Armenia 1995 Constitution (reviewed 2015)

CHAPTER 6. THE GOVERNMENT

Article 146. Status and Functions of the Government

1. The Government shall be the highest body of the executive power.
2. Based on its program, the Government shall develop and implement the domestic and foreign policies of the state.
3. The Government shall conduct the general direction of the state administration system bodies.
4. The powers of the Government shall be stipulated by the Constitution and the laws. The Government shall have power over all those matters pertaining to executive power, which are not reserved for other state administration bodies or local self-government bodies.

Article 147. Composition and Structure of the Government

1. The Government shall consist of the Prime Minister, Deputy Prime Ministers, and ministers.
2. The list of ministries and the procedure of activities of the Government shall be stipulated by law upon submission by the Government. The number of Deputy Prime Ministers may not exceed three, and the number of ministries may not exceed 18.

Article 148. Requirements on Government Members

1. A Government member shall meet the requirements presented to a parliamentarian.
2. Government members shall be subject to the incompatibility requirements stipulated for a parliamentarian. Additional incompatibility requirements may be stipulated for them by law.

Article 149. Election and Appointment of the Prime Minister

1. Immediately after the commencement of the term of office of the newly-elected National Assembly, the President of the Republic shall appoint as Prime Minister the candidate nominated by the parliamentary majority formed in the manner stipulated by Article 89 of the Constitution.
2. Within a seven-day period of accepting the Government’s resignation in case of the Prime Minister submitting a resignation or in other cases when the office of the Prime Minister becomes vacant, the factions of the National Assembly shall have the right to nominate candidates for the Prime Minister. The National Assembly shall elect the Prime Minister by majority vote of the total number of parliamentarians.
3. If a Prime Minister is not elected, a new election of the Prime Minister shall be held seven days after the vote, in which the Prime Minister candidates nominated by at least one third of the total number of parliamentarians may take part. If a Prime Minister is not elected by majority vote of the total number of parliamentarians, the National Assembly shall be dissolved by virtue of law.
4. The election of the Prime Minister shall be conducted by open vote.
5. The President of the Republic shall immediately appoint as Prime Minister the candidate elected by the National Assembly.

Article 150. Formation of the Government

The Government shall be formed within a 15-day period of the appointment of the Prime Minister. After his appointment, the Prime Minister shall within a five-day period propose to the President of the Republic the candidates of the Deputy Prime Ministers and ministers. The President of the Republic shall, within a three-day period, either appoint the Deputy Prime Ministers and the ministers or apply to the Constitutional Court. The Constitutional Court shall examine the application and make a decision within a five-day period. If the President of the Republic does not fulfill the requirements stipulated by this Article within a three-day period, then the relevant Deputy Prime Minister or minister shall be deemed appointed by virtue of law.

Article 151. The Program of the Government

1. Within a 20-day period of the formation of the Government, the Prime Minister shall present to the National Assembly the Program of the Government.
2. The National Assembly shall approve the Program of the Government within a seven-day period by majority vote of the total number of parliamentarians.
3. If the National Assembly does not approve the Program of the Government and does not elect a new Prime Minister in accordance with Paragraphs 2 and 3 of Article 149 of the Constitution, then the National Assembly shall be dissolved by virtue of law. If the National Assembly elects the Prime Minister, but once again does not approve the Program of the Government, the National Assembly shall be dissolved by virtue of law.
4. Paragraph 3 of this Article shall not apply to the Program of the Government formed in accordance with Article 115 of the Constitution. If the Program of such Government is not approved, the National Assembly shall be dissolved by virtue of law.

Article 152. Powers of the Prime Minister and Other Members of the Government

1. The Prime Minister shall, within the framework of the Program of the Government, determine the general guidelines of the Government’s policy, direct the activities of the Government, and coordinate the work of the Government members. On specific issues, the Prime Minister may give instructions to the Government members. The Prime Minister shall lead the Security Council, the procedure of formation and operation of which shall be stipulated by law.
2. The Deputy Prime Ministers shall, by instruction of the Prime Minister, coordinate specific areas of activities of the Government. One of the Deputy Prime Ministers shall, in the manner established by the Prime Minister, replace him during his absence.
3. Each minister shall independently direct the portfolio entrusted in his ministry.
4. The members of the Government shall have the power to adopt sub-legislative normative legal acts.

Article 153. Sittings and Decisions of the Government

1. The Prime Minister shall invite and chair the sittings of the Government.
2. Decisions of the Government shall be signed by the Prime Minister.
3. The Government shall have the power to adopt sub-legislative normative legal acts.

Article 154. Economic and Financial Policies

1. The Government shall implement coherent state finance-economic, credit, and tax policies.
2. The Government shall administer the state property.

Article 155. The Armed Forces

1. The armed forces shall be subordinate to the Government. A decision on engagement of the armed forces shall be taken by the Government. In case of urgent necessity, a decision on engagement of the armed forces shall be taken by the Prime Minister upon proposal by the Minister of Defense, and the Prime Minister shall immediately inform the Government members about it.
2. The general guidelines of defense policy shall be stipulated by the Security Council. Within such general guidelines, the Minister of Defense shall conduct the command of the armed forces.
3. The highest military official of the armed forces shall be the Chief of the General Staff, who shall be appointed by the President of the Republic by proposal of the Prime Minister for the term stipulated by law. The Chief of the General Staff shall be subordinate to the Minister of Defense in the absence of war.
4. During wartime, the Prime Minister shall be the Supreme Commander of the armed forces.
5. The subordination and command of the armed forces, as well as other details shall be stipulated by law.

Article 156. Annual Report of the Government to the National Assembly

For each year, the Government shall present a report to the National Assembly on the implementation progress and results of its Program.

Article 157. The Question of Confidence in the Government

1. The Government may put forward the question on confidence in the Government with respect to the adoption of a draft law presented by the Government. The draft decision on expressing confidence in the Government shall be put to the vote no later than within 72 hours of its presentation. The decision shall be adopted by majority vote of the total number of parliamentarians by open vote.
2. If the draft decision on expressing confidence in the Government is accepted, the draft law presented by the Government shall be deemed adopted.
3. The Government may put forward the question of its confidence with respect to a draft law not more than twice during any given session.
4. The Government may not put forward the question of its confidence with respect to the adoption of a draft constitutional law.
5. The Government may not put forward the question of its confidence during martial law or a state of emergency.

Article 158. Resignation of the Government

The Government shall present its resignation to the President of the Republic on the day of the first session of the newly-elected National Assembly, on the day of expressing non-confidence in the Government, on the day of not approving the Program of the Government, on the day of the Prime Minister submitting his resignation, or on the day on which the office of the Prime Minister becomes vacant. The members of the Government shall continue discharging their duties until a new Government is formed.

Article 159. Bodies of the State Administration System

The bodies of the state administration system shall be the ministries, as well as other bodies subordinate to the Government, the Prime Minister, and the ministries, the powers and procedure of formation of which shall be stipulated by law.

Article 160. Implementation of the Regional Policy of the Government

1. The Government shall implement its regional policy in the marzes through the marz governors.
2. The marz governors shall be appointed and dismissed by the Government. The marz governors shall coordinate the activities of the regional subdivisions of the state administration bodies, except for cases stipulated by law.
3. The peculiarities of regional administration in Yerevan shall be stipulated by law.

Article 161. The Public Council

The Public Council shall be a body consultative to the Government. The procedure of the formation and operation of the Public Council shall be stipulated by law.