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LAW OF THE REPUBLIC OF ARMENIA

of July 23, 2019 No. ZR-141

About the representative according to the international legal issues

(as amended of the Law of the Republic of Armenia of 24.12.2021 No. ZR-414)

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

1. This Law establishes the status, circle of powers, procedure for appointment of the representative according to the international legal issues (further - European court) (further - the Representative), the status of office of the Representative (further - Office), and also other related relations.

2. In sense of this Law, activities of the Representative cover:

1) the European Court of Human Rights (further - European court);

2) International court;

3) international arbitration;

4) mediation;

5) foreign courts.

Article 1.1. The basic concepts used in the Law

1. In this Law the following basic concepts are used:

1) international arbitration - the body resolving the dispute acting on the basis of the international arbitral rules irrespective of whether it is performed by permanent arbitration institution or without such organization;

2) foreign court - domestic court of other state where the Republic of Armenia acts as the claimant, the defendant or the third party;

3) mediation - process which in the consent of the parties is directed to the dispute resolution between them by means of the third party - mediator.

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), the charter of International court, the Convention of March 18, 1965 "About procedure for permission of investment disputes between the states and citizens of other states", other international agreements ratified by the Republic of Armenia, this Law, 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, applicable arbitral rules and rules of mediation, regulations of International court behind 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. Voided

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 or advise any person on the cases which are at consideration stage in the instances provided by part 2 of article 1 of this Law (in the course of mediation) which were received, or production on which was begun during his tenure or on which he organized or performed representation of interests of the Republic of Armenia.

6. The representative cannot conduct negotiations with the party and (or) its representative in the instances provided by part 2 of article 1 of this Law or to organize or perform representation of interests of the Republic of Armenia on case in which has private interest or was the representative or the lawyer of the party on this case either provided consultation or acted in any other quality.

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, with international law 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 languages and other foreign language 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, and also the organization of process of execution of resolutions and decisions of European court concerning the Republic of Armenia;

2) assists representation of interests of the Republic of Armenia in International court, and also the organization of process of execution of resolutions and decisions of International court concerning the Republic of Armenia;

3) assists representation of interests of the Republic of Armenia in international arbitrations, foreign vessels, the organization of process of recognition and execution of resolutions and solutions of Arbitration or foreign vessels, and also their appeals;

4) promotes the dispute resolution with participation of the Republic of Armenia according to the procedure of mediation;

5) helps implementation of international standards on human rights in system of law of the Republic of Armenia.

4. Voided

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.

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