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LAW OF THE REPUBLIC OF ARMENIA

of July 18, 2023 No. ZR-236

About entering of amendment into the Code of penal procedure of the Republic of Armenia

Accepted by National Assembly of the Republic of Armenia on June 26, 2023

Article 1. To add the code of penal procedure of the Republic of Armenia of June 30, 2021 with Article 384.1 of the following content:

"Article 384.1. Receipt of advisory opinion of the European Court of Human Rights

1. In the course of consideration of the writ of appeal Court of cassation can address to the European Court of Human Rights (further in this Article - ECHR) for the purpose of receipt of advisory opinion on matters of principle in connection with interpretation or application of the rights and freedoms established by the European convention "About Human Rights Protection and Fundamental Freedoms" or the protocols attached to it (further in this Article - EKPCh) if it is necessary for receipt of the decision on case.

2. Each judge concerning whom the Court of cassation passes the decision can provide the offer on receipt of advisory opinion.

3. The statement for receipt of advisory opinion contains:

1) the structure of the facts and the legal basis having essential value for the answer to the delivered question(s);

2) the attributable domestic legislation for the answer to the delivered question(s);

3) attributable provisions EKPCh, in particular, attributable conventional rights and freedoms;

4) whenever possible and if necessary - the analysis and interpretation of Court of cassation on the delivered question(s);

5) if necessary - reasons for immediate consideration of the application;

6) if necessary - the petition for ensuring anonymity of the physical persons and legal entities involved in production;

7) if it is attributable - summary of arguments of the parties on the delivered question(s).

4. The required materials proving it can be enclosed to the application.

5. The statement shall conform to the technical requirements established by ECHR.

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