CHARTER

 MINISTRY OF NATURE PROTECTION OF THE REPUBLIC OF ARMENIA
I. GENERAL PROVISIONS
 
1. The Ministry of the Natural Protection of the Republic of Armenia (hereinafter the Ministry) is the state body of executive power which develops and implements state policy in the fields  of environmental protection and rational use of natural resources in the Republic of Armenia.
2. The Ministry is created, reorganized and its activities are stopped by the decree of the President of the Republic of Armenia.
3. The authorities of the Ministry have been established by the laws, by decrees and orders of the President of the Republic of Armenia and by decisions of the Government of the Republic of Armenia as well as by international agreements of the Republic of Armenia.
4. The Ministry implements its activity according to the legislation and other legal acts of the Republic of Armenia.
5. The Ministry has a round seal with blazon of the Republic of Armenia and with the Ministry’s title in Armenian, Russian and English languages, blanks, symbol and other means of identification.
6. The Ministry consists of the Minister and the Staff of the Ministry. Non-profit organizations and institutions subordinated by the Ministry are included in the system of the Ministry.
7. Aims and objectives of the Ministry:
a) To develop and manage state policy of prevention or reduction of harmful impacts on environment of the Republic of Armenia including atmosphere, water, land, natural resources, flora and fauna, protected areas, as well as a rational use and rehabilitation of natural resources.
b) To prevent or reduce harmful impacts on environment: atmosphere, water, land, flora and fauna and protected areas, as well as state management of protection of protected areas and rational use and reproduction of natural resources (except mineral reserves).
c) To control assurance towards the requirements of environmental legislation of the Republic of Armenia.
d) To develop state order and installation in the sphere of environment.
e) To provide conditions for environmentally secure management of wastes and hazardous chemical substances produced and used in the area of the Republic of Armenia.
f) To provide maintenance of joint informative national funds, cadastres and registries of environment and natural resources (except mineral resources).
g) To ensure the provision of licenses, permits and consents in the sphere of environment.
h) To ensure state expertise of impact on environment.
i) To ensure safety of biodiversity from alien plant and animal species and living modified organisms.
j) To provide regular and special observations of the environmental conditions.
k) To provide  joint policy on ecological science, education and awareness.
 
II. FUNCTIONS OF THE MINISTRY OF NATURE PROTECTION OF THE REPUBLIC OF ARMENIA
 
8. For the implementation of its goals and objectives the Ministry of Nature Protection of RA (herewith Ministry) performs the following functions according to the legislation of the Republic of Armenia:
a) In the framework of its competency defined by the legislation of the Republic of Armenia, development of public policies and strategies for rational use and reproduction of the environment of Armenia including lithosphere, land, water, atmosphere, flora and fauna, as well as specially protected areas and conservation of natural resources (except mineral reserves), and the monitoring of their implementation.
b) Development of the environment-related sectors of social-economic programs of Republic of Armenia. 
c) Development of the environment-related legislation, standards and technical regulations.
d) Providing comments and suggestions on legal acts developed by the other agencies and represented to the Ministry for reconciliation.
e) Development of economic mechanisms including rates for environmental and utilization fees for protection of environment and rational use and restoration of natural resources (except mineral reserves). 
f) Development of methods for calculating the damages caused to the state and the damage calculation in the result of violation of the norms and regulations defined by the legislation of RA. 
g) Development of main directions of the strategy on ecological science, education and awareness together with the authorized body for the education and science sector.
h) Development of state programs and formation of state order in the field of management of natural resources (except mineral reserves) and environmental protection. 
i) Development of regulations for implementation of state monitoring of the environmental situation, including waste disposal sites. 
j) Formation of state order for implementation of special and regime monitoring, researches and forecasts for environmental situation, including fulfillment of international obligations.
ja) Development of standards for monitoring and researches on environmental situation and revelation of negative impact and its sources on the environment.
jb) Investment of administrative statistical reports (questionnaires, references, etc.) and maintenance of administrative statistical registries based on collected data and information defined by the legislation and other legal acts.
jc) Creation of cadastres and registries of natural resources (except mineral reserves) and procedures for their maintenance.
jd) Providing with professional conclusions in the framework of environmental impact state expertise.
je) Definition of procedures for maintenance of red books on plant and animal species of the Republic of Armenia.
jf) Development of national water policy and monitoring of its implementation of the Republic of Armenia.
jg) According to the national water program definition of water resources limited permissible concentration and   minimum ecological exits and confirmation of qualitative and quantitative criteria of wastewater permissible limited outflows.
jh) State accounting and  definition of quantity of emissions of harmful substances in the atmosphere.
ji) Providing with suggestions and opinion on the draft project of land balance of the Republic of Armenia according to its jurisdiction.
k) Providing with expertise conclusions on “Security certificates” projects of hazardous industrial facilities.
ka) Classification of produced and used chemicals in the  area of the Republic of Armenia, arising industrial and consumption wastes according to degree of hazard.
kb) State accounting of wastes,  creation of state cadastre, facilities of processing and utilization of wastes and disposal sites, definition of maintenance procedures.
kc) Implementation of information policy of Ministry and organization of public relations.
kd) Participation in the development of international treaties of the Republic of Armenia, ensuring the implementation of international obligations of the Republic of Armenia in the field of environment, development and signing of interagency agreements, defined by law.
ke) Development of draft projects of international programs in the  field of environment and review and providing with opinion on draft projects of international programs presented to the Ministry.
kf) Discussion of suggestions, applications, complaints of citizens, and respond to them.
kg) Assessment of regulatory impact of draft projects of normative legal acts in the field of environment and proving with conclusions on the regulatory impact assessment. 
kh) Implementation of jurisdiction defined by the articles number 59, 60, 61, 62, 65 of the “VII. Environmental Protection” division of the law of the Republic of Armenia on “Proving underground resources for research and mining with the purpose of exploitation of fossil (concession)”. 
l) Implementation of other functions set by legislation of the Republic of Armenia.
 
III. THE MANAGEMENT OF THE MINISTRY
 
9. The Ministry is managed by Minister, who is appointed and dismissed by the President of the Republic of Armenia by the recommendation of the Prime Minister of the Republic of Armenia. The Minister has Deputies who are appointed and dismissed by the Prime Minister of the Republic of Armenia, consulting with the Minister.
The actions of the Minister are 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,  
10. The Minister implements the functions and issues which relate to the Ministry and he is responsible for the development and execution of the politics in the authorized fields, the provision of the current situation and perspective development.
11. The Minister is accountable to the President of the Republic of Armenia, the Government of the Republic of Armenia and the Prime Minister of the Republic of Armenia.
12. The Minister.
a) Accepts administrative legal acts in the scopes of its authorization as it is envisaged by the Legislation of the Republic of Armenia.
b) Manages the current activity of the Ministry, he is responsible for the issues and functions which the ministry has.
c) Submits suggestions to the Government of the Republic of Armenia in compliance with the Law, the activity of the fields envisaged by this Charter, aims and issues.
d) Gives orders and instructions in the scope of his authority, appears on behalf of the Republic of Armenia or the Ministry of the Republic of Armenia without any power of attorneys, as well as issues power of attorneys which give possibility to appear on behalf of the Republic of Armenia or the Ministry of the Republic of Armenia.
e) Make appointments in the positions of Civil Service of the Ministry, as it is envisaged by the procedure and the law as well as applies incentives and disciplinary penalty measures toward them.
f)  Appoints and dismisses his counselors, press secretary and assistants.
g)   Submits suggestion about one of the participant who win in the competition for the vacancy of Head of Staff of the Ministry to the Government of the Republic of Armenia within three days as it is envisaged by the law.
h) Defines the scopes of the authorization of structural divisions of the staff of the Ministry, as it is envisaged by the law and this Charter.
i) Defines the distribution of the work between his deputies.
j) Terminates the orders, instructions, orders, executive orders and guidelines in contradiction to the legislation of the Republic of Armenia, which are managed by the managers of state non trade organizations, managers of separated divisions of the staff of the Ministry, the Head of Staff of the Ministry in the scopes of his authorization as it is envisaged by the law and this Charter.
ja) Examines and submits the annual reports and annual balance on the activity of the staff of the Ministry to the Government of the Republic of Armenia for approval, examines the results on checking of their activity, establishes the estimate of the maintenance of annual expenses of the staff of the Ministry, its performance and reliability of financial reporting audit results.
jb) Controls the maintenance and alienation  of state property which is attached or used by the staff of the Ministry.
jc) Submits the Charter of the Ministry and the structure of staff to the Government of the Republic of Armenia for approval.
jd) Submits the number of workers to the Prime Minister of the Republic of Armenia for approval.
je) Grants Civil Service titles of the Republic of Armenia as it is envisaged by the law.
jf) Grants class degrees in the cases envisaged by the legislation of the Republic of Armenia.
jh) Creates Committees, Consulting Bodies and Working groups.
jh1) Approves the list of staff of the Ministry.
ji) Executes other authorizations envisaged by the law, other legal acts and this Charter.
(the 2-nd paragraph was repealed on 18.05.06 N 651 - N)
(Paragraph 12 is amended on 18.05.06 N 651 added on 01.02.07 N 189 - N)
 
13. One of Deputy Ministers executes the obligations of Minister in case of his absence, by his instruction.
14. Deputy Minister”
a) Coordinates the activities of the system of the Ministry in his field. 
b) In the scopes of his authorization, coordinates the implementation of the activities, necessary for the provision of the politics in the respective field by giving instructions and orders to the structural and separated divisions of the staff of the Ministry.
c) In compliance with the issues and aims of the Ministry defines some orders and instructions to the bodies of the system of the Ministry, as well as controls their implementation.
d) By the instruction of Minister fulfills the preliminary discussions of the issues which should be discussed with Minister.
e) Coordinates the activities related to the operative analysis of the current professional studies and works which are executed by the bodies of the system of the Ministry.
f) In the scope of his authorization cooperates with state Management and other Bodies, Organizations and enterprises.
g) In the respective fields coordinates the implementing activities and the development of the respective programs.
h) Periodically, submits information about the current situation of the respective fields to Minister. 
i) Provides the control towards the implementation of instructions and orders of Minister and informs Minister about the results.
j) Submits suggestions on the issues related to their authorization to Minister and Head of Staff.
ja) Implements other functions by the instruction of Minister.
15. Minister has advisers, assistants and press secretary and defines their obligations.
15.1 A board is created under the Ministry for the productive implementation of issues and functions of the Ministry. The board:
1) Supports the activities of strategic planning, decision making, action planning processes.
2) Contributes to strategic projects, evaluation and participation of civil society in these processes.
3) Develops and submits suggestions directed to increase productivity of the management of the Ministry.
(15:1 paragraph was added on 18.12.08 N 1521 - N)
 
 
IV. THE STAFF OF THE MINISTRY

 16. The aim and the issue of the staff of the Ministry is to provide the participation of the Ministry in civil legal relationships and complete productive implementation of authorizations which are envisaged by this Charter, laws and other legal acts.
17. The staff of the Ministry is a state governmental enterprise which does not have the status of the legal entity, which is subject to registration by the bodies who implements the registration of the legal entity as it is envisaged by the legislation of the Republic of Armenia.
18. The staff of the Ministry acts on basis of the Civil Code of the Republic of Armenia, the law on state governmental enterprises of the Republic of Armenia, other laws and legal acts, the International Treaties and this Charter.
19. The staff of the Ministry can acquire and exercise property and personal non-property rights, bear responsibilities, and act as plaintiff or defendant in the court on behalf of the Republic of Armenia in the scope of its authorization.
20. The staff of the Ministry has a round seal with the emblem of the Republic of Armenia and its title in Armenian language, blanks, symbol and other means of identification.
21. The staff of the Ministry has its own balance sheet.
22. The staff of the Ministry cannot execute entrepreneurial activities. State duty may be charged only for the services and functions which have been implemented by the staff of the Ministry, as it is envisaged by the law.
23. The staff of the Ministry implements its financial functions with the help of treasury system. The purchases for the maintenance of the needs of the staff of the Ministry are executed in the scopes of the budgetary programs which are under the authorization of the Ministry, as it is envisaged by the “Law about Purchasesե of the Republic of Armenia. 
24. The Republic of Armenia assumes responsibilities for the obligations of the staff of the Ministry.
25. The name of the staff of the Ministry is the staff of the Ministry of Nature Protection of the Republic of Armenia.
26. The factual resident of the staff of the Ministry is 3rd Governmental Building, Republic Square, Yerevan city, Republic of Armenia.
(The point 26 was edited on 02.12.04 N 1682-N)
 
 
V. THE PROPERTY OF THE STAFF OF THE MINISTRY
 
27. The property of the staff of the Ministry is formed by the Government of the Republic of Armenia as it is envisaged by the law of the Republic of Armenia, as well as from the properties acquired by the signed deals on behalf of the Republic of Armenia and given to use and possession of the staff of the Ministry which is registered in its balance sheet. By the decision of the Government of the Republic of Armenia the authorization of the possession of state shares or stocks may also be given to the staff of the Ministry.
28. The Government of the Republic of Armenia enjoys the right to take the property of the staff of the Ministry any time.
29. The staff of the Ministry enjoys the right to use, master and dispose the property which have been taken by the Government of the Republic of Armenia in compliance with the aim of the usage and the meaning of the property as it is envisaged by the law, other legal acts and this Charter.
 
 
VI. THE STRUCTURE OF THE STAFF OF THE MINISTRY
 
30. The respective structural divisions /departments, divisions, Secretariat/ and separated divisions, such as agencies, inspectorates are included in the structure of the staff of the Ministry.
31. The charters of structural divisions of the staff of the Ministry are established by Minister.
32. The charters of the separated divisions of the staff of the Ministry, which are submitted by Minister, are established by the Government of the Republic of Armenia.
33. The separated division of the staff of the Ministry is a body, which applies the means of  responsibility and control functions and services which are envisaged by the law of the Republic of Armenia, in separate cases also by legislation of the Republic of Armenia.
34. The separated division of the staff of the Ministry also implements separate functions of the staff of the Ministry or a part of it, and appears on behalf of the Republic of Armenia.
35. The separate division enjoys the right to acquire and implement property and non-property rights, bear responsibilities, to act as a plaintiff or defendant in the court on behalf of the Republic of Armenia.
36. The separated division of the staff of the Ministry has a round seal with the emblem of the Republic of Armenia and its title in Armenian language, symbol or other means of identification.
 
VII. MANAGEMENT OF THE STAFF OF THE MINISTRY
 
37. The Government of the Republic of Armenia and Minister implements the management of the staff of the Ministry in the scopes of the authorizations envisaged by this Charter.
The Head of staff of the Ministry manages the staff of the Ministry, who is appointed and dismissed by the Government of the Republic of Armenia.
38. The Government of the Republic of Armenia:
a) Reorganizes and terminates the activity of the staff of the Ministry.
b) Establishes the charter of the staff of the Ministry and the changes in it.
c) Determines the composition and the amount of the staff of the Ministry.
d) Establishes the structure of the staff of the Ministry.
e) Implements other authorizations, as it is envisaged by the Constitution of the Republic of Armenia and the laws.
39. The chief of the staff of the Ministry manages the current activity of the staff of the Ministry and assumes responsibilities for the laws, other legal acts, the decisions of Minister and the Government of the Republic of Armenia, non performance or incomplete performance of the demands of this Charter as it is envisaged by the law, other legal acts and this Charter.
40. The Head of staff of the Ministry carries responsibility for the property damage caused to the state by his fault as it is envisaged by the law. The termination of the authorizations of the Head of staff of the Ministry cannot be a basis for non performance of the obligations related to the compensation of the caused damage.
41. The Head of staff of the Ministry is obliged not to perform the instructions, orders, injunctions and decisions of Minister which contradict with the legislation of the Republic of Armenia.
42. In case of impossibility of the performance of the official obligations or in case of the absence of the Head of staff of the Ministry, he is replaced by one of his deputies by the order of Minister.
43.  The Head of staff of the Ministry:
a) Appears on behalf of the Republic of Armenia without power of attorney in the scopes of his authorization and presents his interests, appears as a plaintiff or defendant in the court in the scopes of his authorizations, issues power of attorneys to lead the case and implements other procedural actions.
b) Manages the state property attached to the enterprise, including the financial means as it is envisaged by the procedure of this Charter and founder, the law and other legal acts.
c) In the scopes of his authorization gives power of attorneys, including power of attorneys with the right of re-authorization to appear on behalf of the Republic of Armenia. 
d) Appoints and dismisses the employees of the staff of the Ministry in the scopes of his authorizations envisaged by this Charter and the law, as well as applies encouragement and disciplinary penalty measures toward them.
e)  Grants class degrees of civil services of the Republic of Armenia as it is envisaged by the procedure and the law.
f) Gives orders, obligatory instructions on the implementation in the scopes of his authorization as it is envisaged by this Charter, the law and the other legal acts.
g)  Submits the annual reports and the annual balance sheets of the staff of the Ministry, in order to be established by Minister, as well as operates the accounting of the staff of the Ministry, preparation and presentation of financial statements, the  annual estimate of the expenses of the maintenance of the staff of the Ministry, it performance, annual financial reports and annual balance sheet are submitted by Minister for approval, take measures to eliminate the financial violations which have been revealed during the inspections.
h) Submits suggestions on the basic directions of the activity of the staff of the Ministry to Minister.
i) Organizes the preparation activities of the project of the budget of the Ministry and provides the implementation of the expenses of budget means.
j) Organizes the conduction of discussions and conferences in the Ministry.
ja) Controls the process of the implementation of the activities at the envisaged terms which are made by the staff of the Ministry.
jb) Submits the orders of Minister, as well as instructions which should be signed by Minister.
jc) Provides the cooperation with the staff of the State Governmental Bodies of the  Republic of Armenia.
jd) Organizes the activities related to the technical services and the secretary in the Ministry.
jd1) Provides the implementation of the management of the functions connected with the management of the staff about the civil service in the staff, as it is envisaged by the legislation and other legal acts.
je) Implements other authorizations, as well as the obligations of the chief financier, as it is envisaged by the law, other legal acts and this Charter.
(the point 43  is added on. 01.02.07 N 189-N, 03.09.10 N 1191-N)
44. The chief financier of the staff of the Ministry manages the financial and accounting services of the staff of the Ministry, acts under immediate supervision of Minister and executes the authorizations which are given to him by the law of the law of the Republic of Armenia on «Treasury Systemե.
(the point 44 was amended on 03.09.10 N 1191-N)
45. The chief financier of the staff of the Ministry is responsible for accounting, as well as for the composition of finance, budget, taxation, statistics, mandatory fees reports of the staff of the Ministry.
 
 
VIII. ACCOUNTING AND REPORTS
 
 46. The staff of the Ministry leads accounting as it is envisaged by the legislation of the Republic of Armenia and submits financial, taxation, customs, administrative and statistic reports of obligatory fees, calculations and declarations to the respective bodies.
47. Reliability of the annual financial statements on the activity of the staff of the Ministry may be subject to rechecking (audit) as it is envisaged by the procedure of the Government of the Republic of Armenia.
 
 
IX. REORGANIZATION AND TERMINATION OF THE ACTIONS OF THE STAFF OF THE MINISTRY
 
48. The conditions and the procedure of the termination of its activities and the reorganization of the stuff of the Ministry are defined by the law.