Transitional and final provisions

1. This Code shall enter into force from 1 June 2016

2. The Electoral Code of the Republic of Armenia adopted on 26 May 2011 shall be repealed upon the entry into force of this Code, except for cases prescribed by part 3 of this Article.

3. Elections of head of community and members of council of elders called before 1 September 2017 shall be organised and held in accordance with the regulations of the Electoral Code of 26 May 2011, except for the provisions prescribing the right to elect and to be elected during elections of head of community and member of council of elders, which is regulated in accordance with the provisions prescribed by this Code.

After the entry into force of this Code, elections of council of elders shall be held in Gyumri and Vanadzor communities under the proportional electoral system provided for by this Code, while elections of head of community and member of council of elders shall not be held. The voting for the elections of councils of elders called in Gyumri and Vanadzor communities before 1 September 2017 shall be organised and held, and the election results shall be summarised by constituency (district) electoral commissions in accordance with the regulations of the Electoral Code of 26 May 2011 prescribed for the election of the Council of Elders of Yerevan.

Before 1 September 2017, during elections of the Councils of Elders of Gyumri, Vanadzor, as well as of head of community and member of council of elders, the lists of electors shall be drawn up in accordance with the requirements of the Electoral Code of 26 May 2011 for lists of electors, which includes persons, prescribed by this Code, having the right to elect during elections of local self-government bodies.

Accreditation of non-governmental organisations carrying out observation missions during elections of the councils of elders, head of community and members of council of elders of Gyumri and Vanadzor shall be carried out in accordance with the provisions of the Electoral Code of 26 May 2011. Qualification certificates shall not be required from observers of organisations carrying out observation mission, and the requirement prescribed by part 8 of Article 31 of this Code shall be effective from 1 January 2017.

The Central Electoral Commission may, before 1 September 2017, adopt a decision on organising and holding, as a pilot project, voting for the elections of local self-government bodies in separate communities in accordance with the regulations of this Code. Subject to the implementation of the pilot project, the Central Electoral Commission shall be entitled to change the voting day for self-government body by setting a new day.

4. The Central and constituency electoral commissions functioning before the entry into force of this Code shall exercise their powers until the day of convening the first sitting after formation of the Central and district electoral commissions, respectively, as provided for by this Code. 

Where the term of powers of any member of the Central Electoral Commission expires before the entry into force of this Code before formation of the new Central Electoral Commission, those members shall continue to hold office until the formation of the new Central Electoral Commission.

5. The Central Electoral Commission must be formed before 1 November 2016.

The first sitting of the Central Electoral Commission shall take place on the 3rd working day following the formation of the Central Electoral Commission, at 12:00. The Central Electoral Commission shall be considered as formed after the 2/3 of the composition of the Commission has been elected.

6. The Central Electoral Commission shall — before 1 December 2016 — designate the service areas of district electoral commissions, the seats and numbers of district electoral commissions. District electoral commissions shall be formed within a 21-day period after designating the service areas of district electoral commissions and the seats of district electoral commissions. The first sittings of district electoral commissions shall be called by the Central Electoral Commission.

7. Part 6 of Article 42 of this Code shall enter into force from the moment of assuming of powers by the newly-elected President of the Republic.

8. After the entry into force of this Code, before the elections of the new National Assembly, in part 5 of Article 44 of this Code, the number of mandates of Deputies of the National Assembly shall be 90, whereas the number of mandates received by a political party of the National Assembly shall be taken as the number of mandates received by a political party of the National Assembly under the proportional electoral system.

9. The requirement prescribed by Article 97 and Article 98 of this Code on coming to an agreement as to the candidate for Prime Minister and recommending the latter shall enter into force from the moment of assuming of powers by the newly-elected President of the Republic.

10. After the entry into force of this Code, before the election of the new National Assembly, the mandate of the Deputy — who has been elected under the proportional electoral system of the National Assembly and whose powers have early terminated — shall be given to the next candidate in sequence in the electoral list of that political party upon a protocol of the Central Electoral Commission within a 1-week period after notifying the Commission. Where there is no other candidate in the electoral list, the mandate shall remain vacant.

11. After the entry into force of this Code, before the election of the new National Assembly, the mandate of the Deputy — who has been elected under the majoritarian electoral system of the National Assembly and whose powers have early terminated — shall remain vacant.

12. After the entry into force of this Code, regulatory decisions of the Central Electoral Commission shall be effective to the extent they do not contradict this Code.

13. Qualification certificates for being included in an electoral commission and certificates for carrying out observation mission received based on a test in accordance with the Electoral Code of the Republic of Armenia adopted on 26 May 2011 shall be considered as invalid from 31 December 2016.

14. Before 1 January 2021, during elections of the National Assembly, the councils of elders of communities in which elections are held through the proportional electoral system, in the first part of the national electoral list of a political party, alliance of political parties and each of the political parties included in the alliance, the number of representatives of each sex, starting from the 1st place on the list, must not exceed 75 per cent in each integer group of 4 (1-4, 1-8, 1-12 and subsequently up to the end of the list), and the number of representatives of each sex in the district electoral list of a political party (alliance of political parties) running in elections must not exceed 75 per cent.

15. Before 1 January 2021, during elections of the National Assembly, the mandate of a Deputy from the first part of the national electoral list — who has waived the mandate or who has been elected as Deputy and whose powers have been early terminated — shall be given to the next candidate in sequence in the first part of the national electoral list of that political party upon a protocol of the Central Electoral Commission, within a 1-week period after notifying the Commission thereon, and where as a result of it, the number of representatives of any sex in the given faction falls below and results in less than 20 per cent, it shall be given to the next candidate of less represented sex in the first part of the national electoral list of that political party, if any.

16. Before 1 January 2021, during elections of the councils of elders of communities held through the proportional electoral system, the mandate of a member of council of elders — who has waived the mandate or who has been elected and whose powers have been early terminated — shall be given to the next candidate in sequence of the electoral list of that political party (alliance of political parties) upon a protocol of the relevant electoral commission, within a 1-week period after notifying the commission thereon, and where as a result of it, the number of representatives of any sex in the given faction falls below and results in less than 20 per cent, it shall be given to the next candidate of less represented sex in the electoral list of that political party (alliance of political parties), if any.

17. Rules prescribed by this Code for a judge shall extend also to members of the Constitutional Court.

(Article 144 supplemented, amended by HO-119-N of 30 June 2016, amended by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision relating to the Article)