Resignation of the Government and its formation

Following the Article 55 of Armenian Constitution, the Republic's President must accept resignation of the government on the day of

1. first sitting of newly elected Nation Assembly
2. assumption of the office by the President of the Republic
3. expression of the vote of no confidence to the Government
4. resignation of the Prime Minister
5. vacant position of Prime Minister

Later on the Prime Minister must be appointed by the President of the Republic. The elected Prime Minister should enjoy the confidence of majority Deputies and if this is impossible the confidence of maximum number of the Deputies. Ministers must be appointed within 20 days after Prime Minister is appointed. After these the Government is considered to be formed. All the ministers, including the prime minister, must be citizens of the Republic of Armenia. The structure of the Government must be defined by law in regard to recommendation by the Government. The procedure for the organization of operations of the Government and other public administration bodies under the Government must be defined by the decree of the President upon the submission of Prime Minister.

The role of the Prime Minister is that it should supervise the Government activities, coordinate the work of the Ministers and it should adopt decisions on the organization of Government activities. In addition, decisions passed by the Government must be signed by the Prime Minister. The president has the right to suspend Governmental decisions for one month for checking the compliance of decisions with the constitution. Government decisions about appointment or dissolution of the governors must be approved by the President.

The president has a right to invite and head government sittings about issues of defence, foreign policy or national security.

The mission of Government

According to article 85 of the Armenian constitution, the Government shall develop and implement the domestic policy and it should implement foreign policy of the Republic of Armenia jointly with the President of the Republic of Armenia.

By virtue of the Constitution, the international treaties, the laws of the Republic of Armenia, or the decrees of the President of the Republic and to ensure the implementation thereof the Government shall adopt decisions, which shall be subject to observance in the whole territory of the Republic"

Responsibilities of the Government

As it is defined in the Article 89 of the Constitution of Armenia the Government shall:

1) submit its program to the National Assembly for approval in accordance with Article 74 of the Constitution; 2) submit the draft state budget to the National Assembly for approval, ensure the execution of the budget and submit financial reports on the budget execution to the National Assembly; 3) manage the state property; 4) implement unified state policies in the areas of finances, economy, taxation, loans and credits; 4.1) implement the state territorial development policy. 5) implement state policies in the areas of science, education, culture, health, social security and environmental protection; 6) ensure the implementation of the defense, national security and foreign policies of the Republic; 7) ensure maintenance of law and order, take measures to strengthen the legal order and ensure rights and freedoms of the citizens; 8) perform other functions and powers provided by the Constitution and laws. ^[2]

Program and Budget of the Government

The Article 74 of the Constitution of Armenia states that the government must within twenty days of its formation present its developed program to the National Assembly of the Republic. Later on the National Assembly should discuss and vote for the approval of the program within five days after its presentation. The President shall dissolve the National Assembly if it does not give an approval to the program of the Government two times in succession within two months.

Regarding state budget, The Government shall submit the draft of the state budget to the National Assembly at least ninety days prior to the beginning of the fiscal year. The Government may put forward a motion of its confidence in conjunction with the adoption of the state budget. If the National Assembly does not express no confidence in the Government then the state budget as well as the amendments approved by the Government shall be considered adopted.

If the National Assembly expresses no confidence in the Government in conjunction to the draft of the state budget, the new Government shall submit the draft state budget to the National Assembly within a period of ten days after the approval of its program. This draft shall be debated and voted on by the National Assembly within a period of thirty days in accordance with the procedure defined by this Article.^[3]

Restriction on members of Government

According to Article 88 of Armenian Constitution "A member of Government can not be engaged in hold an office in commercial organizations or in state and local self-government bodies not connected with his/her duties, or be involved in entrepreneurial activities, save for pedagogical creative, and academic activities."^[3]

Powers on local self-governed communities

Articles 109 and 110 of Armenian Constitution state that the Government may remove the Head of Community in cases prescribed by the law on the basis of the conclusion of the Constitutional Court. The communities may, based on the interests of the public, be merged with each other or separated by the law. The appropriate law shall be adopted by the National Assembly upon the recommendation of the Government. Before submitting the legislative initiative the Government shall appoint local referendums in those communities. The outcomes of the local referendums shall be attached to the legislative initiative. The communities may be merged or separated irrespective of the outcomes of the local referendums.^[4]

Regional governors

Based on Article 88.1, regional governors are appointed and dismissed by decisions of Government and they are validated by the President. The Regional Governors shall pursue the territorial policy of the Government, coordinate the activities of the territorial services of the executive bodies, save for cases prescribed by the law.^[4]

Powers regarding legislative initiatives

The Government has a right of legislative initiative. It has the right to determine the sequence of the debate for its proposed draft legislation and can demand that they be voted only with amendments acceptable to it.

The Government may put forward a motion on confidence in the Government in conjunction with the adoption of a draft law proposed by the Government. If within twenty four hours after the Government has raised the question of the vote of confidence a minimum of one third of the total number of Deputies does not put forward a draft resolution on expressing no confidence in the Government or if no resolution on expressing no confidence in the Government is adopted by the majority of the total number of Deputies the draft law proposed by the Government shall be considered adopted. However, the Government can not put the motion on confidence more than two times in any single session.^[4]