Chapter 6. Judicial Power

Article 108.

1. In the Nagorno Karabakh Republic justice shall be administered by the courts, in accordance with the Constitution and the laws.

2. Justice is realized by the constitutional, civil, criminal and other means of trial prescribed by law.

3. Judiciary is independent.

Article 109.

1. The judicial system of the Nagorno Karabakh Republic is composed of the first instance court of general jurisdiction, the courts of appeal, and the Supreme Court as well as specialized courts as stipulated by law.

2.The establishment of extraordinary courts is prohibited.

3.. The jurisdiction of the courts, their formation and activities are prescribed by the Constitution and laws.

3. The final verdicts of the courts are adopted in the name of the Nagorno Karabakh Republic.

Article 110.

1. Judges are appointed for life. A judge may hold office until the age of 65.

2. Powers of a judge are suspended only by the Constitution and in accordance with the cases and procedures stipulated by law.

Article 111.

A judge shall not hold any positions in trade organizations, positions unrelated to his/her duties in official state or local self-government bodies, engage in entrepreneurial activity as well as any paid occupation, except scientific, educational and creative work. Judges may not be members of any political party.

Article 112.

1. When administering justice, judges are independent.

2. The guarantees for the exercise of their duties and the grounds and procedures of the legal responsibility applicable to judges shall be stipulated the Constitution and law.

3. Judges may not be subject to detention, be arrested or accused as they cannot be subject to administrative responsibility without the consent of the President of the Republic and the provisions of Article 116 of the Constitution.

4. Judges cannot be arrested, with the exception of cases when the arrest is being realized at the time of the committing of a crime or immediately after. In the event of the arrest of a judge, the President of the Republic and the president of the Supreme Court are notified immediately.

Article 113.

1. The supreme judicial body of the Nagorno Karabakh Republic is the Supreme Court.

2. The Supreme Court is comprised of Constitutional and Appeal courts.

3. The Supreme Court upholds the supremacy of the Constitution and equal application of law.

4. The president of the Supreme Court and other judges are appointed by the National Assembly at the recommendation of the President of the Republic.

Article 114.

1. The Supreme Court administers Constitutional justice. The Supreme Court by procedures stipulated by law:

1.1 shall decide on whether the laws, the resolutions of the National Assembly, the orders and decrees of the President of the Republic, the resolutions of Government, the Prime Minister, local self-government bodies are in conformity with the Constitution;

1.2 shall decide, prior to the ratification of an international treaty, whether the obligations assumed therein are in conformity with the Constitution;

1.3 shall rule on disputes concerning referenda;

1.4 shall rule on disputes concerning the decision adopted on election of the President of the Republic and election of the Deputies.

1.5 shall ascertain the existence of insurmountable obstacles facing a presidential candidate or the elimination of such obstacles;

1.6 shall determine whether there are grounds for the removal of the President of the Republic.

1.7 shall determine whether the President of the Republic is incapable of continuing to perform his/her duties.

1.8 shall determine whether there are grounds for the removal of a member of the Supreme Court, his/her initiation of administrative or criminal proceedings or arrest through the judicial process;

1.9 shall decide on the suspension or prohibition of a political party in cases as stipulated by law.


2. As stipulated by point 1 of the issues by Constitution and law, the Supreme Court may hear cases submitted by;

2.1 President of the Constitution for the cases specified in points 1.1, 1.2, 1.3, 1.8, and 1.9.

2.2 The National Assembly for the cases specified in points 1.3, 1.6, 1.8, and 1.9.

2.3 At least one-fifth of the members of the National Assembly in cases as specified by points 1.1 and 1.3.

2.4 The Government in cases as specified in points 1.1, 1.7, 1.9.

2.5 Local self-government bodies in cases when their constitutional rights have been violated by the normative acts of the state bodies in accordance with the Constitution.

2.6 Everyone in cases stipulated by law

2.7 The courts and Prosecutor General in the conduct of specific cases, constitutionality of the normative acts.

2.8 The Ombudsman points itemized in 1.1, in accordance with the cases specified in Chapter II of the Constitution.

2.9 The Presidential candidates and members of the National Assembly within the parameters of the points 1.4 and 1.5.

The Supreme Court examines only cases filed through corresponding petitions.

3. The Supreme Court adopts resolutions on the issues provided for in points 1.1, 1.5, 1.9 of this article, and in the case of points 1.6 and 1.8 it issues decisions. Decisions and issues provided for in point 1.9 are adopted by at least two-third of the votes of the overall number of its members, the remaining decisions by a majority vote of the votes of overall number. The Decisions and conclusions shall be final and shall come into force following the publication thereof.

4. Legal acts or separate provisions of 1.1. of the part 1 of this Article that contravene with the Constitution shall become ineffective. The Supreme Court may adopt a decision stipulating a later term for invalidating a normative act or a separate provision contradicting the Constitution .

5. If the decision of the court is negative, the issue shall be removed from the scope of competence of the relevant body.

Article 115.

1.The Justice Council is formed and functions as prescribed by the Constitution and Law.

2. The Justice Council is composed of the President of the Republic, two jurists appointed by the National Assembly, and five judges elected in a secret ballot by the General Assembly of the judges of the Republic for five years as prescribed by the law.

3. The President of the Supreme Court runs the meetings of the Justice Council without the right to vote.

Article 116.

The Justice Council by procedures stipulated by law:

1. shall prepare and propose a list of candidates for the positions of judges and their staff, and present it to the President of the Republic for approval, based on which appointments are made.

2. shall make a suggestion to the Republic’s President on the nominations of the judges;

3. shall take disciplinary actions against judges.

4. shall make recommendations to the President of the Republic regarding the removal from office of a judge. In regard to a Supreme Court judge, the conclusion of the President of the Republic is given based on the conclusion of the Supreme Court.

5. The President of the Republic shall recommend arresting a judge, and initiate administrative or criminal proceedings through the judicial process against a judge. In regard to the judges of the Supreme Court, the conclusion of the President of the Republic is given based on the conclusion of the Supreme Court.