NKR Constitution

Chapter 4. The National Assembly

Article 76.

1. Legislative power in the Nagorno Karabakh Republic shall be vested in the National Assembly.

2. Under the cases provided by Article 68, points 14 and 15, Articles 71, 73, 3rd provision of this Article, Articles 80, 81,83, 84, 85, 89, 90, 92, 93, sub-sections 1.1 , 1.2 and 1.4 of point 1 and point 2 of Article 94; Articles 95, 97,100; point 2.2 of Article 114, cases provided in Articles 133, 134, 135 for the purposes of organizing its own activities, the National Assembly shall adopt resolutions, that are signed and publicized by the President of the National Assembly.

3.The National Assembly may issue addresses or statements.

4.The powers of the National Assembly are stipulated by the Constitution.

5. The functions of the National Assembly, formation of its bodies and their activity are determined by the Constitution and the By-laws of the National Assembly.

Article 77.

1. The number of the members of the National Assembly is determined by law.

2. The National Assembly is elected for a five-year term. The authority of the National Assembly shall expire in the year following its fifth term on the opening day of the first session of the newly elected National Assembly, when the newly elected National Assembly shall assume its powers.

3. The National Assembly holds elections upon the expiration of its powers no sooner than forty days and no later than thirty days.

The National Assembly special elections are held upon the dissolution of the Natinoal Assembly no sooner than thirty days and no later than forty days.

4.The National Assembly may not be dissolved during a war or state of emergency as well as when the removal of the President of the Republic from office is being deliberated.

5. In the event of war or state of emergency, the term of office of the National Assembly is extended until the conclusion of the war or state of emergency, when the newly elected National Assembly holds its first session. In that case the election of the new National Assembly is held after the termination of the war or state of emergency no sooner than seventy days and no later than hundred days.

6. The election of the National Assembly is set by the decree of the President of the Republic.

7. The election of the National Assembly is stipulated by the Constitution.

Article 78.

Any person having attained the age of twenty-three, having been a citizen of the Nagorno Karabakh Republic for the preceding five years, having permanently settled in the Republic and eligible to vote, may be elected as a member of the National Assembly.

Article 79.

1. A member of the National Assembly may not hold any other public office or local self-governing bodies or trade organizations, be engaged entrepreneurship, nor engage in any other paid occupation, except scientific, educational and creative work. A member of the National Assembly exercise his/her powers on a permanent basis,

2. A member of the National Assembly is not bound by any imperative mandates.

3. The powers of the member of the National Assembly, guarantees of his or her activities stipulated by the Constitution and laws.

Article 80.

1. A member of the National Assembly during the term of his/her power and then after cannot be persecuted and be subject to liability for activities emanating from his/her or her status, including for an opinion expressed in the National Assembly, if it does not contain slander or insult.

2. A member of the National Assembly shall not be arrested and be subjected to administrative or criminal liability through judicial procedure without the consent of the National Assembly.

3. A member of the National Assembly shall not be arrested without the consent of the National Assembly, except in the cases, when his/her arrest is carried out in the course of the commission of a crime or immediately afterward. In these cases the president of the National Assembly is immediately notified.

Article 81.

1. The powers of the member of the National Assembly terminate on the expiration of the term of the powers of the National Assembly, the dispersal of the National Assembly, a violation of the terms of the part 1 of Article 79 of the Constitution, invalid absence from more than half of the votes taken during one session, resignation, loss of the Nagorno Karabakh Republic citizenship, conviction for a crime resulting in imprisonment, a finding of incompetence declared legally by the court, declared absent, and death.

2. The powers of a member of the National Assembly shall be terminated in a manner prescribed by the rules of procedure of the National Assembly.

Article 82.

1. The first session of the newly elected National Assembly is convened on the second Thursday following the election of at least two-thirds of the overall number of delegates.

2. Prior to the election of the president of the National Assembly, the member most senior in age
runs its meetings.

Article 83.

1.The National Assembly with the majority of the votes elects the president of the National Assembly and his/her deputy.

2. The president of the National Assembly runs the sessions, determines the financial resources of the National Assembly, and secures its normal activities.

Article 84.

1.Standing committees are established for the preliminary examination of draft legislation and other proposals for the consideration of the National Assembly

2. If necessary, ad-hoc committees may be established in a manner prescribed by the rules of procedure of the National Assembly for the preliminary examination of draft legislation and other proposals for the submission of findings and reports on specific events and facts to the National Assembly.

Article 85.

1. The regular sessions of the National Assembly shall be convened twice per year from September-December, and February-June as prescribed by the rules of procedure of the National Assembly.

2. The sessions of the National Assembly are valid/official if the required number of its members are present for the resolution of the given issue.

3. The sessions of the National Assembly shall be open to public. Closed-door sessions may be convened by a resolution of the National Assembly.

 

Article 86.

An extraordinary term or session of the National Assembly may be convened by the president of the National Assembly, the President of the Republic, at the initiative at least one-third of the total number of its members or by the government in accordance with the agenda and timetable of the initiator.

Article 87.

Laws and resolutions of the National Assembly, with the exception of cases stipulated by the Constitution, shall be passed by the majority vote of the participating members but no less than the two-fifth of total number of members.

Article 88.

1. The National Assembly deliberates on the law remanded by the President of the Republic in an extraordinary session.

2. In the event that the National Assembly does not accept the comments and recommendations of the President of the Republic, the remanded law is accepted with the simple majority of the total number of its members.

Article 89.

1. Within thirty days of the formation of a newly elected National Assembly or after its formation, the Government shall present its program to the National Assembly for its approval, thus raising the question of a vote of confidence before the National Assembly.

2. A draft resolution expressing a vote of no confidence toward the Government may be proposed within twenty-four hours of the Government’s raising of the question of the vote of confidence by not less than one-third of the total number of the members of the National Assembly. The proposal for a vote of no confidence shall be voted on no sooner than forty-eight hours and no later than seventy-two hours from its initial submittal. The proposal must be passed by a majority vote of the total number of the members of the National Assembly.

3. If a vote of no confidence toward the Government is proposed, or such proposal is not passed, the Government’s program shall be considered to have been approved by the National Assembly.

4. If a vote of no confidence is passed, the Prime Minister shall submit the resignation of the Government to the President of the Republic.

Article 90.

1. The right to initiate legislation in the National Assembly shall belong to the President of the Republic, its members and the Government.

2. The Government shall stipulate the sequence for debate of its proposed draft legislation and may request that they be voted on only with amendments acceptable to it.

3. Any draft legislation deemed urgent by the Government resolution shall be debated and voted on by the National Assembly within a sixty day period.

4. National Assembly shall consider all draft legislation reducing state revenues or increasing state expenditures by a majority vote in accordance with the Government proposal.

5. The Government may raise the question of a vote of confidence in conjunction with its proposed legislation. If the National Assembly does not adopt a resolution of no confidence against the Government as provided by the part 2 of Article 89 of the Constitution, then the Government’s proposed legislation will be considered to have been adopted. In the event that a vote of no confidence is adopted, the Prime Minister submits a petition to the President of the Republic for the resignation of the Government.

6. The Government can submit a question of confidence in conjunction with legislation during the same term of the National Assembly no more than twice.

Article 91.

1. The National Assembly shall adopt the state budget upon its submittal by the Government. If the budget is not adopted by the start of the fiscal year, all expenditures shall be incurred in the same proportions as in the previous fiscal year’s budget.

2. The procedure for debate on and adoption of the State budget shall be prescribed by by-laws of the National Assembly.

Article 92.

1.The National Assembly shall oversee the implementation of the State budget, as well as of the use of loans and credits received from foreign governments and international organizations.

2.The National Assembly shall examine the annual report on the realization of the state budget and adopt the report based on the findings of the National Assembly’s Oversight Chamber.

Article 93.

1. The members of the National Assembly have the right to direct questions to the government. For one session each week during the regular sessions of the National Assembly, the Prime Minister and other members of the Government shall answer questions raised by members of the National Assembly. The National Assembly shall not pass any resolution in conjunction with the questions raised by its members.

2. The factions and blocs of the National Assembly have the right to question the Government. The questions are presented in writing at least ten days before debate. The procedure for debate on and adoption of the resolutions are stipulated by the By-laws of the National Assembly.

Article 94.

1. The National Assembly, upon the recommendation of the President of the Republic:

1.1. Shall approve the candidacy of the Prime Minister in a manner prescribed by Article 100 of the Constitution

1.2. May declare amnesty;

1.3 Shall ratify, revoke or suspend the international agreements signed by the Nagorno Karabakh Republic. Law shall stipulate the range of international treaties subject to ratification by the National Assembly.
1.4.May adopt a resolution on declaring a war or proclaiming peace. In the event that a session of the National Assembly is impossible to convene, the decision to declare war is reserved to the President of the Republic.

1.5. The National Assembly may terminate the use of the armed forces, martial law and state of emergencies.

Article 95.

1. The National Assembly, upon the recommendation of the President of the Republic, shall appoint:

1.1. The President of the Supreme Court and other judges.

1.2. Prosecutor General.

1.3.Chairman of the National Assembly’s Oversight Chamber.

2. The National Assembly appoints the Ombudsman, two members of the Judicial Council.

Article 96.

The National Assembly, upon the recommendation of the Government, shall determine the administrative-territorial divisions, designations and boundaries of the Republic.

Article 97.

1. The National Assembly may adopt by a majority vote of no confidence towards the Government. The National Assembly shall not exercise that right in the event of war or the cases stipulated in point 15 of Article 70 of the Constitution.

2. A proposal of a resolution of no confidence towards the Government shall be presented by the vote of the one-third of the total number of the members of the National Assembly. The decision to adopt the resolution shall be put on vote no sooner than forty-eight and no later than seventy-two hours from the time of its presentation.

Article 98

1. The President of the Republic may dissolve the National Assembly in cases prescribed by Article 100 of the Constitution.

2. The President of the Republic may dissolve the National Assembly, upon the recommendation of the President of the National Assembly or Prime Minister, if;

2.1. during the 60 days of the regular sitting National Assembly passes no resolution on a draft law that has been considered urgent by a Government decision;

2.2. during the 60 days of the regular sitting National Assembly passes no resolutions on issues being debated in the National Assembly;

2.3. during the regular sitting National Assembly doesn’t convene sessions for more than 60 days.