EUROPAM

European Public Accountability Mechanisms

Armenia

Country score (European Average*)
  • 80(67) Political Financing
  • 76(50) Financial Disclosure
  • 35(41) Conflict of Interest
  • 76(56) Freedom of Information
  • 64(65) Public Procurement

Country Facts

IncomeLower middle
GNI per capita (2011 PPP $)8,720
Population, total3,017,712
Urban population (% of total)62.7
Internet users (per 100 people)46.3
Life expectancy at birth (years)74.8
Mean years of schooling (years)10.9
Global Competitiveness Index3.8
Sources: World Bank, UNDP, WEF.

Political Financing

The law on Political Parties 2012 and the Electoral Code 2011 regulate party political financing in Armenia. 

There are some restrictions on the income of political parties and candidates such as donations from corporations of partial government ownership and foreign interests. However, corporations, trade unions and anonymous donors are not prohibited. There are limits on donations but only for election campaigns.

Parties are entitled to public funding which is allocated according to the share of votes attained in the previous parliamentary election. There are few restrictions on how the party can utilise the public funding obtained. Additionally, parties are entitled to subsidized media access for pre-election campaigning. 

There are regulations on spending such as bans on vote buying and a ban on the use of state resources being used in favour or against a political party. Candidates and parties are subject to limits on spending. 

There are rules for parties and candidates to report on their finances. Reports are overseen by the Central Electoral Commission. There are sanctions in the form of fines, forfeiture and loss of candidature for breaches of the law. 


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income646464
Public funding626262
Regulations on spending100100100
Reporting, oversight and sanctions929292

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. Donations are not allowed from foreign States, foreign nationals and legal persons, as well as legal persons with foreign participation, if the shares, stocks, participatory interest of the foreign participant in the share (stock, participatory) capital of that legal person is more than %25. (Art. 25 Provision 2(7) Law on Political Parties, 2002, amended 2015)
Is there a ban on donations from foreign interests to candidates? Yes. The ban is implicit rather than explicit. Candidates shall open a pre-election fund which shall be made up of (1) His personal funds; (2) Funds provided by the political party that nominated him; and (3) Voluntary contributions by persons having the right to vote. (Art. 25 Prov 2(1),(2),(3) Electoral Code, 2011, amended 2015)

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Political parties shall have the right to receive donations — in the form of property and monetary funds — from natural persons, non-governmental associations and funds, as well as other legal persons. However, corporate donations cannot be given directly to a party's election fund.The pre-election fund of political parties shall be made up of (1) The funds of such political party, or, in case of an alliance of political parties - from the funds of the political parties that are members of the alliance; and (2) Voluntary contributions by persons having the right to vote. (Art. 25 Prov 1 Law on Political Parties, 2002, amended 2014 Art 25 Prov 3 Electoral Code, 2011, amended 2015)
Is there a ban on corporate donations to candidates? Yes. The ban is implicit rather than explicit. Candidates shall open a pre-election fund which shall be made up of (1) His personal funds; (2) Funds provided by the political party that nominated him; and (3) Voluntary contributions by persons having the right to vote. (Art. 25 Prov 2 Electoral Code, 2011, amended 2015)
Is there a ban on donations from corporations with government contracts to political parties? No. No specific mention of commercial contracts. Donations shall not be allowed from:(2) state and local self-government bodies; (3) institutions and organisations of state and local self-government bodies, as well as organisations founded with the participation of state and local self-government bodies; (4) state administration institutions; (5) state non-commercial organisations. (Art. 25 Prov 2(2),(3),(4) & (5) Law on Political Parties, 2002, amended 2015 )
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. Donations shall not be allowed from:(2) state and local self-government bodies; (3) institutions and organisations of state and local self-government bodies, as well as organisations founded with the participation of state and local self-government bodies; (4) state administration institutions; (5) state non-commercial organisations. (Art. 25 Prov 2(2),(3),(4) & (5) Law on Political Parties, 2002, amended 2015)
Is there a ban on donations from corporations with government contracts to candidates? Yes. Candidate funds are partly derived from the party. If donations are banned with regards to companies with commercial contracts with the government then they will be also banned to candidates by implication. Candidates shall open a pre-election fund which shall be made up of (1) His personal funds; (2) Funds provided by the political party that nominated him; and (3) Voluntary contributions by persons having the right to vote. (Art. 25 Prov 2 Electoral Code, 2011, amended 2015)
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. As candidates election funds are derived partly from party funds (who are banned from taking such donations) then the ban applies to candidates by implication. Candidates shall open a pre-election fund which shall be made up of (1) His personal funds; (2) Funds provided by the political party that nominated him; and (3) Voluntary contributions by persons having the right to vote. (Art. 25 Prov 2(2),(3),(4) & (5) Law on Political Parties, 2002, amended 2015 Art. 25 Prov 2 Electoral Code, 2011, amended 2015)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. The law does not appear to prohibit such donations. 1. Political parties shall have the right to receive donations — in the form of property and monetary funds — from natural persons, non-governmental associations and funds, as well as other legal persons. (Art. 25 Prov 1 Law on Political Parties, 2002, amended 2015)
Is there a ban on donations from Trade Unions to candidates? Yes. The pre-election fund of a candidate shall be made up of: (1) His personal funds; (2) Funds provided by the political party that nominated him; and (3) Voluntary contributions by persons having the right to vote; (Article 25 Provs 2 & 3 Electoral Code, 2011, amended 2015)

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. Donations shall not be allowed from (9) anonymous persons. (Art. 25 Prov 2(9) Law on Political Parties, 2002, amended 2015)
Is there a ban on anonymous donations to candidates? No. The pre-election fund of a candidate shall be made up of: (1) His personal funds; (2) Funds provided by the political party that nominated him; and (3) Voluntary contributions by persons having the right to vote; It does not appear that voluntary contributions in (3) must not be anonymous (although funds from the party would have been subject to those restrictions). (Art. 25 Prov 2 Electoral Code, 2011, amended 2015)

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? No. For the financing of elections - 'The state budget shall finance the expenditures of organizing and conducting elections (including the compilation of lists of voters and the organization of professional training courses on conducting elections), as well as the expenditures necessary for the operation of the electoral commissions. Such expenditures shall be envisaged by a separate budget line in the state budget and shall be included in one line in the Plan of Procurements for State Needs.' For state funding generally - 'State funding of political parties shall be made at the expense of the funds of the State Budget of the Republic of Armenia. Funds from the State Budget of the Republic of Armenia for funding of political parties shall be allocated under a separate budget item.' (Art. 23 Prov 1 Electoral Code, 2011, amended 2015 Art. 27 Prov 1 Law on Political Parties, 2002, amended 2015)
Is there a ban on any other form of donation? Yes. (1) charitable and religious organisations, as well as organisations founded by them; (6) legal persons registered up to six months prior to the date of making the donation; (8) international organisations and international non-governmental movements; (Art. 25 Prov 2(1),(6) & (8) Law on Political Parties, 2002, amended 2015)

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? No. Contribution limits only exist for election campaigns
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. Each natural person may make a voluntary contribution to the pre-election fund of a candidate, a political party, or an alliance of political parties in the amount of up to 100-fold the minimum salary. (Art 122, Prov 3 Electoral Code, 2011, amended 2015)
Is there a limit on the amount a donor can contribute to a candidate? Yes. Each natural person may make a voluntary contribution to the pre-election fund of a candidate, a political party, or an alliance of political parties in the amount of up to 100-fold the minimum salary. (Art 122, Prov 3 Electoral Code, 2011, amended 2015)

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. 3% of the Vote in the last parliamentary election (Art 27, Prov 2 Law on Political Parties, 2002, amended 2015)
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. The law prescribes for the last election rather than next election (Art 27, Prov 2 Law on Political Parties, 2002, amended 2015 )
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework.

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. 3% of the Vote in the last parliamentary election (Art 27, Prov 2 Law on Political Parties, 2002, amended 2015)
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other Yes. Funds provided to political parties (alliances of parties) from the State Budget shall not be less than the product of 0,03-fold of the minimum salary established by the law and the total number of votes in favor of the voting list of the given party during the last elections to the National Assembly. (Art.27 (3) Law on Political Parties, 2002, amended 2015)

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework.

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. Only election related - 1. Candidates for the President of the Republic, as well as political parties and political party alliances participating in elections shall have the right to use air time of the Public Radio and Public Television (including by live transmission) on equal grounds, free of charge, and for pay. (Art 19, Prov 1 Electoral Code, 2011, amended 2015)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework.
Are there provisions for free or subsidized access to media for candidates? Yes. Only candidates for the President (Art 19, Prov 1 Electoral Code, 2011, amended 2015)

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings Yes. Free pre-election campaigning shall be safeguarded by state government and local self-government bodies by means of providing halls and other premises for pre-election meetings, meetings of voters with candidates, and other election-related events. They shall be provided to candidates, as well as political parties and political party alliances participating in elections under the proportional electoral system on equal grounds and free of charge in accordance with the procedure prescribed by the Central Electoral Commission. (2) shall, on equal conditions, provide to political parties premises, means of communication belonging to them, the priority right to use whereof shall belong to political parties that have participated in the allocation of seats envisaged for the proportional electoral system in the elections to the National Assembly. (Art 18, Prov 2 Electoral Code, 2011, amended 2015 Art 26, Prov 2 Law on Political Parties, 2002, amended 2015)
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other No. Absent from legal framework.
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework.
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework.

Regulations on spending 

Is there a ban on vote buying? Yes. During the pre-election campaign, as well as on the day preceding the voting and on the voting day, candidates, political parties, and political party alliances shall be prohibited from giving (promising), in person or via someone else acting on their behalf or in any other manner, gratuitously or on preferential terms, any money, food, securities, or goods to voters, or from providing (promising) services to voters. Charitable organizations whose names may resemble (be associated with) the names of political parties or political party alliances or the names of candidates may not, during the pre-election campaign, carry out charitable activities in communities in which there are elections with the participation of such candidates or political parties or political party alliances or candidates nominated by them (Art 18, Prov 7 Electoral Code, 2011, amended 2015)
Are there bans on state resources being used in favour or against a political party or candidate? Yes. 6. The following shall be prohibited from conducting pre-election campaigning and disseminating any campaign materials: (1) State government bodies and local self-government bodies, as well as state and municipal servants, and the pedagogical staff of educational institutions during the performance of their duties; (2) Members of the Constitutional Court, judges, prosecutors, officers serving in the Police, the National Security Service, and penitentiary institutions, as well as military servicemen; and (3) Members of electoral commissions. Art 19. The Public Radio and the Public Television shall be obliged to ensure non-discriminatory conditions for candidates, as well as political parties and political party alliances participating in elections under the proportional electoral system. Art 20 - It shall be prohibited to post campaign posters on buildings occupied by state government bodies or local self-government bodies, on or inside public catering or trading facilities and on or inside public transportation means, irrespective of the form of ownership. Further (Art 22) Candidates holding political, discretionary, or civil positions, as well as candidates that are state or municipal servants shall conduct the pre-election campaigns subject to a number of restrictions such as urging voters to vote for a certain candidate. (Art 18, Prov 6 Electoral Code, 2011, amended 2015 Art 19, Prov 3 Electoral Code, 2011, amended 2015 Art 20, Prov 2 Electoral Code, 2011, amended 2015 Art 22, Prov 1 Electoral Code, 2011, amended 2015)
Are there limits on the amount a political party can spend? Yes. An amount not exceeding 100000 fold of the minimum salary (Art 122, Prov 4 Electoral Code, 2011, amended 2015)
Are there limits on the amount a candidate can spend? Yes. Not exceeding 100000 fold of the minimum salary for the candidates for the President; not exceeding 10000 fold of the salary for a candidatefor deputy (Art 88, Prov 4 Electoral Code, 2011, amended 2015 Art 122, Prov 4 Electoral Code, 2011, amended 2015 )

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Political parties shall submit financial and accounting statements as and within the time limits prescribed by legislation for legal persons. (Art 28, Provs 1 - 3 Law on Political Parties, 2002, amended 2015)
Do political parties have to report on their finances in relation to election campaigns? Yes. (Art 25). Banks in which special temporary accounts have been opened shall submit a statement of revenues and expenditures of pre-election funds of candidates, political parties, and alliances of political parties to the Oversight and Audit Service of the Central Electoral Commission once every three working days after the end of the time limit prescribed by this Code for the registration of candidates or electoral lists of political parties or political party alliances. The Oversight and Audit Service shall summarize such data, compile a brief statement, and post it on the website of the Central Electoral Commission. (Art 27) Candidates, political parties, and political party alliances shall submit to the Oversight and Audit Service of the Central Electoral Commission a declaration on the contributions made to their pre-election funds and the use thereof. (Art 28, Prov 3 Law on Political Parties, 2002, amended 2015 Article 27, Prov 1 Electoral Code, 2011, amended 2015 Art 25, Prov 7 Electoral Code, 2011, amended 2015)
Do candidates have to report on their campaign finances? Yes. (Art 25). Banks in which special temporary accounts have been opened shall submit a statement of revenues and expenditures of pre-election funds of candidates, political parties, and alliances of political parties to the Oversight and Audit Service of the Central Electoral Commission once every three working days after the end of the time limit prescribed by this Code for the registration of candidates or electoral lists of political parties or political party alliances. The Oversight and Audit Service shall summarize such data, compile a brief statement, and post it on the website of the Central Electoral Commission. (Art 27) Candidates, political parties, and political party alliances shall submit to the Oversight and Audit Service of the Central Electoral Commission a declaration on the contributions made to their pre-election funds and the use thereof (Article 27, Prov 1 Electoral Code, 2011, amended 2015 Art 25, Prov 7 Electoral Code, 2011, amended 2015)
Is information in reports from political parties and/​or candidates to be made public? Yes. Not later than 25 March following the reporting year, a political party shall publish its financial statement in mass media. Within three days of their submission, the declarations shall be posted on the website of the Central Electoral Commission. (Art 28, Prov 4 Law on Political Parties, 2002, amended 2015 Art 27, Prov 4 Electoral Code, 2011, amended 2015)
Must reports from political parties and/​or candidates reveal the identity of donors? No. Legal entities shall specify all data (requisites) required by the rules of non-cash settlements between legal entities. No specification about the obligation to reveal donors identities (Central Election Comission , Decision N53-N August 11, 2011)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board Yes. Oversight and Audit Service established by the Central Electoral Comission State authorized body (Article 28 paragraph (1) and (2), Electoral Code, 2011, amended 2015)
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. Oversight and Audit Service established by the Central Electoral Comission State authorized body ( Articles 27 paragraph (1) and 28 paragraph (1) and (2), Electoral Code, 2011, amended 2015)

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. 1. The Central Electoral Commission shall establish an Oversight and Audit Service to supervise the use of resources provided to electoral commissions and to the staff of the Central Electoral Commission, the contributions made to pre-election funds, and the accounting and spending of such contributions. (Article 28 (1-2) Electoral Code, 2011, amended 2015)
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body Yes. Oversight and Audit Service established by the Central Electoral Comission (Article 28 Electoral Code, 2011, amende 2015)
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework.
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Auditing agency Yes. Oversight and Audit Service established by the Central Electoral Comission (Article 28 Electoral Code, 2011, amended 2015)
Institutions with a formal role in political finance oversight: EMB Yes. Oversight and Audit Service established by the Central Electoral Comission (Article 28 (1-2); Article 28 (6) Electoral Code, 2011, amended 2015)
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework.
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. 4. If it is substantiated that the expenditures made for the pre-election campaign of a candidate, a political party, or an alliance of political parties have exceeded the maximum limit of the pre-election fund prescribed by this Code, the electoralcommission shall render a decision to oblige the candidate, political party, or alliance of political parties to transfer to the state budget an amount that is thrice the amount by which the maximum limit of the pre-election fund prescribed under this Code has been exceeded. (Article 25(6); Article 26(3-5) Electoral Code, 2011, amended 2015)
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework.
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework.
Sanctions for political finance infractions: Forfeiture Yes. 4. If it is substantiated that the expenditures made for the pre-election campaign of a candidate, a political party, or an alliance of political parties have exceeded the maximum limit of the pre-election fund prescribed by this Code, the electoralcommission shall render a decision to oblige the candidate, political party, or alliance of political parties to transfer to the state budget an amount that is thrice the amount by which the maximum limit of the pre-election fund prescribed under this Code has been exceeded.
Sanctions for political finance infractions: Deregistration of party Yes. 5. If the difference between the amount spent for the pre-election campaign and the amounts paid to the state budget under Parts 3 and 4 of this Article and the maximum limit of the pre-election fund prescribed by this Code exceeds 10 percent of the maximum limit of the pre-election fund prescribed by this Code, the court shall, upon an application of the electoral commission, repeal the registration of the respective candidate or electoral list of the respective political party or political party alliance. (Article 26 (5) Electoral Code, 2011, amended 2015)
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework.
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of nomination of candidate Yes. 5. If the difference between the amount spent for the pre-election campaign and the amounts paid to the state budget under Parts 3 and 4 of this Article and the maximum limit of the pre-election fund prescribed by this Code exceeds 10 percent of the maximum limit of the pre-election fund prescribed by this Code, the court shall, upon an application of the electoral commission, repeal the registration of the respective candidate or electoral list of the respective political party or political party alliance. (Article 25(6); Article 26(3-5) Electoral Code, 2011, amended 2015)
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework.
Sanctions for political finance infractions: Other No. Absent from legal framework.

Qualitative data for 2016


Legislation

Law on Political Parties, 2002, amended 2015 (English)pdf
Electoral Code, 2011, amended 2015 (Armenian)pdf
Central Election Comission , Decision N53-N August 11, 2011  

Financial Disclosure

The Armenian Law on Declaration of Assets and Incomes of Physical Persons (2006, amended in 2012) foresees a basic set of disclosure requirements for all public officials. Head of State, Ministers, Members of Parliament, and Civil Servants must disclose real estate, movable assets, cash, debts, income from outside employment and shares in public or private companies. Additionally, the Law on Public Service (2011, amended in 2014) specifies that including family members in asset disclosures is required from Ministers and Civil Servants, who must also disclose conflicts of interests they face during decision-making, and submit a list of connected persons along with disclosure statements. While the Head of State and MPs make statements annually, Ministers and Civil Servants also make declarations upon taking and leaving office, and when ad hoc changes arise. 

All public officials face a fine for submitting delayed statements after having received a warning, for not providing a declaration at all, and for making false disclosure statements. The taxation body functions as both depository and enforcement body for the Head of State and MPs, whilst no verifying bodies are specified. All the while, Ministers and Civil Servants submit declarations to the Ethics Commission, which also verifies submissions and enforces sanctions. Asset declarations by the Head of State and MPs may only be accessed by specific media providers and published upon authorization of the declarer. The Ethics Commission however publishes all disclosure statements by Ministers and Civil Servants via mass media.


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items805757
Filing frequency623838
Sanctions10000
Monitoring and Oversight505656
Public access to declarations757575

Alternative Metric

201220152016Trend
Head of State656060
Ministers826161
Members of Parliament656060
Civil servants8200

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. The high-ranking official, his/her spouse, the parent living together with him/her, as well as the adult single child living together with him/her have to present their property and income. (Article 32, Law on Public Service, 2011, amended 2015)
Income and Assets
Real estate Yes. Immovable property must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Movable assets Yes. All movable assets must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Cash Yes. Shares, securities and monetary assets must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Loans and Debts Yes. Borrowings (loans) received must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Income from outside employment/assets Yes. All forms of income received must be disclosed. (Article 35, Law on Public Service, 2011, amended 2015)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Shares, securities and monetary assets must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Shares, securities and monetary assets must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. The high-ranking public official submits a declaration as of the date of assuming his/her official responsibilities to the Commission on Ethics of High-Ranking Officials within 15 days following the mentioned date. (Article 33, Law on Public Service, 2011, amended 2015)
Filing required upon leaving office Yes . The high-ranking public official submits declarations as of the date of terminating his/her official responsibilities to the Commission on Ethics of High-Ranking Officials within 15 days following the mentioned date. (Article 33, Law on Public Service, 2011, amended 2015)
Filing required annually Yes. An annual declaration of assets and incomes must be submitted submit as of 31 December of reporting year no later than 15 February of the following year. (Article 33, Law on Public Service, 2011, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. The functions of the The Commission on Ethics of High-Ranking Officials include maintaining the register of declarations of high-ranking public officials and other persons foreseen by this Law. (Article 43, Law on Public Service, 2011, amended 2015)
Enforcement body explicitly identified Yes. The Commission on Ethics of High-Ranking Officials determines the requirements with regard to filling in the declaration and the procedure for its submission. (Article 43, Law on Public Service, 2011, amended 2015)
Some agency assigned responsibility for verifying submission Yes . The functions of the The Commission on Ethics of High-Ranking Officials include analysis and publication of declarations. (Article 43, Law on Public Service, 2011, amended 2015)
Some agency assigned responsibility for verifying accuracy Yes. The functions of the The Commission on Ethics of High-Ranking Officials include analysis and publication of declarations. (Article 43, Law on Public Service, 2011, amended 2015)

Public access to declarations

Public availability Yes. The list of declaration data subject to disclosure (dissemination), declaration content and form are stipulated by the Government of Armenia. The list of data to be published cannot contain personal or property identification data. (Article 37&43, Law on Public Service, 2011, amended 2015)
Timing of information release specified Yes. The declarations are published upon their receipt and checking for technical errors by the Commission on Ethics of High-Ranking Officials. (Article 37, Law on Public Service, 2011, amended 2015)
Location(s) of access specified Yes. All the declarations are posted on the official website of the Commission on Ethics of High-Ranking Officials (Article 37&43, Law on Public Service, 2011, amended 2015)
Cost of access specified Yes. All the public data can be easily used by anybody without any charge. (Article 37, Law on Public Service, 2011, amended 2015)

Ministers

Disclosure items

Spouses and children included in disclosure Yes. The high-ranking official, his/her spouse, the parent living together with him/her, as well as the adult single child living together with him/her have to present their property and income. (Article 32, Law on Public Service, 2011, amended 2015)
Income and Assets
Real estate Yes. Immovable property must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Movable assets Yes. All movable assets must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Cash Yes. Shares, securities and monetary assets must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Loans and Debts Yes. Borrowings (loans) received must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Income from outside employment/assets Yes. All forms of income received must be disclosed. (Article 35, Law on Public Service, 2011, amended 2015)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Shares, securities and monetary assets must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Shares, securities and monetary assets must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. In case of conflict of interest, a minister must present a written statement of COI to his/her supervisor (the Prime Minister of Armenia) disclosing the concrete circumstances of situation. (Article 31, Law on Public Service, 2011, amended 2015)
Concurrent employment of family members in public sector Yes. Related persons (including persons having blood relationship of up to the 2nd degree of kinship with him/her or his/her spouse) to the Ministers and Deputy Ministers holding posts within the system of the Ministry shall be declared to the Commission on Ethics of High-Ranking Officials. (Article 5&36, Law on Public Service, 2011, amended 2015)

Filing frequency

Filing required upon taking office Yes. The high-ranking public official submits a declaration as of the date of assuming his/her official responsibilities to the Commission on Ethics of High-Ranking Officials within 15 days following the mentioned date. (Article 33, Law on Public Service, 2011, amended 2015)
Filing required upon leaving office Yes . The high-ranking public official submits declarations as of the date of terminating his/her official responsibilities to the Commission on Ethics of High-Ranking Officials within 15 days following the mentioned date. (Article 33, Law on Public Service, 2011, amended 2015)
Filing required annually Yes. An annual declaration of assets and incomes must be submitted submit as of 31 December of reporting year no later than 15 February of the following year. (Article 33, Law on Public Service, 2011, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest Yes . In case of conflict of interest, a minister must present a written statement of COI to his/her supervisor (the Prime Minister of Armenia) disclosing the concrete circumstances of situation. (Article 31, Law on Public Service, 2011, amended 2015)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. The functions of the The Commission on Ethics of High-Ranking Officials include maintaining the register of declarations of high-ranking public officials and other persons foreseen by this Law. (Article 43, Law on Public Service, 2011, amended 2015)
Enforcement body explicitly identified Yes. The Commission on Ethics of High-Ranking Officials determines the requirements with regard to filling in the declaration and the procedure for its submission. (Article 43, Law on Public Service, 2011, amended 2015)
Some agency assigned responsibility for verifying submission Yes . The functions of the The Commission on Ethics of High-Ranking Officials include analysis and publication of declarations. (Article 43, Law on Public Service, 2011, amended 2015)
Some agency assigned responsibility for verifying accuracy Yes. The functions of the The Commission on Ethics of High-Ranking Officials include analysis and publication of declarations. (Article 43, Law on Public Service, 2011, amended 2015)

Public access to declarations

Public availability Yes. The list of declaration data subject to disclosure (dissemination), declaration content and form are stipulated by the Government of Armenia. The list of data to be published cannot contain personal or property identification data. (Article 37&43, Law on Public Service, 2011, amended 2015)
Timing of information release specified Yes. The declarations are published upon their receipt and checking for technical errors by the Commission on Ethics of High-Ranking Officials. (Article 37, Law on Public Service, 2011, amended 2015)
Location(s) of access specified Yes. All the declarations are posted on the official website of the Commission on Ethics of High-Ranking Officials (Article 37&43, Law on Public Service, 2011, amended 2015)
Cost of access specified Yes. All the public data can be easily used by anybody without any charge. (Article 37, Law on Public Service, 2011, amended 2015)

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. The high-ranking official, his/her spouse, the parent living together with him/her, as well as the adult single child living together with him/her have to present their property and income. (Article 32, Law on Public Service, 2011, amended 2015)
Income and Assets
Real estate Yes. Immovable property must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Movable assets Yes. All movable assets must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Cash Yes. Shares, securities and monetary assets must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Loans and Debts Yes. Borrowings (loans) received must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Income from outside employment/assets Yes. All forms of income received must be disclosed. (Article 35, Law on Public Service, 2011, amended 2015)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Shares, securities and monetary assets must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Shares, securities and monetary assets must be disclosed. (Article 34, Law on Public Service, 2011, amended 2015)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. The high-ranking public official submits a declaration as of the date of assuming his/her official responsibilities to the Commission on Ethics of High-Ranking Officials within 15 days following the mentioned date. (Article 33, Law on Public Service, 2011, amended 2015)
Filing required upon leaving office Yes . The high-ranking public official submits declarations as of the date of terminating his/her official responsibilities to the Commission on Ethics of High-Ranking Officials within 15 days following the mentioned date. (Article 33, Law on Public Service, 2011, amended 2015)
Filing required annually Yes. An annual declaration of assets and incomes must be submitted submit as of 31 December of reporting year no later than 15 February of the following year. (Article 33, Law on Public Service, 2011, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. The functions of the The Commission on Ethics of High-Ranking Officials include maintaining the register of declarations of high-ranking public officials and other persons foreseen by this Law. (Article 43, Law on Public Service, 2011, amended 2015)
Enforcement body explicitly identified Yes. The Commission on Ethics of High-Ranking Officials determines the requirements with regard to filling in the declaration and the procedure for its submission. (Article 43, Law on Public Service, 2011, amended 2015)
Some agency assigned responsibility for verifying submission Yes . The functions of the The Commission on Ethics of High-Ranking Officials include analysis and publication of declarations. (Article 43, Law on Public Service, 2011, amended 2015)
Some agency assigned responsibility for verifying accuracy Yes. The functions of the The Commission on Ethics of High-Ranking Officials include analysis and publication of declarations. (Article 43, Law on Public Service, 2011, amended 2015)

Public access to declarations

Public availability Yes. The list of declaration data subject to disclosure (dissemination), declaration content and form are stipulated by the Government of Armenia. The list of data to be published cannot contain personal or property identification data. (Article 37&43, Law on Public Service, 2011, amended 2015)
Timing of information release specified Yes. The declarations are published upon their receipt and checking for technical errors by the Commission on Ethics of High-Ranking Officials. (Article 37, Law on Public Service, 2011, amended 2015)
Location(s) of access specified Yes. All the declarations are posted on the official website of the Commission on Ethics of High-Ranking Officials (Article 37&43, Law on Public Service, 2011, amended 2015)
Cost of access specified Yes. All the public data can be easily used by anybody without any charge. (Article 37, Law on Public Service, 2011, amended 2015)

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2016


Legislation

Law on Public Service 2011, amended 2015 (Armenian)pdf

Conflict of Interest

No restrictions exist concerning conflicts of interests for the Armenian Head of State. The Constitution of the Republic of Armenia (1995, last amended 2005) foresees that Ministers and Members of Parliament generally avoid conflicts of interests. It also prevents them from engaging in entrepreneurial activities in private or public firms, including holding advisory functions or carrying out government contracts. In addition, the Rules of Procedure of the National Assembly (2002, last amended 2014) prevents MPs from voting on a matter in which they have a private interest and from being guided by interests of family members. For Civil Servants, the Law on Civil Service (2001, last amended 2008) includes a general restriction on conflicts of interests. It also prevents Civil Servants from accepting gifts, owning shares in companies of over 10%, performing paid employment, as well as taking up employment with an organization over which they had immediate control during tenure for one year after leaving Civil Service. Civil Servants may also not participate in decisions that affect private interests or work together with close relatives.

All the while, Armenian law specifies no sanctions for conflict of interests violating behavior. No monitoring or oversight body exists for the Head of State or Ministers. The National Assembly Ethics Committee and the Civil Service Council perform these functions for MPs and Civil Servants respectively. 


Quantitative Data

Primary Metric

201220152016Trend
Restrictions487380
Sanctions172525
Monitoring and Oversight388888

Alternative Metric

201220152016Trend
Head of State05760
Ministers235760
Members of Parliament335458
Civil servants797979

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No.
Accepting gifts Yes. He/she is prohibited to receive gifts, money or services in relation to the discharge of his/her service responsibilities, save for cases prescribed by the legislation of the Republic of Armenia (Article 23 Law on Public Service, 2011, amended 2015)
Private firm ownership and/or stock holdings Yes. He/she shall endeavour to manage his/her investments in a way that reduces to minimum the situations of conflict of interest. He/she, within one month following his/her taking office and in case s/he has 10 and more per cent of shares in the charter capital of commercial organizations, must hand them over to entrusted management. (Article 28(3) Law on Public Service, 2011, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. He/she shall endeavour to manage his/her investments in a way that reduces to minimum the situations of conflict of interest. He/she, within one month following his/her taking office and in case s/he has 10 and more per cent of shares in the charter capital of commercial organizations, must hand them over to entrusted management. (Article 28(3) Law on Public Service, 2011, amended 2015)
Holding government contracts Yes. He/she is prohibited, as a representative of the state, to conclude property transactions with persons closely related to him/her or his/her in-laws (parent, spouse, child, brother, sister, spouse’s parent, child, brother, and sister), save for cases prescribed by the legislation of the Republic of Armenia. (Article 28(3) Law on Public Service, 2011, amended 2015)
Board member, advisor, or company officer of private firm Yes. He/she may not personally be engaged in entrepreneurship, perform other paid work, save for scientific, academic, creative work. (Article 24 Law on Public Service, 2011, amended 2015)
Post-employment Yes. He/she is prohibited, within one year following the release from post, to be admitted to work with the employer or become the employee of the organization over which s/he has exercised immediate supervision in the last year of his/her tenure. (Article 23(1) Law on Public Service, 2011, amended 2015)
Simultaneously holding policy-making position and policy-executing position Yes. He/she may not personally be engaged in entrepreneurship, perform other paid work, save for scientific, academic, creative work. (Article 24 Law on Public Service, 2011, amended 2015)
Participating in official decision-making processes that affect private interests No.
Assisting family or friends in obtaining employment in public sector Yes. He/she is prohibited to work jointly with persons closely related to him/her or his/her in-laws (parent, spouse, child, brother, sister, spouse’s parent, child, brother, and sister) if their service is related to immediate subordination or supervision of each other (excluding members of Parliament). (Article 23(1) Law on Public Service, 2011, amended 2015)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. He/she can apply to receive clarifications from the ethics commission on the necessity to issue a statement regarding the conflict of interests in a concrete situation. (Article 31 Law on Public Service, 2011, amended 2015)
Enforcement body specified (sanctions, hearings) Yes. The Commission on Ethics of High-Ranking Officials may institute proceedings for violations of the ethics rules and notifies him/her of the instituted proceedings within 5 days from the moment of institution. (Article 44 Law on Public Service, 2011, amended 2015)

Ministers

Restrictions

General restriction on conflict of interest No.
Accepting gifts Yes. He/she is prohibited to receive gifts, money or services in relation to the discharge of his/her service responsibilities, save for cases prescribed by the legislation of the Republic of Armenia (Article 23(1) Law on Public Service, 2011, amended 2015)
Private firm ownership and/or stock holdings Yes. A member of the Government may not be engaged in entrepreneurial activities, hold an office in state and local self-government bodies or in commercial organizations not connected with his/her duties, or be involved in another paid work, save for academic, pedagogical and creative activities. Meanwhile, he/she shall endeavour to manage his/her investments in a way that reduces to minimum the situations of conflict of interest. He/she, within one month following his/her taking office and in case s/he has 10 and more per cent of shares in the charter capital of commercial organizations, must hand them over to entrusted management. (Article 88 Constitution, 1995, amended 2005 Article 23(2) Law on Public Service, 2011, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. A member of the Government may not be engaged in entrepreneurial activities, hold an office in state and local self-government bodies or in commercial organizations not connected with his/her duties, or be involved in another paid work, save for academic, pedagogical and creative activities. Meanwhile, he/she shall endeavour to manage his/her investments in a way that reduces to minimum the situations of conflict of interest. He/she, within one month following his/her taking office and in case s/he has 10 and more per cent of shares in the charter capital of commercial organizations, must hand them over to entrusted management. (Article 88 Constitution, 1995, amended 2005 Article 23(2) Law on Public Service, 2011, amended 2015)
Holding government contracts Yes. A member of the Government may not be engaged in entrepreneurial activities, hold an office in state and local self-government bodies or in commercial organizations not connected with his/her duties, or be involved in another paid work, save for academic, pedagogical and creative activities. Meanwhile, he/she is prohibited, as a representative of the state, to conclude property transactions with persons closely related to him/her or his/her in-laws (parent, spouse, child, brother, sister, spouse’s parent, child, brother, and sister), save for cases prescribed by the legislation of the Republic of Armenia. (Article 88 Constitution, 1995, amended 2005 Article 23(1) Law on Public Service, 2011, amended 2015)
Board member, advisor, or company officer of private firm Yes. A member of the Government may not be engaged in entrepreneurial activities, hold an office in state and local self-government bodies or in commercial organizations not connected with his/her duties, or be involved in another paid work, save for academic, pedagogical and creative activities. (Article 88 Constitution, 1995, amended 2005 Article 24 Law on Public Service, 2011, amended 2015)
Post-employment Yes. He/she is prohibited, within one year following the release from post, to be admitted to work with the employer or become the employee of the organization over which s/he has exercised immediate supervision in the last year of his/her tenure. (Article 88 Constitution, 1995, amended 2005 Article 23(1) Law on Public Service, 2011, amended 2015)
Simultaneously holding policy-making position and policy-executing position Yes. A member of the Government may not be engaged in entrepreneurial activities, hold an office in state and local self-government bodies or in commercial organizations not connected with his/her duties, or be involved in another paid work, save for academic, pedagogical and creative activities. (Article 88 Constitution, 1995, amended 2005 Article 24 Law on Public Service, 2011, amended 2015)
Participating in official decision-making processes that affect private interests No.
Assisting family or friends in obtaining employment in public sector Yes. He/she is prohibited to work jointly with persons closely related to him/her or his/her in-laws (parent, spouse, child, brother, sister, spouse’s parent, child, brother, and sister) if their service is related to immediate subordination or supervision of each other (excluding members of Parliament). (Article 23(1) Law on Public Service, 2011, amended 2015)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. He/she has a right to receive clarifications from the ethics commission on the necessity to issue a statement regarding the conflict of interests in a concrete situation. (Article 31 Law on Public Service, 2011, amended 2015)
Enforcement body specified (sanctions, hearings) Yes. The Commission on Ethics of High-Ranking Officials may institute proceedings for violations of the ethics rules and notifies him/her of the instituted proceedings within 5 days from the moment of institution. (Article 44 Law on Public Service, 2011, amended 2015)

Members of Parliament

Restrictions

General restriction on conflict of interest No.
Accepting gifts Yes. He/she is prohibited to receive gifts, money or services in relation to the discharge of his/her service responsibilities, save for cases prescribed by the legislation of the Republic of Armenia (Article 23(1) Law on Public Service, 2011, amended 2015)
Private firm ownership and/or stock holdings Yes. An MP (also known as a Deputy) may not be engaged in entrepreneurial activities, hold an office in state and local self-government bodies or in commercial organizations, as well as engage in any other paid occupation, except for scientific, educational and creative work. A Deputy shall discharge his/her responsibilities on a permanent basis. Meanwhile, he/she shall endeavour to manage his/her investments in a way that reduces to minimum the situations of conflict of interest. He/she, within one month following his/her taking office and in case s/he has 10 and more per cent of shares in the charter capital of commercial organizations, must hand them over to entrusted management. (Article 65 Constitution, 1995, amended 2005 Article 9.1 (1) Law of the Republic of Armenia on Rules of Procedure of the National Assembly (2002, last amended 2014) Article 23(2) Law on Public Service, 2011, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. An MP (also known as a Deputy) may not be engaged in entrepreneurial activities, hold an office in state and local self-government bodies or in commercial organizations, as well as engage in any other paid occupation, except for scientific, educational and creative work. A Deputy shall discharge his/her responsibilities on a permanent basis. Meanwhile, he/she shall endeavour to manage his/her investments in a way that reduces to minimum the situations of conflict of interest. He/she, within one month following his/her taking office and in case s/he has 10 and more per cent of shares in the charter capital of commercial organizations, must hand them over to entrusted management. (Article 65 Constitution, 1995, amended 2005 Article 9.1 (1) Law of the Republic of Armenia on Rules of Procedure of the National Assembly (2002, last amended 2014) Article 23(2) Law on Public Service, 2011, amended 2015)
Holding government contracts Yes. An MP (also known as a Deputy) may not be engaged in entrepreneurial activities, hold an office in state and local self-government bodies or in commercial organizations, as well as engage in any other paid occupation, except for scientific, educational and creative work. A Deputy shall discharge his/her responsibilities on a permanent basis. Meanwhile, he/she is prohibited, as a representative of the state, to conclude property transactions with persons closely related to him/her or his/her in-laws (parent, spouse, child, brother, sister, spouse’s parent, child, brother, and sister), save for cases prescribed by the legislation of the Republic of Armenia. (Article 65 Constitution, 1995, amended 2005 Article 9.1 (1) Law of the Republic of Armenia on Rules of Procedure of the National Assembly (2002, last amended 2014))
Board member, advisor, or company officer of private firm Yes. An MP (also known as a Deputy) may not be engaged in entrepreneurial activities, hold an office in state and local self-government bodies or in commercial organizations, as well as engage in any other paid occupation, except for scientific, educational and creative work. A Deputy shall discharge his/her responsibilities on a permanent basis. (Article 65 Constitution, 1995, amended 2005 Article 9.1 (1) Law of the Republic of Armenia on Rules of Procedure of the National Assembly (2002, last amended 2014))
Post-employment Yes. He/she is prohibited, within one year following the release from post, to be admitted to work with the employer or become the employee of the organization over which s/he has exercised immediate supervision in the last year of his/her tenure. (Article 23(1) Law on Public Service, 2011, amended 2015)
Simultaneously holding policy-making position and policy-executing position Yes. An MP (also known as a Deputy) may not be engaged in entrepreneurial activities, hold an office in state and local self-government bodies or in commercial organizations, as well as engage in any other paid occupation, except for scientific, educational and creative work. A Deputy shall discharge his/her responsibilities on a permanent basis. (Article 65 Constitution, 1995, amended 2005 Article 9.1 (1) Law of the Republic of Armenia on Rules of Procedure of the National Assembly (2002, last amended 2014) Article 24 Law on Public Service, 2011, amended 2015)
Participating in official decision-making processes that affect private interests Yes. An MP must make a statement on the conflict of interest before speaking or voting the National Assembly and refuse to vote on the issue and “in which case his/her absence will be regarded for a good reason”. He/she is prohibited to use his/her service position to secure actual advantages or privileges to political parties, and non-governmental, including religious associations. (Article 6.3 Law of the Republic of Armenia on Rules of Procedure of the National Assembly (2002, last amended 2014) Article 23(1) Law on Public Service, 2011, amended 2015)
Assisting family or friends in obtaining employment in public sector Yes. MPs may not be guided in their decisions or contributions by the interests of their family members or relatives (Article 6.2 (1) Law of the Republic of Armenia on Rules of Procedure of the National Assembly (2002, last amended 2014))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The powers of the Deputy terminate if s/he has violated the requirement of Paragraph 1 of Article 65 of the Constitution, which states that a Deputy may not hold any other public office, nor engage in any other paid occupation, except for scientific, educational and creative work. The powers of a Deputy also terminate if s/he has been appointed (elected) to an office in a state or local self-government body or a commercial organization (Article 12 Law of the Republic of Armenia on Rules of Procedure of the National Assembly (2002, last amended 2014))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. The National Assembly Ethics Committee is responsible for making determinations on violations of conflict of interest by Members of Parliament. (Article 24.2 Law of the Republic of Armenia on Rules of Procedure of the National Assembly (2002, last amended 2014))

Civil servants

Restrictions

General restriction on conflict of interest No.
Accepting gifts Yes. Civil servants may not receive gifts, amounts of money or services from other persons for his/her service duties, with the exception of the cases envisaged by the legislation of the Republic of Armenia; (Article 24 Law on Civil Service (2001, last amended 2008))
Private firm ownership and/or stock holdings Yes. Within a period of one month after appointment to a civil service position, a civil servant, in case of having 10 % and more shares in the statutory capital of any commercial organization, is obligated to hand it over for entrusted management by the procedure defined by the legislation of the Republic of Armenia. The civil servant shall have the right to receive income from the property handed over for entrusted management. (Article 24 Law on Civil Service (2001, last amended 2008))
Ownership of state-owned enterprises (SOEs) No.
Holding government contracts Yes. Civil servants may not be personally engaged in entrepreneurial activity; (Article 24 Law on Civil Service (2001, last amended 2008))
Board member, advisor, or company officer of private firm Yes. He/she may not personally be engaged in entrepreneurship, perform other paid work, save for scientific, academic, creative work or work stemming from the status of the member of an electoral commission. (Article 24 Law on Public Service, 2011, amended 2015)
Post-employment Yes. The civil servant shall not have the right to become employed by an employer or become an employee of an organization over which he/she had implemented immediate control for the last year of holding the civil service position within a period of one year after his/her release from the civil service position. (Article 24 Law on Civil Service (2001, last amended 2008))
Simultaneously holding policy-making position and policy-executing position Yes. He/she may not personally be engaged in entrepreneurship, perform other paid work, save for scientific, academic, creative work or work stemming from the status of the member of an electoral commission. (Article 24 Law on Public Service, 2011, amended 2015)
Participating in official decision-making processes that affect private interests No.
Assisting family or friends in obtaining employment in public sector Yes. It is forbidden to the civil servant to work together with close relatives or in-laws (parent, spouse, child, brother, sister, spouse’s parent, child, brother and sister), if their service is connected with direct subordination to or supervision over one another. (Article 24 Republic of Armenia Law on Civil Service (2001, last amended 2008))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Fines are applied for failure to submit the gifts received by the state servant in his offical capacity to the state. (Article 166 of the RA Code of Administrative Violations (1985))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Civil servants are subject to removal from office for failure to maintain the restrictions on conflict of interest. (Article 33 Law on Civil Service (2001, last amended 2008))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Civil Service Council is responsible for tracking data submitted by Civil Servants. (Article 37 Law on Civil Service (2001, last amended 2008))
Enforcement body specified (sanctions, hearings) Yes. The Civil Service Council (Article 37 Law on Civil Service (2001, last amended 2008))

Qualitative data for 2016


Legislation

Constitution, 1995, amended 2015 (English)pdf
Code on Administrative Violations, 1985, amended 2015 (English)pdf
Law on Rules of Procedure of the National Assembly, 2002, amended 2016missing file:
Law on Civil Service, 2001, amended 2016 (Armenian)pdf

Freedom of Information

Access to information in Armenia is governed by the Law on Freedom of Information (2003), which applies to the executive, judicial and legislative branches of government, as well as organizations financed from the state budget. Armenia is one of the few countries in Europe to also require certain private sector organizations to release information under its FOI law. 

Specific exemptions to disclosure are outlined in the aforementioned FOI law, the Law on State and Official Secrets (1996), and the Law on Personal Data (2002).  No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals are accepted in the first instance at public bodies covered under the FOI law, and may also be filed with the courts. There is no independent non-judicial appeals mechanism, such as an information commissioner.

Fines can be levied on officials for failure to provide information, while criminal and administrative sanctions are applied towards officials specifically for violations concerning journalists and environmental information. However, there is no enforcement body specified by law with the mandate to apply sanctions.

Each government agency is responsible for ensuring its own compliance with the FOI laws, as there is no oversight body to manage implementation. However, public bodies are required to disclose data to the public on requests and appeals received. 


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage938282
Information access and release100100100
Exceptions and Overrides676767
Sanctions for non-compliance100100100
Monitoring and Oversight333333

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access No. Absent from legal framework.
"Information" or "Documents" is defined Yes. Information - records/data of facts, people, subjects, events, phenomena, processes that are received and formed as defined by legislation, despite of the way those are possessed or their material carrier (electronic or hard copy documents, records, videos, films, photos, drawings, schemes, notes, maps, etc.) (Article 3 of the Law on Freedom of Information, 2003)
Proactive disclosure is specified Yes. If it is not otherwise foreseen by the Constitution and/or the Law, information holder at least once a year publicize specific information related to his activity and or changes to it. (Article 7 of the Law on Freedom of Information, 2003)

Coverage of public and private sectors

Executive branch Yes. This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. (Article 1 of the Law on Freedom of Information, 2003)
Legislative branch Yes. This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. (Article 1 of the Law on Freedom of Information, 2003)
Judicial branch Yes. This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. (Article 1 of the Law on Freedom of Information, 2003)
Other public bodies Yes. This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. Organization of public importance - private organizations that have monopoly or a leading role in the goods market, as well as those providing services to public in the sphere of health, sport, education, culture, social security, transport, communication and communal services. (Articles 1 and 3 of the Law on Freedom of Information, 2003)
Private sector Yes. This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. Organization of public importance - private organizations that have monopoly or a leading role in the goods market, as well as those providing services to public in the sphere of health, sport, education, culture, social security, transport, communication and communal services. (Articles 1 and 3 of the Law on Freedom of Information, 2003)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. The draft laws submitted for discussion in the National Assembly may be promulgated by press and media and the drafts of other legal acts may be promulgated by the decision of the drafters or the body adopting the act. (Article 29 of the Law on Legal Acts, 2002, amended 2014)
Enacted legal instruments Yes. All legal instruments (laws, decrees, regulations, subsidiary legislation) are subject to official promulgation in corresponding state, agency and community newsletters. The administrative acts are required to be publicized by the administrative bodies adopting it in their official newletters or through dissemination by mass media. (Articles 48-59, 62-63 and 69 of the Law on Legal Acts, 2002, amended 2014 Articles 58 and 59 of the Law on Fundamentals of Administrative Proceedings, 2004, amended 2015)
Annual budgets Yes. The public entity is required once a year to publicize information on its budget. (Article 7 of the Law on Freedom of Information, 2003)
Annual chart of accounts (actual expenditures) No. Absent from legal framework.
Annual reports of public entities and programs Yes. The public entity is required once a year to publicize information on its activities and services. (Article 7 of the Law on Freedom of Information, 2003)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Foreign citizens can enjoy the rights and freedoms foreseen by the following law as defined by the Republic of Armenia Law and/or in cases defined by international treaties. A written inquiry must be signed to include applicant´s name, last name, citizenship, place of residence, work or study (in case of legal persons: name, physical address). (Articles 6 and 9 of the Law on Freedom of Information, 2003)
Type of request is specified (written, electronic, oral) Yes. Oral requests and written requests are accepted if they meet the requirements of the Article. (Article 9 of the Law on Freedom of Information, 2003)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. Person responsible for the Freedom of information according to the law: a) ensures that the responsibilities of the information holder in the field of FOI are exercised; b) explains thoroughly the procedures, conditions and forms of providing information to the person seeking information; (Article 13 of the Law on Freedom of Information, 2003)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. No fees shall be applied for response to specific cases among which are oral inquires, printed or copied information does not exceed 10 pages, information provided through e-mail or internet, etc. The organizations of public importance establish the fees for the information provided by them, which cannot exceed the costs of providing the information. No fees shall be applied towards the applicant upon whose inquiry the corrected information is provided by the organization, which earlier gave incomplete or false information. (Article 10 of the Law on Freedom of Information, 2003)

Deadlines for release of information

20-day response deadline Yes. Answer to written inquiry is provided within 5 days (includes either providing the information requested if not published before or place and time of the publication) or advising within 5 days that additional time will be required, which cannot exceed 30 days. (Article 9 of the Law on Freedom of Information, 2003)
Agency granted right to extend response time Yes. If additional work is required to provide requested information, response time is extended up to 30 days along with a written notice to the applicant (provided within 5 days of submitting the request) informing about the reasons for delay and the final deadline when the information will be provided. (Article 9 of the Law on Freedom of Information, 2003)
Maximum total response time of no more than 40 days Yes. If additional work is required to provide requested information, response time is extended up to 30 days along with a written notice to the applicant (provided within 5 days of submitting the request) informing about the reasons for delay and the final deadline when the information will be provided. (Article 9 of the Law on Freedom of Information, 2003)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Law on State and Official Secrets, 1996, amended 2014 (Law on State and Official Secrets, 1996, amended 2014)
Existence of personal privacy/data law Yes. Law on Data Protection, 2015 (Law on Data Protection, 2015)
Specific exemptions to disclosure Yes. Specific exemptions to coverage are provided. Information is exempt from disclosure if it implicates one the following categories: state, official, bank, or trade secrets; an individual’s privacy; investigations; or copyrights and related rights. (Article 8 of the Law on Freedom of Information, 2003 Article 2, Law on State and Official Secrets, 1996, amended 2014)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. The right and procedure for appeal to administrative and judicial bodies exists. (Article 11 of the Law on Freedom of Information, 2003 Articles 69 and 70 of the Law on Fundamentals of Administrative Proceedings, 2004, amended 2015)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework.
Judicial appeals mechanism Yes. There is a mechanism for appeal through the court system. The right and procedure for appeal to administrative and judicial bodies exists. (Article 11 of the Law on Freedom of Information, 2003 Articles 69 and 70 of the Law on Fundamentals of Administrative Proceedings, 2004, amended 2015)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements Yes. Certain administrative sanctions are provided specifically for FOI violations concerning journalists and environmental information. A violator risks not being able to hold a certain post or practice certain professional activities for a period of time ranging from 2 to 6 years, depending upon the violation and consequences thereof. (Articles 164 and 282 of the Criminal Code, 2003)
Fines are specified for violations of disclosure requirements Yes. Fines are levied on officials for the failure to provide information. Frst-time violations merit fines ranging between 10 and 50 times minimum salaries. For second-time violations committed within one year of initial sanctions, fines range between 50 and 100 times minimal salaries. Different types of FOI violations merit different fines. These criminal fines range between 50 to 400 times minimum salaries, depending upon the type of violation. (Article 1897 of the Administrative Violations Code, 1996, amended 2015 Articles 148, 164 and 282 of the Criminal Code, 2003)
Criminal sanctions are specified for violations of disclosure requirements Yes. Criminal sanctions are applied towards officials specifically for FOI violations concerning journalists and environmental information. Possible criminal sanctions include imprisonment for up to 3 years for hindering journalists’ professional activities; and imprisonment for 2 to 5 years for certain violations concerning environmental catastrophes. (Articles 164 and 282 of the Criminal Code, 2003)

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. Public entities are required to appoint an official responsible for information freedom. (Articles 12 and 13 of the Law on Freedom of Information, 2003 )
Public body that is responsible for applying sanctions No. The person with authority and responsibility that is required to ensure compliance with the FOI law is the head of the entity that holds the information or an official appointed by him/her. (Article 13 of the Law on Freedom of Information, 2003)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework.
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework.
Ombudsman involvement in implementation is specified by law No. Absent from legal framework.
Reporting of data and/or implementation is required Yes. If it is not otherwise foreseen by the Constitution and/or the Law, information holder at least once a year publicize the following information related to his activity and or changes to it; j) list of held (maintained) information and the procedures of providing it, j 1. statistical and complete data on inquiries received, including grounds for refusal to provide information; (Article 7 of the Law on Freedom of Information, 2003 )

Qualitative data for 2016


Legislation

Law on Freedom of Information, 2003 (English)pdf
Law on Legal Acts, 2002, amended 2014 (Armenian)pdf
Law on Fundamentals of Administrative Proceedings, 2004, amended 2015 (Armenian)pdf
Law on State and Official Secrets, 1996, amended 2014 (Armenian)pdf
Law on Personal Data, 2015 (Armenian)pdf
Criminal Code, 2003 (English)pdf
Administrative Violations Code, 1985, amended 2015 (Armenian)pdf

Public Procurement

The Armenian public procurement system is regulated by the Law on Procurement 2011 and several additional government Decrees (regulating the procurement process, prequalification etc.) The public procurement regulatory body is the Public Procurement Methodology Department located under the Ministry of Finance.

The lowest minimum threshold for conducting a public procurement tender is:

AMD 1 million (ca. EUR 1950) for goods, works and services

There is no minimum requirement on the number of bidders. The minimum submission period is 40 days for open procedures and 40 days for restricted procedures from dispatch date, but there is no indication of a minimum submission period for negotiated procedures. The final beneficial owners do not have to be disclosed when placing a bid.

There is no preferential treatment based on SME status or any other special consideration. Furthermore, there is no rule on automatic bid exclusion based on bid prices, etc.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence from the contracting authority is mandated for the evaluation committee.

There is no payable fee in case of an arbitration procedure, and the decisions are publicly released.


Quantitative Data

Primary Metric

201220152016Trend
Scope9999
Information availability4747
Evaluation5858
Open competition5050
Institutional arrangements6565

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) AMD 1000000. procurement base unit (Law on Procurement 2011, article 2(23))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) AMD 1000000. procurement base unit (Law on Procurement 2011, article 2(23))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) AMD 1000000. procurement base unit (Law on Procurement 2011, article 2(23))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) AMD 1000000. procurement base unit (Law on Procurement 2011, article 2(23))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) AMD 1000000. procurement base unit (Law on Procurement 2011, article 2(23))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) AMD 1000000. procurement base unit (Law on Procurement 2011, article 2(23))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) AMD 1000000. procurement base unit (Law on Procurement 2011, article 2(23))
What are the minimum application thresholds for the procurement type? (Product type WORKS) AMD 1000000. procurement base unit (Law on Procurement 2011, article 2(23))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) AMD 1000000. procurement base unit (Law on Procurement 2011, article 2(23))

Information availability

Publishing and record keeping

Which are the documents which are published in full? contract award Notice if the contract price exceeds the procurement base unit (1,000,000 Armenian drams). 0 (Law on Procurement 2011, article 10(1))
Are any of these documents published online at a central place? Yes. Bulletin
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contract documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) No. No mention in the law
Are contracts awarded within a framework agreement published? Yes. 0 (Law on Procurement 2011, articles 9(1) and 9(2))

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? No. 0
If yes, above what proportion of subcontracted value is it mandatory? Not applicable. 0

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? No. 0 (Law on Procurement 2011, article 6)
Are there restrictions on allowable grounds for tenderer exclusion? No. 0 (Law on Procurement 2011, article 6)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. 0 (Law on Procurement 2011, article 6)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. 0 (Law on Procurement 2011, article 6)
Is there a specific set of rules for green/sustainable procurement? No. 0 (Law on Procurement 2011, article 6)
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. No. 0 (Law on Procurement 2011, article 6)

Bid evaluation

Is scoring criteria published and explicit? Yes. 0 (Law on Procurement 2011, article 31(2))
Can evaluation decision be made by a single person (as opposed to a committee)? No. 0 (Law on Procurement 2011, Article 31(5-2) RA, article 23(1) for open procedure)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. for the awarding commission and PP complaint review board (Law on Procurement 2011, article 30(6) for awarding commission and article 47(3) for PP review board)
If yes, what is banned? Not specified. No mention in the law (n/A)
Is some part of evaluation comitee mandatorily independent of contracting authority? No. 0
Are scoring results recorded and publicly available? No. 0 (Law on Procurement 2011, article 31(8))
Under which conditions can the tender be cancelled? 4 cases. (1) none of the bids complies with the invitation conditions, (2) the need for procurement ceases to exist, (3) no bid has been submitted, (4) a contract is not awarded (Law on Procurement 2011, article 35)

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) Bulletin. 0 (Law on Procurement 2011, article 24(1))
Where should the call for tenders be published? (Procedure type: RESTRICTED) Publish in Bulletin for prequalification and invitation. 0 (Law on Procurement 2011, articles 19(1) and 21(2))
Where should the call for tenders be published? (Procedure type: NEGOTIATED) voluntary, with or without publication. 0 (Law on Procurement 2011, article 20(2))

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED Not specified.
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED Not specified.
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE Not specified.

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 40. 0 (Law on Procurement 2011, article 24(2))
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 40. 0 (Law on Procurement 2011, article 19(2))
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) Not specified. 0

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? arbitration services, Labour contracts, purchase of services in specific cases of criminal, administrative of court proceedings in cases stipulated by law, purchase of share of statutory capital of legal entities, securities and transactions related to trust mangement of securities. 0 (Law on Procurement 2011, article 3(4))
What are the main types of institutions which have to apply the public procurement law? State government, local self-government, State and community agencies, Central Bank, State or community Non-comercial organisations, entities with over 50% of State or community shareholding, legal entities. 0 (Law on Procurement 2011, article 2(1))
What are the main procedure types or procurement methods permitted by law? Open, Competitive dialogue, Restricted, Negotiated, simplified. 0 (Law on Procurement 2011, article 17)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Procurement complaint review board (Law on Procurement 2011, article 46)
Is there a procurement regulatory body dedicated to public procurement? Yes. Public Procurement Methodology Department, Ministry of Finance (Law on Procurement 2011, article 48(1))
Is the procurement regulatory body independent? No.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. 0
Is disclosure of final, beneficial owners required for placing a bid? No. 0

Complaints

Is there a fee for arbitration procedure? No. Free (Law on Procurement 2011, article 48)
If yes, how much Not applicable. 0 (n/A)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. 0 (Law on Procurement 2011, article 49(3))
What is the maximum number of days until arbitration court decision from filing a complaint? 20. 0 (Law on Procurement 2011, article 48(5))
Are arbitration court decisions required to be publicly released? Yes. 0 (Law on Procurement 2011, article 48(10))

Qualitative data for 2016


Legislation

Law on Procurement, 2011 - DELETE THIS ONEmissing file: