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LAW OF THE REPUBLIC OF ARMENIA

of July 23, 2019 No. ZR-141

About the representative of the Republic of Armenia in the European Court of Human Rights

Accepted by National Assembly of the Republic of Armenia on July 10, 2019

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

This Law establishes the status, circle of powers, procedure for appointment of the representative of the Republic of Armenia in the European Court of Human Rights (further - European court) (further - the Representative), the status of office of the Representative (further - Office), and also other related relations.

Article 2. The legislation regulating activities of the Representative

1. The legislation regulating activities of the Representative includes the Constitution of the Republic of Armenia, the Convention of November 4, 1950 "About human rights protection and fundamental freedoms" (further - the European convention), this Law, other international agreements ratified by the Republic of Armenia and also other legal acts of the Republic of Armenia.

2. When implementing the powers established by this Law, the Representative is guided also by regulations of European court and regulations about control of execution of resolutions and conditions of voluntary settlements of Committee of ministers of the Council of Europe (further - Committee of ministers).

Chapter 2. Status and procedure for appointment of the Representative

Article 3. Status of the Representative

1. The position of the Representative is the state managerial position entering into structure of the office of the Prime Minister.

2. The representative represents the interests of the Republic of Armenia in European court, will organize execution of resolutions and decisions of European court concerning the Republic of Armenia, and also promotes implementation of the European criteria of human rights in system of law of the Republic of Armenia.

3. The representative coordinates and controls activities of Office. Signs the documents created when implementing functions of Office and in the established cases the Representative seals. These powers according to the decision of the Representative can be delegated to the head of Office, and also the deputy manager of Office in the sphere of coordinating allocated to it.

4. The representative to implementation of the powers shall show political neutrality.

5. The representative after the continuance in office cannot represent any person or provide it consultation in connection with the cases which are on consideration stages in European court which were received from European court during his tenure or on which it represented the interests of the Republic of Armenia in European court.

6. The representative cannot represent the interests of the Republic of Armenia in European court on case in which has private interest or was the representative or the lawyer of the party on this case in European court either provided consultation or acted in any other status.

Article 4. Requirements to the Representative and procedure for its appointment

1. The representative the citizen only the Republic of Armenia who reached 30-year age, with the higher legal education and professional working life of the lawyer at least 5 years, and also owning the legislation of the Republic of Armenia, the international acts of human rights, Armenian and English or French languages can be appointed.

2. The representative is appointed and exempted by the Prime Minister. If the position of the Representative remains vacant, the Prime Minister in two-month time appoints the new Representative.

Article 5. Deputy Representative and replacement of the Representative

1. The head of Office on position is the Deputy Representative.

2. If the position of the Representative remains vacant, and also in cases of absence of the Representative or collision of interests on certain case it is replaced by the head of Office.

Article 6. Office of the Representative

1. For the purpose of ensuring effective implementation of the powers assigned to the Representative by this Law in structure of the office of the Prime Minister the Office is created.

2. The head of Office is accountable to the Prime Minister and the Representative.

3. Office:

1) assists representation of interests of the Republic of Armenia in European court;

2) assists the organization of process of execution of resolutions and decisions concerning the Republic of Armenia in European court;

3) promotes implementation of the European criteria of human rights in system of law of the Republic of Armenia.

4. The office helps the Representative to representation of interests of the Republic of Armenia in other international instances with participation of the Republic of Armenia.

5. The deputy manager and employees of structural divisions of Office - the civil servants appointed to position and dismissed according to the procedure, established by the Law "About Civil Service".

6. The office acts on the basis of the Constitutions, the laws of the Republic of Armenia, other legal acts and the charter.

Chapter 3. Powers of the Representative

Article 7. Powers of the Representative to representation of interests of the Republic of Armenia in European court

1. Representative:

1) brings line item of the Republic of Armenia into European court;

2) conducts negotiations with the party which made complaints for the purpose of the problem resolution the peace agreement or makes the unilateral statement;

3) on own initiative or based on the petition of competent authority, if necessary - after consultation with the Prime Minister or competent authorities is involved in consideration of the case in European court as the third party;

4) will be organized by process of accomplishment of conditions of the intermediate measure applied by European court in connection with the separate claim;

5) is represented by the petition for transfer of the resolution of Chamber of European court for consideration of Big chamber of European court.

2. The representative is competent to make the interstate complaint on behalf of the Republic of Armenia only based on the order of the Government.

Article 8. Powers of the Representative at stage of execution of the resolution or decision of European court

1. Representative:

1) will be organized by process of execution of the resolution or the decision concerning the Republic of Armenia;

2) offers the actions directed to execution of the resolution or decision concerning the Republic of Armenia;

3) submits information connected with execution of the resolution or decision concerning the Republic of Armenia for consideration of Council of Ministers;

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