Article 135. Administration of Justice
1. In the Republic of Artsakh, justice shall be administered only by courts in compliance with the Constitution and laws.
2. Any interference with the administration of justice shall be prohibited.
Article 136. Courts
1. The Supreme Court, the Court of Appeal and court of first instance of general jurisdiction shall operate in the Republic of Artsakh. Other specialized courts may be established in the cases provided for by law.
2. Establishment of extraordinary courts shall be prohibited.
Article 137. Status of a Judge
1. When administering justice, a judge shall be independent, impartial and shall act only in accordance with the Constitution and laws.
2. A judge may not be held liable for the opinion expressed or judicial act rendered during administration of justice, except where there are elements of crime or disciplinary violation.
3. Criminal prosecution of a judge with respect to the exercise of his/her powers may be initiated only upon the consent of the Supreme Judicial Council. A judge may not be deprived of liberty, with respect to the exercise of his/her powers, without the consent of the Supreme Judicial Council, except where he/she has been caught at the time of or immediately after committing a criminal offence. In this case, deprivation of liberty may not last more than 72 hours. The Chairperson of the Supreme Judicial Councli shall be immediately notified of the deprivation of liberty of a judge.
4. A judge may not hold any position not related to his/her status in other state or local self-government bodies, any position in commercial organizations, or engage in entrepreneurial activities or perform other paid work, except for scientific, educational and creative work. The Judicial Code may prescribe additional incompatibility requirements.
5. A judge may not engage in political activities.
6. The powers of a judge shall discontinue upon expiry of the term of powers thereof, in cases of loss of citizenship of the Republic of Artsakh, entry into force of a criminal judgment of conviction rendered against him/her, termination of criminal prosecution on non-acquitting grounds, entry into force of a civil judgment on declaring him/her as incapable of working, as missing or dead, in case of his/her resignation or death.
7. In cases of violation of incompatibility requirements, engaging in political activities, impossibility of holding office for health reasons, in case of committing essential disciplinary violation the powers of a judge shall be terminated upon the decision of the Supreme Judicial Council.
8. The remuneration of a judge shall be determined in compliance with his/her high status and responsibility. The amount of remuneration of a judge shall be prescribed by law.
9. Details related to the status of judges shall be prescribed by the Judicial Code.
Article 138. Requirements Set Forth for the Candidates for Judges
1. A lawyer with higher education, having attained the age of 35, holding citizenship of the Republic of Artsakh, having the right of suffrage, with high professional qualities and at least ten years of professional work experience may be elected as a judge of the Supreme Court.
2. A lawyer with higher education, holding citizenship of the Republic of Artsakh, having the right of suffrage may be appointed as a judge of a court of first instance and the Court of Appeal.
3. The candidates for judges must have command of the Armenian language.
4. The Judicial Code may prescribe additional requirements to the candidates for judges.
Article 139. Appointment Procedure and Terms of Office of Judges
1. Court chairpersons and judges shall, upon the recommendation of the Supreme Judicial Council, be elected by the National Assembly by majority vote of the total number of Deputies.
2. The Judicial Code may prescribe a term of office of the chairpersons of courts.
3. A judge shall be irremovable and shall hold office until attaining the age of 65.
4. Details related to the appointment of judges shall be prescribed by the Judicial Code.
Article 140. The Supreme Court
1. The Supreme Court shall be the highest judicial instance in the Republic of Artsakh.
2. The Supreme Court shall administer constitutional justice by ensuring the supremacy of the Constitution.
3. The Supreme Court shall be composed of the chairperson of the Supreme Court and six judges.
Article 141. Functions and Powers of the Supreme Court
1. When administering Constitutional justice the Supreme Court, in accordance with the procedure prescribed by law, shall:
1) determine the compliance of laws, decisions of the National Assembly, decrees and executive orders of the President of the Republic, decisions of the Government and secondary normative legal acts with the Constitution;
2) prior to the adoption of draft amendments to the Constitution, as well as draft legal acts put to referendum, determine the compliance thereof with the Constitution;
3) prior to the ratification of an international treaty, determine the compliance of the commitments enshrined therein with the Constitution;
4) settle disputes related to decisions adopted upon the results of a referendum, those of the elections of the National Assembly and President of the Republic;
5) render a decision on termination of the powers of a Deputy;
6) render an opinion on the existence of grounds for removing the President of the Republic from office;
7) render an opinion on the existence of grounds for termination of the powers of the President of the Republic;
8) render a decision, in the cases prescribed by law, on suspending or prohibiting the activities of a political party;
2. As a highest judicial instance the Supreme Court, within the powers prescribed by law and by reviewing the legal acts shall:
1) guarantee the uniform application of laws and other normative legal acts;
2) eliminate the violations of fundamental human rights and freedoms.
Article 142. Applying to the Supreme Court on Issues of Constitutional Justice
1. The following may apply to the Supreme Court:
1) the President of the Republic – in the cases prescribed by Point 1 of Paragraph 1 of Article 141 of the Constitution and the disputes related to decisions adopted with respect to the results of a referendum;
2) the National Assembly – in the cases prescribed by Points 6-8 of Paragraph 1 of Article 141 of the Constitution by the decision adopted by the majority of votes of the total number of Deputies;
3) at least one fifth of the total number of Deputies – in the cases prescribed by Points 1 and 5 of Paragraph 1 of Article 141 of the Constitution;
4) a faction of the National Assembly – in respect of disputes related to decisions adopted upon the results of a referendum;
5) the Government – in the cases prescribed by Points 1,7,8 of Paragraph 1 of Article 141 of the Constitution;
6) local self-government bodies – with regard to compliance with the Constitution of normative legal acts prescribed by Point 1 of Paragraph 1 of Article 141 of the Constitution, violating their constitutional rights;
7) everyone — under a specific case where the final act of court is available, all judicial remedies have been exhausted, and he/she challenges the constitutionality of the relevant provision of a normative legal act applied against him/her upon this act, which has led to the violation of his/her basic rights and freedoms enshrined in Chapter 2 of the Constitution, taking into account also the interpretation of the respective provision in law enforcement practice;
8) the Prosecutor General — in respect of the constitutionality of provisions of normative legal acts related to specific proceedings administered by the prosecutor’s office;
9) the Human Rights Defender – in respect of the compliance of the normative legal acts listed in Point 1 of Paragraph 1 of Article 141 of the Constitution with the provisions of Chapter 2 of the Constitution;
10) candidates for the President of the Republic — in respect of disputes related to decisions adopted upon the results of elections of the President of the Republic;
11) political parties or alliances of political parties having participated in the elections to the National Assembly — in respect of disputes related to decisions adopted upon the results of elections to the National Assembly.
2. The National Assembly shall apply to the Supreme Court in the cases prescribed by Point 2 of Paragraph 1 of Article 141 of the Constitution.
3. The President of the Republic shall apply to the Supreme Court in cases prescribed by Point 3 Paragraph 1 of Article 141 of the Constitution.
4. Courts shall apply to the Supreme Court on the issue of constitutionality of the normative legal act applicable in a specific case within their proceedings, if they have reasonable doubts on the constitutionality thereof and find that the adjudication of the case is possible only through the application of the given normative legal act.
5. The details related to the procedure of applying to the Supreme Court shall be prescribed by law.
6. The Supreme Court shall examine a case only in case of availability of the relevant application.
Article 143. Decisions and Opinions of the Supreme Court
1. The Supreme Court shall adopt decisions and opinions.
2. Decisions and conclusions of the Supreme Court shall be final and shall enter into force upon their promulgation.
3. The Supreme Court may, upon its decision, prescribe a later time period for repealing a normative legal act or a part thereof not complying with the Constitution.
4. The Supreme Court shall render decisions on the issues provided for by Paragraphs 1 and 2 of Article 141 of the Constitution, except for issues provided for by Points 6 and 7 of Paragraph 1. The Supreme Court shall render opinions on the issues provided for by Points 6 and 7 of Paragraph 1 of Article 141.
5. Decisions on the issues provided for by Point 8 of Paragraphs 1 of Article 141 of the Constitution as well as opinions, shall be adopted by at least two thirds of votes of the total number of judges of the Supreme Court, the other decisions shall be adopted by majority of votes of the total number thereof.
6. If the opinion of the Supreme Court is negative, the issue shall be excluded from the examination of the competent authority.
Article 144. Status and Procedure for the Formation of the Supreme Judicial Council
1. The Supreme Judicial Council shall be an independent state body that guarantees the independence of courts and judges.
2. The Supreme Judicial Council shall be composed of five members.
3. Three members of the Supreme Judicial Council shall be elected by the General Assembly of Judges from among judges having at least five years of experience as a judge. Judges from all court instances must be included in the Supreme Judicial Council. A member elected by the General Assembly of Judges may not act as chairperson of a court.
4. Both the President of the Republic and the National Assembly shall appoint one member of the Supreme Judicial Council. The National Assembly shall appoint the member of the Supreme Judicial Council by at least three-fifths of votes of the total number of Deputies, from among legal scholars and other prominent lawyers holding citizenship of the Republic of Artsakh, having the right of suffrage, with high professional qualities and at least five years of professional work experience. The member elected by the President of the Republic or the National Assembly may not be a judge.
5. Members of the Supreme Judicial Council shall be elected for a term of five years, without the right to consecutive re-election.
6. The Supreme Judicial Council shall, within the time limits and under the procedure prescribed by the Judicial Code, elect a Chairperson of the Council.
7. Details related to the formation of the Supreme Judicial Council shall be prescribed by the Judicial Code.
Article 145. Powers of the Supreme Judicial Council
1. The Supreme Judicial Council shall:
1) draw up and approve the lists of candidates for judges, including candidates subject to promotion;
2) propose to the National Assembly the candidates for chairpersons of courts and the candidates for judges;
3) decide on giving consent for initiating criminal prosecution against a judge or depriving him/her of liberty;
4) decide on the issue of subjecting a judge to disciplinary liability;
5) decide on the issue of terminating the powers of a judge;
6) approve the estimates of expenditures of the courts, and submit them to the Government, in order to include them in the Draft State Budget as prescribed by law.
2. In case of discussing the issue of subjecting a judge to disciplinary liability, as well as in other cases prescribed by the Judicial Code, the Supreme Judicial Council shall act as a court.
3. Other powers and rules of operation of the Supreme Judicial Council shall be prescribed by the Judicial Code.