DECREE OF THE PRESIDENT OF THE REPUBLIC OF ARMENIA “ON ESTABLISHING THE PROCEDURE FOR ARRANGING THE ACTIVITIES OF THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND OTHER STATE ADMINISTRATION BODIES ADJUNCT THERETO”
DECREE
OF THE PRESIDENT OF THE REPUBLIC OF ARMENIA
ON ESTABLISHING THE PROCEDURE FOR ARRANGING THE ACTIVITIES OF THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND OTHER STATE ADMINISTRATION BODIES ADJUNCT THERETO
Acting in accordance with Article 85 of the Constitution of the Republic of Armenia I hereby decide to:
1. Establish the Procedure for arranging the activities of the Government of the Republic of Armenia and other state administration bodies adjunct thereto in accordance with the annex.
2. Repeal Decree of the President of the Republic of Armenia NH-1064 of March 16, 2002 “On establishing the procedure for activities of the Government of the Republic of Armenia”.
3. This Decree shall enter into force from the day following its official publication.
President of the Republic of Armenia / R. KocharyanJuly 18, 2007
Yerevan
NH-174-N
Annex
Decree of the President of the Republic of Armenia
NH-174-N of July 18, 2007
PROCEDURE FOR
ARRANGING THE ACTIVITIES OF THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND OTHER STATE ADMINISTRATION BODIES ADJUNCT THERETO
I. GENERAL PROVISIONS
1. This Procedure defines the basics for organising the exercise of powers authorised by the Constitution and laws of the Republic of Armenia to the Government of the Republic of Armenia (hereinafter referred to as the Government), the procedure for arranging the activities of the Government, preparing and convening of sessions, adopting decisions and ensuring their implementation.
2. The Government shall have jurisdiction over all the issues of state administration that are not authorised by law to other state or local self-government bodies. In the course of its activities the Government shall be guided by the Constitution of the Republic of Armenia, International Treaties of the Republic of Armenia, laws of the Republic of Armenia, decisions of the National Assembly of the Republic of Armenia, decisions of the Constitutional Court of the Republic of Armenia, decrees and executive orders of the President of the Republic of Armenia, decisions of the Government of the Republic of Armenia, as well as this Procedure.
3. The Government shall adopt decisions that are subject to implementation throughout the territory of the Republic of Armenia.
4. The Government shall organise its activities through sessions of the Government the support whereof shall be carried out by the Staff of the Government of the Republic of Armenia (hereinafter referred to as the Staff of the Government).
5. The Prime Minister of the Republic of Armenia (hereinafter referred to as the Prime Minister) shall manage the activities of the Government and co-ordinate the activities of ministers of the Republic of Armenia and of heads of other state administration bodies under the jurisdiction thereof. Within the scope of powers authorised to him/her by the legislation of the Republic of Armenia, as well as in cases provided for by this Procedure, the Prime Minister shall adopt decisions pertaining to the organisation of activities of the Government.
6. One of the ministers of the Republic of Armenia may be appointed by the President of the Republic of Armenia as a Deputy Prime Minister upon the recommendation of the Prime Minister and may substitute the Prime Minister in case of absence of the latter.
7. The policy of the Government in individual sectors shall be developed and implemented by national executive bodies (hereinafter referred to as the NEB) that shall be established, reorganised and liquidated upon the recommendation of the Prime Minister by a decree of the President of the Republic of Armenia.
8. The NEBs shall be the ministries of the Republic of Armenia and the state administration bodies adjunct to the Government.
9. A NEB shall perform its activities in accordance with the legislation of the Republic of Armenia, International Treaties and other legal acts of the Republic of Armenia and within the scope of powers authorised to it thereby.
10. A NEB shall have a Statute, a round seal, forms, a symbol and other identification means bearing the representation of the Coat of Arms of the Republic of Armenia and with the inscription of its name in Armenian and other languages.
11. The Statute and structure of a NEB shall be approved by the Government. The Statute of a NEB shall define the following with respect to NEB:
(1) full name and place of location;
(2) sectors of administration and tasks;
(3) organisation of administration and management, and powers of the heads;
(4) main tasks of structural subdivisions;
(5) the Procedure for the disposal, possession and use of property by a NEB;
(6) other essential provisions on organisation of activities.
12. A Ministry of the Republic of Armenia (hereinafter referred to as the Ministry) shall be a superior body with respect to state bodies and organisations included in its system.
12.1. Bodies authorised for foreign policy and Armenia-Diaspora cooperation may be considered leading bodies in cases prescribed by the Legislation of the Republic of Armenia.
(paragraph 12.1 supplemented by NH-276-N of October 22, 2013)
13. The system of the Ministry shall consist of a Minister, Deputy Ministers, advisers, press secretaries, assistants and executive assistants, Staff of the Ministry, territorial subdivisions, state bodies functioning within the sector of administration of the Ministry, as well as state non-commercial organisations reserved to the jurisdiction of the Ministry.
13.1. Structural or separate subdivisions, other than within the Staff of a NEB, may be established under the national executive bodies of defence and national security of the Republic of Armenia that shall function under direct subordination of the head of the respective body.
(paragraph 13.1 supplemented by NH-330-N of December 17, 2008)
13.2. With the purpose of efficient implementation of tasks and functions of the NEBs, advisory bodies may be established attached to the heads of NEBs, the composition whereof may include members of the Public Council.
(paragraph 13.2 supplemented by NH-141-N of June 9, 2009)
14. The system of a state administration body adjunct to the Government shall consist of the head of that body, deputies of the head of the state administration body, Staff of the state administration body, territorial subdivisions, as well as state non-commercial organisations under the jurisdiction of that body.
15. The Staff of a NEB shall be a state administration institution that shall provide full and efficient carrying out of powers authorised by the legislation of the Republic of Armenia to the NEB and its participation in civil legal relations. The structure of a Staff of a NEB shall include structural subdivisions (unit, division, secretariat) and separate subdivisions (agency, inspectorate) where the requirements set for them shall be defined by the Government.
15.1. The Staffs of national executive bodies of defence and national security of the Republic of Armenia shall support the full and efficient performance of activities of structural or separate subdivisions established extra-Staff of the NEB.
(paragraph 15.1 supplemented by NH-330-N of December 17, 2008)
15.2. Structural or separate subdivisions established extra-Staff of a NEB under the national executive bodies of defence and national security of the Republic of Armenia may participate in civil legal relations and perform functions of a state administration institution within the scope of their powers.
(paragraph 15.2 supplemented by NH-330-N of December 17, 2008)
15.3. Structural or separate subdivisions established extra-Staff of a NEB under the national executive bodies of defence and national security of the Republic of Armenia may operate in the form of a department, service and other, and structural divisions of the Staff, of structural or separate subdivisions established other than within the Staff may operate in the form of a unit, division, secretariat and other, the requirements set for which shall be defined by the Government.
(paragraph 15.3 supplemented by NH-330-N of December 17, 2008)
15.4. Diplomatic representations (embassies in foreign states, permanent missions to international organizations) and consular offices of the Republic of Armenia are separate subdivisions under National executive body of foreign affairs of the Republic of Armenia established extra-Administration of the latter and operating in foreign states.
(paragraph 15.4 supplemented by NH-139-N of July 25, 2011)
16. An agency shall be a separate subdivision of a state administration institution performing functions of delivering services provided for by law, and — in separate cases — by the legislation of the Republic of Armenia.
17. An inspectorate shall be a separate subdivision of a state administration institution performing supervisory functions and imposing measures of responsibility provided for by law, and — in separate cases — by the legislation of the Republic of Armenia.
18. Territorial policy of the Government shall be implemented by the Marzpets of the Republic of Armenia that coordinate the activities of territorial services of NEBs, except for the cases provided for by law.
(paragraph 18 amended by NH-141-N of June 9, 2009)
19. The powers and the Procedure for the activities of Marzpets of the Republic of Armenia shall be prescribed by the Constitution of the Republic of Armenia, laws of the Republic of Armenia and by decrees and executive orders of the President of the Republic of Armenia adopted on the basis thereof, decisions of the Government of the Republic of Armenia and the Prime Minister.
(paragraph 19 amended by NH-141-N of June 9, 2009)
20. Peculiarities of territorial administration in the city of Yerevan shall be prescribed by law.
II. ARRANGEMENT OF ACTIVITIES OF THE GOVERNMENT
21. The Government shall arrange its activities in accordance with the Government Programme.
22. For each year till January 15 of every year the Government shall develop and approve the Action Plan and Priorities of the Government for the given year based on the social-economic development and the perspectives of the Republic of Armenia, the need for development of separate territories, as well as the requirements posed by emergency situations.
23. The Annual Action Plan and Priorities of the Government shall include those specifically responsible for the implementation thereof based on time frames and sources of funding.
24. The draft Annual Action Plan and draft Priorities of the Government shall be developed by the Staff of the Government on the basis of recommendations of heads of NEBs and Marzpets of the Republic of Armenia.
(paragraph 24 amended by NH-141-N of June 9, 2009)
25. Supervision over ensuring the implementation of the Annual Action Plan and Priorities of the Government shall be exercised by the Staff of the Government.
26. The Staff of the Government shall prepare and submit to the Government a statement on the issues considered in the given quarter within a period of ten days following the end of each quarter, and on the implementation of the Annual Action Plan and Priorities of the Government following the end of the current year.
27. The Government may establish commissions for the solution of problems regarding its activities, preparation and discussion of separate draft legal acts, other issues submitted to the Government or for submitting recommendations, conclusions, statements to the Government about certain events and facts.
III. PROCEDURE FOR SUBMITTING ISSUES FOR
THE CONSIDERATION OF THE GOVERNMENT
28. Issues reserved to the jurisdiction of the Government by the Constitution and laws of the Republic of Armenia ensuing from the Action Plan and Priorities of the Government approved by the Government shall be submitted for the consideration of the Government. Issues may be submitted for the consideration of the Government also in cases requiring urgent solution, as well as in cases provided for by paragraph 120 of this Procedure.
29. Issues shall be submitted for the consideration of the Government by the President of the Republic of Armenia on matters of foreign policy, defence and national security, the Prime Minister and ministers of the Republic of Armenia. In case of absence (temporary inability for work, secondment, leave, vacancy of position) of a minister, issues may be submitted for the consideration of the Government by the respective deputy of the minister.
30. State bodies functioning within the sector of administration of Ministries, bodies of territorial administration, agencies and inspectorates functioning within the structure of Ministries shall submit issues for the consideration of the Government through the minister coordinating the activities in the given sphere, whereas state administration bodies adjunct to the Government, permanently functioning commissions (boards, services) established by laws of the Republic of Armenia, the Chairperson of the Court of Cassation of the Republic of Armenia, the Prosecutor General’s of the Republic of Armenia, the Chairperson of the Central Bank of the Republic of Armenia, as well as local self-government bodies — through the Prime Minister.
(paragraph 30 amended by NH-184-N of August 25, 2010)
31. The following shall be submitted for the consideration of the Government:
(1) relevant draft laws of the Republic of Armenia or draft decisions of the National Assembly of the Republic of Armenia on matters of exercising the right of legislative initiative of the Government;
(2) draft decrees or draft executive orders of the President of the Republic of Armenia;
(3) draft decisions of the Government;
(4) legislative initiatives of deputies of the National Assembly of the Republic of Armenia submitted for the opinion of the Government.
32. Issues not requiring legislative and by-law regulatory solution shall be submitted for the consideration of the Government in the forms of statements, reports, recommendations and other practically applicable forms not conflicting with the requirements of the legislation of the Republic of Armenia that are not subject to coordination as provided for by this Procedure, unless otherwise follows from the assignments serving as a ground for the mentioned documents. In such cases, as well as in cases provided for in paragraph 31(1), (2) and (4) of this Procedure, the Government shall adopt a protocol decision.
33. Only substantiated, not overlapped issues and those pursuing the aim of providing a principally new solution to already solved matters or ensuring their compliance with the requirements of newly adopted legislation shall be submitted for the consideration of the Government.