Law on the Constitutional Court (1997) (excerpts)
Law of the Republic of Armenia
on the Constitutional Court
30 December 1997
(emphasis added)
Chapter 1
General Principles
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Article 5
Powers of the Constitutional Court
According to Article 100 of the Constitution and in the manner prescribed by the present Law, the Constitutional Court:
1. shall decide on whether the laws, the findings of the National Assembly, the orders and decrees of the President of the Republic and the findings of the Government are in conformity with the Constitution;
2. shall decide, prior to the ratification of an international treaty, whether the obligations assumed therein are in conformity with the Constitution;
3. shall rule on disputes concerning referenda and the results of Presidential and parliamentary elections;
4. shall ascertain the existence of insurmountable obstacles facing a Presidential candidate or the fact of the removal of such obstacles;
5. shall determine whether there are grounds for the removal of the President of the Republic;
6. shall determine whether there are grounds for the appeal provided for in paragraphs 13 and 14 of Article 55 of the Constitution;
7. shall determine whether the President of the Republic is incapable of continuing to perform his or her functions;
8. shall determine whether there are grounds for the removal of a Member of the Constitutional Court, the arrest or the initiation of administrative or criminal proceedings through the judicial process;
9. shall decide on the suspension or prohibition of a political party in cases prescribed by law.
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Chapter 6
The appeal to the Constitutional Court
Article 25
The right to appeal to the Constitutional Court
The Constitutional Court may hear cases submitted by:
1. the President of the Republic;
2. at least one third of the Members of the National Assembly;
3. Presidential and parliamentary candidates on disputes concerning election results;
4. the Government, in cases prescribed by Article 59 of the Constitution;
5. the National Assembly in cases prescribed by Article 57 of the Constitution.
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Chapter 9
The characteristics of a case under review at the Constitutional Court
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Article 57
Consideration of disputes relating to the results of referenda and the results of the election of the President and deputies.
With regard to the issues specified in paragraph 3 of Article 100 of the Constitution, the following may appeal to the Constitutional Court:
1. the President of the Republic;
2. at least one third of the Members of the National Assembly;
3. candidates for the office of President of the Republic and for the National Assembly, on issues related to the results of elections.
The state body that has summarised the results of referenda or elections may act as a respondent.
Factual circumstances relating to the case under review by the Constitutional Court may not be a subject for examination.
On issues related to the results of referenda and of elections for the office of President of the Republic and for the National Assembly, appeals to the Constitutional Court may be made within seven days after the official announcement of the results.
Article 58
Consideration of issues on determining whether the obstacles for an effective campaigning for a Presidential candidate are insurmountable or have been removed
With regard to issues specified in paragraph 4 of Article 100 of the Constitution, the following may appeal to the Constitutional Court
1. the President of the Republic;
2. at least one third of the Members of the National Assembly.
Appeals to the Constitutional Court requesting a determination that obstacles to the effective campaigning of a candidate for the office of President of the Republic are insurmountable can be made not later than ten days before the election of the President of the Republic.
The Constitutional Court shall accept the appeal for a preliminary review, review the case and decide upon it within four days after receiving the appeal.
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Article 63
Consideration of the issue of suspending or prohibiting the activities of a political party
With regard to the issues provided for by paragraph 9 of Article 100 of the Constitution, the Constitutional Court may be appealed to by:
1. the President of the Republic;
2. at least one third of deputies.
When exercising this power, the Constitutional Court shall exercise the rights set out in Articles 59 and 60 of the present Law.
The Constitutional Court may decide to suspend or terminate the activities of a political party if violations of the Constitution or the requirements of the relevant law on the political parties have been detected in the activities of that party.
When exercising this power, the Constitutional Court shall reach a decision by at least two-thirds of the total number of the Court's Members voting.
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