THE BYLAWS OF THE PUBLIC COUNCIL
Table of Contents
SECTION 1: GENERAL PROVISIONS
SECTION 2: GOALS AND OBJECTIVES OF THE PUBLIC COUNCIL
SECTION 3: STRUCTURE AND BODIES OF THE PUBLIC COUNCIL
SECTION 4: PROCEDURE OF FORMING THE PUBLIC COUNCIL
SECTION 5: PROCEDURE OF ORGANIZING ACTIVITIES OF THE PUBLIC COUNCIL
SECTION 6: TERMINATION OF POWERS OF THE PUBLIC COUNCIL MEMBER
SECTION 7: ENSURING OF OPERATIONS OF THE PUBLIC COUNCIL
SECTION 1:GENERAL PROVISIONS
1.The Public Council is an advisory body formed by the President of the Republic of Armenia.
2.The Public Council shall promote development of democratic system and ensuring of fundamental rights and freedoms of an individual and a citizen; prevention of occurrence of intolerance atmosphere in the society; sustainable development and strengthening of civil society; development of mutual trust between state authorities and citizens, other publicassociations (civil institutions); promotion of dialogue and reliable partnership relations between the public and the state authority; increasing the level of their involvement in the government of the state, as well as fulfillment of public supervision.
3.The Public Council shall be an apoliticalized body, which activities rely on the principle of volunteer participation of the RA citizens, publicassociations, and representatives of the Diaspora.
4.The Public Council shall implement its activities pursuant to the RA Constitution, statutes, orders and decrees of the RA President, the present Bylaws and other normative legal acts.
5.The Public Council shall submit to the RA President recommendations on amendments to and restatement in the Bylaws, by the decision of at least two thirds of the votes of the Public Council members.
6.The place of location of the Public Council shall be the city of Yerevan.
SECTION 2: GOALS AND OBJECTIVES OF THE PUBLIC COUNCIL
7.The goals of the Public Council shall include:
1)Representation of interests of the RA citizens, publicassociations in elaboration and execution of the state policies;
2)Contribution to building of healthy moral and psychological atmosphere in the RA, by stimulating active participation of citizens and publicassociations in the process of public administration (science, education, culture, social security, economy, nature protection, security, maintaining the RA constitutional order, etc.);
3)Increasing effectiveness of activities of the state bodies, by building capacities to meet exceptions of the main section of the public;
4)Development of the civil society, by promoting ways of rooting participatory administration and healthy traditions in the public life;
5)Drawing the attention of the RA President on issues of public resonance and importance, through alternative approaches and standpoints of the public and expert circles;
6)Assisting in the implementation of civil initiatives directed at protection of legitimate interests, rights and freedoms of the RA citizens, publicassociations;
8.The objectives of the Public Council shall include:
1)With the involvement of citizens, public organizations and associations, as well as forces of other civil society institutions, raising of such issues of public importance, which are not included in the priorities of the state policies, or lack due attention in the state programs, and based on expert conclusions thereof, submitting of recommendations to the President of the RA;
2)Conducting of public expertise of the RA draft laws and other normative legal acts (including draft legal acts of local self-government bodies);
3)Clarifying and analyzing of state policy priorities regarding enhancement and development of civil society in the RA, and submitting recommendations thereof to the state government bodies;
4)Conductingpublic expertise of issues, draft laws and decisions of public resonance, as well as public expertise of other recommendations and initiatives, and submitting conclusion thereof to the President of the RA;
5)Reviewing and analyzing recommendations and complaints submitted by the RA citizens, publicassociations and other organizations, and submitting recommendations to the RA President regarding reasons for origination thereof;
6)Implementing public supervision, by contributing to the increaseof the level of public trust towards the public administration system;
7)Involvement of citizens, publicassociations and mass media representatives in discussions on topics regarding protection of freedom of speech, enforcement of the right of citizens to disseminate information in the manner determined by law, ensuring of mass media and freedom of speech guarantees, and submission of conclusions and recommendations thereof;
8)Ensuring international collaboration on matters of interest from a perspective of works of the Public Council.
SECTION 3: STRUCTURE AND BODIES OF THE PUBLIC COUNCIL
9.The Public Council shall be comprised of thirty-six (36) members.
10.Any person having attained the age of eighteen, irrespective of his/her nationality, race, religion or belief, political or other views, social origin, property or other position, may become a member of the Public Council.
11.The following persons shall not be entitled to become a member of the Public Council:
1)The President of the RA, Deputies of the National Assembly, members of the RA Government, members of the Constitutional Court, judges, heads of public administration and local self-government bodies, employees/servants in the armed forces, police, national security and prosecutor’s office.
2)Persons recognized incapable or of limited capacity through a judicial procedure;
3)Persons sentenced for a crime, whose previous conviction has not been expunged or extinguished;
4)Persons having avoided mandatory military term service.
12.The Public Council shall be led by the Chairman of the Public Council appointed by the President of the RA from among the members of the Public Council. The Chairman of the Public Councilshall performthe general management of activities of the Public Council.
13.In the absence of the Chairman of the Public Council, he/she shall be replaced by one of the Public Council members, on the instruction of the Chairman of the Public Council;
14.Twelve committees (hereinafter referred to as the “Public Council Committee” or the “Committee”) shall be formed and functioning adjunct to the Public Council.
15.The Public Council Committees, and spheres of activities thereof, shall be:
1)Committee on Science, Education, Culture, Youth and Sport (science, education, publication, culture, youth, sport);
2)Committee on State and Legal Affairs (constitutionalamendments, electoral system, public service, judiciary, justice, prosecutor's office, civil, criminal and administrative legislation);
3)Committee on Civil Society Development (human and civil rights and freedoms, parties and other public associations, press, radio, TV, and other mass media);
4)Committee on Financial-Economic and Budgetary Affairs (taxes, duties, payments, industry, urban development, energy, transportation, communication, telecommunications, state property management, budgetary legislation, loans, credits, money, money turnover, banking system, financial-credit organizations);
5)Committee on Agriculture and Environment (agriculture, natural resources, nature protection);
6)Committee on Health Care and Social Affairs (health care, maternity, childhood, birth rate, food safety, families of perished freedom fighters, social security, disability, labor, employment, housing conditions, veterans);
7)Committee on Territorial Administration and Local-Self Government (territorial administration, self-government, territorial development, community service, local taxes, duties and payments);
8)Committee on Defense, National Security and Internal Affairs (defense, security, emergency situations, police, military-industrial complex, military-educational institutions, military and police services);
9)Committee on Entrepreneurial Activities and Consumers’ Affairs (entrepreneurial activities, trade and services, consumers’ rights);
10)Committee on National Minority Affairs (issues regarding national minorities);
11)Committee on Demographic and Gender Affairs;
12)Committee on Religion, Diaspora and International Integration Affairs (religious organizations, Diaspora organizations and issues,ensuring consistency of activities with international organizations).
16.The Committees operate by spheres, which are determined coming out of the necessity of effective discharging of the Public Council’s functions.
17.The Public Council members shall be entitled to participate in the works of the Public Council Committees.
18.The Public Council members, representatives of public associations and other individuals participating in the works of the Public Council may be included in the working groups of the Public Council.
SECTION 4: PROCEDURE OF FORMING THE PUBLIC COUNCIL
19.The twelve (12) members of the Public Council appointed by the RA President, with the view of forming committees, shall apply to organizations, associations, patriotic and creative unions, youth and student organizations, mass media, unions of veterans, scientific-educational organizations, unions of consumers’ rights protection, businessmen and manufacturers, religious organizations, Diaspora structures, local self-government bodies and other structures of respective spheres, with the request to nominate representatives to serve in the composition of the Public Council Committees.
20.Bodies specified under Article 19 hereinabove, within 30 days, may submit, in writing, to the Public Council candidacies of members to serve in the Committees.
21.Within one week, Committees elect 12 members (also deemed chairpersons of Committees) from among their members to serve in the composition of the Public Council and submit their candidacies to the approval of the RA President.
22.Each of the twenty-four (24) members of the Public Council shall nominate one candidate to the Public Council (with the total number of twenty-four candidates), from which twelve (12) persons having received highest scores (as per 24-score evaluation system) are offered to serve in the Public Council.
23.After receiving the consent of twelve (12) individuals to serve in the Public Council, twenty-four (24) members of the Public Council submit their composition to the approval of the RA President.
24.After the formation of the Public Council, the RA President appoints the Chairman of the Public Council from among its members.
25.The first session of the Public Council shall be convened not later than in ten (10) days after the date of formation thereof. The session of the Public Council shall be deemed competent, if it is attended by two thirds of the Public Council members.
26.Powers of the Public Council members shall terminate after four (4) years following the date of convening the first session thereof.
27.In sixty days prior to the termination of powers of the Public Council members, the RA President initiates the process of forming a new composition of the Public Council, pursuant to the procedure prescribed herein.
SECTION 5: PROCEDURE OF ORGANIZING ACTIVITIES OF THE PUBLIC COUNCIL
28.The Public Council members shall participate,in person, in sessions of the Public Council, works of the Committees and working groups.
29.The Public Council member shall be entitled to express opinion freely on any matter regarding the activities of the Public Council, the Committees and the working groups.
30.When exercising their powers, the Public Council members shall not be constrained by decisions of public associations and other organizations.
31.The Public Council Committee member may participate, by advisory vote, in the session of the Public Council, if the issue /agenda item/ discussed in such session relates to the sphere(s) reserved to the particular Committee.
32.The Public Council may involve public associations and citizens in its works.
33.The Public Council shall organize its activities through sessions, sessions and assize sessions of the Public Council and the Committees, sessions of working groups, public hearings, and receptions of citizens, meetings and other means ensuring effective exercising of its authorities.
34.The Public Council sessions shall be called not less than once in a quarter. On the initiative of two thirds of the Public Council members, the Public Council may convene a special (extraordinary) session.
35.To exercise authorities vested in it more effectively, the Public Council may:
1)Initiate discussions of issues having public resonance;
2)Submit conclusions to competent authorities about violations of the RA laws by public administration and local self-government bodies and officials thereof;
3)Carry out expert examination of drafts of the RA laws and normative legal acts;
4)Invite, through the Staff of the RA President, heads of the state and local self-government bodies, to participate in sessions of the Public Council;
5)Invite, through the Chairman of the Public Council, other officials to participate in sessions of the Public Council.
36.For discharging of duties vested in the Public Council members by the Bylaws, members of the Public Council may participate in sessions of the RA National Assembly and its committees, in cases and in conformity with the procedure defined by the Rules of Procedure of the RA National Assembly and, if necessary, participate in joint sessions and working discussions of the government and executive bodies, in cases and pursuant to the procedure defined by the Decree of the RA President on Organization of Operations of the RA Government.
37.The Public Council member, authorized by corresponding decision the Public Council, upon the consent of local-self government bodies, may participate in sessions of the particular local self-government body.
38.Notwithstanding cases stipulated hereof, decision of the Public Council shall be adopted by simple majority vote of the Public Council session participants.
39.Decisions of the Public Council shall be adopted in the form of conclusions, recommendations and messages bearing advisory nature.
40.The Public Council members shall be entitled to submit a special opinion, which shall be necessarily attached to the decision of the Public Council.
41.By the decision of the Public Council, the Committee shall be entitled to carry out expert examination of drafts of the RA laws and normative legal acts.
42.By the decision of the Public Council, expert examination is provided on such draft amendments and/or restatements to the RA laws and the RA Constitution, which relate to the state policies in such spheres as science, education, culture, health care, social security, nature protection, human rights, and maintenance of public security and order.
43.Conclusions of the Public Council shall be disclosed at sessions of the RA National Assembly and respective Standing Committee thereof, in cases and pursuant to the procedure stipulated by the “Rules of Procedure of the National Assembly” RA Law.
44.Conclusions of the Public Council regarding draft legal acts of the RA Government shall be subject to disclosure at the RA Government sessions, in cases and in the manner defined by the procedure for the organization of operations of the RA Government.
45.Conclusions of the Public Council regarding draft legal acts of local self-government bodies shall be sent to the respective local self-government authority.
46.The Public Council shall organize public discussions on issues related to the most important areas of the public life.
47.Each year, the Public Council shall publish its annual report.
SECTION 6: TERMINATION OF POWERS OF THE PUBLIC COUNCIL MEMBER
48.Powers of the Public Council member shall terminate pursuant to the procedure stipulated under the Bylaws of the Council, if:
1)his/her term of office has expired;
2)he/she has submitted an application on self-withdrawal;
3)he/she has been recognized incapable or of limited capacity through a judicial procedure;
4)he/she has failed,for unreasonable excuse, to participate in the works of three consecutive sessions of the Public Council;
5)he/she suffers such illness, which may impede exercising of his/her powers in the Public Council;
6)there is a legally enforce court conviction against him/her;
7)requirements of Article 11 hereof are not met;
8)he/she has passed away.
49.In the event of early termination of powers of the Public Council member, a new member of the Public Council shall be included in the composition thereof, in compliance with the procedure defined hereof, depending on the procedure the member, whose powers are terminated, has been appointed or elected.
SECTION 7: ENSURING OF OPERATIONS OF THE PUBLIC COUNCIL
50.The staff of the President of the RA shall ensure regular operations of the Public Council.
51. For ensuring informational coverage ofactivities of the Public Council and involving the general public in issues discussed by the Public Council, the homepage of the Public Council shall be operational.
52.Information programs approved by the Public Council may be broadcast by the Public TV and Radio Company.
53.The Public Council may issue its periodical, in compliance with the procedure established by the RA legislation.
54.Expenses of the member of the Public Council, as well as the member of the Public Council Committee, associated with activities of the Public Council shall be reimbursed.
55.The state and the local-self government bodies and officials thereof shall provide information regarding inquires of the Public Council, in accordance with the procedure defined by the RA Law on “Freedom of Information”.
56.The state and local-self government bodies and officials thereof shall assist, in compliance with the procedure defined by the RA legislation, members of the Public Council in exercising of their authorities.
57.The Public Council member shall be given a certificate, for the term of his/her powers.
K. KARAPETYAN
CHIEF OF STAFF OF THE PRESIDENT OF THE REPUBLIC OF ARMENIA