President of Armenia

The post of the President of Armenia was founded by the decision of Armenian SSR Supreme Council of May 3, 1990.[5]

On June 21, 1991, RA Supreme Council made a decision which determined that an election based on the common and equal electoral rights of the citizens of RA would take place before December 31 of 1991. On the basis of RA Supreme Council's decision of June 25, 1991, the elections of the President of the Republic of Armenia were scheduled to be held on Wednesday, October 16, 1991.

Armenia became an independent state on 21 September 1991 by the nationwide referendum. The first presidential election was held on 17 October 1991. Levon Ter-Petrosyan won the majority of the votes and became the first president of independent Armenia. He was reelected in 1996, however, he did not finish his second term as president and resigned in 1998. Robert Kocharyan followed him in the office until 2008. President Serzh Sargsyan was elected in February 2008 and reelected in February 2013 for the second term until 2018. A

The elections of the president are held according to the procedures defined by the Constitution and the law. The President of the Republic is elected by the citizens of the Republic of Armenia for a five-year term of office. Every person having attained the age of thirty-five, having been a citizen of the Republic of Armenia for the preceding ten years, having permanently resided in the Republic for the preceding ten years, and having the right to vote is eligible to be elected as President of the Republic. The same person cannot be elected for the post of the President of the Republic for more than two consecutive terms. The election of the President of the Republic is held fifty days prior to the expiration of his/her term of office according to the procedure defined by the Constitution and the law. The candidate who has received more than half of the votes is elected President of the Republic.

If the election involves more than two candidates and none of them receives the required number of votes, a second round of election is 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 who receives the highest number of votes is elected President of the Republic. If only one candidate runs for the election, he/she can be elected if he/she receives more than half of the votes of electors participated in the polls. If the President of the Republic is not elected, a new election is appointed and the voting is held on the fortieth day following the date of appointment of the new election. The President of the Republic takes office on the day when the term of office of the previous President expires. If The President of the Republic is elected by new or extraordinary elections, he/she shall take office on the twentieth day following the elections.

In case is insuperable obstacle for one of the candidates arise, the elections of the President of the Republic should be held off for two weeks. In case if the insuperable obstacles are not removed, new elections should be held upon end of the two-week term, on the fortieth day. In case of decease of one of the candidates before the elections day, new elections are held, and the voting takes place on the fortieth day after the appointment of the new election day.

If the president of the republic resigns, passes out, is incapable to perform his/her duties or is removed from office extraordinary elections are held on the fortieth day following the vacancy of the office of the President. During martial law or state emergency election of the president should not be held and the president in this case continues his/her responsibilities. The new election of the President of Republic is held fortieth day after the expiration of the term of the martial law or state of emergency [6]

The President of the Republic assumes his duties as stated in the law. In National Assembly’s special session the President should swear the following oath to the people "Assuming the office of the President of the Republic of Armenia I swear to fulfill the requirements of the Constitution in an unreserved manner, to respect fundamental human and civil rights and freedoms, to ensure the protection, independence, territorial integrity and security of the Republic to the glory of the Republic of Armenia and to the welfare of the people of the Republic of Armenia".[7]

According to the article 1 of Law[9] on the President of the Republic of Armenia adopted on August 1, 1991, the President is the head of the executive branch. However, this term ceased to exist in 2007. The President of the Republic should deliver addresses to the people and the National assembly.

The president of the Republic is the one who

• Represents the Republic of Armenia in international relations, carries out general guidance of foreign policy, concludes international agreements, forwards international agreements to the National Assembly for ratification, and signs their ratification instruments;
• Approves, suspends or annuls the international agreements for which no ratification is required;
• Appoints and recalls from office diplomatic representatives of the Republic of Armenia in foreign countries and international organizations.

The president appoints as prime minister the person enjoying the confidence of the majority of the Deputies. This is done on the basis of the distribution of the seats in the National Assembly and consultations held with the parliamentary factions. If the appointment of the Prime Minister according to the above-mentioned procedures is impossible, the President of the Republic can appoint as the Prime Minister the person enjoying the confidence of the maximum number of the Deputies. The Government is formed within 20 days after the appointment of the Prime Minister. Upon the recommendation of Prime Minister The President of the Republic can appoint and dismiss from office the members of the Government. He also may appoint one of the ministers as a deputy Prime Minister, with the suggestion of Prime Minister. President appoints state office positions, forms and presides over National Security Council, and may establish other advisory bodies if necessary.

The procedure for the organization of operations of the Government and other public administration bodies under the Government are defined by the decree of the president.[10] The president may cancel the action of governmental decision for one month and apply to Constitutional Court to deal with the problem. The president is the one who validates decisions of the government about appointing and rejecting governors. Governmental sessions on issues connected to external policy and national security are also initiated by the president. According to the article 111 of the constitution the president is the one who can call a referendum to make amendments in the Constitution of the Republic of Armenia[11]

The President of the Republic accepts the resignation of the Government only in one of the following days/cases:

1. When the first sitting of the newly elected National Assembly is held
2. When the President of the Republic assumes his/her office
3. When the National Assembly expresses no confidence in the Government
4. When the National Assembly does not give an approval to the Program of the Government.
5. When the Prime Minister resigns or when the office of Prime Minister remains vacant

After the acceptance of the resignation of the Government by the President of the Republic the members of the Government continue performing their responsibilities until the new Government is formed.

The President of the Republic is the Commander-in-Chief of the armed forces of the republic, who coordinates the operations of the government bodies in the area of defense, appoints and dismisses from office the highest commander of the armed forces and other troops. In the event of an armed attack against the Republic, an imminent danger or declaration of war, the president may declare a martial law, may call for a general or partial mobilization and decide on the use of the armed forces. During warfare he may appoint or dismiss from the office the Commander of the Armed Forces. The president is the one who awards the orders and medals of the Republic of Armenia, promotes to highest military ranks and awards honorary titles.

One of the unique powers given to the president of the republic by the Constitution is the power to declare a martial law. But in this case no new elections can be held in the republic, and so the power can be a subject of usurpation by the incumbent president, that is why the National Assembly reviews the case and decides whether the grounds presented by the president are sufficient for declaring the martial law or state of emergency. In the event of an imminent danger to the constitutional order, the president, after consulting with the Chairman of the National Assembly and the Prime Minister, declares a state of emergency and takes appropriate measures and addresses the people on the situation.

President of the republic plays a significant role in the formation of different independent agencies. He is the one who recommends to the National Assembly the candidacy of the Prosecutor General, the Chairman of the Central Bank and the Chairman of Control Chamber. Upon the recommendation of the Prosecutor General he appoints and/or dismisses the deputies of the Prosecutor General. He also appoints the Council of Control chamber upon the recommendation of the Chairman of Control chamber. The members of the Council of the Central Bank are also appointed by the president.

The president forms his/her staff according to the procedures defined by the law. His remuneration, servicing and security are also prescribed by the law.

The president resolves issues related to granting citizenship of the Republic of Armenia and political asylum. He also Promotes to highest diplomatic and other classification ranks.

The President of the Republic signs and promulgates the laws passed by the National Assembly. Within the period of twenty-one days he may remand the law passed by the National Assembly and return it in form of a letter, where he notes his objections and recommendations and requests new deliberations on the issue. After the recommendations and objections of the president are considered, he should, within five days, sign and promulgate the law readopted by the National Assembly. The president has the power to dissolve National Assembly[12] and hold extraordinary elections if the National Assembly does not give an approval to the program of the Government two times in succession within two months. The President of Republic may also dissolve the National Assembly upon the recommendation of the Chairman of the National Assembly or the Prime Minister in the following cases:

1. If the National Assembly fails within three months to resolve on the draft law that was considered to be urgent by the decision of the Government;
2. If in the course of a regular session no sittings of the National Assembly are convened within three months;
3. If in the course of a regular session the National Assembly fails, for more than three months, to adopt a resolution on issues under consideration.

President of the Republic also has the power to:

• Put a veto on the decision of the National Assembly to adopt a law;
• Initiate the amendment of the constitution.

According to the Law on Legal acts,[13] the President of the Republic of Armenia may adopt only regulatory or individual decrees or executive orders. Decrees and orders issued by the president cannot contradict the Constitution and laws of the Republic of Armenia and are subject to implementation throughout the territory of the Republic.

The president of the Republic of Armenia appoints 4 members of the Constitutional Court and, if the National Assembly fails to appoint the President of the Constitutional Court in the period prescribed in Article 83 Clause 1 of the Constitution,[14] appoints the President of the Constitutional Court from among the members of the Constitutional Court.

He may, on the basis of a conclusion of the Constitutional Court terminate the powers of any of his/her appointees in the Constitutional Court or give his consent to involve the member as an accused, detain him/her, authorize to institute a court proceeding to subject him/her to administrative liability. Upon the recommendation of the Council of Justice, the president appoints the presidents and the judges of the Court of Cassation and its chambers, the Court of Appeal, First Instance Court and specialized courts.

The president appoints two legal scholars as members of the Council of Justice. He can also grant pardon to convicted persons and suggest the National Assembly to declare an amnesty.

The President of the Republic of Armenia is the Supreme Commander of the Armed Forces. The President of the Republic of Armenia coordinates the activities of state bodies in the field of defense and states:

• the main directions of the military policy, including national security strategy and military doctrine,
• the structure of the Armed Forces,
• plans for the development of the Armed Forces of the other troops, the use of the armed forces, the deployment of the Armed Forces, mobilization plans of the Armed Forces, the Republican plan for civil defense,
• defence plan for operational equipment in the Republic of Armenia, the state program of development of the military–industrial complex, armaments and military equipment,
• lists of posts of senior commanders, senior officers of the positions and their respective officers of higher ranks of the Armed Forces and other troops;

He also appoints and dismisses the supreme command of the Armed Forces and other troops, confer the highest military ranks.

In the case of an armed attack on the Republic of Armenia, in the presence of his immediate threat or a declaration of war declares martial law, the president decides on the use of the armed forces and can declare general or partial mobilization. Besides he can appoint and dismiss Commander of the Armed Forces during the war.

The president decides the participation of Armed Forces in peacekeeping or military operations outside the territory of the Republic of Armenia in accordance with international treaties of the Republic of Armenia.

President publishes a decree on compulsory military service and demobilization and carries out other statutory powers in the field of defense.[15]

The general management of the armed forces is implemented by the President of Republic of Armenia as the Supreme Commander of the Armed Forces. But If the president does not have a parliamentary majority or parliamentary political vector is contrary to the president, the president actually does not have rights, bring his decisions to life.

Direct management of the Armed Forces is realized by the minister of defense of the Republic of Armenia, which organizes and controls the activities of the Armed Forces and other agencies and organizations within the system of the Ministry of Defence of the Republic of Armenia.

The management of the Armed Forces is exercised by the Chief of the General Staff, which is the highest military officer of the Armed Forces.[15]

The president declares martial law in a case of an armed attack, an imminent danger thereof or declaration of war by the National Assembly of the RA. After declaring martial law the National Assembly of the RA convenes a special session.

The content of the declaration of Martial Law should include the circumstances that justify the declaration, the justification for the need to declare martial law, the borders of a territory where martial law is declared, forces and means of ensuring the legal regime of martial law, the period of martial law, the date of entry into force of martial law, measures of civil protections and the list of additional commitments that should be done by the citizens of RA and foreign countries, stateless persons and organizations. Simultaneously with or after the declaration of martial law, the President can declare general or partial mobilization, as well as a decision to use the armed forces of the Republic of Armenia. Decree of the President to declare martial law is subject to immediate publication on television, radio and the press.

If the Martial Law is declared no elections are held and the National Assembly cannot be dissolved. The President of the Republic of Armenia and the National Assembly shall exercise their powers under martial law for the entire period.

The President manages the process to ensure the legal regime of martial law. In accordance with “Legal Regime of Martial Law” law, the President establishes the legal regime of martial law, providing for temporary measures and restrictions, the legal regime of martial law ensuring bodies and powers authorities, as well as ensures the implementation of measures and temporary restrictions on control of the legal regime of martial law. He can also announce general or partial mobilization and establish procedures for military service during the validity period of martial law.

President also implements the legal regime of martial law aimed at ensuring the Constitution of the Republic of Armenia, this Law and other laws of other powers.[16]

The President may be impeached for treason or other grave crimes. In order to obtain a conclusion on impeaching the President of the Republic, the National Assembly appeals to the Constitutional Court by a resolution adopted by the majority of the total number of deputies. The resolution to remove the President of the Republic from office is passed by the National Assembly by a two-thirds majority vote of the total number of deputies, based on the conclusion of the Constitutional Court. If the Constitutional Court concludes that there are no grounds for impeaching the President of the Republic the impeachment is removed from the agenda of the National Assembly.

In case of serious illness of the President of the Republic or other insurmountable obstacles which make it impossible for him/her to perform his/her responsibilities, the National Assembly, upon the recommendation of the Government, the conclusion of the Constitutional Court and with a minimum of two-thirds majority vote of the total number of its members, adopts a decision that states the incapacity of the President of the Republic to discharge his/her powers. If Constitutional Court concludes that there are reasons for the incapacity of the President of the Republic to discharge his/her responsibilities, the Government cannot apply to the National Assembly with such an issue.