Draft Law “On Special Citizenship of the Republic of Armenia”
PROJECT
LAW OF THE REPUBLIC OF ARMENIA
“On the special citizenship of the Republic of Armenia”
Chapter 1. General provisions
Article 1. Subject of regulation
1. This Law determines the legal status of special citizenship of the Republic of Armenia, the grounds and procedure for its provision, the scope of rights, guarantees and obligations of a person holding special citizenship of the Republic of Armenia, the grounds for refusal, termination and loss of such status.
2. Special citizenship of the Republic of Armenia is not citizenship, but creates a special public legal connection of a person with the Republic of Armenia, providing an increased level of legal protection and integration.
Article 2. Basic concepts
1) special citizenship of the Republic of Armenia - a special protected status of a person’s long-term connection with the Republic of Armenia;
2) passport of special citizenship - a document identifying the identity and status of a person having a special citizenship of the Republic of Armenia, and being his travel document in cases and within the limits permitted by international law and the law of the state of destination;
3) authorized body - a government body determined by the Government of the Republic of Armenia to receive and preliminary consider applications.
Article 3. Grounds for granting status
1. The right to submit an application for granting special citizenship has a foreign citizen or stateless person who:
1) has reached the age of eighteen;
2) legally resided in the Republic of Armenia for at least 183 days during the twelve months immediately preceding the filing of the application;
3) has a stable actual connection with the Republic of Armenia, confirmed by one or more of the following circumstances:
a) labor activity, entrepreneurship, professional or scientific activity in the Republic of Armenia;
b) family ties with persons legally residing in the Republic of Armenia;
c) training, cultural, expert, social or charitable activities;
d) the presence of humanitarian vulnerability associated with the inability to safely maintain documentary and legal communication with the state of origin;
4) has living quarters and means of subsistence or confirmed security;
5) signs an obligation to comply with the Constitution and laws of the Republic of Armenia.
Article 4. Duration of status
1. Special citizenship of the Republic of Armenia is granted for a period of five years.
2. The specified status may be extended for subsequent five-year periods if the person’s actual connection with the Republic of Armenia remains and there are no grounds for refusal or termination.
Article 5. Competent authorities and decision-making
1. The application is submitted in person to the authorized body.
2. The authorized body checks the submitted documents, forms a conclusion and makes a submission on the grant or refusal to grant special citizenship.
3. The decision to grant special citizenship is made by the Prime Minister of the Republic of Armenia, unless a different procedure is established by law.
Chapter 2. Rights, guarantees and restrictions
Article 6. Scope of rights
1. A person who has a special citizenship of the Republic of Armenia has the right:
1) live freely in the Republic of Armenia;
2) enter the Republic of Armenia without obtaining an entry visa and are guaranteed to return to the Republic of Armenia;
3) carry out labor and entrepreneurial activities without a separate work permit;
4) open bank accounts, use financial services, enter into transactions, acquire property and exercise other civil legal capacity under conditions no less favorable than for persons permanently residing in the Republic of Armenia;
5) use the education system, health care and social services to the extent determined by the laws of the Republic of Armenia;
6) receive a passport of special citizenship;
7) receive protection of the Republic of Armenia within the limits of international law;
8) apply for acquisition of citizenship of the Republic of Armenia in the manner prescribed by law.
2. A person who has a special citizenship of the Republic of Armenia is under the protection of the laws of the Republic of Armenia and bears the responsibilities established by the laws of the Republic of Armenia for persons permanently and legally residing in the territory of the Republic of Armenia, unless otherwise established by law.
Article 7. Restrictions
1. A person who has a special citizenship of the Republic of Armenia does not have the right to vote, be elected and participate in a referendum.
2. A person who has a special citizenship of the Republic of Armenia cannot hold public service positions for which the Constitution or law requires citizenship of the Republic of Armenia.
3. The issue of participation of a person with a special citizenship of the Republic of Armenia in political parties is regulated by the Constitution of the Republic of Armenia and the law.
4. A person who has a special citizenship of the Republic of Armenia is not subject to compulsory military service, unless otherwise expressly established by law.
Article 8. Passport of special citizenship
1. A person who has a special citizenship of the Republic of Armenia is issued a passport of a special citizenship.
2. The specified document confirms the identity and status of a person on the territory of the Republic of Armenia and is used for international travel in cases where this is permitted by international law and the law of the destination state.
3. The Republic of Armenia guarantees the acceptance of such a document for entry into the Republic of Armenia.
Article 9. Family reunification
The spouse, minor children, as well as other family members, in cases established by the Government of the Republic of Armenia, have the right to receive a derivative status of residence in a simplified manner.
Article 10. Path to citizenship
1. The time of legal residence of a person in the Republic of Armenia before receiving special citizenship and the time spent in the specified status are counted towards the period of residence required to acquire citizenship of the Republic of Armenia.
2. A person who has a special citizenship of the Republic of Armenia has the right to submit an application for acquiring citizenship of the Republic of Armenia in a simplified manner after achieving a total three-year period of legal residence in the Republic of Armenia, if he can speak the Armenian language and is familiar with the Constitution of the Republic of Armenia.
Chapter 3. Refusal, termination, appeal
Article 11. Grounds for refusal
Granting special citizenship of the Republic of Armenia may be denied if:
1) false information or forged documents have been submitted;
2) the person was expelled from the Republic of Armenia or deprived of residence status and less than three years have passed from the date the decision entered into force;
3) the person has an unexpunged or outstanding conviction for a serious or especially serious crime;
4) there is reliable information about the activities of a person directed against state security, the constitutional order, territorial integrity or public safety of the Republic of Armenia;
5) there is reliable evidence of involvement in terrorism, human trafficking, violent extremism or other particularly dangerous transnational criminal activity.
Article 12. Termination of status
1. Special citizenship of the Republic of Armenia shall cease:
1) at the request of the person;
2) when acquiring citizenship of the Republic of Armenia;
3) when establishing the fact of obtaining status on the basis of false information or forged documents;
4) when grounds arise or are identified, provided for in paragraphs 3–5 of Article 11 of this Law;
5) in case of permanent loss of the person’s actual connection with the Republic of Armenia, if this is directly established in the manner determined by the Government of the Republic of Armenia.
2. The decision to terminate the status must be motivated and subject to judicial appeal.
Article 13. Judicial appeal
Refusal to grant special citizenship of the Republic of Armenia, refusal to extend status and decision to terminate status may be appealed in court.
Chapter 4. Impersonation Protection and Related Changes
Article 14. Prohibition of extradition
1. A person who has a special citizenship of the Republic of Armenia cannot be extradited to a foreign state.
2. In cases where extradition of a person is impossible, the competent authorities of the Republic of Armenia consider the issue of domestic criminal prosecution, transfer of criminal proceedings or other forms of international legal cooperation in the manner prescribed by law.
Article 15. Amendments to the Law of the Republic of Armenia “On Foreigners”
1. Supplement the Law of the Republic of Armenia “On Foreigners” with a new chapter regulating the special citizenship of the Republic of Armenia.
2. Clarify the list of statuses, providing, along with temporary, permanent and special residence, also the status of special citizenship.
3. Provide for the application of general guarantees, registration procedures, documentation and interdepartmental data exchange to persons with special citizenship, unless otherwise provided by this Law.
Article 16. Entry into force
This Law comes into force simultaneously with the entry into force of amendments to the Constitution of the Republic of Armenia providing for the special citizenship of the Republic of Armenia.
Explanatory note
Why this is a convenient backup model
Special citizenship is politically simpler: it does not immediately require an overhaul of the entire idea of citizenship, but solves the practical problem of a secure long-term presence. This model is particularly useful in negotiations with those state actors who are willing to expand rights and protections but are currently wary of the term “temporary citizenship.”
Why should the status be citizen-like?
Making the new status too similar to the usual type of residence will not solve the original problem of vulnerability. Therefore, the package offers precisely an enhanced status, where the central features are the right of long-term return, a high degree of administrative security, a status document and a clear path to citizenship.
Why it is important not to confuse it with political rights
The meaning of status is security and integration, not redistribution of political sovereignty. Therefore, the package deliberately does not include voting rights and does not try to replace full citizenship where we are talking about democracy and the formation of government bodies.