THE DEMOCRATIC PARTY OF ARTSAKH
(adopted at the founding session of the Party on January 5, 2005)
1. GENERAL PROVISIONS
1. The Democratic Party of Artsakh (hereinafter referred to as “DPA” or “Party”) is a political association of the citizens of the Nagorno Karabakh Republic called to implement the goals and objectives set forth in this Statute and the DPA Program. The Party is the successor of the “Democratic Artsakh Union” public political organization. The DPA shall operate in conformity with the acting legislation of the NKR and within the frameworks of this Statute, on the basis of the principles of voluntariness, equality, publicity and self-governance for its members.
2. The DPA is a legal entity from the moment of its state registration. In line with the acting legislation it shall have bank accounts, round seal with its name, emblem, letterhead, stamp
2.1. The DPA shall have the authority to decide on the forms and means of internal management, to exercise ownership rights over its property, enter into contracts, deals and agreements, to sue and be sued in the court.
2.2. The full and official name of the Party in English – Democratic Party of Artsakh (abbreviated as DPA).
2.3. The DPA shall operate on the territory of the Nagorno Karabakh Republic. Legal address of the permanent governing body of the Party is: 68 G. Njdeh St., Stepanakert, NKR.
2. DPA GOALS AND OBJECTIVES
2.1. The Main Goals of the DPA
Staying committed to the national values and universal ideas of humanity, to the principles of freedom, social justice and solidarity, democratic way of development of the society, the DPA shall direct its activities to:
- the strengthening and development of the independent statehood with a strong economy, building a civilized statehood, preserving and enriching its national identity.
The DPA objectives set in the program are:
- Build a legal state where the rights of a person to live a free, safe, prosperous and dignified life are ensured
- Build a civil society guided by national values, based on social solidarity, justice, tolerance and partnerships.
2.2. The DPA tasks set in the program are:
- to achieve a further separation of legislative, executive and judicial powers, the strengthening of Constitutional counterbalance among all the branches of government, the reinstatement of the deterrence mechanisms through the adoption of the NKR Constitution
- the reinstatement of the right of the people of the NKR to self-determination through the peaceful negotiations within the borders and with a security system acceptable to us
- the strengthening of human rights and universal freedoms in the NKR, as a precondition of the development of the civil society
- set priority for the development of free market relations in the economic life of the republic in the conditions of supremacy of law and equality for all members of the society before it
- ensuring the state’s responsibility towards the socially vulnerable layers of the society and reinstating the principle of social justice
- the utilization of the modern scientific achievements into the educational, cultural and academic life of the republic in the context of preservation and development of national values
- supporting the process of raising the combat readiness of the NKR armed forces, working out and spreading an ideology for the military-patriotic upbringing of the young generation
- to contribute to uniting the political and economic potential of the Diaspora for the benefit of the longevity of the Armenian nation and strengthening of its statehood
- ensuring a free competitiveness in the political field based on respect for the views of opponents and comprehensive and full co-operation with all forces showing tolerance towards the DPA ideology.
3. DPA RIGHTS AND RESPONSIBILITIES
3.1. According to the acting legislature, to implement its regulatory goals and objectives the DPA has the right to:
- to spread information about its activities in the mass media
- to participate in the presidential, parliamentary, local self-government elections separately or in alliance, nominating candidates, organizing their support and election campaigns
- organize and hold congresses, conferences, seminars, consultations and other events
- to establish DPA regional (municipal) and local structures by its decision
- to establish news media and perform publicizing activities
- to come forward with initiatives on various aspects of social life and make proposals to the state bodies
- to present and defend its rights, the interests of its members and supporters in state bodies, self-governing bodies, public organizations
- to establish public organizations or become a member of them
- to maintain direct contacts and ties with political, cultural and other organizations
- to support legal entities and citizens in the realization of initiatives and projects stemming from the goals and objectives of the Party
- to take part in the working out and adoption of draft laws in the parliament
- in conformity with the NKR Constitution to take part in the drafting of decisions of state bodies and self-government bodies through its representatives
- to enter into deals and other legal acts with physical and legal entities in conformity with the acting legislature and this Statute
- to hire on contract basis specialists for certain works, services and workouts
- to organize and hold public gatherings, demonstrations, public rallies , round tables within its authority prescribed by law
- to implement other authorities prescribed by this Statute and acting legislature
3.2. The Party shall:
- be guided by the NKR legislation, the principles and norms of the International law related to the sphere of the Party activities as well as the provisions of this Statute
- grant access to the representatives of the state bodies registering the Party to the Party events.
3.3. The DPA shall not:
- Be governed by the organizations and parties located outside of the NKR
- Initiate forcible change of power, of its state and political structure, violent acts against citizens and organizations, to make such calls, co-operate with organizations conducting violent actions
- instigate animosity among ethnic, racial, religious and social groups
- to receive financial and material support from unknown sources as well as from the NKR state bodies and institutions, except for cases prescribed by law
- to establish structures in state bodies, state enterprises and agencies and educational establishments
- to engage in an activity that is contrary to the NKR legislation.
4. DPA MEMBERSHIP
4.1. Membership to the DPA shall be voluntary. The Party shall have registered members.
4.2. DPA member has to be an NKR citizen over the age of 18 who accepts the Party program and this Statute, is registered at any of the Party structure, takes part in its work and duly pays the membership fees. Citizens not eligible to be a party members by the NKR legislature cannot be members of the DPA.
4.3. Membership to the DPA is realized by a corresponding decision of the Regional (Municipal) Council on the basis of the membership application. The participants of the founding Congress that have submitted a written membership application to the newly elected Central Council became members.
4.4. The DPA Membership may be terminated:
4.4.1. On the initiative of Party member based on his/her written application , which may be accepted or rejected by a corresponding decision of the Regional (Municipal) Council.
4.4.2. Through expelling from the Party for not acting in line with the provisions of this Statute, damaging the reputation of the Party, by the decision of the Central, Regional (Municipal) Council. The decisions may be appealed to the superior bodies of the Party up to the Congress. The decision of the Congress on the issue shall be final.
4.4.3. In case of court decision of an individual’s incapability.
4.4.4. Regional and Central council members may be expelled from the Party only by the decision of the Central Council
4.5. All DPA members are given a Party membership card, the form of which is approved by the Central Council.
4.6. The registration of the DPA members is carried out by Regional (Municipal) Councils as well as by primary organizations.
4.7. A DPA member cannot be a member of any other party
4.8. The DPA supporters
4.8.1. DPA supporter may be a citizen over 18 years of age who accepts program goals and practices of the Party but is not a member of the DPA. The DPA supporters can be members of various public organizations and unions.
4.8.2. The registration of DPA supporters shall be implemented by primary organizations in compliance with order set by the Central Council.
5. RIGHTS AND RESPONSIBILITIES OF THE DPA MEMBERS
5.1. The Party members have equal rights and responsibilities.
The DPA member has the right to:
5.1.1. elect and be elected to all elected bodies of the Party;
5.1.2. propose a candidacy or self-candidacy to all elected bodies of the Party;
5.1.3. freely express their views on any party activities;
5.1.4. participate in the sessions of any body of the Party and if his activity or proposals are being discussed;
5.1.5. get acquainted with the documents and information of the Party;
5.1.6. to speak on behalf of the Party by the authorization of its governing body;
5.2. The DPA member is obliged to:
5.2.1. abide by this Statute and to contribute fully to the implementation of the Program of the Party;
5.2.2. in public statements on current political issues, be guided by the decisions of the Party Congress, Central Council and other high leadership members;
5.2.3. pay membership fees in conformity with the regulations set by the Central Council;
5.2.4. be registered in the Party and participate in the activities of the primary organization;
5.2.5. not to commit actions discrediting the Party ;
5.2.6. personally implement the decisions of the higher leadership of the Party and actively contribute to their realization.
6. DPA ORGANISATIONAL STRUCTURE
6.1. Party structure is based on territorial principle.
6.2. Local units or Primary structures form the basis of the DPA and are created by place of residence of at least three members of the Party, by the decision of the DPA Regional (Municipal) Council.
6.3. The governing body of the local structures is the general meeting that is convened in case of necessity but no less than once in 6 months. The general meeting is valid, if more than half of the registered members are participating. The decisions are made by a simple majority of vote.
6.4. The governing body of local structures elects a Council and a Chairman of the Council for a 1-year term, which governs the activities for the period between the general meetings. The meetings are convened by necessity but no less than once in three months. In a local structure with up to 15 members only a Chairperson and deputy Chairperson are elected.
6.5. The general meeting of the local structure is authorized on:
- All the issues related to the Party activities, the future activities and objectives of the Party that stem from the decisions of Regional(Municipal), central Conference, Congress
- discussions of decisions of the Regional (Municipal) Conference, the DPA Congress, nominating and supporting candidates for parliamentary, local self-government elections and other organizational matters, including the collection of the membership fees, as well as the initiatives to grant or terminate party membership. The following authorities are applicable also to the Councils of primary organizations.
6.6. The primary structures are united into Regional (Municipal) Councils.
6.7. The DPA Regional (Municipal) Councils are created on the decision of Regional (Municipal) Conferences and are verified by the DPA Central Council.
6.8. The staff (the number of people) of the Regional (Municipal) Councils is decided by the Regional (Municipal) Conference. On its very first meeting the Council elects a Chairperson and a deputy Chairperson. The election procedure (open or secret ballot) is decided by the Council.
6.9. The DPA governing body of the Regional (Municipal) structures is the Regional (Municipal) Conference that is convened at least once in 3 years 1 month prior to the DPA Congress.
6.10. An extraordinary Regional (Municipal) Conference is convened by the decision of the DPA Central Council or on the demand of the 2/3 of the regional Council members.
6.11. The Conference is valid if half of the elected delegates are participating. The Conference decision is made on the simple majority vote of the participating delegates.
6.12. The DPA Central Council, Central Control and Audit Committee representatives of governing bodies can take part in the activities of the Conference with a right to a direct vote.
6.13. The Regional (Municipal) Conference has the authority to discuss any issue relating internal acts of Regional (Municipal) branches.
6.14. The exclusive authorities of the Conference are the following:
- to decide upon the objectives and activities of the Regional (Municipal)structures in conformity with this Statute and provisions of the Program
- to elect the governing bodies (Council, Chairperson, deputy Chairperson) of the Regional (Municipal) structures for a three- year term
- to decide upon the procedure of the governing bodies’ members (quantity), elections, calling back the member of the Council
- to discuss and adopt the report of the Regional (Municipal) Councils
- to decide upon the abolishment of the primary organization with the confirmation by the Central Council.
6.15. The activities of the Regional (Municipal) Councils for the period between the Conferences shall be governed by the Regional (Municipal) collegial body-the Council, which shall report to the Conference.
6.16. The DPA Regional (Municipal) Council:
- shall convene Regional (Municipal) Conference, decides the representational obligations of Conference delegates, sets the agenda of the Conference
- shall ensure the implementation of decisions of the Regional (Municipal) Conference, DPA Congress, DPA leadership
- shall co-ordinate the activities of the local organizations
- shall decide upon adoption into party membership or exclusion or expelling from the Party
- reports on regular basis to the Central Council about the process of admissions to the Party
- proposes to the Central Council to discuss the issues related to the activities of the members of its governing body
- In case of necessity can set up committees that act within the frameworks of the regulations set by itself
- shall not implement any other activities running counter to this Statute, except for those authorities that relate to other bodies of the Party.
6.17. The DPA Regional (Municipal) Council has the authority to make changes regarding its composition by ¼ of the total number of council members for the period between the Conferences.
6.18. By the decision of the DPA Regional (Municipal) Council, the members of the Council that have committed major violations, have not implemented the decisions of the higher governing body, or voluntarily have presented a written appeal to the Central Council, can be expelled from the Party.
6.19. The Council meetings shall be convened by the Council’s Chairperson in case of necessity, but no less than once in three months. The Council meeting is valid if more than the half of the Council members takes part in it. The decisions are made on the simple majority votes. The procedure of the voting is decided by the Council.
6.20 The Regional (Municipal) Council Chairperson is the elected Chairperson of the Regional (Municipal) organization.
6.21. The Council Chairperson shall
- ensure the implementation of the decisions of the DPA Congress, Central Council, Regional (Municipal) Conference
- represent the interests of the Regional (Municipal) organization in relation to physical and legal entities
- assign responsibilities among the members of the Council
- sign documents within the authorities vested in him by the DPA Central Council
- report to the Regional (Municipal) Conference and Regional Council
- carry out other activities that do not run counter to this Statute.
6.22. By the decision of the Central Council the Chairperson of the Regional (Municipal) Council can also be expelled from his position for failing to implement the decisions of the DPA leadership by the decision of the Central Council, until the Regional (Municipal) Conference decides otherwise. For that period the deputy Chairperson of the Council is fulfilling the duties of the Chairperson.
6.23. On the absence of the Chairman of the Regional (Municipal) Council, by his order, his duties are vested upon the Deputy Chairperson.
6.24 To ensure the facilitation of internal discipline of the DPA, and the productive and harmonious functioning of all the structures of the Party, the following principles are applied:
- the election of all party bodies from down to upwards
- reporting on regular basis by elected bodies to the superior bodies
- ensuring the collegiality and publicity of the activities
- the binding nature of the decisions of the superior bodies of the Party for subordinate bodies.
7. DPA CENTRAL SUPREME AUTHORITIES
The DPA Central supreme authorities are the Congress and the Central Council elected by the Congress.
7.1. The DPA Congress shall be convened by the decision of the Central Council once in three years. The delegates to the Congress are elected at the DPA Regional (Municipal) Conference, according to representational norms, decided by the Central Council.
7.2. The Chairman of the DPA Central Congress, his deputies and members, as well as the chairman and the member of the Central Audit and Control Commission, members of the DPA faction at the NKR National Assembly are delegates of the Congress.
7.3. Representatives of the NKR state authorities, various political parties, non-governmental organizations and media representatives can be invited to the DPA Congress.
7.4. An emergency or extraordinary Congress may be convened during the period between the congresses either by the decision of the DPA Central Council or upon the written request of at least 1/2 of the DPA Regional (Municipal) structures and by the request of the Central Audit and Control Committee for a three-month period.
7.5. The Congress is valid if at least 2/3 of the overall number of delegates is in attendance. The decisions of the Congress are made by a simple majority vote of the delegates. The procedure of voting is determined by the Congress.
7.6. The Party Congress shall:
- approve the party Statute and make amendments to it
- approve the program and make amendments to the program
- approve the regulations of the Central Audit and Control Committee
- decide the main directions of activity and its strategy
- hear and approve the reports of the DPA Central Council, Central Audit and Control and Mandate Committees
- elect the staff of the Central Council and Central Audit and Control for a three-year term
- decide on the nomination or support of the nominated candidacy for the NKR President
- decide on the reorganization (merger, unification, separation, reconstruction) or liquidation of the Party.
7.7. During the period between congresses the permanent governing body of the Party is the Central Council. The meetings of the Council shall be convened no later than once in three months. The composition of the staff, the procedure of the election and calling back of a member is decided by the Council.
7.8. The Chairperson and deputy chairpersons of the Central Council shall be elected by open ballot at the primary meeting. The number of the deputy chairpersons is decided by the Central Council.
7.9. The Central Council meeting shall be convened by the chairperson, should he/she be absent, by one of the deputy chairpersons. An extraordinary meeting of the Council may be convened on the request of 1/3 of the Council members.
7.10. The meeting of the DPA Central Council shall be valid if more than half of the overall number of members is in attendance. The decisions shall be made by a simple majority vote of the attendees by open ballot. The Central Audit and Control Committee members may participate in the meetings of the Council with an advisory vote.
7.11. DPA Central Council
- decides on the establishment or liquidation of the primary organizations
- coordinates the activity of the Regional (Municipal) structures
- approves and long-term programs and projects of the Party’s main activities and controls their implementation
- decides on convening an regular or extraordinary Congress, determines the composition of the representatives to the Congress
- decides on the nomination or support of the nominated candidacy for the National Assembly deputies, local self-government bodies, entering into electoral alliance
- decides on establishing public unions, and leaving these unions
- submits for the Congress’s consideration and approval the activity report of the Central Council
- sets up standing and ad-hoc committees
- establishes Party Office and decides the composition of the staff
- issues statements and recommendations on behalf of the Party
- approves the procedure of awarding or fining the Party members
- approves rules, regulations of the standing or ad hoc committees
- approves the Party budget and manages the Party finances and property
- may set up corresponding bodies for implementing current activities
- makes the decisions on the Party activity that are not subject to the jurisdiction of other bodies.
7.12. During the period between congresses the composition of the DPA Central Council may be changed with the number of no more than 1/3 of the staff, by the decision of the Council, to be approved at the next congress.
7.13. The member of the DPA Central Council may be expelled by the decision of the Council for statutory violations, non-fulfillment of responsibilities prescribed by the decisions of the Party superior bodies, by the self-suspension from the works of the Council or on the basis of written application
7.14. The Chairperson of the DPA Central Council:
- is the head of the Party
- makes a report at the Party Congress on behalf of the Central Council
- exercises the overall guidance of the Party and allocate responsibilities among the members of the Council
- guides the activity of the Party Office and appoint the members of the staff
- on behalf of the Central Council signs documents with legal entities
- ensures the implementation by the Council of fundamental program provisions, Statue, as well as the decisions of the Congress
- the deputy chairperson (chairpersons) acts within their authorities and are responsible for the activities assigned by the Chairperson of the Council.
8. CENTRAL AUDIT AND CONTROL COMMITTEE
8.1 The DPA Central Audit and Control Committee (CACC) shall organize and exercise control over of the implementation of statutory requirements and the decisions of governing bodies, as well as over the financial and economic activities of the Party bodies.
8.2. The DPA Central Audit and Control Committee shall be elected by the Congress, from delegates, by the composition set by the Congress. The chairperson and the deputy chairperson of the Committee shall be elected at the meeting of the Commission by open ballot, with the majority vote.
8.3. The CACC shall examine the Party’s financial and economic activities no less than once a year. The CACC shall examine also the activities of the Regional (Municipal) organizations.
8.4. The CACC shall receive all the documents and materials necessary for examining, as well as the personal explanations of officials and employees.
8.5. The CACC is accountable to the Congress. The procedure of the CACC activities shall be defined by the regulation of Central Audit and Control Committee, approved by the Congress.
9. ASSETS AND PROPERTY OF THE DEMOCRATIC PARTY OF ARTSAKH
9.1. The Party assets and property shall be managed by the Central Council of the Party. The members of the Party have no separate ownership rights to the Party’s property and assets.
9.2. The budget of the Party shall be generated from:
- membership fees
- voluntary contributions and donations by individuals and legal entities
- events conducted by the Party
- other means not prohibited by the Legislation
9.3. The assets may not be reallocated among the party members, but can be allocated for the establishment of the Party fund.
9.4. According to the acting laws the Party may have a property: lands, buildings, facilities, vehicles, equipment, property, cultural-educational means, shares and other properties that are necessary for the activities of the Party. The Party may own enterprises, publishing and media facilities, which are created and were obtained by party, in order to achieve the statutory objectives.
10. DPA MEMBERSHIP FEE COLLECTION, CALCULATION AND ACCOUNTING
10.1. A Party member shall pay a monthly membership fee in accordance with the Party Central Council approved amounts.
10.2. The Party shall conduct accounting and statistical calculations, prescribed by the acting legislation.
10.3. The responsibility for the calculations and for presenting accounting and statistical reports in time lies upon the head of the Office and the accountant, whose authorities are determined by the existing Legislation.
11. TERMINATION OF ACTIVITIES OF DPA
11.1. The activities of the Party shall be terminated either by the decision of the Party Congress in case of its liquidation with the majority of the votes of delegates in favor of the decision, or in cases prescribed by the NKR legislation.
11.2. In case the decision about termination of the activities of the Party is made, the documents of the Party shall be submitted to the State Archives for preservation, as prescribed by law.
11.3. In case of a decision upon liquidation, after the statutory payments are made, the rest of the property shall be transferred to the State, as defined by the Congress.