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Article 144
 

Transitional and final provisions


1. This Code shall enter into force from 1 June 2016.


2. The Electoral Code of the Republic of Armenia adopted on 26 May 2011 shall be repealed upon the entry into force of this Code, except for cases prescribed by part 3 of this Article.


3. The elections of Head of the community and members of council of elders called before 1 September 2017 shall be organised and held in accordance with the regulations of the Electoral Code of 26 May 2011", except for the provisions restricting the right to vote and to be elected during elections of Head of the community and member of council of elders, which is regulated in accordance with the provisions prescribed by this Code. After the entry into force of this Code elections of council of elders shall be held in Gyumri and Vanadzor communities under the proportional electoral system provided for by this Code, while elections of Head of the community and member of council of elders shall not be held. The voting for the elections of councils of elders called in Gyumri and Vanadzor communities before 1 September 2017 shall be organised and held, and the election results shall be summarised by TECs in accordance with the regulations of the Electoral Code of 26 May 2011 prescribed for the election of the Council of Elders of Yerevan.
Before 1 September 2017, during elections of the Councils of Elders of Gyumri, Vanadzor, as well as of Head of the community and member of council of elders, the lists of voters shall be drawn up in accordance with the requirements of the Electoral Code of 26 May 2011 for lists of voters, which includes persons, prescribed by this Code, having the right to vote during elections of local selfgovernment bodies.
Accreditation of non-governmental organisations carrying out observation missions during elections of the Councils of Elders of Gyumri, Vanadzor, Head of the community and members of council of elders shall be carried out in accordance with the provisions of the Electoral Code of 26 May 2011.
Qualification certificates shall not be required from observers of organisations carrying out observation mission, and the requirement prescribed by part 8 of Article 31 of this Code shall be effective from 1 January 2017.
The CEC may, before 1 September 2017, adopt a decision on organising and holding, as a pilot project, voting for the elections of local self-government bodies in separate communities in accordance with the regulations of this Code. Subject to the implementation of the pilot project, the CEC shall be entitled to change the day of voting for self-government body by setting a new day.


4. The Central and constituency election commissions functioning before the entry into force of this Code shall exercise their powers until the day of convening the first session after formation of the Central and TECs, respectively, as provided for by this Code.
Where the term of powers of any member of the CEC expires before the entry into force of this Code before formation of the new CEC, those members shall continue to hold office until the formation of the new CEC.


5. The CEC must be formed before 1 November 2016. The first session of the CEC shall be convened on the 3rd working day following the formation of the CEC, at 12:00. The CEC shall be considered as formed upon the election of the 2/3 of the composition of the Commission.


6. The CEC shall — before 1 December 2016 — designate the service areas of TECs, the seats and numbers of TECs. TECs shall be formed within a 21-day period after designating the service areas of TECs and the seats of TECs. The 1st sessions of TECs shall be called by the CEC.


7. Part 6 of Article 42 of this Code shall enter into force from the moment of assuming of powers by the newly-elected President of the Republic.


8. After the entry into force of this Code, before the elections of the new National Assembly, in part 5 of Article 44 of this Code number 90 shall be taken as the number of mandates of Deputies of the National Assembly, whereas the number of mandates received by a political party under the proportional electoral system of the National Assembly shall be taken as the number of mandates received by a political party of the National Assembly.


9. The requirement prescribed by Article 97 and Article 98 of this Code on coming to an agreement as to and recommending a candidate for Prime Minister shall enter into force from the moment of assuming of powers by the newly-elected President of the Republic.


10. After the entry into force of this Code before the election of the new National Assembly, the mandate of the Deputy — who has been elected under the proportional electoral system of the National Assembly and whose powers have early terminated — shall be given to the next candidate in sequence in the candidate list of that political party upon a protocol of the CEC within a 1-week period after notifying the Commission. Where there is no other candidate in the candidate list, the mandate shall remain vacant.


11. After the entry into force of this Code, before the election of the new National Assembly, the mandate of the Deputy — who has been elected under the majoritarian electoral system of the National Assembly and whose powers have early terminated — shall remain vacant.


12. After the entry into force of this Code, regulatory decisions of the CEC shall be effective to the extent they are not in conflict with this Code.


13. Qualification certificates for being included in an election commission and certificates for carrying out observation mission received based on a test in accordance with the Electoral Code of the Republic of Armenia adopted on 26 May 2011, shall be considered as invalid from 31 December 2016.


14. Before 1 January 2021 during elections of the National Assembly, the Councils of Elders of Yerevan, Gyumri, Vanadzor, in the first part of the national candidate list of a political party, alliance of political parties and every of the political parties included in the alliance, the number of representatives of every sex, starting from the 1st place on the list, must not exceed 75 per cent in every integer group of 4 (1-4, 1-8, 1-12 and subsequently up to the end of the list), and the number of representatives of every sex in the district candidate list of a political party (alliance of political parties) running in the elections must not exceed 75 per cent.


15. Before 1 January 2021 during elections of the National Assembly, the mandate of a Deputy —who has waived the mandate under the first part of the national candidate list or who has been elected as Deputy therefrom and whose powers have been early terminated — shall be given to the next candidate in sequence in the first part of the national candidate list of that political party upon a protocol of the CEC, within a 1-week period after notifying the Commission thereon, and where as a result of it, the number of representatives of any sex in the given faction falls below and results in less than 20 per cent, it shall be given to the next candidate of less represented sex in the first part of the national candidate list of that political party, if any.


16. Before 1 January 2021 during elections of the Councils of Elders of Yerevan, Gyumri, Vanadzor, the mandate of a member of council of elders — who has waived the mandate or who has been elected and whose powers have been early terminated — shall be given to the next candidate in sequence of the candidate list of that political party (alliance of political parties) upon a protocol of the relevant election commission, within a 1-week period after notifying the commission thereon, and where as a result of it, the number of representatives of any sex in the given faction falls below and results in less than 20 per cent, it shall be given to the next candidate of less represented sex in the candidate list of that political party (alliance of political parties), if any.


17. Norms prescribed by his Code for a judge shall apply also to members of the Constitutional Court.