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President of the ARTSAKH REPUBLIC
Bako S. Sahakyan
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Chapter from Constitution

non-official translation

CONSTITUTION OF THE
NAGORNO KARABAGH REPUBLIC

Chapter III.
The President of the Republic


Article 61.

1.The President of the Republic is the head of the state.
2. The President of the Republic oversees the adherence to the Constitution, ensures the normal functioning of the legislative, executive and judicial bodies.
3. The President of the Nagorno Karabagh Republic is the guarantor of the sovereignty, independence and territorial integrity and security of the Nagorno Karabagh Republic.

Article 62.
1. The President of the Republic shall be elected by the citizens of the Nagorno-Karbakh Republic for a five-year term of office.
2. Every person having attained the age of thirty five, having been a citizen of the Nagorno Karabagh Republic for the preceding ten years, having resided permanently in the Republic for the preceding ten years and having the right to vote is eligible for the Presidency.
3. The same person may not be elected for the post of the President of the Republic for more than two consecutive terms.

Article 63.
1. The President of the Republic is elected in accordance with the procedures set by the Constitution and the laws. Election of the President of the Republic shall be held fifty days prior to the expiration of the term of office of the President in office.
2. The candidate who receives more than half of the votes cast for the presidential candidates shall be considered as having been elected President of the Republic.
3. If the election involved more than two candidates and none received the necessary votes, a second round of elections shall be held on the fourteenth day following the first round of the election, at which time the two candidates having received the highest number of votes in the first round shall participate. The candidate who receives the highest number of votes during the second round shall be considered to have been elected the President of the Republic.

4. In the event only one candidate is presented, the candidate shall be considered as having been elected if he or she has received more than half of the votes cast.
5. If the Supreme Court entertains a case in regard to the outcome of the presidential elections of the Republic, then it has to render a decision within ten days from the date of the filing of the petition. The deadlines set by this Article include the moment in which the decision of the Supreme Court has taken into effect.
6. If a President of the Republic is not elected, there shall be new elections on the fortieth day after the first round of elections.
7. The President-elect of the Republic shall assume office on the day when the term of the previous President expires.
8. A President who shall be elected by new or extraordinary elections shall assume office within twenty days after official publication of election results.

Article 64.
1. In the event that one of the presidential candidates faces insurmountable obstacles, the presidential elections shall be postponed by two weeks. If during this period obstacle recognized as insurmountable are not alleviated, new elections shall be held, and the votes are taken on the fortieth day after the expiration of the two-week deadline.
2. In the event of the passing of one of the presidential candidates, new elections are set in a three-day period, and the votes are taken on the fortieth day of after setting the date of the new elections.

Article 65.
In the event of the resignation, death, incapacity to perform of his or her functions of the President of the Republic or removal from office in accordance with the provisions of Article 71 of the Constitution, special presidential elections shall be held on the fortieth day following the vacancy of the office.

Article 66.
During a period of war and special circumstances, no Presidential elections are held, and the President of the Republic shall continue his/her mandate until the President elected upon the conclusion of the war or extraordinary situation takes office. In this case the election of the President of the Republic shall take place on the ninetieth day of conclusion of the war or extraordinary situation and the President-elect assumes office on the twentieth day after the official publication of the election results, or if the Supreme Court takes a petition for court hearing, on the twentieth day after the Court decision comes to force.

Article 67.
The President of the Republic shall assume office in accordance with the provisions of the law, by pledging the following oath to the people during a special sitting of the National Assembly: "By assuming the office of the President of the Nagorno Karabagh Republic, I pledge to unwaveringly carry out the requirements of the Constitution, honor human and civil rights and freedoms of the citizens, guarantee the sovereignty, independence, territorial integrity and security of the Republic to the glory of the Nagorno Karabagh Republic and in the name of the welfare of our people".

Article 68.
The President of the Republic
1. Shall address the people and the National Assembly;
2. Shall sign and promulgate within thirty days of receipt, laws passed by the National Assembly. During this period, the President may remand a law to the National Assembly with objections and recommendations requesting new deliberations. The President shall sign and promulgate into law upon receipt within a five days of the second passing of such law by the National Assembly;
3. May in cases stipulated by the Constitution and procedures the president of the National dissolve the National Assembly and designate special;
4. In accordance with Article 100 of the Constitution shall appoint the Prime Minister. At the recommendation of the Prime Minister shall appoint or remove members of the government.
In consultation with the President of the National Assembly and the leaders of the parliamentary factions may remove the Prime Minister. In the events of removal or resignation of the Prime Minister, if the National Assembly adopts a vote of no confidence against the Government, if the position of the Prime Minister remains vacant , the President shall accept the resignation of the government;
5. Shall recommend to the National Assembly nominees for the presidency of the Supreme Court and other courts. In accordance with the provisions of the Article 118 of the Constitution, the President shall appoint the presidents of the appellate courts, courts of first instance, other courts stipulated by law and other judges. He shall terminate the powers of the judges, grants permission for the incarceration of the judges, to bring legal charges against him/her and subject him/her to administrative accountability;

6. Proposes to the National Assembly a nominee for the Prosecutor General. At the recommendation of the Prosecutor General, it appoints and dismisses the Deputy Prosecutor Generals;
7. Proposes to the National Assembly a nominee for the presidency of the Oversight Chamber;
8. Appoints the two advisory members of the Judicial Council;
9. Makes appointments of the state officials as stipulated by law;
10. Forms and presides over the National Security Council, and may also form other consultative bodies;
11. Shall represent the Nagorno Karabagh Republic in international relations, conducts and oversees the general course of the foreign policy, signs international treaties, presents international agreements to the National Assembly for ratification, confirms, suspends or halts the ratification of international agreements not requiring ratification;
12. Shall appoint and recall the diplomatic representatives of the Nagorno Karabagh Republic to foreign countries and international organizations, and receive the credentials and letters of recall of diplomatic representatives of foreign countries and international organizations;
13. Is the Commander-in-Chief of the armed forces and coordinates the activities of the state officials in the sphere of defense. Appoints and dismisses the supreme command of the armed forces and other forces;
14. In the event of an armed attack against or an imminent danger to the Republic, or a declaration of war, declares martial law and may call for a general or partial mobilization; and makes a decision on the use of the armed forces.
In the event of the use of the armed forces or upon the declaration of martial law, a special session of the National Assembly shall be held;
15. In the event of natural tragedies or other special circumstances, as well as an imminent danger to the constitutional order, upon consultation with the president of the National Assembly
and the Prime Minster, shall take measures appropriate to the situation and address the people on that subject; if necessary declares state of emergency.
Upon the declaration of state of emergency by law convenes a special session of the National Assembly;
Legal status of the state of emergency is set by law.
16. Shall grant citizenship of the Nagorno Karabagh Republic and decide on granting political asylum as stipulated by law;
17. Shall award the orders and medals of the Nagorno Karabagh Republic and grant the highest military and honorary titles and diplomatic and other titles;
18. May grant amnesty to convicts.

Article 69.
The president of the Republic may issue decrees and orders.

Article 70.
The President of the Republic enjoys immunity. The President of the Republic during his/her term of office and then after cannot be subject to persecution and be held accountable for his/her acts as President. The President of the Republic can be held accountable for acts unrelated to his/her position upon the expiration of his/her term of office.

Article 71.
1.The President of the Republic may be removed from office for state treason or other high crimes.
2. In order to request a determination on questions pertaining to the removal of the President of the Republic from office, the National Assembly shall appeal to the Supreme Court by a resolution adopted by the simple majority of the members of the National Assembly.
3.A decision to remove the President of the Republic shall be determined by the National Assembly by at least two thirds of votes of the total number of its members based on the determination of the Supreme Court.
In the event that the determination of the Supreme Court to remove the President of the Republic from office is inconclusive, then the issue is removed from the agenda of the National Assembly.

Article 72.
The President of the Republic presents his resignation to the National Assembly. In ten days from the date of the submission of the resignation of the President of the Republic it is considered accepted, and in accordance with the provisions and deadlines set by the Constitution special elections are held.

Article 73.
In the event of the serious illness of the President of the Republic or of insurmountable obstacles affecting the performance of his/her duties, upon the recommendation of the Government and a determination by the Supreme Court, the National Assembly shall adopt a resolution on the incapacity of the President of the Republic to exercise his/her duties with a minimum two-thirds majority vote of the total number of its members.
In the event that the determination of the Supreme Court of the incapacity of the President to perform his duties is inconclusive, then the government can not appeal to the National Assembly with such a recommendation.

Article 74.
In the event that the office of the President of the Republic remains vacant and until a newly elected President assumes office the presidential duties shall devolve onto the President of the National Assembly, and if that is not possible, onto the Prime Minister. During this period it is prohibited to dissolve the National Assembly, call a referendum, and appoint or remove the Prosecutor General, supreme command of the armed forces or other forces, as stipulated by law make appointments to the law enforcement and national security bodies, as well as also implement points 12, 17, 18, of the Article 68 of the Constitution.

Article 75
1. The President of the Republic forms his/her staff.
2. The compensation, servicing and security of the President of the Republic shall be determined by law.

 

 

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