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CODE OF CIVIL PROCEDURE OF THE REPUBLIC OF ARMENIA

of February 27, 2018 No. ZR-110

(as amended on 11-06-2020)

Accepted by National Assembly of the Republic of Armenia on February 9, 2018

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. Code field of activity

1. This Code establishes procedure of civil administration of justice in court of law of the first instance of the Republic of Armenia (further - Trial Court), Appeal civil court of the Republic of Armenia (further - Appeal Court) both Civil and administrative chamber of Court of cassation of the Republic of Armenia (further - Court of cassation).

2. The rules established by this Code are applicable concerning conducting case on bankruptcy by court on cases on bankruptcy of the Republic of Armenia (further - court on cases on bankruptcy) and considerations of separate civil cases in its framework if other is not provided by the Law of the Republic of Armenia "About bankruptcy".

2.1. The rules established by this code are applicable for hearing of cases on confiscation of the property having illegal origin and also to making of separate legal proceedings before initiation of proceedings if the Law "About Confiscation of the Property Having Illegal Origin" does not provide other.

3. Civil legal proceedings are performed under the law existing at the time of consideration of the case or making of separate legal proceeding.

Article 2. Standing in court and capacity to act

1. Capability have procedural law and perform procedural duties is recognized equally for all physical persons and legal entities (standing in court).

2. The Republic of Armenia and municipalities in the relations regulated by this Code act on an equal basis with physical persons and legal entities.

3. The provisions established by this Code for legal entities concern also organizations if they according to the law participate in disputable legal relationship on its own behalf.

4. Physical persons and legal entities are allocated with capability to perform the actions the procedural law and to fulfill duties (procedural capacity to act).

5. Procedural capacity to act for legal entities arises from the moment of state registration, and for organizations - creations.

6. Procedural capacity to act for physical persons arises from the moment of acquisition of full legal capacity according to the procedure, provided by the Civil code of the Republic of Armenia.

7. The rights and legitimate interests of minors, persons recognized as incapacitated or it is limited capable, in court their parents (adoptive parents), guardians or custodians respectively represent.

8. In the cases provided by the law the minors, citizens recognized as incapacitated or it is limited by capable, can represent the interests in court independently. In the cases provided by the law in proceedings on the reference they have right to be listened on the questions connected with their interests.

9. Imperfect, persons recognized as incapacitated or it is limited by capable, can take a legal action independently only in the cases provided by this Law.

Article 3. Right to appeal to the court

1. Each person has the right to take a legal action according to the procedure, established by this Code, for protection of the rights and legitimate interests provided by the Constitution, the laws and other legal acts.

2. In the cases provided by the law persons having such right or power under the law have the right to take a legal action for protection of the rights and legitimate interests of other persons.

3. In cases when the law or the agreement provide extrajudicial procedure for settling of existing dispute between the parties before appeal to the court, the dispute can be submitted Trial Court in thirty calendar days after day of carrying out the actions provided by the law or the agreement, directed to its permission extrajudicially if the law or the agreement do not provide other procedure or term.

Article 4. The right applied by court by consideration of civil cases

1. In case of lack of the substantive law or other legal act governing the disputable relations, the court applies the provisions of the law, governing the similar relations (analogy of the law). In the absence of such regulations the court resolves dispute, proceeding from the general principles of the right (analogy is right). Procedural rules by analogy of the law are not applied.

2. The court in the cases provided by the law applies business customs. Obligation prove availability of the business custom which is subject to application it is assigned to the person referring to it participating in case.

3. The court according to the Constitution, the international treaty ratified by the Republic of Armenia, or the law can apply rules of law of other states also.

4. The court in need of application of foreign law establishes existence and content of its regulations according to practice of their interpretation and application in foreign state.

5. The court has the right to demand from the parties of reasons for the purpose of establishment of existence and content of regulations of foreign law.

6. In case of lack of regulations of foreign law the court applies the relevant standards of the right of the Republic of Armenia.

7. The court concerning constitutionality of the regulatory legal act which is subject to application on the case which is in its production appeals to the Constitutional court if there is thorough suspicion of its constitutionality, and it finds that the solution of this case is possible only by application of this regulatory legal act.

Article 5. Court resolutions on civil cases and their obligation

1. On civil cases the court adopts final and intermediate court resolutions.

2. Final court resolutions are:

1) taken out by Trial Court:

and. the sentence and the order on payment which took legal effect and received sentence force;

. the decisions made as a result of consideration of the applications on suit abatement, leaving of the claim or the statement without consideration, recognition of the award of arbitration, the conciliator of financial system invalid, issue of writ of execution on forced execution of the decision of Arbitration Court, the conciliator of financial system, recognition and forced execution of sentence of foreign arbitration, recognition and permission of execution of foreign court resolution, recovery of the missed term of submission of the writ of execution on execution, delay or extension of the deadline for executing, changes of method and procedure for execution of the court ruling, making of turn of execution of the court ruling;

2) the decisions made by Appeal Court by results of the complaint made against final court resolutions of Trial Court and also on petition for appeal variation, the termination of appeal production;

3) the decisions made by Court of cassation by results of the complaint made against final court resolutions of Appeal Court and also leaving of the writ of appeal without consideration, refusal in adoption of the writ of appeal to production, the termination of cassation production.

3. Intermediate court resolutions are the decisions which are not specified in part 2 of this Article which are accepted in the form of the separate act or the legal decision.

4. The legal decision is the oral decision made during judicial session.

5. The court resolution which took legal effect, and also judicial requirements are obligatory to execution for their addressees and are subject to execution in all territory of the Republic of Armenia.

6. The court final court resolution can establish the rights and obligations only for persons participating in case.

7. Non-execution of court resolution and requirements of court attracts the responsibility provided by the law.

8. Recognition and execution of court resolutions of foreign vessels and arbitration in the territory of the Republic of Armenia is performed according to the procedure, established international to agreements of the Republic of Armenia, this Code and other laws.

Article 6. Requirements to court resolution

1. The court resolution shall be legal.

2. The court resolution shall be proved and reasoned if other is not provided by this Code.

Article 7. Legality of court resolution

1. The court resolution is legal if it is accepted with observance of requirements of the Constitution, the constitutional laws, the ratified international treaties of the Republic of Armenia, other laws and sublegislative regulatory legal acts which regulations are applicable by consideration and the solution of this case.

Article 8. Justification of court resolution

1. The court resolution is reasonable if necessary and good actual and legal basis for its acceptance is reflected in it.

Article 9. Argumentativeness of court resolution

1. The court resolution is considered reasoned if are reflected process of judgments of court on process of assessment of proofs in it, confirmations of the facts and application of the right and the conclusions following from them.

2. If other is not established by this Code, then the court shall mention in court resolution about all essential arguments, the adduced legal basis and the produced evidence produced by persons participating in case in procedural documents, oral explanations, answers to questions, except as specified, when the provided arguments or the legal basis are obviously incorrect, or the term of limitation period or any procedural term, and specifying of these arguments is subject to application, the legal basis or proofs is not necessary for acceptance of this court resolution.

3. The court resolution cannot be reasoned by assumptions, except for such assumptions which it is admissible the presumptions enshrined in the law.

4. The court resolution cannot be reasoned by abstract judgments. The court cannot recognize that any person participating in case did not execute obligation of proof of any actual circumstance, without having specified for what reason this actual circumstance cannot be taken for granted by the proofs which are available in case.

5. If during consideration of the case there was dispute in connection with the regulation which is subject to application in court resolution shall be reasoned why this regulation shall be applied.

Article 10. Appeal of court resolutions in appeal or cassation procedure

1. Persons participating in case have the right to review of court resolutions of Trial Court in appeal procedure in the cases and procedure provided by this Code.

2. Persons participating in case have the right to submission of the writ of appeal against court resolutions of Appeal Court in the cases and procedure provided by this code.

3. On new or to newly discovered facts court resolutions are reviewed in the cases and procedure provided by this Code.

4. The person which did not become the participant of case, and also who is not the participant of judicial proceedings can appeal court resolution in the cases and procedure provided by this Code.

Chapter 2. Principles of civil legal proceedings

Article 11. Equality before the law and court

1. Civil administration of justice is performed on the basis of the principle of equality of all persons participating in case before the law and court.

2. The court provides that in proceedings on the reference of person, participating in case, had equal opportunity to represent the line item on each question, except as specified, provided by this Code.

3. Only such proofs according to which for all persons participating in case the equal opportunity is provided can be the basis for court resolution to express line item, except as specified, provided by this Code.

Article 12. Dispositivity

1. The court initiates civil case only based on the action for declaration or the statement.

2. Person participating in case performs the procedural law, disposes of means and methods of judicial protection at discretion in the procedure established by the law.

3. According to the procedure, established by this Code, the claimant (applicant) has the right to abandon fully or partially the claim, to change subject and the basis of the claim or each of them, the defendant has the right fully or partially to accept the requirement of the claimant, the parties can resolve dispute the conciliation agreement, begin process of conciliation with participation of the licensed conciliator or submit case of arbitration.

Article 13. Competition

1. Civil legal proceedings are performed based on the competition of persons participating in case, except as specified, provided by this Code.

2. Court, keeping independence and impartiality, conducts judicial proceedings, in need of the procedure established by this Code, during the investigation explains to persons participating in case, their rights and obligation, warns about effects of making or non-execution of legal proceedings, creates conditions for establishment of the actual facts of the case, comprehensive, complete and objective investigation of proofs.

Article 14. Inadmissibility of abuse of procedural law

1. Participants of judicial proceedings shall have the procedural law and honesty fulfill the procedural duties.

2. Judicial sanctions, lawful to abuse, provided by this Code, or other means of legal impact provided by the law are applied to persons which allowed abuse of procedural law or other opportunities.

Article 15. Ustnost of hearing of cases

1. Hearing of cases in court is performed orally if other procedure for consideration of the case is not provided by this Code.

Article 16. Legal proceedings language

1. In the Republic of Armenia language of civil legal proceedings is Armenian.

2. Persons participating in case submit all procedural documents in Armenian or in other language with proper transfer into Armenian. In case of non-compliance with the specified requirement the court does not consider procedural documents or does not allow, and in the cases provided by this Code returns to persons which provided them.

3. Persons participating in case have the right to appear in court in language, preferable to them, if provide transfer into Armenian.

4. Person participating in case, the expert appointed on its initiative, the specialist or the witness invited according to its petition provides court at the expense of public funds with translation service if the corresponding person does not know Armenian, and person participating in case proves that it has no sufficient means for ensuring paid transfer.

5. Persons with acoustical or speech violations, according to provisions of this Article, are provided with access to case papers, uses of other rights and executions of the obligations established by this Code by means of the signer.

6. For persons with sight violations, according to provisions of this Article, availability of court resolutions is provided with available method.

7. In case of need of provision of services of the translator at the expense of the Republic of Armenia in the cases provided by parts 4-6 of this Article, procedure for appointment of the translator based on the judgment, the size and procedure for remuneration of the translator are established by the Order of the Government.

Article 17. Publicity of judicial proceedings

1. Case in court is considered on proceeding in open court.

2. For the purpose of protection of private life of participants of judicial proceedings, including trade secret, interests of minors or justice, and also state security, public order or morals the court according to the petition of person participating in case or on the initiative can consider case or its part on the closed judicial session.

3. The question of consideration of the case or its part at closed meeting is solved closeness conditions.

4. The court makes the decision on consideration of the case or its part at closed meeting.

5. Consideration of the case on the closed judicial session is performed with observance of the rules established by this Code. In case of consideration of the case or its part at closed meeting the secretary of judicial sessions, persons participating in case, their representatives, bailiffs, and if necessary - also the witness, the expert, the specialist and the translator have the right to be present at closed meeting. Specified persons are warned by person by capture of the signature about nondisclosure of the secret data protected by the law, and on responsibility for their use with violation of established procedure.

6. On the closed judicial session application of means of audiovisual telecommunication is forbidden.

7. The final act of court, and - also other court resolutions are published in the cases provided by this Code or the decision of the Supreme judicial council by means of the official site of judicial communication.

8. In case of consideration of the case or its part at closed meeting on the official site of judicial authority final part of final court resolution is published, except as specified, when it contains the secret protected by the law. The final part of final court resolution containing the secret protected by the law is disclosed at closed meeting.

9. In case of consideration of the case or its part at closed meeting further review of this case in other degrees of jurisdiction is carried out by the judgment closed.

Chapter 3. Jurisdiction and cognizance of cases

Article 18. Jurisdiction of civil cases

1. Civil cases are subject to consideration in Trial Court, except as specified, provided by the Law of the Republic of Armenia "About bankruptcy".

2. All cases connected with dispute on the right, except for the cases referred to competence of administrative court of the Republic of Armenia (further - administrative court) or the Constitutional court are considered civil.

3. Also other cases referred to competence of the courts by this Code and other laws are subject to consideration of court.

Article 19. The dispute resolution by conciliation or its transfer to arbitration

1. In the cases provided by the law, persons participating in case before the end of legal proceedings in Trial Court or considerations of the claim in Appeal Court by mutual consent can begin conciliatory process with participation of the licensed conciliator.

2. The dispute which is subject to arbitration under the law before the end of legal proceedings by Trial Court in the procedure established by the law with the consent of persons participating in case can be submitted arbitration.

3. Arbitration the dispute considered by conciliation cannot be submitted. The arbitration cannot be submitted also dispute on which there is voluntary settlement, and the possibility of the dispute resolution by conciliation on the basis of the agreement is not eliminated. If the parties as a result of conciliation are not reconciled, then restrictions of this part are not applied.

Article 20. Jurisdiction of cases on several requirements interconnected among themselves

1. Case on several requirements interconnected among themselves if one of these requirements is subordinated to Trial Court, and the second - to administrative court, considers that court to which subordinated main requirement.

2. The basic is that requirement, the satisfaction or variation of which determines permission of derivative requirements from it.

Article 21. General territorial cognizance of civil cases

1. Claim is submitted to Trial Court in the place of accounting (stay) of the defendant, and in case of absence at the citizen of the place of accounting - to the last known residence if other is not established by this Code or international treaties of the Republic of Armenia.

Article 22. Territorial cognizance of civil cases at the choice of the claimant

1. The claim against several defendants in the choice of the claimant can be brought into Trial Court in the place of accounting (stay) of one of defendants, and in case of lack of the place of accounting - at the place of residence.

2. Against the defendant who is not taking place of accounting and which last residence is unknown the claim it can be filed a lawsuit in the location of its property.

3. The claim following from the agreement containing direct specifying about the place of accomplishment can be submitted to Trial Court in the place of agreement performance.

4. The recovery suit of the alimony or determination of paternity can be submitted to Trial Court in the place of accounting or the claimant's residence.

5. The claim for compensation of the damage caused to health, honor, advantage, goodwill or loss of the supporter can be submitted to Trial Court in the place of accounting (stay) of the claimant or to court in the place of damnification.

6. The claim for compensation of the damage caused to real estate can be submitted to Trial Court in the place of damnification.

7. The action of rescission of scrap can be submitted to Trial Court in the place of accounting or the claimant's residence if the defendant in the procedure established by the law is acknowledged is unknown absent or incapacitated, is under arrest or is sentenced to the punishment connected with imprisonment and also in cases when the minor child is at the claimant.

8. The claim against the legal entity following from activities of its representation or branch can be submitted to Trial Court in the location of the relevant representation or branch.

9. Claim for removal of arrest from personal estate at the choice of the claimant can be submitted to Trial Court in the place of its accounting (stay) or residence or in the location of its property.

Article 23. Contractual cognizance

1. The cognizance established by Articles 21 and 22 of this Code can be changed in the written consent of the parties before submission of the action for declaration in Trial Court.

Article 24. Exclusive territorial cognizance

1. The claim for elimination of violations of the rights which are not connected with recognition of the property right to the parcels of land, buildings, structures, the requirement of return from the illegal order by other person of the parcels of land, buildings, structures, deprivation of the order of the owner or other legal manager moves in Trial Court in the location of the parcel of land, the building, structure.

2. Claim about removals of arrest from real estate is submitted to Trial Court in the location of real estate.

3. Claim of the claimant of the testator is submitted to Trial Court in the place of accounting (stay) or residence of the heir or executor, and in the absence of specified persons - in the place of opening of inheritance.

4. The claim for the requirements having at the same time exclusive and other territorial cognizance moves in the Trial Court established by this Article.

Article 25. Case referral from one court in other court

1. The court shall consider the case accepted to its production with observance of rules of territorial cognizance, in essence, even if further it became cognizable to other court.

2. The court submits case of other court if when considering the case it became clear that it was accepted to production with abuse of regulations, stipulated in Clause the 24 or 238 of this Code.

3. The court submits case of court on cases on bankruptcy if when considering the case it became clear that it is subject to consideration by court on cases on bankruptcy.

4. The case accepted to production with abuse of regulations, stipulated in Clause 21 or 22 of this Code is submitted to other court if the defendant before decision making about distribution of obligation of the proof objects to consideration of the case in this court.

5. The decision is made on case referral for consideration of other court.

Article 26. Disputes on cognizance and jurisdiction

1. The court which received case on territorial cognizance or on jurisdiction in seven-day time makes the decision on acceptance it to production or departure to the chairman of Court of cassation if he does not agree with territorial cognizance or jurisdiction of case.

2. The chairman of Court of cassation in five-day time determines cognizance, jurisdiction put.

3. The court determined by the chairman of Court of cassation is considered competent court.

4. The procedure established by this Article is applied by also administrative court or court on bankruptcy, respectively, to the readdressed action for declaration or the submitted case.

Chapter 4. Structure of court

Article 27. Individual and joint hearing of cases

1. In Trial Court cases are considered by the judge solely.

2. By individual hearing of cases the judge acts as court.

3. The Appeal Court considers the petitions for appeal made against final court resolutions of Trial Court and the decision on them and also on the questions provided by Articles 384 and 385 of this Code accepts jointly, as a part of three judges.

4. The petitions for appeal made against the final court resolutions adopted according to the procedure of the simplified production, orders on payment and intermediate court resolutions of Trial Court are considered and decisions on them are made solely, except for claims against the decisions made in connection with confirmation of requirements of the claimants provided by the Law of the Republic of Armenia "About bankruptcy" which the Appeal Court considers jointly, as a part of three judges.

5. Consideration of the case in Trial Court, and in Appeal Court - consideration of the claim is conducted in invariable structure of court, except as specified, provided by this Code. In case of change of structure or change in structure of court the decision on acceptance of case (petition for appeal) to production is made, and consideration of the case (petition for appeal) is started anew.

6. Question of adoption of the writ of appeal to production in Court of cassation, and also the writ of appeal are considered by the majority from total number of judges of civil and administrative chambers of Court of cassation.

7. In joint structure decisions are made by a majority vote from total number of judges of judicial structure, and in Court of cassation - by a majority vote from total number of judges of civil and administrative chambers of Court of cassation.

8. During joint consideration of the case the judge has no right to abstain from vote.

9. About availability of special opinion at the judge who is not agreeing with opinion of the majority specifying is brought in court resolution behind its signature. The special opinion signed by the judge who provided it is applied to court resolution.

10. The special opinion can concern both motivation, and final part of court resolution.

11. The special opinion is disclosed together with court resolution.

Chapter 5. Rejection and branch

Article 28. Statement of branch to the judge and rejection of the judge

1. Branch can be declared to the judge, or the judge on own initiative shall declare the rejection on the bases established by the Constitutional law "Judicial Code of the Republic of Armenia".

Article 29. Procedure for representation and solution of rejection and branch

1. In Trial Court the judge can declare rejection, or branch before the end of preliminary judicial session, and in appeal and Cassation courts - prior to consideration of the claim can be declared to it. If case in the cases provided by this Code is considered without convocation of preliminary judicial session, the judge can declare rejection, or rejection before the end of consideration of the case can be declared to it.

2. After the end of preliminary judicial session or before the termination judicial trial rejection or branch can be declared if the declaring his face proves that the basis for rejection or branch arose or he knew after the end of preliminary judicial session and it could not be known before.

3. After the beginning of consideration of the claim in appeal or Court of cassation before the end of consideration of the claim rejection or branch can be declared if the declaring his face proves that the basis for rejection or branch arose or he knew after the beginning of consideration of the claim and it could not be known before.

4. Branch is declared in writing, the proofs confirming the bases for rejection of the judge can be attached to it.

5. The branch declared on the same basis is not subject to consideration if the new evidence proving the basis for branch was not produced.

6. The question of rejection or branch is solved by the judge. If case is considered in the joint list of judges, and branch was declared to one or judges or more than to one of judges or all judicial structure, then each judge resolves issue of the branch declared to it.

7. In case of the statement of rejection or branch consideration of the case is interrupted to the solution of this question. The meeting can be delayed no more than for three days.

8. The judge by results of consideration of question of rejection or branch makes the decision in which the bases for rejection or branch are stated. The decision is announced during judicial session. Right after announcement the decision is transferred or goes to persons participating in case.

9. In case of the statement of rejection or satisfaction of branch the taken-away judge is replaced, and consideration of the case is started anew.

10. The judge shall open to the parties of the basis for rejection which are subject to recording. With belief about impartiality on this case the judge can address the parties, having suggested to consider question of ignoring of rejection in its absence. If the parties in the absence of the judge make the decision on ignoring of rejection of the judge, then after entering of this decision in the protocol the judge performs consideration of the case.

Chapter 6. Participants of civil legal proceedings

Article 30. Participants of legal proceedings

1. Participants of civil legal proceedings (further - participants of legal proceedings) are:

1) persons participating in case, their representatives;

2) witness;

3) expert;

4) specialist;

5) translator;

6) competent persons and bodies in the cases provided by the law.

Article 31. The list of persons participating in case

1. Persons participating in case are:

1) parties;

2) third parties;

3) the applicants and other persons interested in the result of consideration of the case on the cases provided by this Code and other laws.

Article 32. The rights and obligations of persons participating in case

1. Persons participating in case with observance of this Code and other laws, have the right:

1) to get acquainted with case papers, to receive their copies, to take excerpts, the picture, photocopies and copies from case papers;

2) to declare branch;

3) to produce the evidence and to participate in their research;

4) to ask questions to participants of legal proceedings;

5) to declare petitions, to give evidences to court;

6) to represent the arguments and line item on all questions arising during judicial session;

7) to report the line item about petitions and arguments of other persons participating in case during judicial session;

8) to appeal court resolutions;

9) to make other legal proceedings provided by this Code or other laws.

2. Persons participating in case have and perform only procedural law and duties established by the Constitution of the Republic of Armenia, international treaties, this Code and other laws.

Article 33. Parties

1. The parties of legal proceedings are the claimant and the defendant.

Article 34. Claimant

1. The claimant is the person participating in case which for the purpose of protection of the rights or in the cases provided by the law, the rights of other person submitted the action for declaration to Trial Court.

2. In proceedings on the reference replacement of the claimant is not allowed, except as specified legal succession.

Article 35. Defendant

1. The defendant is the person participating in case against which claim was submitted to Trial Court.

2. Replacement of the defendant or involvement of the new defendant in proceedings on the reference is made according to the procedure, established by this Code.

Article 36. Participation of co-plaintiffs or codefendants in legal proceedings

1. Claim can be submitted by several claimants (co-plaintiffs) jointly, and also against several defendants (codefendants).

2. Each of co-plaintiffs and codefendants acts in judicial proceedings independently.

3. Co-plaintiffs or codefendants can come to the agreement that on behalf of all appear in court one or several of them or one or several of their representatives. The agreement is drawn up according to the procedure, established for the power of attorney of the representative.

4. Features of participation of co-plaintiffs on group questions are provided by Chapter 26 of this Code.

Article 37. The third parties imposing independent requirements for matter in issue

1. The third parties imposing independent requirements for matter in issue can enter case by submission of the action for declaration that decision makings about distribution of obligation of proof, and on the cases considered according to the procedure, provided by Chapters 40-42 of this Code - before announcement of final court resolution by court.

2. The third parties imposing independent requirements for matter in issue have all rights of the claimant and perform all its duties.

3. The claimant and (or) the defendant in the original action can act as the defendant in the claim of the third party imposing independent requirements for matter in issue.

Article 38. The third parties who are not imposing independent requirements for matter in issue

1. The third parties who are not imposing independent requirements for matter in issue can enter case from the claimant or the defendant before the end of legal proceedings, and on the cases considered according to the procedure, provided by Chapters 41 and 42 of this Code - before announcement of final court resolution if the sentence pronounced on case can affect their rights or obligations concerning one of the parties or can lead to emergence of such rights and obligations.

2. The third parties who are not imposing independent requirements for matter in issue can life are involved in case based on their petition.

3. If the Trial Court finds that the court resolution can inevitably affect the rights and obligations of certain persons, then reports to these persons about their rights to involvement of the third parties who are not imposing independent requirements for matter in issue or about procedure of it.

4. If person participating in case finds that the court resolution will inevitably affect the rights and obligations of certain persons, then can bring into Trial Court the petition for involvement of the third party as the third party who is not imposing independent requirements for matter in issue.

5. Or about variations of the statement for attraction to case of the third party who is not imposing independent requirements for matter in issue, Trial Court makes the decision in the form of separate court resolution on attraction.

6. In case of involvement of the third party who is not imposing independent requirements for matter in issue to consideration of the case consideration of the case continues if it does not petition for renewal of consideration of the case.

7. Persons which are not imposing independent requirements for matter in issue have rights of the Party and perform its duties, except the right to submission of the counter action for declaration, increase or reduction of the size of claim, change of subject or the basis of the claim, refusal of claims, acceptance of claims, the requirement of providing the claim, the conclusion of the arbitral agreement, agreement signature about conciliation, the requirement of forced execution of court resolutions and the beginning of conciliatory process with participation of the licensed conciliator.

8. The Trial Court according to the petition of person participating in case or on own initiative can exclude before the end of legal proceedings the third party who is not imposing own requirements for matter in issue, and the list of persons participating in case if the bases for attraction disappeared. About exception of the third party of the list of persons participating in case, the Trial Court makes the decision in the form of separate court resolution.

Article 39. Applicant

1. The applicant is the person who submitted the application considered according to the procedure of the special or other proceeding provided by this Code.

Article 40. Procedural legal succession

1. In case of exit from legal proceedings of one of persons participating in case (the death of the citizen, reorganization of the legal entity, requirement concession, transfer is long also other) the court makes the decision on replacement of person participating in case, his legal successor.

2. The procedural legal succession is possible at any stage of legal proceedings.

3. In case of the claimant's exit replacement of the claimant comes from legal proceedings according to the petition of the legal successor of the claimant.

4. All actions made in the course of legal proceedings to entrance to case of the legal successor are obligatory for it so far as they would be obligatory and for person who was replaced by the legal successor.

Article 41. Participation in case of state bodies and local government bodies

1. State bodies within svy powers are competent to take a legal action with the claim for protection of interests of the state.

2. Local government bodies, and in the cases provided by the law, the head of the administrative area have the right to take a legal action with the claim and protection of interests of municipality.

3. The prosecutor according to the procedure, provided by this Code, submits claim for protection of state interests in the cases provided by the law.

Article 42. Participation in case of state bodies and local government bodies

1. The representative of person participating in case is person having the right to appear in court on behalf of person participating in court, in the case provided by the law.

Article 43. Witness

1. Any physical person to which data on any fact important for permission of this case can be known can witness.

2. As the witness cannot be interrogated:

1) the representative - on the case facts which became known to it when rendering legal services to the principal if other is not provided by the mutual agreement of the representative and the represented person;

2) lawyers - for clarification of data which can be known to them in connection with the request for legal aid or rendering such help if other is not provided by the mutual agreement of the lawyer and principal;

3) the Defender of human rights - on those facts which became known to him in case of execution of its obligations;

4) the judge, the arbitrator or the conciliator - in connection with the discussions concerning any case considered by it or with its participation;

5) the imposed priest confessor - on the case facts which became known to it during confession.

3. Have the right not to answer certain questions in case of evidence in court:

1) persons - concerning, the spouse or close relatives: the parent, the child, the adoptive father adopted, native or nonnative (summary on the father or mother) the brother or the sister, the grandfather, the grandmother, the grandson, the parent or the spouse's child if it is reasonably supposed that further they can be used against it or them;

2) journalists - in connection with the data concerning the case facts by which the source of this information can be disclosed.

4. Interrogation as witnesses of representatives of the device of the Defender of human rights in fact of the decision of the Defender of human rights in communication by the claim which is at the Defender of human rights, and also being at them the claim or the document connected with the claim it is possible only according to the written agreement of the Defender of human rights.

5. If there is dispute around the right to standing mute in the status of the witness, then the Trial Court makes the decision on it which is obligatory for participants of legal proceedings.

6. Making false evidences by the witness or standing mute attracts the responsibility provided by the Criminal code of the Republic of Armenia.

Article 44. Expert

1. The physical person having the corresponding education, capabilities, skills and experience, and in the case provided by the law - also qualification can act as the expert (permission, the license, the patent and other).

2. Person, it is entrusted to them to carry out expertize, shall be on challenge of Trial Court and draw the objective conclusion on the questions asked it.

The expert has the right if it is necessary for making the conclusion:

1) to get acquainted with case papers;

2) to participate in judicial sessions;

3) from the leave of court to ask questions to participants of legal proceedings;

4) to ask court about provision to it additional materials.

4. The expert also has the right:

1) to refuse conducting examination if does not own necessary knowledge and skills;

2) to receive payment for the rendered services;

3) to receive compensation for the expenses.

5. In case of insufficiency of the materials provided to it the expert can refuse making the conclusion.

6. The refusal of the expert of making the conclusion based on insufficiency of materials shall be reasoned.

7. The court has the right to order to pay judicial fine concerning the expert who unreasonably refuses or evades from execution of the judgment about purpose of examination.

8. The expert according to the procedure, established by the Criminal code of the Republic of Armenia, bears responsibility for making obviously false conclusion.

Article 45. Specialist

1. Specialist is the physical person having theoretical and applied knowledge which according to the petition of person participating in case is invited to judicial session for giving professional explanations on the questions important for consideration of the case without implementation of preliminary researches.

2. As the specialist the sui juris person having the corresponding education, capabilities, skills or experience, and in the case provided by the law - also qualification can be invited (permission, the license, the patent and other).

3. Person invited by court as the specialist shall be on the first challenge and make oral explanations on judicial session.

4. The specialist has the right from the leave of court to get acquainted with case papers, to participate in judicial sessions, to ask court about provision of additional materials.

5. The specialist can refuse giving explanations on the questions which are beyond the scope of its special knowledge require conducting examination, and also in cases when the materials provided to it are not enough for the answer to questions of court and persons participating in case.

6. The specialist according to the procedure, established by the Criminal code of the Republic of Armenia, bears responsibility for giving obviously false explanations.

Article 46. Translator

1. The capable person knowing the languages necessary for transfer can be the translator. The translator has the right for the purpose of ensuring the correct and full translation to ask questions to participants of legal proceedings and court. The court warns the translator about criminal liability for obviously incorrect translation.

2. The judge, the witness, the expert or the secretary of judicial sessions have no right to undertake the translator's obligations. Persons participating in case or their representatives can undertake the translator's obligations if between them there is no contradiction of interests.

3. The translator presented at the expense of the state shall be qualified. The procedure for qualification of the translator establishes the Government.

Article 47. Competent persons and bodies

1. Persons or bodies which participation for certain nature, according to the law, is obligatory are considered competent.

Chapter 7. Judicial representation

Article 48. Conducting case by means of the representative

1. Person participating in case can process the case in court personally or by means of one or several representatives.

2. Personal participation in case does not deprive person participating in case, the rights to have the representative on this case.

3. Person participating in case can perform independently all legal proceedings also if for maintaining this case authorized one or several representatives, except as specified, stipulated in Article the 225th of this Code.

4. The legal proceedings made by the representative are so obligatory for person participating in case as far as in cases when person participating in case makes them.

5. Regulations of the Civil code of the Republic of Armenia on representation taking into account the features established by this Code are applied to judicial representation.

Article 49. Representatives as obliges

1. Persons provided by parts 2-7 of this Article are considered as representatives of person participating in case, as obliges.

2. Business of the legal entity in court is run by persons given authority to represent the legal entity under the law or the charter of the legal entity.

3. The Republic of Armenia within the powers in court is brought by the relevant state bodies by means of the head of this body or its deputy.

4. As the representative of municipality in court within the powers the head of municipality or its deputy appears.

5. Interests of the physical persons or legal entities declared bankrupt in the cases provided by the law are represented by the managing director on bankruptcy. Interests of the legal entities who are in process of liquidation are represented by the chairman of liquidation commission.

6. On case in which person owed participate acknowledged it is unknown absent in the procedure established by the law, person designated by the trustee of its property acts as his representative.

7. On case in which the heir of the dead or person recognized as the dead shall participate if still nobody accepted inheritance, person designated for content and management of heritable property can act as the representative.

Article 50. Legal representatives

1. On behalf of the minor, acknowledged it is limited capable or incapacitated persons his legal representative appears in court: parent (adoptive father), custodian or guardian.

2. In the cases established by the law the other persons having similar powers can appear in court as the legal representative.

Article 51. Put the order of maintaining the representative as obliges or the legal representative to other person

1. The representative as obliges and the legal representative can charge conducting case in the court according to the procedure established by this Code, to one or several persons chosen by it as representatives.

Article 52. Persons having the right to appear in court as representatives

1. The representation in court is performed by lawyers, including the foreign lawyers accredited in the procedure established by the law.

2. Also can be representatives in court:

1) persons which are directly provided by this Code;

2) the persons authorized by persons, provided by parts 2 - the 5th articles 49 of this Code consisting in labor relations with the represented legal entity, state body or local government body, the administrative area;

3) persons, which:

and. free of charge represent the interests of the parent, child, grandfather, grandmother, grandson, uncle and aunt from the father, the uncle and the aunt from mother, native or nonnative (summary on the father or mother) the brother or the sister, the spouse or the child of the last, and also the spouse or his parent, native or summary (whether on the father of mother) the brother or the sister;

. for a fee or free of charge represent the interests of the legal entity, twenty and more percent of share of the authorized capital or shares belong to them or persons specified in the subitem "an" of this Item.

3. In proceedings on the reference the same person can be at the same time the representative of two or more persons participating in case if there are no contradictions between their interests.

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