LAW OF THE REPUBLIC OF ARMENIA

of June 28, 2017 No. ZR-98

About modification and amendments in the Law of the Republic of Armenia "About public service"

Accepted by National Assembly of the Republic of Armenia on June 9, 2017

Article 1. In heading of Chapter 7 of the Law of the Republic of Armenia of May 26, 2011 ZR-172-N "About public service" (further - the Law) words", property and the income" shall be replaced with words ". property, income and interests".

Article 2. To state article 32 of the Law in the following edition:

"Article 32. Obligation of declaring of property, income, interests and affiliates

1. In sense of this Law, official persons customs applicants are the high-ranking officials, and also persons holding the highest positions of civil service not being the high-ranking officials; persons holding the highest positions of public service in the office of National assembly of the Republic of Armenia; the principal secretary and the head of the allocated division of the office of the Ministry of Foreign Affairs of the Republic of Armenia; persons holding positions of the highest group of public service of Special investigative service of the Republic of Armenia, service in the Investigative Committee of the Republic of Armenia, department of the Investigative Committee of the Republic of Armenia; chief of staff of Special investigative service of the Republic of Armenia and his deputy; heads of the state bodies operating in the field of management of the ministries of the Republic of Armenia and their deputies; persons holding positions of the highest group of judicial service; persons holding the highest and main positions of special services, except for persons holding the main positions in republican executive bodies of defense, homeland security and rescue services; persons holding the main positions of the criminal and executive services and services providing forced execution of court resolutions; prosecutors; investigators of bodies of homeland security, Tax, Customs Services, Investigative Committee and Special investigative service; heads of municipalities with the population of 15 000 and more inhabitants; heads of administrative areas of the city of Yerevan; members of council on appeal of purchases.

2. Official person customs applicant according to the procedure, provided by this Law, represents to the Commission on ethics of the high-ranking officials the declaration on property, the income, and the high-ranking official - also the declaration on interests.

3. Official persons customs applicants in the cases and procedure provided by this Law represent the declaration on affiliates to the Commission on ethics of the high-ranking officials.

4. In sense of this Law, persons which are family composition of official person customs applicant: the spouse (a), the minor child (including adopted), person which is under guardianship or care of official person customs applicant, each person living together with official person customs applicant - in the cases and procedure established by this Law for official person customs applicant represent the declaration on the property and the income to the Commission on ethics of the high-ranking officials. The declaration of the minor child is represented by official person customs applicant.

5. In sense of this Law, jointly living is considered person living with the official person customs applicant 183 and more days preceding day of assumption of office or its termination or within year of declaring.

6. Non-presentation of declarations of official person customs applicant, and also person which is part of his family with observance of the requirements, procedure and terms established by this Law and the Commission on ethics of the high-ranking officials attracts the responsibility provided by the law.

7. Owing to the fact of submission of the declaration the official person customs applicant and person which is part of his family give to the Commission on ethics of the high-ranking officials the credit history for the accounting period and consent to acquaintance with the data connected with the securities including made on them by transactions.".

Article 3. Add the law with Article 32.1 of the following content:

"Article 32.1. The notice on appointment of official person customs applicant to position and about dismissal

1. The chief of staff of state body or local government body or person performing functions of the chief of staff in three-day time after appointment of official person customs applicant to position or dismissal in this body informs the commission in the form established by the commission.".

Article 4. To state article 33 of the Law in the following edition:

"Article 33. Terms of declaring and modification of the declaration

1. Official persons customs applicants represent declarations as of day of the introduction or the termination of job responsibilities within 30 days following behind these days to the High-ranking commission on ethics of officials. Specified persons during continuance in office also represent declarations as of December 31 every year no later than March 30 of the year following after this year.

2. If official person customs applicant within 15 days after the termination of the powers is appointed (is elected) to the position providing declaring obligation according to this Law, then it does not represent the declaration as of day of the termination and the introduction to job responsibilities.

3. Official person customs applicant, person which is part of his family can address before the expiration established by the law for publication of declarations to the Commission on ethics of the high-ranking officials for the purpose of error correction found in their declarations. The term provided for error correction cannot exceed five working days. In case of non-presentation of declarations in specified term the commission assumes as a basis initially provided declarations.

4. Official person customs applicant, person which is part of his family, after accountability, the Republic of Armenia provided by the Code of Administrative Offences, in time, established by the specified Code, addresses to the Commission on ethics of the high-ranking officials for the purpose of correction of the specified data in declarations.

5. In case of receipt of the statement provided by part 3 of this Article, and error correction at the scheduled time the Commission does not initiate production.".

Article 5. In article 34 of the Law:

The word "high-ranking" to replace 1) with the word "customs applicant";

2) regarding 2 words "jointly the living parent, and also the minor jointly living and not married child" shall be replaced with words "other persons which are family composition, specified regarding the 4th article 32 of this Law";

3) regarding 3 words "jointly the living parent, and also the minor living together with him and not married child" shall be replaced with words "other persons which are family composition, specified regarding the 4th article 32 of this Law".

Article 6. In article 35 of the Law of the word of "The high-ranking official, his spouse (spouse) who is living together with it the parent, and also living jointly the minor and not married child" shall be replaced with words "Official person customs applicant, his spouse (spouse), other persons which are family composition, specified regarding the 4th article 32 of this Law".

Article 7. Add the Law with Article 36.1 of the following content:

"Article 36.1. Contents of the declaration on interests

1. In the Section "Participation in the Commercial Organizations" declarations are specified the name of the organization, at least 10 percent are the founder or the participant the high-ranking official and (or) persons who are part of his family, the address.

2. In the Section "Representation in Governing Bodies, Administrative or Regulatory Authorities of the Commercial Organizations" the name and the address of the organization, in governing bodies which administrative or regulatory authorities the high-ranking official, and also the status of person in this organization is provided are specified to the declaration.

3. In the Section "Broadcast of Share in the Commercial Organization with Participation of the High-ranking Official in Trust Management" the name and the address of the organization, dale of the high-ranking official in which it is delivered in trust management, or name, surname, middle name, passport data of the trustee, and also day, month, year of imprisonment of the agreement on trust management, the duration of the agreement, are specified to the declaration.

4. In the Section "Membership in Non-profit Organizations and Representation in Their Governing Bodies, Administrative or Regulatory Authorities" declarations are specified the name of non-profit organization in which the high-ranking official consists or it is provided in its governing bodies, administrative or regulatory authorities, the address, the status of person to the organizations.

5. In the Section "Membership in Batches and Representation in Their Governing Bodies, Administrative or Regulatory Authorities" declarations are specified the name of batch in which the high-ranking official consists or it is provided in its governing bodies, administrative or regulatory authorities, the status of person to batches.

6. In the Section "The Agreements Signed by the High-ranking Official and Persons Which Are Part of His Family and also the Organizations with Their Participation with the Republic of Armenia or Municipalities" agreements are specified to the declaration, the price (cost) of which exceeds 5.000.000 (five million) dram of the Republic of Armenia or equivalent foreign currency amount, agreement type, the parties, their addresses, the conclusions of the agreement drawn about process, day, month, agreement year of imprisonment, effective period, and also the price (cost).".

Article 8. In article 37 of the Law:

To add 1) with part of 1 following content:

"1.1. The commission within seven days after entering of the declaration in the register provides its publication on the official site.";

Part 2 to add 2) with the new paragraph of the following content:

"The declaration of the minor is not subject to publication.";

To add 3) with parts 4 and 5 of the following content:

"4. In case of the termination of powers of official person customs applicant of the declaration of official person customs applicant and persons which are part of his family remain published within year after the termination of powers. If within year he does not enter the position providing declaring obligation again, these declarations are archived. In case of the introduction its archived declarations are recovered and published by this person in the position providing declaring obligation after this term.

5. The procedure and conditions of archiving of declarations are established by the Commission on ethics of the high-ranking officials.".

Article 9. Add the law with Articles 38.1 and 38.2 of the following content:

"Article 38.1. Office of the Commission on ethics of the high-ranking officials

1. Normal activities of the Commission on ethics of the high-ranking officials are provided by its device.

2. The number of persons employed and the staff list of the device according to the offer of the Commission on ethics of the high-ranking officials approves the Government of the Republic of Armenia, and structure and the charter - the Commission.

Article 38.2. Public service in the office of the Commission on ethics of the high-ranking officials

1. Professional activity in the office of the Commission on ethics of the high-ranking officials, except for the labor activity connected with functions on maintenance is civil service, and the workers holding the corresponding positions in the device - civil servants.

2. The relations connected with service in the office of the Commission on ethics of the high-ranking officials are regulated by the Law of the Republic of Armenia "About civil service".".

Article 10. Add the law with Article 41.1 of the following content:

"Article 41.1. Financing of the Commission on ethics of the high-ranking officials

1. The commission on ethics of the high-ranking officials is financed by means of the government budget, and also not prohibited by the law of other means.

2. The commission on ethics of the high-ranking officials according to the procedure, established by the Law of the Republic of Armenia "About budget system of the Republic of Armenia", and in time, established by the decision the Prime Minister of the Republic of Armenia about the beginning of budget process the forthcoming year, annually constitutes and submits to the Ministry of Finance of the Republic of Armenia the request for its budget financing for the forthcoming year (the project of expense budget of the Commission).

3. Approval of indicators of the request for budget financing of the Commission on ethics of the high-ranking officials and their inclusion in the draft of the government budget are performed according to the procedure, established by the Law of the Republic of Armenia "About budget system of the Republic of Armenia".

4. The copy of the request for budget financing of the Commission on ethics of the high-ranking officials submitted to the Government of the Republic of Armenia together with the draft of the government budget the forthcoming year is represented in National assembly of the Republic of Armenia.

5. In account part of the government budget expenses of the Commission on ethics of the high-ranking officials are represented separately.".

Article 11. To recognize part 3 of article 42 of the Law invalid.

Article 12. In article 43 of the Law:

1) in Item 2 of part 1 of the word "analysis and" shall be replaced with words "regulation of process of the analysis and … declarations";

Part 1 to add 2) with Item 7 of the following content:

"7) hearing of cases about administrative offenses and purpose of administrative punishments in the procedure established by the legislation in case of non-presentation by official person customs applicant, and also person which is the part of his family, the declarations provided by this Law, the Commission on ethics of the high-ranking officials in time established by the law or representation with violation of requirements to filling of declarations or procedure for representation or representation on imprudence of incorrect or incomplete data in the declaration.".

Article 13. Add the law with Article 43.1 of the following content:

"Article 43.1. Analysis of declarations

1. The commission on ethics of the high-ranking officials performs:

1) check of observance of requirements to filling and submission of the declaration;

2) check of reliability and completeness of the declared data.

2. The methodology and procedure for the analysis of declarations are established by the Commission on ethics of the high-ranking officials.

3. In the course of the analysis of declarations the Commission on ethics of the high-ranking officials is competent to demand (including in the form of electronic request) from the state bodies and local government bodies, the Central depositary and other persons having the right to maintaining the register of owners (nominees) securities, credit bureaus of the data, the documents connected with the official person customs applicant and persons which are part of his family and to receive them, except as specified, provided by the Law of the Republic of Armenia "About bank secrecy".

Data and documents are provided to the Commission on ethics of the high-ranking officials free of charge, in perhaps short time, but no later than within 10 days after receipt of request if in request other term is not specified, or the addressee of request does not offer other reasonable time which cannot exceed 30 days for accomplishment of the requirement. The central depositary and other persons having the right to maintaining the register of owners (nominees) securities and also credit bureaus provide the information and documents free of charge in case of giving by the Commission on ethics of the high-ranking officials of requests in the quantity equal to the number of the declarations provided by each official and person which is part of his family.

4. In the course of the analysis of declarations interaction of information base of the Commission on ethics of the high-ranking officials with bases of the state bodies and local government bodies, the organizations specified in part 3 of this Article developed according to the procedure, established by the legislation of the Republic of Armenia, and online access of the Commission to the data which are subject to declaring is provided.

5. If in analysis result of declarations there are good causes to conclude that the declaration is not submitted in time, established by the law, or is provided with violation of relevant requirements and procedure, or the declared data are incorrect or incomplete, then the Commission on ethics of the high-ranking officials performs production on consideration of the case about administrative offense.".

Article 14. To add article 44 of the Law with part 7 of the following content:

"7. If in production process on administrative offense the Commission on ethics of the high-ranking officials comes to conclusion that in committed act there are strong indications of deliberate non-presentation of the declaration or submission of false data in declarations or concealments of the data which are subject to declaring, then sends production materials with the motivated decision without delay, but no later than in three-day time in the Prosecutor General's Office of the Republic of Armenia, having made the decision on cessation of production.

The Prosecutor General's Office of the Republic of Armenia shall report about results of studying of materials of the Commission on ethics of the high-ranking officials, having attached the copy of the relevant decision.

In five-day time from the moment of receipt of the decision on variation of initiation of legal proceedings, suit abatement, the termination of criminal prosecution or non-realization of criminal prosecution the Commission on ethics of the high-ranking officials resumes the suspended production, and in case of receipt of the conviction which took legal effect in the same time stops production.".

Article 15. Add the law with Article 52 following of content:

"Article 52.

1. The structure and the charter, number of persons employed and the staff list of the office of the Commission on ethics of the high-ranking officials affirm within a month after entry into force of this Law.

2. The corresponding appointments in the office of the Commission on ethics of the high-ranking officials are made within three months after approval of structure and the charter, number of persons employed and the staff list of the office of the Commission.

3. After entry into force of this Law, till September 15, 2017, official persons customs applicants (except for, high-ranking official staying as persons) represent to the Commission on ethics of the high-ranking officials the declaration on property, the income and affiliates as of day of entry into force of this Law.

4. Regulations on submission by the high-ranking officials of the declaration on interests become effective since January 1, 2019.

The high-ranking officials for the first time represent the declaration on interests till March 30, 2019 - as of January 1 of the same year.

5. After entry into force of this Law members of the commission on ethics of the high-ranking officials continue to stay in position before forming of the Commission on prevention of corruption.".

Article 16. This Law becomes effective since July 1, 2017.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info