LAW

 

OF THE REPUBLIC OF ARMENIA

 

Adopted on 11 April 2003

 

ON SERVICE IN NATIONAL SECURITY BODIES

 

This law shall prescribe the main principles, procedure for and conditions of service in the National Security Bodies of the Republic of Armenia, positions and military ranks of officers of the National Security Bodies, rights and obligations of officers of the National Security Bodies, official guarantees therefor, period of service and rest time, leaves thereof, other peculiarities with regard to conferring military ranks, demotion and reinstatement in ranks, dismissal from service, as well as with regard to service.

During martial law, the peculiarities of service in the National Security Bodies shall be prescribed by the laws and other legal acts of the Republic of Armenia.

 

CHAPTER 1

 

GENERAL PROVISIONS

 

Article 1.

Service in national security bodies and the principles for performing service

1. Service in the National Security Bodies (hereinafter referred to as "the Service") shall be military service, the peculiarities whereof shall be prescribed by this Law, other laws and legal acts.

2. Service in the National Security Bodies shall be performed with adherence to the principles of lawfulness, respect for human and civil rights and freedoms, honour and dignity, humanism and publicity, independence from the activities of public associations, through single-handed and centralised administration, combined with the application of overt and covert methods and means not prohibited by the legislation of the Republic of Armenia.

3. Service in the National Security Bodies shall be regulated by the Constitution of the Republic of Armenia, this Law, Law of the Republic of Armenia "On National Security Bodies", charters and rules of conduct of the Armed Forces of the Republic of Armenia, other laws and legal acts, as well as international treaties of the Republic of Armenia.

4. The procedure for awarding incentives to and imposing disciplinary penalties on officers of the National Security Bodies shall be prescribed by the Law of the Republic of Armenia "On disciplinary code of the Armed Forces of the Republic of Armenia".

5. The procedure for completing military service in the National Security Bodies for military servants of the staff of rank and file and junior non-commissioned officers shall be prescribed by the Law of the Republic of Armenia "On military service and the status of military servants".

(Article 1 edited by HO-269-N of 23 March 2018)

 

Article 2.

Officers of National Security Bodies

1. The citizen of the Republic of Armenia having taken an oath of officers of the National Security Bodies and holding a position included in one of the groups prescribed by Article 3 of this Law or placed in the personnel reserve under the procedure prescribed by this Law shall be deemed to be an officer of the National Security Bodies.

2. Officers of the National Security Bodies shall be state servants.

 

CHAPTER 2

 

POSITIONS AND RANKS OF OFFICERS OF NATIONAL SECURITY BODIES

 

Article 3.

List of positions of officers of National Security Bodies and list of positions of officers of National Security Bodies

(Title supplemented by HO-64-N of 11 June 2014)

 

1. The positions of officers of the National Security Bodies shall be classified into the following groups:

(1) highest positions of officers of the National Security Bodies:

(a) Head of the National Security Service (hereinafter referred to as "the State Authorised Body"),

(b) Deputy Head of the Authorised Body,

(c) Head of the State Protection Service;

(2) chief positions of officers of the National Security Bodies: heads of independent structural subdivisions (department, general division, division, unit, etc.) of the State Authorised Body and deputies thereof, deputy heads of the State Protection Service;

(3) senior positions of officers of the National Security Bodies: heads and deputy heads of subdivisions (department, division, unit, division of the department etc.) that are not independent;

(4) middle positions of officers of the National Security Bodies: the positions not included in points 1-3 and 5 of part 1 of this Article;

(5) junior positions of officers of the National Security Bodies: positions filled by non-commissioned officers.

2. Chief, senior, middle and junior groups of officers of the National Security Bodies may be divided into sub-groups.

3. The list of main positions included in separate groups of positions of officers of the National Security Bodies, as well as of positions equivalent thereto shall be prescribed by the Prime Minister.

4. The compliance between the main positions of military service within the systems of bodies of defence, national security, police of the Republic of Armenia and main positions of penitentiary and rescue services shall be prescribed by the Government.

(Article 3 supplemented by HO-132-N of 14 December 2004, supplemented, edited by HO-64-N of 11 June 2014, amended, supplemented by HO-269-N of 23 March 2018)

 

Article 4.

Military ranks of officers of National Security Bodies

1. Officers of the National Security Bodies, as military servants, shall be conferred upon military ranks (hereinafter referred to as "the ranks"). The following staffs and ranks shall be prescribed for commissioned officers and non-commissioned officers in the National Security Bodies:

 

 

2. The highest military ranks of the National Security Bodies shall be conferred by the President of the Republic, upon the recommendation of the Prime Minister.

3. The ranks of senior and junior commissioned officers of the National Security Bodies shall be conferred by the head of the State Authorised Body.

4. The ranks of non-commissioned officers of the National Security Bodies shall be conferred by the relevant deputy head of the State Authorised Body.

5. The ranks of the National Security Bodies shall be conferred individually.

(Article 4 amended by HO-132-N of 14 December 2004, HO-269-N of 23 March 2018)

 

Article 4.1.

Conferring of highest military ranks

1. The Prime Minister shall, upon own initiative or upon the motion of the head of the State Authorised Body, apply with the recommendation on conferring highest military ranks.

2. The draft decree of the President of the Republic on conferring highest military ranks, and in case of the motion of the head of the State Authorised Body - also the motion shall be attached to the recommendation of the Prime Minister.

3. The President of the Republic shall - within a period of three days following the receipt of the recommendation of the Prime Minister - sign the draft decree attached to the recommendation or return it with objections to the Prime Minister.

4. Where the Prime Minister fails to accept the objection of the President of the Republic within a period of five days, the President of the Republic shall, within a period of three days following the expiry of the five-day time period, sign the decree or apply to the Constitutional Court.

5. Where the Constitutional Court renders a decision on declaring the recommendation submitted by the Prime Minister to the President of the Republic as complying with the Constitution, the President of the Republic shall sign the decree within a period of three days.

6. Where the Constitutional Court renders a decision on declaring the recommendation submitted by the Prime Minister to the President of the Republic as contradicting the Constitution, the Prime Minister shall - within a period of five days - submit a new recommendation as prescribed by part 2 of this Article.

7. Where the President of the Republic fails to fulfil the requirements prescribed by parts 3-5 of this Article, the highest military rank shall - pursuant to Article 139 of the Constitution - be deemed to be conferred upon the given person by virtue of law on the day following the expiry of the three-day time period prescribed by parts 3-5 of this Article, whereon the Prime Minister shall disseminate a written statement. The written statement shall be signed by the Prime Minister and published on the official website of the Government.

(Article 4.1 supplemented by HO-269-N of 23 March 2018)

 

Article 5.

Conferring of the ranks of non-commissioned officers and senior non-commissioned officers

1. The rank of non-commissioned officer shall be conferred upon the officers appointed to the position of a non-commissioned officer having at least secondary education.

2. The rank of senior non-commissioned officer shall be conferred upon non-commissioned officers having served as a non-commissioned officer for five and more years, at least one of which - in the positions to be filled by senior non-commissioned officers or commissioned officers.

The rank of senior non-commissioned officer shall also be conferred for service in the positions of a non-commissioned officer for ten and more years, irrespective of the position held.

 

Article 6.

Conferring of the rank of junior lieutenant

(Article repealed by HO-132-N of 14 December 2004)

 

Article 7.

Conferring of the rank of lieutenant

The rank of lieutenant shall be conferred upon:

(1) officers having graduated from military educational institutions, having higher education and not holding the rank of a commissioned officer;

(2) non-commissioned officers appointed to the position of a commissioned officer, where they have received higher education and have a state-recognised diploma of higher education;

(3) officers appointed to the position of a commissioned officer, having higher education and a state-recognised diploma of higher education;

(4) non-commissioned officers and senior non-commissioned officers having served for five and more years in the position of a non-commissioned officer and having higher education, as well as a certificate of good conduct, in case of releasing them from the National Security Bodies;

(5) (point repealed by HO-132-N of 14 December 2004)

(Article 7 amended by HO-132-N of 14 December 2004)

 

Article 8.

Ranks corresponding to groups of positions of officers of National Security Bodies

1. The highest level of ranks corresponding to the highest positions of officers of the National Security Bodies shall be the rank of Colonel General.

2. The highest level of ranks corresponding to chief positions of officers of the National Security Bodies shall be the rank of Major-General.

3. The highest level of ranks corresponding to senior positions of officers of the National Security Bodies shall be the rank of Colonel.

4. The highest level of ranks corresponding to middle positions of officers of the National Security Bodies shall be the rank of Major.

5. The highest level of ranks corresponding to junior positions of officers of the National Security Bodies shall be the rank of Senior Non-Commissioned Officer.

6. The head of the State Authorised Body shall, depending on the sub-groups of groups of positions of senior, middle and junior positions, prescribe the lowest and highest levels of ranks corresponding to the specific positions of the indicated groups.

7. The lowest and highest levels of ranks corresponding to a specific position of the groups of highest and chief positions of officers of the National Security Bodies shall be prescribed by the Government of the Republic of Armenia.

 

Article 9.

Conferring of consecutive ranks to officers of National Security Bodies

1. Consecutive rank in the National Security Bodies shall be conferred in consecutive order, where a rank equivalent to the conferred rank or a higher rank corresponds to the position held by the officer.

2. Consecutive rank shall be conferred on the day of expiry of the time limit for holding the previous rank, except for the cases provided for by this Law.

3. The consecutive ranks, up to and including the rank of Colonel, shall be conferred upon commissioned officers that are students, postgraduate students (advanced students), medical post-graduate or doctoral candidates of higher education (including military educational) institutions on the day of expiry of the time limit of service while holding the previous rank, where the consecutive rank corresponds to the rank envisaged by the position held before entering the educational institution.

4. Consecutive rank shall be conferred prematurely for impeccable service in the National Security Bodies following the expiry of half of the time limit for holding the previous rank, but not where that rank is higher than the rank prescribed for the position held.

5. A rank that is higher by one grade than the rank envisaged for the position held may be conferred, as an incentive, upon officers whose time limit for holding the military rank and not less than half of that time limit has expired.

6. Conferring of consecutive ranks to officers of the National Security Bodies having incurred disciplinary penalties, being under criminal prosecution or official investigation shall be postponed until the elimination of the mentioned impediments.

7. Prenatal and post-natal leaves, as well as leave granted for taking care of a child shall not be calculated within the time limit envisaged for ranks held by female officers of the National Security Bodies. Calculation of the specified time limit shall resume after female officers join the service.

8. Officers of the National Security Bodies may - in case they are convicted for a grave or particularly grave crime - be deprived of ranks in the cases and under the procedure prescribed by the legislation of the Republic of Armenia.

9. The procedure for conferring ranks in the National Security Bodies shall be prescribed by the head of the Authorised Body.

(Article 9 edited by HO-269-N of 23 March 2018)

 

Article 10.

Time limits for conferring of ranks in National Security Bodies

 

1. The following time limits for taking service at the National Security Bodies, while holding the given rank, shall be prescribed:

(1) Non-Commissioned Officer – 5 years;

(2) (point deleted by HO-132-N of 14 December 2004)

(3) Lieutenant, Senior Lieutenant – 2 years;

(4) Captain – 3 years;

(5) Major – 3 years;

(6) Lieutenant Colonel - 4 years.

No time limit of service for ranks of Senior Non-Commissioned Officer, Colonel and higher ranks shall be prescribed.

2. The time limit for service, while holding the given rank, shall be calculated from the day of conferring of the rank. It shall be included in the time limit for service, taking into consideration also the time period of being groundlessly subjected to criminal liability and of being unlawfully released from the National Security Bodies, as well as the time period interrupted due to reinstatement.

3. When appointing citizens having assumed office (worked) in another state body and having a special rank (class ranks, qualification level) to positions within the Authorised Body, a rank corresponding to the special rank (class rank, qualification level) held thereby shall be conferred thereupon as a result of attestation, and the consecutive ranks shall be conferred under the procedure prescribed by this Law.

The compliance of special ranks (class ranks, qualification levels) conferred in another state body, as well as of ranks held while being in the reserve with ranks prescribed by this Law shall be defined by the Government of the Republic of Armenia.

(Article 10 amended by HO-132-N of 14 December 2004)

 

Article 11.

Demotion and reinstatement in ranks of officers of National Security Bodies

1. The ranks of officers of the National Security Bodies may, under the procedure prescribed by the disciplinary charter, be demoted by one grade, as a disciplinary penalty, by an official having the competence to confer the given rank.

2. No double demotion shall be allowed before reinstatement of the previous ranks and conferring of consecutive ranks of officers.

3. When calculating the time limit for conferring a consecutive rank, the time period of service with demotion shall not be calculated.

4. When conferring a consecutive rank, the time limit for service with the rank held before demotion shall also be taken into consideration.

 

Article 12.

Time limits for nominating, for consecutive ranks, officers having joined (transferred to) National Security Bodies from the reserve of National Security Bodies, Armed Forces (including the reserve), other troops and other bodies of the Republic of Armenia, as well as having been appointed to the position of commissioned officers

1. Officers having joined (transferred to) the National Security Bodies from the reserve of the National Security Bodies, Armed Forces (including the reserve), other troops and other bodies of the Republic of Armenia, as well as having been appointed to the position of commissioned officers shall be nominated for consecutive rank following the expiry of the time limit prescribed for holding the rank and following their service in the National Security Bodies within the time limits indicated below:

 

 

2. The time period of holding the rank conferred in the reserve shall be calculated within the time limit for service, with the given rank, of commissioned officers having joined the National Security Bodies from the reserve of the National Security Bodies and the reserve of the Armed Forces.

3. When conferring a consecutive rank to officers having been transferred to the National Security Bodies from Armed Forces and other troops, the time limit for military service, with that rank, in the Armed Forces and other troops shall also be taken into consideration.

(Article 12 amended by HO-132-N of 14 December 2004)

 

Article 13.

Obstruction to conferring of ranks in National Security Bodies

Obstruction to conferring of ranks to officers of the National Security Bodies under the procedure and within the time limits prescribed by this Law shall entail disciplinary liability.

 

CHAPTER 3

 

JOINING SERVICE AT NATIONAL SECURITY BODIES

 

Article 14.

Requirements for joining service

1. Citizens (except for those transferred) of the Republic of Armenia under the age of 30, having completed compulsory military service (except for the female citizens, persons having graduated from higher education institutions and having completed compulsory military service during studies and having passed the prescribed examinations, as well as persons referred to in point "e" of part 1 of Article 12 of the Law of the Republic of Armenia "On Conscription" and Article 24 of the Law of the Republic of Armenia "On military service and the status of military servants" that were exempt from compulsory military service or deferred from compulsory military service and registered in the reserve), having command of the Armenian language, and having the ability - as consistent with their efficiency, personal, moral characteristics, education, health condition and physical training - to carry out the duties of officers of the National Security Bodies, irrespective of nationality, race, sex, social origin, property or other status, may join the service in the National Security Bodies.

In exceptional cases and upon the permission of the head of the Authorised Body, citizens above the age of 30 may join the service in order to take separate positions in the National Security Bodies.

2. The procedure for selection and consideration of candidates for serving in the National Security Bodies, as well as the requirements for their professional qualities, physical training, health condition shall be prescribed by the head of the Authorised Body.

3. A citizen may not join the service in the National Security Bodies where he or she։

(1) has been declared as having no or limited active legal capacity through judicial procedure;

(2) has been deprived of the right to hold a position in civil or other service through judicial procedure;

(3) has been convicted for committing a crime;

(4) does not comply with the requirements prescribed by part 1 of this Article, or criminal prosecution has been instituted against him or her;

(5) is simultaneously a citizen of another state.

(Article 14 supplemented by HO-142-N of 9 April 2007, amended by HO-94-N of 13 June 2016, HO-269-N of 23 March 2018)

 

Article 15.

The oath of officers of National Security Bodies

1. Citizens joining the service in the National Security Bodies shall, before the state flag of the Republic of Armenia and the flag of the State Authorised Body and under the procedure prescribed by the head of the State Authorised Body, take the following oath:

“Joining the service in the National Security Bodies of the Republic of Armenia, I (name, father's name, surname) hereby swear:

to remain faithful to the constitutional order of the Republic of Armenia, to be unconditionally guided by the laws, to defend my country, to keep a state and official secret;

to exercise my powers fairly and impartially, to carry out my official duties conscientiously and in good faith, devote myself entirely to the noble cause of ensuring the national security of the Republic of Armenia."

2. Officers of the National Security Bodies shall take the oath once, irrespective of having previously taken an oath when serving (working) in the Armed Forces or other state bodies.

3. The officer of the National Security Bodies shall sign the text of the oath he or she has read out, which shall be kept in the personal file thereof.

 

Article 16.

Time limits for service in National Security Bodies

1. The following age limits shall be prescribed for the service in the National Security Bodies:

 

 

2. The official having the competence to make an appointment to the given position may, in exceptional cases, extend, for up to 5 years, the time limits for service in the National Security Bodies for officers having attained the age limit (in case of teaching staff of the educational institution of the National Security Bodies, as well as senior commissioned officers of intelligence and counterintelligence units carrying out operational intelligence activities – for up to 10 years).

(Article 16 amended by HO-132-N of 14 December 2004, amended, supplemented by HO-94-N of 13 June 2016)

 

Article 17.

Beginning and end of service in National Security Bodies, procedure for calculation of the time limits for service

1. The day of issuing an order on the appointment of the officer to the position shall be deemed to be the beginning of service in the National Security Bodies.

The beginning of service for officers having been transferred to the National Security Bodies from Armed Forces and other troops, as well as the Police of the Republic of Armenia and being placed in the personnel reserve before the appointment to the relevant position shall be deemed to be the day of placing them in the personnel reserve.

The day specified in the order on releasing the officer from the National Security Bodies shall be deemed to be the end of service in the National Security Bodies.

2. The total time limit for service in the National Security Bodies shall be calculated through calendar.

Privileged order for calculating the time limit for service may be prescribed by this Law, other laws and legal acts.

 

CHAPTER 4

 

APPOINTING OFFICERS TO POSITIONS, TRANSFERRING THEM, PLACING THEM IN THE PERSONNEL RESERVE, DISMISSING FROM THE POSITION HELD AND SUBJECTING THEM TO ATTESTATION

 

Article 18.

Appointing officers of National Security Bodies to positions

1. The National Security Bodies shall be managed by the head of the State Authorised Body.

2. The President of the Republic shall, upon the recommendation of the Prime Minister, appoint to and dismiss from position the head of the State Authorised Body, and shall, upon the recommendation of the Prime Minister and based on the written motion of the head of the State Authorised Body, appoint to and dismiss from positions deputy heads of the State Authorised Body, under the procedure prescribed by the Law of the Republic of Armenia "On National Security Bodies".

3. The head of the State Authorised Body shall appoint to and dismiss from positions officers holding chief, senior and middle positions of officers of the National Security Bodies, unless otherwise provided for by law.

4. The relevant deputy head of the State Authorised Body shall appoint officers to positions filled by non-commissioned officers and dismiss them.

5. The appointments of officers to positions in chief, senior, middle and junior groups of the National Security Bodies shall be carried out under the procedure prescribed by the head of the State Authorised Body, except for the cases provided for by law.

(Article 18 amended by HO-132-N of 14 December 2004, supplemented by HO-1-N of 2 February 2010, amended by HO-269-N of 23 March 2018)

 

Article 19.

The conditions of appointing officers of National Security Bodies to positions

1. Officer of the National Security Bodies having held, before the appointment, one of the highest positions of officers of the National Security Bodies or having held at least for 3 years a chief position and holding a rank no lower than the rank of Colonel may be appointed head of the State Authorised Body.

2. Officer of the National Security Bodies having held, before the appointment, one of the highest positions of officers of the National Security Bodies or having held, at least for 3 years before the appointment, a chief position of officers of the National Security Bodies and holding a rank no lower than the rank of Colonel may be appointed deputy head of the State Authorised Body.

3. As a result of attestation, officers having held, for the last year before the appointment, another chief position of officers of the National Security Bodies or having held, for the last 3 years before the appointment, any senior position of officers of the National Security Bodies may be appointed to chief positions of officers of the National Security Bodies.

Officers having held one of the highest positions of officers of the National Security Bodies may also be appointed to chief positions of officers of the National Security Bodies.

4. Promotion of officers holding senior and middle positions of officers of the National Security Bodies shall be carried out as a result of attestation after at least one year of service in the given position.

5. Appointments to junior positions of officers of the National Security Bodies shall be carried out without attestation.

6. Appointments to senior and middle positions of officers of the National Security Bodies shall be carried out only in case of having higher education.

Appointments to junior positions of officers of the National Security Bodies shall be carried out in case of having at least secondary education.

6.1. In case vacant positions are available in the State Authorised Body, state servants of the Armed Forces, the Police, Compulsory Enforcement Service, bodies of Penitentiary Service, Investigation Committee, Special Investigation Service and the Ministry of Justice, prosecutors, as well as officers of the reserve of the National Security Bodies complying with the requirements for being appointed to the given position of officers of the National Security Bodies may be appointed.

6.2. The compliance of state bodies provided for by point 6.1 of this Article with the positions of the National Security Service shall be prescribed by the Government of the Republic of Armenia.

7. Officers may be appointed to first positions, higher positions, equivalent positions or lower positions of the National Security Bodies. (sentences deleted by HO-163-N of 12 December 2013)

(Article 19 supplemented by HO-132-N of 14 December 2004, amended, edited, supplemented by HO-44-N of 22 May 2008, amended by HO-163-N of 12 December 2013, supplemented, amended by HO-94-N of 13 June 2016, HO-269-N of 23 March 2018)

 

Article 20.

Appointment to higher position

Officers of the National Security Bodies shall be appointed to a higher position by way of promotion, upon their consent.

 

Article 21.

Appointment to equivalent position

Officers of the National Security Bodies shall be appointed to equivalent positions:

(1) based on official exigency;

(2) due to staffing measures;

(3) based on family conditions (pursuant to his or her application);

(4) due to health condition, pursuant to the opinion of the military and medical commission.

 

Article 22.

Appointment to lower position

1. Officers of the National Security Bodies shall be appointed to lower positions:

(1) due to staffing measures, where it is impossible to appoint them to an equivalent position;

(2) based on family conditions (pursuant to their application);

(3) due to health condition, pursuant to the opinion of the military and medical commission (upon their consent).

(4) pursuant to their application;

(5) in case of incurring disciplinary penalty "demotion";

(6) where the officers failed, within one year, to comply with the requirements by way of appropriately carrying out official duties thereof after incurring disciplinary penalty "warning for partial compliance with official requirements".

2. Officers appointed to lower positions as a result of incurring disciplinary penalty may be appointed to higher positions after the penalty has been remitted.

3. During pregnancy, a female officer shall, upon her wish and pursuant to medical opinion, be appointed to a position with more favourable conditions. In such cases, the official pay rate prescribed for the position held previously shall be preserved.

(Article 22 amended by HO-163-N of 12 December 2013)

 

Article 23.

Appointment of acting officers and persons temporarily assuming the official duties of officers

1. Based on official exigency, officers of the National Security Bodies may temporarily assume the official duties of officers holding equivalent or higher positions.

2. The uninterrupted duration of temporary assumption of the official duties must not exceed the following time limits:

(1) 6 months - assumption of the duties of a vacant position;

(2) 4 months - assumption of duties of the position held.

Upon the consent of the officer, he or she may assume the duties of a non-vacant position, while the person holding the position is on leave granted for taking care of a child.

3. The official having the competence to make appointments to the given position shall appoint officers to the temporary positions and release them from performing the official duties.

4. The following officers shall temporarily assume the duties of vacant and non-vacant positions:

(1) non-commissioned officers - in case of positions for which ranks of non-commissioned officers and junior commissioned officers are envisaged;

(2) junior officers - in case of positions for which ranks of junior and senior officers are envisaged;

(3) senior officers - in case of positions for which ranks of senior and general officers are envisaged;

(4) general officers - in case of positions for which ranks of general officers are envisaged.

 

Article 24.

Transferring officers of National Security bodies to new places of service

1. Officers of National Security Bodies shall be transferred to a new place of service in the following cases:

(1) based on official exigency;

(2) by way of promotion;

(3) due to health condition, pursuant to the opinion of the military and medical commission;

(4) based on family conditions (pursuant to his or her application);

(5) due to staffing measures.

2. Officers shall, based on official exigency, be transferred to a new place of service, along with appointment to an equivalent or higher position. The transfer shall be carried out without the consent of the officer, except for the cases where transfer to a new place is contraindicative to officers or a member of their families (spouse, child, person under custody) pursuant to the opinion of the military and medical commission.

3. Officers shall be transferred to a new place also by way of promotion - as a result of being appointed, upon their consent, to higher positions.

4. Based on family conditions, the transfer of officers to a new place shall be carried out where there are the grounds referred to in part 2 of this Article.

5. In case of transferring one of the spouses to a new place, where both of them serve in the National Security Bodies, a decision shall, upon his or her (their) consent, be made to transfer also his or her spouse to the same residence, where the permanent residence is changed. Where impossible, no transfer to a new place of service shall be carried out.

6. Officers of the National Security Bodies shall be transferred to another position which is not lower from the position held by more than one grade in case of not complying with the position held as a result of attestation.

7. In order to continue further service, officers of the National Security Bodies may be transferred to the Armed Forces or another state body of the Republic of Armenia, where military or other service equivalent thereto is envisaged.

The transfer of officers of the National Security Bodies shall be carried out through agreement between the State Authorised Body and the relevant state body and under the procedure prescribed by the legislation of the Republic of Armenia.

 

Article 25.

Seconding officers of National Security Bodies to other state bodies

Officers of the National Security Bodies may, based on official exigency, be seconded to other state bodies and organisations, under the procedure and conditions prescribed by the Government of the Republic of Armenia.

 

Article 26.

Placing officers of National Security bodies in the personnel reserve

1. Officers of the National Security Bodies shall be placed in the personnel reserve in the following cases:

(1) when taking staffing measures - for a period of up to 2 months;

(2) when instituting criminal case against officers - until a final decision is rendered with regard to the given case;

(3) when being transferred to the National Security Bodies from the Armed Forces and other troops of the Republic of Armenia - for a period of up to 3 months;

(4) when missing for more than one month - until return or until being declared as missing or dead;

(5) when in captivity - until being released;

(6) when reducing the position held by a female officer while on prenatal and post-natal leaves, as well as leave granted for taking care of a child - until the end of the leave.

2. In the cases provided for by points 1 and 3 of part 1 of this Article, the official pay rate prescribed for the last position held by the officers shall be paid thereto within the whole time period of being placed in the personnel reserve.

3. When being placed in the personnel reserve in the cases provided for by points 2, 4 and 5 of part 1 of this Article, the remuneration of the officers shall be carried out following the elimination of the specified obstacles, where no corpus delicti is revealed in the actions of the officers. In that case, remuneration in the amount of the official pay rate prescribed for the last position held shall be carried out within the whole time period of being placed in the personnel reserve.

4. While being placed in the personnel reserve in the cases provided for by point 6 of part 1 of this Article, female officers shall only receive the payments provided for by the legislation of the Republic of Armenia.

5. Officers shall be placed in the personnel reserve on the day of emergence of the circumstances referred to in part 1 of this Article or on the day those circumstances become known.

6. The National Security Bodies shall be obliged to offer the officers positions corresponding to education and the group of position held previously thereby or a group lower therefrom by one grade when being placed in the personnel reserve in the case provided for by point 1 of this Article. Officers shall, under the procedure prescribed by this Law, be released from service following the expiry of the time limit for being placed in the personnel reserve.

(Article 26 edited, amended, supplemented by HO-163-N of 12 December 2013)

 

Article 27.

Dismissal from position

1. Officers shall be dismissed from the position held:

(1) in case of being appointed to another position in the National Security Bodies in case of reduction in the number of staff positions, liquidation or reorganisation of the subdivision;

(2) in case of reduction of stuff positions, liquidation or reorganization of the subdivision, where it is not possible to appoint the officer to the relevant position, and the reduction of stuff positions is conditioned by the reduction of the total number of stuff positions in the National Security Body;

(3) in case of impossibility of continuing further service in the given position because of unavailability of relevant vacant stuff positions due to poor state of health in connection with the limited physical fitness and based on the decision of the medical and military commission (in case of being declared fit for non-combatant service in time of peace and declared as having limited duty status of the first degree in wartime);

(4) in case of being appointed to another position based on the results of attestation;

(5) pursuant to their application;

(6) based on official exigency;

(7) in case of being released from the National Security Bodies.

2. Officers shall be dismissed from the position by the supervisor entitled to appoint them to the relevant position.

 

Article 28.

Attestation of officers

1. Attestation shall be carried out in order to select the officers of the National Security Bodies, evaluate their professional skills, as well as determine compliance with the position held and prospects for promotion.

2. Upon the order of the head of the State Authorised Body, attestation commission (commissions) shall be established in order to carry out attestation.

3. Commissioned officers of the National Security Bodies shall undergo attestation once every five years (non-commissioned officers - once every three years), except for the cases provided for by this Law.

Attestation shall be carried out in order to appoint officers to a higher position or to reinstate in the demoted position.

4. The following shall not be subject to attestation:

(1) officers holding the given position for a time period of less than one year;

(2) those holding the highest positions or the highest ranks of the National Security Bodies;

(3) pregnant officers or officers on leave granted for taking care of a child under the age of three.

Officers on prenatal and post-natal leaves, as well as leave granted for taking care of a child shall be subject to attestation not earlier than one year after the return from leave.

Officers on leave or secondment, or those with temporary incapacity for work that are subject to attestation shall undergo attestation within a time period of two months after joining the service.

5. Officers shall have the right to become familiar with the results of the attestation and appeal against them as of higher instance no later than within seven days after becoming familiar therewith.

6. Officers subject to attestation shall - no later than one month before the attestation - be informed thereon.

7. The procedure for and conditions of carrying out the attestation process shall be prescribed by the head of the Authorised Body.

 

CHAPTER 5

 

RIGHTS AND OBLIGATIONS OF OFFICERS OF NATIONAL SECURITY BODIES SOCIAL GUARANTEES FOR OFFICERS OF NATIONAL SECURITY BODIES

 

Article 29.

Rights of officers of National Security Bodies

1. Officers of the National Security Bodies shall have the right to:

(1) become familiar with the legal acts prescribing their rights and obligations pertaining to the position held;

(2) become familiar with their performance appraisal and other documents related to their official activities and submit explanations with regard thereto;

(3) receive materials and information required for the fulfilment of official duties;

(4) adopt decisions within the scope of their competences;

(5) require official investigation under the procedure prescribed by the legislation of the Republic of Armenia for the purpose of eliminating groundless accusations and suspicions against them;

(6) health care;

(6.1) receive equivalent remuneration for the service;

7) social protection and security;

(8) legal protection;

(9) promotion in position and rank under the prescribed procedure;

(10) undergo training, under the prescribed procedure and in the prescribed cases, at the expense of the State Budget, as well as other funds not prohibited by the legislation of the Republic of Armenia;

(11) appeal the results of the attestation.

2. Officers of the National Security Bodies may have other rights prescribed by this Law and other legal acts.

(Article 29 amended, supplemented by HO-163-N of 12 December 2013)

 

Article 30.

Obligations of officers of National Security Bodies

1. Obligations of officers of the National Security Bodies shall be the following:

(1) complying with the requirements of the Constitution, laws and other legal acts of the Republic of Armenia;

(2) ensuring knowledge required for the fulfilment of professional and official duties;

(3) accurate and timely fulfilment of the duties entrusted thereto by the laws and other legal acts of the Republic of Armenia;

(4) implementing the assignments given and decisions adopted, under the prescribed procedure, by superior bodies and officials;

(5) complying with military and official disciplinary rules;

6) complying with the requirements prescribed by the legislation of the Republic of Armenia while handling documents containing state, official secret or other secrets guarded by law, including after being released from service;

(7) submitting declaration of income under the prescribed procedure.

2. Other obligations may also be prescribed for officers of the National Security Bodies by other laws of the Republic of Armenia.

 

Article 31.

Remuneration of officers of National Security Bodies

(Title edited by HO-163-N of 12 December 2013)

 

1. Each officer of the National Security Bodies (in the cases prescribed by this Law - also those placed in the personnel reserve) shall have the right to remuneration.

2. Relations pertaining to the remuneration of officers of the National Security Bodies shall be regulated by the Law of the Republic of Armenia "On remuneration for persons holding state positions and state service positions".

(Article 31 edited by HO-163-N of 12 December 2013, amended by HO-269-N of 23 March 2018)

 

Article 32.

Social protection for officers of National Security Bodies

1. Social protection for officers of the National Security Bodies shall be carried out by the Law of the Republic of Armenia "On military service and the status of military servants", under the procedure prescribed by other laws and legal acts.

2. Property damage pertaining to the official duties caused to officers shall be compensated under the procedure prescribed by the legislation of the Republic of Armenia.

(Article 32 amended by HO-269-N of 23 March 2018)

 

CHAPTER 6

 

TIME OF SERVICE, REST AND LEAVE OF OFFICERS OF NATIONAL SECURITY BODIES

 

Article 33.

Duration of working time

1. Forty-hour and five-day working week shall be prescribed for officers of the National Security Bodies.

2. A shorter duration of working time shall be prescribed for officers of the National Security Bodies who perform official duties in conditions hazardous for health.

The list of officers of the National Security Bodies wherefor a shorter duration of working time is defined shall be prescribed by the head of the State Authorised Body.

 

Article 34.

Overtime service of officers of National Security Bodies

1. Officer of the National Security Bodies may be engaged in overtime service:

(1) for ensuring state security;

(2) in case of necessity for state protection;

(3) for ensuring safety during assembly and public events;

(4) for exercising tasks and functions vested in the National Security Bodies, which may not be suspended or terminated due to their peculiar nature;

(5) during drills or training events, as well as in other cases provided for by law.

2. It shall be prohibited to engage officers of the National Security Bodies in daily overtime service exceeding eight hours. Duration of daily service, including overtime service must not exceed 16 hours. Duration of yearly overtime service of officers of the National Security Bodies must not exceed 300 hours. (sentence deleted by HO-163-N of 12 December 2013)

(Article 34 amended by HO-95-N of 14 April 2011, HO-163-N of 12 December 2013)

 

Article 35.

Engaging officers of National Security Bodies in service on non-working days and public holidays

1. In the cases provided for by Article 34 of this Law, officers of the National Security Bodies may engage in service on non-working days and public holidays.

2. Additional payments shall be paid for the service on non-working days and public holidays under the procedure and conditions prescribed by the Government of the Republic of Armenia.

3. The procedure for calculation of service on non-working days and public holidays, as well as overtime service shall be prescribed by the head of the State Authorised Body.

 

Article 36.

Time of duty

1. The duration of monthly time of duty must not exceed 150 hours.

2. (part repealed by HO-163-N of 12 December 2013)

3. The procedure for calculating the time of duty shall be prescribed by the head of the State Authorised Body.

(Article 36 amended by HO-163-N of 12 December 2013)

 

Article 37.

Leave of officers of National Security Bodies

1. The following shall, with preservation of the remuneration, be granted to officers of the National Security Bodies:

(1) regular (annual) leave;

(2) study leave;

(3) additional (short-term) leave;

(4) sick leave;

(5) prenatal and post-natal leaves, as well as leave granted for taking care of a child to female officers.

2. Other leaves prescribed by law and other legal acts shall be granted to officers of the National Security Bodies.

3. The leaves referred to in points 2-5 of part 1 of this Article, shall not be calculated in the regular leave of the officers.

4. The procedure for granting the leaves prescribed in part 1 of this Article shall be prescribed by the head of the State Authorised Body.

(Article 37 amended by HO-163-N of 12 December 2013)

 

Article 38.

Regular leave

1. The duration of the regular leave shall be prescribed:

(1) for officers having served for up to 15 calendar years – 30 days;

(2) for officers having served for 15-25 calendar years – 40 days;

(3) for officers having served for 25 and more calendar years – 45 days.

1.1. The regular leave may, upon the wish of the officers, be granted in part, but not more than in two parts.

2. Recall from annual leave shall be permitted only in exceptional cases based on official exigency, upon the order of the official granting the leave. In that case the days of leave that were not used shall be granted during the same year, where they comprise 15 and more days. The days of leave that were not used shall, upon the wish of the officer, be added to the days of the regular leave of the next year.

3. When determining the time of regular leave, priority shall be given to:

(1) participants of combat operations;

(2) officers having three and more children under the age of 16;

(3) officers having a spouse or child with disabilities.

4. Based on the relevant health certificate issued by the attending physician and the head of the medical institution (head doctor), the leave of the officer having contracted a disease during the annual leave shall be extended for the number of days not used because of disease.

In case the health certificate referred to in this part is issued by another institution, it shall be confirmed by the military and medical service of the National Security Bodies.

5. During the year when the officers of the National Security Bodies join the service and are released from service, the regular leave shall be calculated through dividing the total duration of the leave due according to law by twelve and multiplying the days received by the number of months during which the officer has fully served. Moreover, incomplete months and days shall be rounded off by way of addition.

6. In case of declaration of martial law, the leave of officers of the National Security Bodies shall be interrupted, except for prenatal and post-natal leaves of female officers, as well as leave granted thereto for taking care of a child.

(Article 38 supplemented by HO-269-N of 23 March 2018)

 

Article 39.

Study leave

Study leave shall be granted to officers of the National Security Bodies studying, under the procedure prescribed by this Law, by off-site education in higher educational institutions, in accordance with the period of studies and examinations.

 

Article 40.

Additional (short-term) leave

Additional leave shall be granted:

(1) under the procedure and for a duration prescribed by laws and other legal acts regulating the relations of officers with regard to social security.

(2) based on family conditions and other valid reasons - for duration of up to ten days.

 

Article 41.

Sick leave

1. Sick leave shall be granted to officers of the National Security Bodies based on the opinion of medical and military commission.

2. Sick leave shall be granted to officers for up to 60 days, except for the cases provided for by part 3 of this Article.

3. The time period of uninterrupted medical leave and sick leave must not generally exceed 4 months, except for the cases when longer periods of time are prescribed by the legislation for treatment of certain diseases.

The time period referred to in this part may be extended by the head of the State Authorised Body, based on the opinion of the medical institution.

4. Following the time period of uninterrupted medical leave or sick leave, the officer shall be subject to examination by the military and medical commission in order to decide on the possibility of continuing further service.

 

Article 42.

Prenatal and post-natal leaves, leave for taking care of a child

1. Prenatal and post-natal leaves, as well as leave for taking care of a child shall be granted to female officers of the National Security Bodies under the procedure prescribed by the legislation of the Republic of Armenia.

2. Prenatal and post-natal leaves, as well as leave for taking care of a child shall be calculated in the uninterrupted service record of female officers in order to establish official pay rate, give lump-sum monetary reward and calculate pension.

The position of female officers shall be preserved during the leave granted for taking care of a child.

3. During the prenatal and post-natal year, regular leave shall be granted to female officers for the duration of the leave of the current year, during the year of expiry of the leave for taking care of a child - in proportion to the day of expiry, before the end of the calendar year, as per calculation of two and half days for each full month of service.

(Article 42 amended by HO-163-N of 12 December 2013)

 

CHAPTER 7

 

OTHER CONDITIONS OF SERVICE OF OFFICERS OF NASTIONAL SECURITY BODIES

 

Article 43.

Limitations imposed on officers of National Security Bodies

1. Officers of the National Security Bodies shall not be entitled to:

(1) perform any paid work other than scientific, pedagogical, and creative work;

(2) be Deputies of the National Assembly, hold elective or other positions in the state and local self-government bodies;

(3) be engaged in entrepreneurial activity in person;

(4) act as representatives of third persons in relations with such authority where they serve or report directly thereto or are under his or her direct supervision;

(5) receive royalties for publications or speeches arising from the performance of their official duties;

(6) use logistics, financial and information means, other state property, as well as information related to service for purposes other than official purposes;

(7) accept gifts, gratuity or services from other persons for performance of official duties, except for the cases provided for by the legislation of the Republic of Armenia;

(8) be a member of any political party, non-governmental organisation (except for organisations based on common scientific, cultural, sport, hunting and similar interests), including religious organisations and trade unions;

(9) use of official position to the benefit of political parties, religious organisations, public associations and propaganda in favour of the activities thereof;

(10) organise or participate in strikes.

2. Officers of the National Security Bodies shall - within one month after joining service in the National Security Bodies - be obliged, in case of having a share (stock, unit) in the authorised (share, unit) capital of commercial organisation, to assign it for trust management, under the procedure prescribed by the legislation of the Republic of Armenia. Officers of the National Security Bodies shall have the right to receive income from the property assigned for trust management.

3. Working jointly with persons having kinship or in-law relations (parent, spouse, child, brother, sister, grandmother, grandfather, parent of a spouse, child of a spouse, brother or sister of a spouse, grandmother and grandfather of a spouse) where their service is related to direct subordination or direct supervision to one another.

4. Officers of the National Security Bodies shall not - within a period of one year following the dismissal from service - have the right to be employed by an employer or become a member of an organisation over which they have been exercising direct control during the last year of their service.

5. Officers of the National Security Bodies shall not be given the carbon copy of the orders on their appointment to position, transfer to another position, dismissal, release from service or on imposing a disciplinary penalty thereon, where the order comprises state or official secret or information not subject to publication. In this case, they shall be given an extract from the order, from which the information comprising state or official secret or information not subject to publication shall be removed.

6. Officers of the National Security Bodies shall be allowed access to state or official secrets under the procedure prescribed by the Law of the Republic of Armenia "On state and official secret".

7. Officers of the National Security Bodies may receive off-site education in higher educational institutions contributing to deepening of professional knowledge related to their specialisation or the nature of their work only upon the permission of the head of the State Authorised Body.

(Article 43 edited by HO-95-N of 14 April 2011, amended by HO-117-N of 19 March 2012)

 

Article 44.

Limitations on giving orders to officers

1. Officers may not be given verbal or written orders (directives, instructions) that:

(1) contradict the Constitution and laws of the Republic of Armenia;

2) are not within the scope of powers of the person issuing or executing the orders (directives, instructions).

2. While receiving the orders (directives, instructions) referred to in this Article, officers shall be obliged to be guided by the requirements of laws by informing the supervisor thereon.

 

Article 45.

Compensation of training expenses

1. Officials seconded to educational institutions in order to receive education or training shall be obliged to compensate the expenses incurred by the State for their studies or training, where they:

(1) have voluntarily discontinued studies or training without a valid reason;

(2) have been released from service in the National Security Bodies upon the grounds provided for by points 3, 6-10, 12-14 of part 1 of Article 47 of this Law;

(3) have been released from service in the National Security Bodies on the occasion of having found another job.

2. In the cases provided for by part 1 of this Article, officers of the National Security Bodies shall not compensate the expenses incurred by the State for their studies or training, where they:

(1) have served in the National Security Bodies for no less than five years after graduating from the educational institution, or for no less than two years after undergoing training;

(2) have been released from service upon the grounds provided for by this Law (except for the grounds provided for by points 2 and 3 of part 1 of this Article).

3. Compensation for the expenses incurred by the State for studies or training shall be carried out under the procedure prescribed by the legislation of the Republic of Armenia.

 

CHAPTER 8

 

THE PROCEDURE FOR RELEASING FROM SERVICE IN NATIONAL SECURITY BODIES

 

Article 46.

Releasing officers of National Security Bodies from service

Officers of the National Security Bodies shall be released:

(1) to the reserve of the State Authorised Body, under the procedure and in the cases prescribed by the head of the State Authorised Body;

(2) to the reserve of the Armed Forces, where they have not attained the age limit for being in the reserve of the Armed Forces and is fit or partially fit for military service;

(3) in case of resignation, where they have attained the age limit for being in the reserve of the Armed Forces, or the military and medical commission has declared them unfit for service due to health condition.

 

Article 47.

The grounds for releasing officers of National Security Bodies from service

1. Officers of the National Security Bodies shall be subject to release from office:

(1) on the occasion of age - in case of serving in the National Security Bodies and attaining the age limit;

(2) in case of acquiring the right to pension for long-term service under the procedure prescribed by law;

(3) in case of terminating citizenship of the Republic of Armenia, as well as acquiring citizenship of other state concurrently with the citizenship of the Republic of Armenia;

(4) due to health condition, in case of being declared unfit or partially fit for military service upon the opinion of the military and medical commission;

(5) in case of being declared, by the military and medical commission, unfit for continuing service with the position held, where they do not give consent to be appointed to another position;

(6) in case of being declared as having no or limited active legal capacity;

(7) in case of being disentitled as prescribed by the legislation of the Republic of Armenia;

(8) in case of entry into force of the criminal judgment rendered by the court with regard thereto;

(9) in case of reducing staff positions, where they do not give consent to being appointed to another position;

(10) due to incompatibility with service - under the attestation procedure;

(11) by a substantiated report with regard to having found another job or family circumstances;

(12) in case of expiry of the time limit for being placed in the personnel reserve, where they do not give consent to being appointed to the offered position;

(13) in case a relevant disciplinary penalty is imposed thereon;

(14) in case of failing to submit their income declaration under the procedure prescribed by law.

2. Officers of the National Security Bodies shall be released from office by the supervisor having the right to appoint them to the relevant positions.

Officers shall be settled accounts with on the day of being released from the National Security Bodies.

3. The right to wear military uniform may - upon the order of the supervisor having the right to release officers from service - be reserved to commissioned officers and non-commissioned officers having served in the National Security Bodies with distinction for twenty or more years (by privileged calculation), as well as having rendered special services to the Republic of Armenia, irrespective of the total time period of service in the National Security Bodies.

Officers holding the highest ranks of the National Security Bodies shall have the right to wear military uniform after completing service.

(Article 47 edited by HO-132-N of 14 December 2004, HO-142-N of 9 April 2007, amended by HO-1-N of 2 February 2010, edited by HO-163-N of 12 December 2013, amended by HO-269-N of 23 March 2018)

 

Article 48.

Payments made, privileges granted to and pension ensured for officers released from service

The payments made, privileges granted to and pension ensured for officers of the National Security Bodies released from service, as well as the conditions of granting pensions, types of pensions, financial aid provided and payments made with regard to retirement, the procedure for calculating service record granting the right to pension for long-term service, as well as other relations related to social protection shall be regulated by laws regulating the relations pertaining to social protection for military servants in the Armed Forces of the Republic of Armenia, as well as the Law of the Republic of Armenia "On remuneration for persons holding state positions and state service positions".

(Article 48 supplemented by HO-163-N of 12 December 2013, amended by HO-269-N of 23 March 2018)

 

CHAPTER 9

 

REINSTATEMENT IN SERVCE OR OFFICE

 

Article 49.

Reinstatement in service or office in national security bodies

Officers of the National Security Bodies having been declared, under the prescribed procedure, as groundlessly or unlawfully transferred in service, isolated from the performance of official duties, demoted in the position or in the rank, as well as released from service shall be subject to reinstatement in service, rank or position within a period of one month from the moment of submitting an application.

 

Article 50.

Calculation of the time limit for service following reinstatement in service

1. The time period between ungrounded or unlawful release and reinstatement shall also be calculated in the uninterrupted service record of officers having been groundlessly and unlawfully released from service and later reinstated, in the time limit for granting consecutive rank, as well as when granting pension.

2. Officers who have been groundlessly or unlawfully released from service shall receive monetary compensation for the time period until reinstatement thereof in the amount of the unpaid salary, but no more than for three months.

Officers who have been working in other organisations or have engaged in entrepreneurial activity from the moment of release until the day of reinstatement, shall be paid compensation in the amount of the difference between the official salary of the last position held and the monthly income received within the period of release from service, but no more than for three months.

3. Officers that have been groundlessly or unlawfully demoted shall be paid monetary compensation for the time period until their reinstatement in the amount of the salary not paid thereto.

(Article 50 amended, edited by HO-163-N of 12 December 2013)

 

CHAPTER 10

 

OTHER PROVISIONS

 

Article 51.

Educational institution of the Authorised Body

1. Educational institution (educational centre) shall function with the system of the Authorised Body.

2. Service in the educational institution shall be carried out in accordance with this Law and laws and legal acts regulating service in the Armed Forces.

3. Officers of National Security Bodies shall, on a contractual basis, be sent to educational (including military) institutions of the Republic of Armenia, as well as foreign states in order to study and undergo training.

 

Article 52.

Military and medical commission of National Security Bodies

The head of the State Authorised Body shall form a military and medical commission, the procedure for and the conditions of formation and functioning whereof shall be prescribed by the Government of the Republic of Armenia.

(Article 52 amended by HO-269-N of 23 March 2018)

 

Article 53.

Citizens carrying out service activities on a contractual basis in National Security Bodies

Persons carrying out service activities on a contractual basis in the National Security Bodies shall not be officers and shall be employed as prescribed by labour legislation of the Republic of Armenia.

 

Article 54.

Incentive measures applied to persons assisting in the activities of National Security Bodies

1. Incentive measures may, under the procedure and in the amount prescribed by the Government, be applied to persons assisting in the activities of the National Security Bodies.

2. State awards may, as prescribed by law, be granted to persons assisting in the activities of the National Security Bodies.

(Article 54 edited by HO-269-N of 23 March 2018)

 

Article 55.

Veterans of National Security Bodies

Persons released from service in the National Security Bodies upon the grounds specified in points 1, 2 and 4 of part 1 of Article 47 of this Law shall be deemed to be veterans of the National Security Bodies.

 

CHAPTER 11

 

TRANSITIONAL PROVISIONS

 

Article 56.

Entry into force of the Law

 

This Law shall enter into force from 1 June 2003.

 

Article 57.

Adoption of legal acts arising from this Law

The Government of the Republic of Armenia shall adopt legal acts arising from this Law within six months following the entry into force of this Law. Until the adoption of the relevant legal acts, the existing legal acts shall be in effect to the extent they do not contradict this Law.

 

Article 58.

First attestation of officers of National Security Bodies

1. The first attestation of officers of the National Security Bodies shall be held six days following the entry into force of this Law and shall be completed on 1 July 2006, moreover, each year 1/3 of the officers shall undergo attestation.

2. Until the entry into force of this Law, officers without higher education holding senior and chief positions of the National Security Bodies shall continue holding their positions in case of positive results of the attestation. Attestation of those officers shall be held in the first place.

In case of positive results of attestation, officers without higher education holding senior and chief positions of the National Security Bodies may, under the procedure prescribed by this Law, be appointed to higher positions following the completion of the relevant studies in the educational institution.

 

Article 59.

Taking into consideration the disciplinary penalties imposed previously

The disciplinary penalties imposed previously on the officers of the National Security Bodies shall remain in force.

 

Article 60.

Ranks conferred previously

1. The period of service with a rank conferred previously shall be taken into consideration when conferring ranks under the procedure prescribed by this Law.

2. Consecutive ranks shall not be conferred upon officers without higher education, whereupon ranks of commissioned officers have been conferred in the National Security Bodies before the entry into force of this Law, unless they receive higher education under the prescribed procedure.

3. Consecutive ranks shall - under the procedure prescribed by this Law - be conferred upon officers referred to in part 2 of this Article that subsequently received higher education, taking into consideration the time period of holding the previous rank.

 

Article 61.

Liability for violation of this Law

Persons violating this Law shall be held liable as prescribed by the legislation of the Republic of Armenia.

 

President of the Republic of Armenia	R. Kocharyan
7 May 2003 Yerevan HO-532-N