OFFICIAL TRANSLATION<\/p>\n
MINISTRY OF JUSTICE OF THE REPUBLIC OF ARMENIA<\/p>\n
696-L\/11.06.2018\/EN\/I-25.07.2019\/20.11.2019<\/p>\n
<\/p>\n
RUSTAM BADASYAN<\/p>\n
MINISTER OF JUSTICE OF THE REPUBLIC OF ARMENIA<\/p>\n
21 NOVEMBER 2019<\/p>\n
\u00a0<\/strong><\/p>\n PRIME MINISTER OF THE REPUBLIC OF ARMENIA<\/strong><\/p>\n \u00a0<\/strong><\/p>\n DECISION<\/strong><\/p>\n No 696-L of 11 June 2018<\/p>\n <\/p>\n ON APPROVING THE CHARTER OF THE STATE SUPERVISION SERVICE OF THE REPUBLIC OF ARMENIA<\/strong><\/span><\/p>\n <\/p>\n Based on part 10 of Article 7 of the Law of the Republic of Armenia \u201cOn state administration bodies\u201d, as well as guided by Article 7 of the Law of the Republic of Armenia \u201cOn State Supervision Service\u201d:<\/span><\/p>\n Approve the Charter of the State Supervision Service of the Republic of Armenia according to the Annex.<\/span><\/p>\n Yerevan<\/td>\n <\/p>\n to Decision of the Prime Minister <\/p>\n <\/p>\n CHARTER<\/strong><\/span><\/p>\n OF THE STATE SUPERVISION SERVICE I. GENERAL PROVISIONS<\/strong><\/p>\n (1)\u00a0\u00a0\u00a0 in Armenian \u2014 \u0540\u0561\u0575\u0561\u057d\u057f\u0561\u0576\u056b \u0540\u0561\u0576\u0580\u0561\u057a\u0565\u057f\u0578\u0582\u0569\u0575\u0561\u0576 \u057a\u0565\u057f\u0561\u056f\u0561\u0576 \u057e\u0565\u0580\u0561\u0570\u057d\u056f\u0578\u0572\u0561\u056f\u0561\u0576 \u056e\u0561\u057c\u0561\u0575\u0578\u0582\u0569\u0575\u0578\u0582\u0576;<\/span><\/p>\n (2)\u00a0\u00a0\u00a0 in Russian \u2014 \u0421\u043b\u0443\u0436\u0431\u0430 \u0433\u043e\u0441\u0443\u0434\u0430\u0440\u0441\u0442\u0432\u0435\u043d\u043d\u043e\u0433\u043e \u043d\u0430\u0434\u0437\u043e\u0440\u0430 \u0420\u0435\u0441\u043f\u0443\u0431\u043b\u0438\u043a\u0438 \u0410\u0440\u043c\u0435\u043d\u0438\u044f;<\/span><\/p>\n (3)\u00a0\u00a0\u00a0 in English \u2014 State Supervision Service of the Republic of Armenia;<\/span><\/p>\n (4)\u00a0\u00a0\u00a0 in French \u2014 Service de surveillance de l’\u00e9tat de la R\u00e9publique d’Arm\u00e9nie.<\/span><\/p>\n (point 8 amended by No 997-L of 25 July 2019)<\/em><\/strong><\/span><\/p>\n II.PURPOSE AND OBJECTIVES OF THE SERVICE<\/strong><\/p>\n \u00a0 \u00a0 \u00a0 \u00a0 9.\u00a0 The purpose of the activities of the Service shall be ensuring the exercise of the supervisory powers vested in the Prime Minister of the Republic of Armenia by the Constitution and laws of\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0the Republic of Armenia.<\/span><\/p>\n 10.Based on the mentioned purpose, the Service shall:<\/span><\/p>\n (1)\u00a0 \u00a0conduct examinations in state administration bodies and state institutions for the purpose of:<\/span><\/p>\n a) supervision over the execution of decisions of the Government of the Republic of Armenia, decisions and assignments of the Prime Minister of the Republic of Armenia, action plans of the Government of the Republic of Armenia, including anti-corruption programmes and measures,<\/span><\/p>\n b)supervision over the legitimacy and effectiveness of their activities,<\/span><\/p>\n c)supervision over effectiveness and legitimacy of the management and formation of state funds;<\/span><\/p>\n (2)\u00a0\u00a0\u00a0 conduct examinations in bodies, established by the Constitution and laws of the Republic of Armenia, which are not considered to be state administration bodies, for the purpose of supervision over legitimacy of the management of state funds;<\/span><\/p>\n (3)\u00a0\u00a0\u00a0 conduct examinations in local self-government bodies for the purpose of assessing reliability of the information serving as grounds for providing state funds;<\/span><\/p>\n (4)\u00a0\u00a0\u00a0 conduct examinations at authorised persons performing the function of formation of state funds for the purpose of supervision over legitimacy of the formation of state funds;<\/span><\/p>\n (5)\u00a0\u00a0\u00a0 conduct examinations at legal persons with participation of the Republic of Armenia for the purpose of exercising supervision arising from the participation of the Republic of Armenia and deriving from the powers of the authorised body, as well as representative of the Republic of Armenia in the highest management and supervising body;<\/span><\/p>\n (6)\u00a0\u00a0\u00a0 conduct examinations at persons \u2014 with participation of the Republic of Armenia \u2014 acting as a party to civil law transactions for the purpose of exercising supervision deriving from civil law transactions with the participation of the Republic of Armenia and over the fulfilment of the conditions thereof, except for giving instructions based on the contract, which shall be implemented through the authorised body acting on behalf of the Republic of Armenia under the contract;<\/span><\/p>\n (7)\u00a0\u00a0\u00a0 conduct examinations at legal persons having received means in the form of donation or grant from the State, community, or state or community non-commercial organisations, organisations with more than 50% of state or community shares for the purpose of exercising supervision over the observance of the requirements of the legislation regulating the procurement process;<\/span><\/p>\n (8)\u00a0\u00a0\u00a0 conduct examinations at persons having received a subsidy or grant from the Republic of Armenia for the purpose of assessing reliability of the information serving as a ground for providing state funds;<\/span><\/p>\n (9)\u00a0\u00a0\u00a0 upon the consent of the Prime Minister of the Republic of Armenia, be authorised to propose to terminate the execution of the transaction, as well as the procedures and actions aimed at conclusion thereof, for the purpose of identifying, assessing the reasonability of risks of unlawful actions of management and formation of state funds, threat of abuse and possible damages, and minimising them in the cases of such risks;<\/span><\/p>\n (10)\u00a0 carry out disciplinary proceedings upon the assignment of the Prime Minister of the Republic of Armenia;<\/span><\/p>\n (11)\u00a0\u00a0 address the received applications, complaints and recommendations to competent state administration bodies and supervise their process;<\/span><\/p>\n (12)\u00a0\u00a0 conduct parallel examinations in the cases and in the manner prescribed by the Law of the Republic of Armenia \u201cOn State Supervision Service\u201d;<\/span><\/p>\n (13)\u00a0\u00a0 submit recommendations on the required measures deriving from the results of the supervision and exercise control over the implementation thereof;<\/span><\/p>\n (14)\u00a0\u00a0 co-operate with state and local self-government bodies, international organisations and relevant structures of foreign countries;<\/span><\/p>\n (15)\u00a0\u00a0 submit recommendations on draft legal acts and amendments (supplements) in the field of state administration;<\/span><\/p>\n (16)\u00a0 carry out other tasks prescribed by law.<\/span><\/p>\n (point 10 supplemented by No 997-L of 25 July 2019)<\/em><\/strong><\/p>\n <\/p>\n III. FUNCTIONS OF THE SERVICE<\/strong><\/p>\n (1)\u00a0\u00a0\u00a0 the Service shall conduct examinations based on the letters of instruction of the Head of the Service in coordination with the Prime Minister of the Republic of Armenia. The letters of instruction shall prescribe the name of the body conducting examination, the full name, place of location of the facility under supervision, sector with regard to which the examination shall be conducted or the relevant part thereof, period under consideration, time limits and place for conducting examination, details on the official(s) conducting examination (title, name and surname).<\/span><\/p>\n In case of necessity to conduct examinations or inspections in the sectors under supervision of state administration bodies and local self-government bodies, the Service may, as prescribed by the Prime Minister of the Republic of Armenia, file a motion to the competent body for performing supervisory functions deriving from the powers of the given body by informing the Service of the results.<\/span><\/p>\n The examination may be conducted both in and out of the Service through requiring materials related to the examination, as well as through providing examination in electronic systems. The examination shall be conducted through requiring materials, objects, documents and information, as well as, where necessary, making an inventory of goods and materials, and through examination thereof.<\/span><\/p>\n In the course of the examination, the person conducting examination shall have the right to require written clarifications, which shall be subject to provision within the time limits prescribed by the claim filed.<\/span><\/p>\n The results of the examination shall be summarised in the relevant statement of information (hereinafter referred to as \u201cthe Statement of Information\u201d). The statement of information shall be provided to the entity under supervision for giving an opinion thereon. The results of the examination shall include the Statement of Information and all the materials obtained within the framework of the examination, including the opinion given in relation to the Statement of Information.<\/span><\/p>\n The results of the examination shall be reported to the Prime Minister of the Republic of Armenia and may serve as a ground for the Prime Minister of the Republic of Armenia to give relevant assignments and apply liability measures or give assignments on the application thereof;<\/span><\/p>\n (2)\u00a0\u00a0\u00a0 the Service shall conduct parallel examinations at the other party to the transaction based on the letter of instruction of the Head of the Service, in coordination of the Prime Minister of the Republic of Armenia.<\/span><\/p>\n The Service shall conduct parallel examinations in local self-government bodies exclusively upon the assignment of the Prime Minister of the Republic of Armenia.<\/span><\/p>\n The Service shall conduct parallel examinations at the other party to the transaction only in the cases when the information necessary to the Service within the framework of the examination conducted at the entity under supervision is incomplete, and it is impossible to assess the transaction under examination without conducting a parallel examination.<\/span><\/p>\n The Service shall conduct parallel examinations in local self-government bodies exceptionally in the cases when the information necessary to the Service within the framework of the examination being conducted in state administration bodies is incomplete, and it is impossible to assess the legitimacy and effectiveness of the activities of the state administration body under examination without conducting a parallel examination in the local self-government body.<\/span><\/p>\n The parallel examination at the other party to the transaction shall be limited to the examination of the conditions of actual performance of obligations, documents and other carriers as of the moment of examination of the transaction and, for that purpose, by requiring and receiving materials, objects, information and clarifications from persons, as well as, where necessary, making an inventory of goods and materials without disrupting the normal functioning of such persons;<\/span><\/p>\n (3)\u00a0\u00a0\u00a0 the Service shall carry out monitoring for the purpose of examination, analysis and summarisation of the received information, applications, complaints, recommendations, documents and reports, for submitting recommendations to the Prime Minister of the Republic of Armenia through the comparison of the annual action plans of the Government of the Republic of Armenia and that of the inspection body with inspections conducted, as well as through the analysis of information obtained from information systems and databases and data on the results of the activities of inspection bodies. Access to information systems and databases, as well as receipt of information on the results of the activities of inspection bodies shall be provided as prescribed by the Prime Minister of the Republic of Armenia;<\/span><\/p>\n (4)\u00a0\u00a0\u00a0 based on the results of the supervision conducted, the Service shall analyse the recorded violations, issues, their causes, circumstances and consequences, by submitting to the Prime Minister of the Republic of Armenia statements of information and reports thereon, as well as recommendations on subjecting to disciplinary liability or giving assignment thereon;<\/span><\/p>\n (5)\u00a0\u00a0\u00a0 recommendations on analysis of the results of the supervision, as well as on increasing the effectiveness of the activities, on eliminating the omissions and shortcomings existing shall be submitted to the Prime Minister of the Republic of Armenia and entities under supervision;<\/span><\/p>\n (6)\u00a0\u00a0\u00a0 when exercising supervision, the Service, within the scope of powers vested therein by the Law of the Republic of Armenia \u201cOn State Supervision Service\u201d:<\/span><\/p>\n a) shall receive gratuitous and free access to all paper and electronic information databases and systems, information and documents that are in the entity under supervision or with its official and pertaining to the powers of the Service, as prescribed by the Prime Minister of the Republic of Armenia,<\/span><\/p>\n b) shall have access to the areas of the entity under supervision, including areas under special control,<\/span><\/p>\n c) shall be competent for requiring and receiving information, documents, statements of information, clarifications relating to the functions of the Service, from the entities under supervision and the officials thereof,<\/span><\/p>\n d) shall be competent, where necessary, for involving internal auditors of the entity under supervision (upon the consent of the given organisation), professionals, experts and representatives of scientific institutions as participants of the supervision and for forming ad-hoc working groups,<\/span><\/p>\n e) shall, in compliance with requirements prescribed by the Law of the Republic of Armenia \u201cOn protection of personal data\u201d, collect information through electronic or paper carriers, surveys or other means not prohibited by law, as well as receive and classify the collected information through online access to the existing electronic information databases,<\/span><\/p>\n f) shall systematically summarise the information received on-line, through surveys, as well as through other means not prohibited by law and compare them with the subject of analysis or the actual status of the phenomenon to be analysed for the purpose of establishing the existing realities and providing an assessment thereto,<\/span><\/p>\n g) shall make visits for the purpose of receiving information on the phenomena, events, realities and assessing them,<\/span><\/p>\n h) shall conduct an inspection, site survey of premises, buildings, transportation means, objects, documents, equipment (including electronic), during which photographing, video recording, carbon copying of documents may be conducted,<\/span><\/p>\n I) may make a procurement of goods, works and services aimed at comparison of prices for factual acquisition of the same or similar goods, works, services, as well as at clarification of sales standards of goods prescribed by the legislation of the Republic of Armenia,<\/span><\/p>\n j) based on the necessity of clarifying the issues requiring special expert assessment, shall undertake an examination through taking objects, samples and documents, where necessary,<\/span><\/p>\n k) shall compare the results \u2014 obtained through the secondary data collection method \u2014 of the performed and completed actions or their phases with the results reflected in the record keeping;<\/span><\/p>\n (7)\u00a0\u00a0\u00a0 shall, as prescribed by the Prime Minister of the Republic of Armenia, collect, summarise operational information received from state administration bodies in accordance with the form and procedure prescribed and shall submit it to the Prime Minister of the Republic of Armenia;<\/span><\/p>\n (8)\u00a0\u00a0\u00a0 shall ensure improvement of professional knowledge and working skills of the employees of the Service, organisation of the training processes prescribed by the legislation of the Republic of Armenia, assistance and performance evaluation (attestation);<\/span><\/p>\n (9)\u00a0\u00a0\u00a0 shall carry out the assignments of the Prime Minister of the Republic of Armenia, as a result of which it shall draw up statements of information or submit recommendations or information;<\/span><\/p>\n (10)\u00a0 carry out control activities over notifying the relevant employees of the draft orders of the Head of the Service and of the General Secretary with regard to mobilisation and civil defence, over mobilisation preparation of the Service, development of mobilisation preparation projects and plans, scientific and methodical, information, methodical and organisational activities, registration of conscripts and enlisting of conscripts in the reserve subject to special military registration, conducting training exercises, development of civil defence plans and performing duties with regard thereto.<\/span><\/p>\n (point 11 supplemented by No 997-L of 25 July 2019)<\/em><\/strong><\/p>\n IV. MANAGEMENT AND ADMINISTRATION OF THE SERVICE<\/strong><\/p>\n 12. The management of the Service shall be carried out by the Prime Minister of the Republic of Armenia.<\/span><\/p>\n 13. Prime Minister of the Republic of Armenia shall:<\/span><\/p>\n (1)\u00a0\u00a0\u00a0 approve the Charter of the Service and amendments made thereto;<\/span><\/p>\n (2)\u00a0\u00a0\u00a0 approve the structure of the Service and changes made thereto;<\/span><\/p>\n (3)\u00a0\u00a0\u00a0 establish the main directions of the activities of the Service in compliance with the purposes and objectives of the Service;<\/span><\/p>\n (4)\u00a0\u00a0\u00a0 exercise supervision over the activities of the Service;<\/span><\/p>\n (5)\u00a0\u00a0\u00a0 hear reports on the activities of the Service and examine the results of inspections of its activities;<\/span><\/p>\n (6)\u00a0\u00a0\u00a0 approve the annual balance sheet, unless otherwise provided for by law;<\/span><\/p>\n (7)\u00a0\u00a0\u00a0 give recommendations and instructions to the Head of the Service;<\/span><\/p>\n (8)\u00a0\u00a0\u00a0 suspend or repeal the orders, directives, executive orders, instructions and assignments of the Head of the Service that contradict the requirements of the legislation of the Republic of Armenia;<\/span><\/p>\n (9)\u00a0\u00a0\u00a0 exercise other powers provided for by law.<\/span><\/p>\n The Head shall have deputies who are appointed to and removed from office by the Prime Minister of the Republic of Armenia upon consultation with the Head.<\/span><\/p>\n In the course of his or her activities, the Head shall be guided by the Constitution of the Republic of Armenia, the laws of the Republic of Armenia, this Charter, other legal acts and international treaties of the Republic of Armenia.<\/span><\/p>\n Positions of the Head and deputy heads shall be administrative positions. Deputy heads, General Secretary, heads of subordinate institutions, organisations, assistants to the Head and heads of structural subdivisions shall be directly accountable and subordinate to the Head.<\/span><\/p>\n (1)\u00a0\u00a0\u00a0 shall be responsible to the Prime Minister of the Republic of Armenia for the implementation of the objectives and functions set before the Service;<\/span><\/p>\n (2)\u00a0\u00a0\u00a0 shall act on behalf of the Republic of Armenia without a letter of authorisation, as well as issue letters of authorisation to act on behalf of the Republic of Armenia, including letters of authorisation with the power of substitution;<\/span><\/p>\n (3)\u00a0\u00a0\u00a0 shall exercise the administration of organisations and institutions transferred to the subordination of the Service;<\/span><\/p>\n (4)\u00a0\u00a0\u00a0 shall appoint and dismiss the advisor and assistant thereto, as well as the assistants to the Deputy thereof;<\/span><\/p>\n (5)\u00a0\u00a0\u00a0 shall appoint and dismiss relevant employees of the Service, apply incentive measures thereto and impose disciplinary penalties thereon in cases provided for by law;<\/span><\/p>\n (6)\u00a0\u00a0\u00a0 shall submit recommendations with the aim of granting state awards to the employees of the Service;<\/span><\/p>\n (7)\u00a0\u00a0\u00a0 shall approve the staff list of the Service;<\/span><\/p>\n (8)\u00a0\u00a0\u00a0 shall submit the number of employees, structure, as well as recommendations on making changes therein to the Prime Minister of the Republic of Armenia for approval;<\/span><\/p>\n (9)\u00a0\u00a0\u00a0 shall define the competences of the structural subdivisions, by approving their charters;<\/span><\/p>\n (10)\u00a0 shall approve the internal disciplinary rules of the Service;<\/span><\/p>\n (11)\u00a0\u00a0 shall establish working groups and advisory bodies adjunct thereto;<\/span><\/p>\n (12)\u00a0\u00a0 shall suspend or repeal the orders of the General Secretary that contradict the requirements of the legislation of the Republic of Armenia;<\/span><\/p>\n (13)\u00a0\u00a0 shall suspend or repeal the assignments of his or her Deputy and the General Secretary;<\/span><\/p>\n (14)\u00a0\u00a0 shall suspend or repeal the orders, directives, executive orders, instructions and assignments \u2014 contradicting the requirements of the legislation of the Republic of Armenia \u2014 of the heads of organisations and institutions transferred to the subordination of the Service;<\/span><\/p>\n (15)\u00a0\u00a0 shall hear the reports of structural subdivisions, organisations and institutions transferred to the subordination of the Service, examine the results of the inspection of the activities thereof, unless otherwise provided for by law;<\/span><\/p>\n (16)\u00a0 shall submit the annual financial statements on the activities of the Service and the annual balance sheet to the Prime Minister of the Republic of Armenia, approve the estimate of the annual maintenance costs of the Service and the results of the audit of reliability of the financial statements;<\/span><\/p>\n\n\n
\n Prime Minister
\nof the Republic of Armenia<\/strong><\/td>\nN. Pashinyan<\/strong><\/td>\n<\/tr>\n \n 11 June 2018<\/p>\n <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n
\n <\/td>\n Annex<\/strong><\/p>\n
\nof the Republic of Armenia
\nNo 696-L of 11 June 2018<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
\nOF THE REPUBLIC OF ARMENIA<\/strong><\/span><\/p>\n\n
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