LAW

Adopted on 3 December 2003

ON ENSURING THE SECURITY OF PERSONS FALLING UNDER SPECIAL STATE PROTECTION

This Law shall establish the legal grounds, principles of organising and implementing the security of persons falling under special state protection, the powers of the body implementing state safeguarding, the rules of procedure and peculiarities of the activities thereof, as well as shall regulate the relations arising in this field.

CHAPTER 1.

GENERAL PROVISIONS

The main concepts used in this Law shall have the following meanings:

“state safeguarding” - a function in the field of ensuring the security of objects of state safeguarding and protection of objects subject to safeguarding, which is performed on the basis of a combination of legal, organisational, safeguarding, regime-related, operational intelligence, technical and other measures;

“objects of state safeguarding” - persons falling under special state protection by this Law;

“objects subject to safeguarding” - buildings, premises, structures of permanent and temporary locations of objects of state safeguarding, areas adjacent thereto, means of transportation, which are subject to state safeguarding for the purpose of ensuring the security of objects of state safeguarding, as well as buildings, premises, structures, areas adjacent thereto and means of transportation used by the state safeguarding body;

“safeguarding measures” - a combination of actions carried out by the state safeguarding body in order to ensure the security of objects of state safeguarding and protection of objects subject to safeguarding, which includes also the involvement of other state bodies ensuring security;

“checkpoint regime” - an established procedure for entry into and exit from objects subject to safeguarding, by persons, means of transportation and items

.

State safeguarding shall be implemented on the basis of the Constitution of the Republic of Armenia, international treaties of the Republic of Armenia, this Law, other laws and legal acts.

State safeguarding shall be implemented by combination of the principles of lawfulness, respect to human and citizen’s rights and freedoms, honour and dignity, application of open and confidential methods and measures of activities, humanism, continuity, political neutrality and centralised management.

(Article 3 amended by HO-275-N of 23 March 2018)

State safeguarding shall be ensured by implementing the following measures:

(1) implementing individual safeguarding of objects of state safeguarding, ensuring the special communication and transportation support thereof, as well as providing information on the danger posed to the security thereof;

(2) carrying out operational intelligence activities in accordance with the legislation;

(3) maintaining public order and implementing safeguarding measures at permanent or temporary locations of objects of state safeguarding;

(4) ensuring established checkpoint regime and procedure at objects subject to safeguarding.

CHAPTER 2.

OBJECTS OF STATE SAFEGUARDING

1. High-ranking officials prescribed by this Law, persons having been provided with state safeguarding in accordance with this Law, as well as the heads of foreign States and governments and other persons shall be classified as objects of state safeguarding during their stay in the territory of the Republic of Armenia.

2. State safeguarding shall be provided to:

(1) the President of the Republic of Armenia;

(2) the Prime Minister;

(3) the Chairperson of the National Assembly;

(4) the candidate for Prime Minister in the cases provided for by part 2 of Article 6.1 of this Law.

The President of the Republic [of Armenia], the Prime Minister and the Chairperson of the National Assembly shall not be entitled to waive state safeguarding during their term of office, whereas the candidate for Prime Minister - prior to deciding on the issue of appointing him or her to the position of a Prime Minister.

3. State safeguarding may be provided to other state officials, public, political, religious and other actors, as well as to other persons upon the decision of the Prime Minister. Safeguarding of these persons may be implemented by the competent state body prescribed by the Prime Minister.

3.1. The decision of the Prime Minister provided for by part 3 of this Article shall not be subject to delivery in public.

4. Where persons falling under special state protection (except for the persons provided for by part 2 of this Article) commit an administrative infraction or crime (unlawful act), the head of the group implementing state safeguarding shall be obliged to:

(1) immediately inform the person falling under special state protection that state safeguarding may be suspended in the course of committal of an unlawful act by this person;

(2) immediately report to the head of the State Safeguarding Service (hereinafter referred to as “the Service”) on appropriateness of further implementation of state safeguarding.

Where the person falling under special state protection continues the committal of the unlawful act after having been notified as prescribed by point 1 of part 4 of this Article, state safeguarding may be suspended in the course of committal of this act upon the decision of the head of the group implementing state safeguarding. In case of committing an administrative infraction or crime again after having been informed under the same procedure, state safeguarding shall be terminated upon the decision of the head of the Service.

5. Persons falling under special state protection, except for the persons provided for by part 2 of this Article, may temporarily waive state safeguarding by notifying the head of the Service in writing.

(Article 5 supplemented by HO-3-N of 20 March 2008, edited, amended and supplemented by HO-275-N of 23 March 2018)

(Title amended by HO-275-N of 23 March 2018)

1. The President of the Republic of Armenia shall be provided with state safeguarding after having been elected.

2. During the term of office of the President of the Republic of Armenia, state safeguarding shall be provided also to the family members jointly residing therewith as well as accompanying him or her.

3. The retired President of the Republic [of Armenia] shall be provided with personal state safeguarding for life, except for the cases provided for by law. The retired President of the Republic [of Armenia] may waive state safeguarding temporarily or permanently by notifying the head of the Service thereon in writing.

(Article 6 edited by HO-3-N of 20 March 2008, amended and edited by HO-275-N of 23 March 2018)

1. The Prime Minister shall, after having been appointed, be provided with state safeguarding at his or her permanent and temporary places of stay to the full extent of measures provided for by Article 4 of this Law.

2. State safeguarding shall be also provided to:

(1) the candidate for the Prime Minister nominated by the parliamentary majority, from the moment of proposing his or her candidacy to the President of the Republic [of Armenia], in accordance with part 1 of Article 149 of the Constitution;

(2) the candidate for the Prime Minister elected by the National Assembly, from the moment of adoption of the decision on electing a Prime Minister, in accordance with parts 2 or 3 of Article 149 of the Constitution.

3. During the term of office of the Prime Minister, state safeguarding shall be provided also to the family members jointly residing therewith as well as accompanying him or her.

4. The retired Prime Minister shall be provided with personal state safeguarding for life, except for the cases provided for by law. The retired Prime Minister may temporarily or permanently waive state safeguarding by notifying the head of the Service thereon in writing.

(Article 6.1 supplemented by HO-275-N of 23 March 2018)

(Title amended by HO-275-N of 23 March 2018)

State safeguarding shall be provided to the Chairperson of the National Assembly of the Republic of Armenia during the term of office thereof.

(Article 7 amended by HO-275-N of 23 March 2018)

The measures for ensuring state safeguarding of persons referred to in part 3 of Article 5, Articles 6 and 7 of this Law shall be implemented based on the nature and degree of the danger posed to the security thereof, as prescribed by this Law and other legal acts.

(Article 8 amended by HO-275-N of 23 March 2018)

1. The measures for ensuring state safeguarding of the heads of foreign States and governments and their family members during their stay in the territory of the Republic of Armenia shall be implemented in line with the legislation of the Republic of Armenia, as well as in accordance with the agreements reached between the state body implementing state safeguarding and the competent bodies of foreign States.

2. State safeguarding may, upon the decision of the Prime Minister, be provided to other foreign state officials, public, political, religious and other actors, as well as to other persons, during their stay in the territory of the Republic of Armenia. Safeguarding of these persons may be implemented by the competent state body prescribed by the Prime Minister.

3. The decision of the Prime Minister provided for by part 2 of this Article shall not be subject to delivery in public.

(Article 9 amended, edited and supplemented by HO-275-N of 23 March 2018)

CHAPTER 3.

THE BODY IMPLEMENTING STATE SAFEGUARDING

1 The Service shall be deemed as the body implementing state safeguarding.

2. The Service is an office of the National Security Service.

3. Management of the Service shall be carried out by the Prime Minister, in the cases and under the procedure prescribed by the Law of the Republic of Armenia “On regulation of managerial legal relations”.

4. General management of the Service shall be carried out by the director of the National Security Service.

5. Direct management of the Service shall be carried out by the head of the State Safeguarding Service.

6. Safeguarding of individual objects of state safeguarding shall be directly managed by the head for safeguarding of the object of state safeguarding.

7. (Part repealed by HO-275-N of 23 March 2018)

8. (Part repealed by HO-275-N of 23 March 2018)

9. The statute and structure of the Service, the number of officers and civil staff shall be approved by the Prime Minister. The Service may have both primary professional and supporting professional structural subdivisions.

10. Other state bodies ensuring security shall, within the scope of their powers enshrined by law, also participate in ensuring the security of objects of state safeguarding and protection of objects subject to safeguarding.

(Article 10 amended, edited and supplemented by HO-275-N of 23 March 2018)

(Title amended by HO-275-N of 23 March 2018)

The main tasks of the Service shall be as follows:

(1) to prevent and identify the danger posed to the objects of state safeguarding, to implement complex measures aimed at preventing these threats;

(2) to ensure the security of objects of state safeguarding at their permanent or temporary locations, including during traffic;

(3) to ensure the organisation and implementation of appropriate communication within the scope of their powers;

(4) to participate, within the scope of their powers, in the fight against terrorism;

(5) to protect objects subject to safeguarding;

(6) to detect, prevent and preclude crimes and other offences committed at objects subject to safeguarding;

(7) to ensure the established checkpoint regime and procedure at objects subject to safeguarding.

(Article 11 amended by HO-275-N of 23 March 2018)

(Title amended by HO-275-N of 23 March 2018)

The Service shall be obliged to:

(1) detect, prevent and preclude illegal encroachments against objects of state safeguarding and objects subject to safeguarding;

(2) organise and implement safeguarding, regime-related, technical and other measures aimed at ensuring the security of objects of state safeguarding;

(3) ensure the maintenance of public order, necessary for ensuring the security of objects of state safeguarding at their permanent or temporary locations, eliminate the obstacles hindering the implementation of state safeguarding;

(4) ensure, where necessary, the escort of means of transportation, by which the objects of state safeguarding travel;

(5) organise and implement, within the scope of its powers, measures aimed at the development and improvement of the communication system required for the activities thereof, ensure the reliability, information security and operative nature thereof;

(6) carry out cryptographic activities;

(7) ensure the information analysis of the activities thereof;

(8) organise and carry out the preparation of specialists in the field of state safeguarding, training of officers and qualification raising;

(9) ensure own security;

(10) in co-operation with relevant bodies, implement measures in order to prevent the outflow of information from technical means of objects subject to safeguarding;

(11) co-operate, within the scope of its competence, with special services, law-enforcement bodies and relevant organisations of foreign States.

(Article 12 amended and supplemented by HO-275-N of 23 March 2018)

(Title amended by HO-275-N of 23 March 2018)

The Service shall, with a view of implementing state safeguarding, be entitled to:

(1) involve necessary forces and resources with a view of preparing and implementing safeguarding measures aimed at ensuring security;

(2) carry out, within the scope of its powers, operational intelligence activities in line with the legislation on operational intelligence activities;

(3) organise and carry out operational technical inspections at permanent or temporary locations of the objects of state safeguarding, as well as sanitary-hygienic, radiation and anti-epidemic control - with the involvement of relevant services;

(4) check the personal identification documents of officials and citizens upon entry into and exit from the objects subject to safeguarding, carry out personal examination thereof, as well as examination of the items held thereby, their means of transportation and items transported by the latter, including by use of technical means;

(5) maintain documentation, photography, audio-recording and vide-recording of the facts and events;

(6) arrest and deliver to relevant bodies the persons having committed or having attempted to commit an offence at temporary or permanent locations of the objects of state safeguarding, who have hindered to follow the lawful orders of state safeguarding body, as well as have illegally entered or have attempted to illegally enter the objects subject to safeguarding;

(7) apply to state administration bodies, local self-government bodies and organisations with a motion of eliminating the reasons and conditions posing danger to the objects of state safeguarding and objects subject to safeguarding;

(8) have free access to residential areas, buildings, premises, land parcels, if the delay may cause threat to the security of the objects of state safeguarding.

If the actions provided for by this point have been performed against the will of citizens or officials, accompanied by deprivation of liberty of these persons, the Service shall, within 24 hours, inform the prosecutor of the given district thereon;

(9) undertake, where necessary, measures to temporarily restrict the traffic of means of transportation and pedestrians, preclude the means of transportation from being situated in and citizens from staying in certain places and objects, as well as from moving means of transportation from these places;

(10) receive information, on free-of-charge basis, from state administration bodies as well as local self-government bodies and organisations, that is necessary for implementation of its tasks;

(11) carry out cryptographic activities;

(12) permit the officers of the Service to keep, carry and use, as prescribed by law, firearms and special means;

(13) render services on a contractual basis, in accordance with the legislation of the Republic of Armenia;

(14) ensure own security;

(15) exchange, within the scope of its competence, operational information, special technical and other means with special services, law-enforcement bodies and organisations of foreign States, as well as agree on the procedure and conditions for ensuring the security of state safeguarding bodies outside the territory of the Republic of Armenia;

(16) participate, as prescribed by the legislation of the Republic of Armenia, in the development of draft international treaties of the Republic of Armenia relating to its competence.

(Article 13 amended by HO-222-N of 23 March 2018, HO-275-N of 23 March 2018)

(Title amended by HO-275-N of 23 March 2018)

1. The Service shall, in co-operation with state and local self-government bodies and other organisations, ensure the security of objects of state safeguarding.

2. The Service shall, within the scope of its competence, organise the co-operation with state bodies ensuring security and co-ordinate their activities in the field of state safeguarding.

3. State and local self-government bodies shall be obliged to assist the Service in ensuring the security of the objects of state safeguarding.

4. Co-operation of the Service with special services, law-enforcement bodies and organisations of foreign States shall be carried out on the basis of international treaties of the Republic of Armenia and its mutual agreements reached.

(Article 14 amended by HO-275-N of 23 March 2018)

(Title amended by HO-275-N of 23 March 2018)

State and official secrets within the Service shall be protected in accordance with the legislation of the Republic of Armenia on state and official secret.

(Article 15 amended by HO-275-N of 23 March 2018)

CHAPTER 4.

SERVICE WITHIN THE SERVICE, SOCIAL GUARANTEES FOR OFFICERS OF THE SERVICE

(Title amended by HO-275-N of 23 March 2018)

(Title amended by HO-275-N of 23 March 2018)

1. The Service shall be recruited with military servicemen and civil staff holding the citizenship of the Republic of Armenia.

Commissioned officers and non-commissioned officers of the Service shall be deemed as military servicemen of national security bodies and shall undergo military service within national security bodies in accordance with the legislation regulating service, taking into account the peculiarities prescribed by this Law.

The service of civil staff of the Service shall be regulated by the legislation of the Republic of Armenia and the legal acts prescribing employment peculiarities within the Service.

2. In the course of performance of official duties, following the orders of an officer of the Service set forth within the scope of the competence thereof, shall be binding for all state and local self-government bodies, officials, organisations and citizens.

3. In the course of performance of official duties, failure to follow the lawful orders of an officer of the Service or hindering the performance of the duties thereof shall entail liability as prescribed by law.

4. The professional preparation, training and qualification raising of officers of the Service shall be carried out in accordance with the legislation of the Republic of Armenia.

5. The description of the uniform and distinctive emblems of military servicemen of the Service shall be approved by the Prime Minister.

(Article 16 amended by HO-275-N of 23 March 2018)

1. The head of the Service shall be appointed to or dismissed from office by the President of the Republic of Armenia, upon proposal of the Prime Minister.

2. The first deputy head of the Service shall be appointed to or dismissed from office by the Prime Minister, upon nomination by the Head of the National Security Service.

3. The deputy heads of the Service shall be appointed to or dismissed from office by the Head of the National Security Service, upon nomination by the head of the Service.

4. The Head of the National Security Service shall, upon nomination by the head of the Service, make appointments to the positions of the Service occupied with commissioned ranks (except for those of junior commissioned officers) and shall grant ranks to these officers.

5. The head of the Service shall make appointments to the positions of the Service occupied with commissioned and non-commissioned ranks and shall grant ranks to these officers.

(Article 16.1 supplemented by HO-275-N of 23 March 2018)

1. The proposal of the Prime Minister on the appointment to or dismissal from office of the head of the Service shall be submitted in writing and shall include the name, surname, patronymic of the person nominated for the appointment to the position, information on his or her professional career and his or her rank.

2. The relevant draft decree of the President of the Republic [of Armenia] on appointment to or dismissal from office shall be attached to the proposal of the Prime Minister on appointment of the head of the Service.

3. The President of the Republic [of Armenia] shall, within a period of three days following the receipt of the proposal of the Prime Minister, sign the draft decree attached to the proposal or return it to the Prime Minister with objections.

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

5. Where the Constitutional Court adopts a decision on declaring the proposal submitted by the Prime Minister to the President of the Republic [of Armenia] as complying with the Constitution, the President of the Republic [of Armenia] shall sign the relevant decree within a period of three days.

6. Where the Constitutional Court adopts a decision on declaring the proposal submitted by the Prime Minister to the President of the Republic [of Armenia] as contradicting the Constitution, the Prime Minister shall, within period of five days, submit a new proposal under the procedure prescribed by part 1 of this Article.

7. Where the President of the Republic [of Armenia] fails to fulfil the requirements prescribed by parts 3-5 of this Article, the given person shall, pursuant to Article 139 of the Constitution, be deemed as appointed to or dismissed from office by virtue of law on the day following the expiry of the period of three days prescribed by parts 3-5 of this Article, whereon the Prime Minister shall deliver a written statement.

The written statement shall be signed by the Prime Minister and promulgated on the official website of the Government.

(Article 16.2 supplemented by HO-275-N of 23 March 2018)

(Title amended by HO-275-N of 23 March 2018)

1. The officer of the Service shall, as prescribed by the legislation of the Republic of Armenia, be subjected to liability for failure to fulfil or improper fulfilment of his or her duties.

2. The unlawful actions of officers of the Service may be appealed against by way of superiority or through judicial procedure.

(Article 17 amended by HO-275-N of 23 March 2018)

(Title amended by HO-275-N of 23 March 2018)

Social protection of officers of the Service and their family members shall be implemented in accordance with the legislation regulating the relations pertaining to social security of officers within national security bodies and their family members.

(Article 18 amended by HO-275-N of 23 March 2018)

CHAPTER 5.

APPLICATION OF PHYSICAL FORCE, SPECIAL MEANS AND WEAPONS BY OFFICERS OF THE SERVICE

(Title amended by HO-275-N of 23 March 2018)

1. Officers of the Service shall be entitled to use physical force, special means and weapons under the procedure and in the cases prescribed by this Law, if other means do not ensure the performance of duties imposed on the Service.

When making a choice of using physical force, special means and/or weapons, the officer of the Service shall be guided by the existing situation, the nature of offence and the personality of the offender.

2. When using physical force, special means and/or weapons, the officer of the Service shall be obliged to:

(1) warn about his or her intention to use them, by giving the person enough time to follow his or her orders, except for the cases where the delay creates imminent danger to the life or health of the objects of state safeguarding, officers of the Service or other officers and persons involved in the performance of safeguarding measures, or where such warning is impossible to make in the existing situation;

(2) use them proportional to the nature of and degree of the danger posed by the offence or resistance, so that the damage caused to the offender is brought to a minimum;

(3) render first aid to persons having received bodily injuries.

3. The officers of the Service shall not bear responsibility for using physical force, special means and/or weapons in the cases provided for by this Law, if an excess of necessary defence or extreme necessity or of measures required for arresting the offender has not taken place in the given case.

4. The use of physical force, special means and/or weapons by abuse of powers shall entail liability prescribed by law.

5. (Part repealed by HO-275-N of 23 March 2018)

(Article 19 amended by HO-275-N of 23 March 2018)

The officers of the Service shall have the right to use physical force for preventing crimes and other offences, arresting persons having committed them and overcoming the counteraction to the lawful orders of officers.

(Article 20 amended by HO-275-N of 23 March 2018)

1. Officers of the Service shall, personally or in the course of performing the duties within the subdivision, be entitled to use special means in the following cases:

(1) when resisting an attack or threat of attack on the objects of state safeguarding;

(2) when preventing an attack or threat of attack made on or resistance shown to the officers of other state bodies ensuring the security of officers of the Service and citizens;

(3) when resisting an attack or threat of attack on the objects subject to safeguarding and means of transportation;

(4) when arresting offenders and other persons in respect of which there are reasonable grounds to believe that they are inclined to show resistance or hinder the performance of duties of officers of the Service, as well as when apprehending them to relevant bodies.

In addition, special means may be used in the cases provided for by Article 22 of this Law.

2. Use of special means against women with obvious signs of pregnancy, persons with obvious disability and minors shall be prohibited, except for the cases where they show armed resistance and commit actions posing a real danger to the life and health of an officer.

3. In case of absence of special means or weapons under conditions of necessary defence or extreme necessity, the officer of the Service shall be entitled to apply all possible means at hand.

(Article 21 amended by HO-275-N of 23 March 2018)

1. Officers of the Service shall, personally or within the subdivision, be entitled to apply weapons as a measure of last resort:

(1) when preventing an attack or threat of attack posing danger to the life and health of an object of state safeguarding;

(2) when preventing an attack or threat of attack on the officers of the Service or other officers involved in ensuring safeguarding measures, in case of a danger posed to the life and health thereof, as well as when preventing the attempt of taking possession of their weapons;

(3) when resisting an attack or threat of attack on objects subject to safeguarding and means of transportation;

(4) when releasing hostages, preventing terrorist and other criminal encroachments;

(5) when stopping a vehicle by causing damage thereto, if the driver creates a real danger to the life and health of the object of state safeguarding and does not obey the signals of the officer to stop the vehicle;

(6) when neutralising the animals posing an imminent danger to the life and health of the objects of state safeguarding and other citizens;

(7) when firing a warning shot about the intention to use a weapon, while sounding the alarm or calling for help.

2. Use of weapons against women with obvious signs of pregnancy, persons with obvious disability and minors shall be prohibited, except for the cases where they show armed resistance and commit actions posing a real danger to the life and health of an officer.

The officer of the Service shall be entitled to use a weapon without warning as prescribed by law, at any attempt of approaching by the arrested person to the officer of the Service making the arrest with a bared weapon (by breaking the distance required by the latter), as well as that of making an unexpected abrupt movement without permission, putting his or her hands in the pockets or stretching his or her hands to the weapon.

The officer of the Service shall be obliged to report to his or her immediate superior about all the cases of application of weapons.

(Article 22 amended by HO-275-N of 23 March 2018)

CHAPTER 6.

FINANCING, LOGISTICS AND OTHER SUPPORT OF THE SERVICE

(Title amended by HO-275-N of 23 March 2018)

(Title amended by HO-275-N of 23 March 2018)

Financing of the Service shall be carried out at the expense of the State Budget of the Republic of Armenia and other means provided for by legislation.

A special line-item shall be envisaged for the Service in the State Budget of the Republic of Armenia.

(Article 23 amended by HO-275-N of 23 March 2018)

(Title amended by HO-275-N of 23 March 2018)

Logistics support of the Service, fulfilment of housing, household, food, material aid, encouragement and other social needs shall be ensured at the expense of the State Budget of the Republic of Armenia and other means provided for by legislation, including means obtained in return for services rendered on a contractual basis.

(Article 24 amended by HO-275-N of 23 March 2018)

CHAPTER 7.

FINAL PROVISIONS

The State Safeguarding Service of the Republic of Armenia shall be the legal successor of the Department for Ensuring Security of the President and Other High-Ranking Officials of the Republic of Armenia.

This Law shall enter into force from 1 July 2004.

President of the Republic of Armenia	R. Kocharyan
23 December 2003 Yerevan HO-40-N