Constitution of the Republic of Armenia (1995, as amended 2005) (excerpts related to Freedom of Association) (English)

[excerpts]

Constitution of the Republic of Armenia

Adopted on June 5, 1995 with amendments adopted with a referendum on November 27, 2005

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Article 2. In the Republic of Armenia the power belongs to the people.

The usurpation of power by any organization or individual constitutes a crime.

Article 3. The human being, his/her dignity and the fundamental human rights and freedoms are an ultimate value.

The state shall ensure the protection of fundamental human and civil rights in conformity with the principles and norms of the international law.

The state shall be limited by fundamental human and civil rights as a directly applicable right.

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Article 14.1. Everyone shall be equal before the law.

Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or other personal or social circumstances shall be prohibited.

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Article 23. Everyone shall have the right to respect for his private and family life.

The collection, maintenance, use or dissemination of any information about the person other than that stipulated by the law without the person’s consent shall be prohibited. The use and dissemination of information relating to the person for purposes contravening the aims of their collection or not provided for by the law shall be prohibited.

Everyone shall have the right to become acquainted with the data concerning him/her available in the state and local self-government bodies.

Everyone shall have the right to correction of any non-verified information and elimination of the illegally obtained information about him/her.

Everyone shall have the right to secrecy of correspondence, telephone conversations, mail, telegraph and other communications, which may be restricted only by court decision in cases and in conformity with the procedure prescribed by the law.

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Article 26. Everyone shall have the right to freedom of thought, conscience and religion. This right includes freedom to change the religion or belief and freedom to, either alone or in community with others manifest the religion or belief, through preaching, church ceremonies and other religious rites.

The exercise of this right may be restricted only by law in the interests of the public security, health, morality or the protection of rights and freedoms of others.

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Article 28. Everyone shall have the right to freedom of association with others, including the right to form and to join trade unions.

Every citizen shall have a right to form political parties with other citizens and join such parties.

The rights to form parties and trade unions and join them may be restricted in a manner prescribed by law for the employees in the armed forces, police, national security, prosecutor’s office, as well as judges and members of the Constitutional Court.

No one shall be compelled to join any political party or association.

The activities of associations can be suspended or prohibited only through judicial procedure and in cases prescribed by the law.

Article 29. Everyone shall have the right to freedom of peaceful and unarmed assembly.

Restrictions on exercising these rights by the employees in the armed forces, police, national security, prosecutor’s office, bodies as well as judges and members of the Constitutional Court may be prescribed only by the law.

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Article 42. The fundamental human and civil rights and freedoms stipulated in the Constitution shall not exclude the other rights and freedoms prescribed by laws and international treaties.

Everyone shall have the right to act in a way not prohibited by the law and not violating others’ rights and freedoms. No one shall bear obligations not stipulated by the law.

The laws and other legal acts exacerbating the legal status of an individual shall not be retroactive.

The legal acts improving the legal status of an individual, eliminating or mitigating his/her liability shall be retroactive if prescribed by the acts in question.

Article 43. The fundamental human and civil rights and freedoms set forth in Articles 23-25 (including the right to secrecy of correspondence, telephone conversations, mail, telegraph and other communications note), 27, 28-30, … may be temporarily restricted only by the law if it is necessary in a democratic society in the interests of national security, public order, crime prevention, protection of public health and morality, constitutional rights and freedoms, as well as honor and reputation of others.

Limitations on fundamental human and civil rights and freedoms may not exceed the scope defined by the international commitments assumed by the Republic of Armenia.

Article 44. Special categories of fundamental human and civil rights, except for those stipulated in Articles … 17-22 (prohibition of torture as well as inhuman or degrading treatment or punishment, effective legal remedies, independent and impartial court, legal assistance, presumption of innocence, evidencenote.) and 42 of the Constitution may be temporarily restricted as prescribed by the law in case of martial law or state of emergency within the scope of the assumed international commitments on deviating from commitments in cases of emergency.

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Article 83.5. The issues below shall be set forth exclusively by the laws of the Republic of Armenia:

1) terms and procedures for the exercise and protection of the rights by natural persons and legal entities;

2) restrictions on the rights and freedoms of natural persons and legal entities, their obligations, as well as forms, extent and procedure for liability thereof, means of compulsion and the procedure for such, types, amounts and procedures for the payment of taxes, duties and other binding fees paid by natural persons and legal entities;

3) cases, terms and procedures for control and oversight over the activities of legal entities and natural persons engaged in entrepreneurship (including checks, examinations and inspections);

4) terms and procedure for establishing legal entities, suspending or terminating the activities thereof; …

6) cases, procedure and terms for criminal, administrative, economic (property) or disciplinary liability, the procedure for serving criminal sentences, the procedure for compulsory execution of judicial and administrative acts, the status and powers of attorneys; …

8) procedure for the state budget revenues and expenditures;

9) procedure and terms for concluding and denouncing the international treaties of the Republic of Armenia;

10) legal status of the political parties and other non-governmental associations, as well as mass media entities…

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