate the law that has been passed in the National Assembly for the second
time.

Article 96. Seeking Non-confidence Against the President of the Republic
1. The National Assembly may seek non-confidence against the President of the
Republic.
2. A draft decision of the National Assembly on seeking non-confidence against the
President of the Republic may be submitted by at least one third of the total number of
Deputies.
3. The draft decision of the National Assembly on seeking non-confidence against the
President of the Republic shall be put to vote not earlier than 48 and not later than 72
hours upon the submission thereof. The decision shall be adopted by majority of votes
of the total number of Deputies, by roll-call voting.
4. Non-confidence may be sought against the President of the Republic not earlier than
one year after his/her assumption of office. In case the draft decision of the National
Assembly on seeking non-confidence against the President of the Republic is not
adopted, such draft may be submitted not earlier than after one year.
5. In the event of the adoption of the decision on seeking non-confidence against the
President of the Republic the powers of the President of the Republic shall
discontinue.
6. A draft decision of the National Assembly on seeking non-confidence against the
President of the Republic may not be submitted or discussed during state of
emergency or martial law. A draft decision of the National Assembly on seeking nonconfidence against the President of the Republic may not be submitted or discussed
also if the President of the Republic, during martial law, has issued a decree on not
holding elections.

Article 97. Removal of the President of the Republic from Office
1. The President of the Republic may be removed from office for state treason or another
grave crime.
2. A draft decision of the National Assembly on removal of the President of the
Republic from office may be submitted by at least one third of the total number of
Deputies.
3. For the purpose of obtaining an opinion on the issue of removing the President of the
Republic from office, the National Assembly shall apply to the Supreme Court, upon
a decision adopted by majority of votes of the total number of Deputies.
4. The decision to remove the President of the Republic from office shall be adopted by
the National Assembly, on the basis of the opinion of the Supreme Court, by at least
two thirds of votes of the total number of Deputies.
5. A President of the Republic removed from the office may not participate in the
extraordinary elections.

Article 98. Resignation of the President of the Republic
The President of Republic shall submit his/her resignation to the National Assembly. The
resignation shall come into force within three days, upon publication thereof as prescribed by
law.

Article 99. Termination of Powers of the President of the Republic
In case of the violation of the requirements provided for by Paragraph 2 of Article 48 and
Paragraph 3 of Article 88 by the President of the Republic, his/her serious illness or other
insurmountable obstacles to the exercise of his/her powers, which result in lasting
impossibility of exercising his/her powers, the National Assembly shall, based on the opinion
of the Supreme Court, take a decision on the termination of the powers of the President of the
Republic by majority vote of the total number of Deputies.

Article 100. Temporary Exercise of the Powers of the President of the Republic
In case if the post of the President of the Republic is vacant before the newly-elected
President assumes the office the powers of the President of the Republic shall be exercised by
the Chairperson of the National Assembly. During the exercise of the powers of the President
of the Republic by the Chairperson of the National Assembly, the powers of the Chairperson
of the National Assembly shall be exercised by the Deputy Chairperson of the National
Assembly. During that period, it shall be prohibited to dissolve the National Assembly, call
for a referndum, apoint or remove the members of the Government and the supreme
command of the armed forces and other troops.

Article 101. Status and Functions of the Government
1. The Government shall be the collegial body of the executive power supporting the
implementation of the powers of the President of the Republic.
2. The Government shall, based on the Program of the President of the Republic and
under his/her leadership, develop and implement the domestic and foreign policies of
the State.
3. The powers of the Government shall be prescribed by the Constitution, laws and
decrees of the President of the Republic.

Article 102. Composition of the Government, Competences and Incompatibility
Requirenments Set Forth For the State Minister and Ministers
1. The Government shall be composed of the state minister and ministers.
2. The state minister shall coordinate the work of the ministers defined by the President
of the Republic.
3. Each minister shall independently manage the field of activities entrusted to the
ministry.
4. The state minister and ministers may not hold any position, not related to his/her
status, within state or local self-government bodies, or any position within
commercial organizations, engage in entrepreneurial activities or perform other paid
work, except for scientific, educational and creative work.

Article 103. Formation of the Government
1. Upon the assumption of the office by the President of the Republic, the members of
the Government shall continue to hold office till the formation of the new
Government.
2. The Government shall be formed within a period of twenty days following the
assumption of the office by the President of the Republic.
3. The President of the Republic shall promulgate the composition of the Government
upon the formation thereof.

Article 104. Programme of the President of the Republic
The President of the Republic shall, within a period of twenty days following the formation
of the Government, promulgate his/her Program.

Article 105. Sittings and Decisions of the Government
1. Sittings of the Government shall be convened and chaired by the President of the
Republic. Upon the authorization of the President of the Republic, the state minister
shall chair the sittings of the Government.
2. Decisions of the Government shall be signed by the President of the Republic.
3. The Government shall be competent to adopt secondary normative legal acts.

 

 

 

photo
 
 
photo
 
 
© 2007—2019 The Office of the NKR President
Made in ArattaDesign