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.
5. 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. 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 non-confidence 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.