§ Article 164(untitled)

Status of a Judge

1. When administering justice, a judge shall be independent, impartial and act only

in accordance with the Constitution and laws.

2. A judge may not be held liable for the opinion expressed or judicial act rendered

during administration of justice, except where there are elements of crime or

disciplinary violation.

3. Criminal prosecution of a judge of the Constitutional Court with respect to the

exercise of his or her powers may be initiated only upon the consent of the

Constitutional Court. A judge of the Constitutional Court may not be deprived of

liberty, with respect to the exercise of his or her powers, without the consent of the

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Constitutional Court, except where he or she has been caught at the time of or

immediately after committing a criminal offence. In this case, deprivation of liberty

may not last more than seventy-two hours. The Chairperson of the Constitutional

Court shall be immediately notified of the deprivation of liberty of a judge of the

Constitutional Court.

4. Criminal prosecution of a judge with respect to the exercise of his or her powers

may be initiated only upon the consent of the Supreme Judicial Council. A judge may

not be deprived of liberty, with respect to the exercise of his or her powers, without

the consent of the Supreme Judicial Council except where he or she has been caught

at the time of or immediately after committing a criminal offence. In this case,

deprivation of liberty may not last more than seventy-two hours. The Chairperson of

the Supreme Judicial Council shall be immediately notified of the deprivation of liberty

of a judge.

5. The grounds and procedure for subjecting a judge to disciplinary liability shall be

prescribed by the Law on the Constitutional Court and the Judicial Code.

6. A judge may not hold any position not related to his or her status in other state or

local self-government bodies, any position in commercial organisations, or engage in

entrepreneurial activities or perform other paid work, except for scientific, educational

and creative work. The Law on the Constitutional Court and the Judicial Code may

prescribe additional incompatibility requirements.

7. A judge may not engage in political activities.

8. The powers of a judge shall discontinue upon expiry of the term of powers

thereof, in cases of loss of citizenship of the Republic of Armenia or acquisition of

citizenship of another State, entry into force of a criminal judgment of conviction

rendered against him or her, termination of criminal prosecution on non-acquitting

grounds, entry into force of a civil judgment on declaring him or her as having no

active legal capacity, as missing or dead, in case of his or her resignation or death.

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9. In cases of violation of incompatibility requirements, engaging in political activities,

impossibility of holding office for health reasons, in case of committing essential

disciplinary violation the powers of a judge of the Constitutional Court shall be

terminated upon the decision of the Constitutional Court, whereas the powers of a

judge — upon the decision of the Supreme Judicial Council.

10. The remuneration of a judge shall be determined in compliance with his or her

high status and responsibility. The amount of remuneration of a judge shall be

prescribed by law.

11. Details related to the status of judges shall be prescribed by the Law on the

Constitutional Court and the Judicial Code.