The Law on Referendum stipulates in which case, under what conditions and under whose initiative a referendum may be held.
Referendum (national voting) is a means to implement directly the authority of the people, to solve important issues of state life, to adopt the laws and decisions of the Republic of Armenia, and to explore the public opinion.
The referendum is held throughout the Republic of Armenia.
The Referendum is held based on the right to universal, equal and direct suffrage by secret ballot. Each citizen has a right to one vote.
The participation in the referendum is free. The oversight over the expression of citizens’ will is forbidden.
Citizens of the Republic of Armenia, who have attained the age of 18 years can participate in the Referendum.
Citizens who have been recognized as incapacitated by a court ruling as well as those that have been sentenced to imprisonment by a court judgment entered into legal force and endure punishment cannot participate in the referendum.
The following issues cannot be submitted to referendum:
- a) Questions on amending Articles 1, 2 and 114 of the Constitution:
CONSTITUTION
Article 1. The Republic of Armenia is a sovereign, democratic, social state governed by the rule of law.
Article 2. In the Republic of Armenia, the power belongs to the people.
Article 114. Discussions on Urgent Topics
In one of the sittings convened during the sittings week of the regular session, discussions on urgent topics of public interest may be held upon the request of at least one fourth of the total number of Deputies.
- b) the issues of prolonging or reducing the powers of incumbent President and incumbent National Assembly as well as incumbent state and local self-governing bodies.
- c) the issues related to human and citizens’ rights, freedoms and obligations, the elimination or restriction of constitutional guarantees providing their implementation, as well as issues directly bestowed to the exclusive competence of state and local self-governing bodies.
Referendum cannot be conducted in a territory comprising over one third of the population of Republic of Armenia in case of declaring state of martial law or state of emergency, as well as within two months after the abolition of state of martial law or state of emergency. A double referendum on the same issue or on an issue having the same content cannot be conducted within a year after the official announcement of the results of referendum.
The right to initiate a referendum on adopting a constitution or amending it belongs to the President and the National Assembly of Republic of Armenia.
After approving the draft of the Constitution or the draft of the constitutional amendments by the procedure defined by a law of Republic of Armenia “National Assembly Rules of Procedure” the National Assembly sends the draft to the President of Republic of Armenia in order to submit it to referendum.
The President of the Republic calls a referendum within 21 days after submitting the draft suggested by the National Assembly
The referendum shall be conducted not early than 45 and not later than 60 days after the official publication of the President’s decree on conducting referendum.
The government has the right to initiate a referendum to reveal public opinion on key issues in public life.
The decision of the Government of the Republic of Armenia on initiating a referendum to ensure public awareness shall be published not later than 21 days before the date of the referendum in the “Official Bulletin of the Republic of Armenia”. The text of the decision shall be forwarded to the mass media within the same period.
Referendum precincts and precinct centers shall be formed not later than 21 days before the referendum day.
The heads of military units shall submit to the relevant community leader, authorized body and the relevant constituency electoral commission no later than 21 days before the referendum the number of persons registered in the military units.
Precinct commissions are formed in accordance with the procedure established for the formation of precinct electoral commissions by the Electoral Code of the Republic of Armenia not earlier than 16 days and no later than 19 days before the referendum for the formation of precinct electoral commissions.
The Authorized Body shall post the lists of citizens authorized to participate in the referendum at a polling station, in a place visible to all, not later than 20 days before the referendum day.
