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The document ceased to be valid since  April 9, 2018 according to part 2 of Article 439 of the Code of civil procedure of the Republic of Armenia of  February 27, 2018 No. ZR-110

CODE OF CIVIL PROCEDURE OF THE REPUBLIC OF ARMENIA

of August 7, 1998 No. ZR-247

(as amended on 04-06-2015)

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Legislation on civil legal proceedings

1. The procedure for civil administration of justice in courts of the Republic of Armenia (further - courts) is established by the Constitution of the Republic of Armenia, this Code, the Judicial code of the Republic of Armenia and other laws adopted according to them (except for the laws regulating bankruptcy proceedings).

The regulations of civil procedural law containing in other laws (except for the laws regulating production on bankruptcy), shall correspond to this Code.

2. If the international treaty of the Republic of Armenia establishes other regulations of legal proceedings, than those which are provided by the Code of civil procedure of the Republic of Armenia then are applied regulations of the international treaty.

3. Civil administration of justice is conducted under the laws existing during consideration of the case.

Article 2. Right to appeal to the court

The interested person has the right according to the procedure, established by this Code, to take a legal action behind protection of the rights, freedoms and legitimate interests established by the Constitution of the Republic of Armenia, the laws and other legal acts or provided by the agreement.

In the cases provided by this Code and other laws behind protection of the rights, freedoms and legitimate interests of other persons persons having powers for the request for such protection have the right to take a legal action.

Article 3. Basis of excitement of civil case

The court initiates civil case only based on the claim or the statement.

Article 4. Independence of judges and subordination only to their law

1. When implementing justice of the judge are independent and submit only to the law.

2. When implementing justice of the judge are independent and submit only to the law. Guarantees of independence of judges are established by the Constitution of the Republic of Armenia and the Judicial code of the Republic of Armenia.

Article 5. Equality before the law and court

Justice on civil cases is performed based on equality before the law and court of citizens, legal entities.

Article 6. Competitiveness and equality of participants

Civil legal proceedings are performed on the basis of competitiveness and equality of participants.

Article 7. Legal proceedings language

1. Legal proceedings in the Republic of Armenia are conducted in Armenian.

2. Persons participating in the case having the right to appear in court in language, preferable to them, if they provide the translation into Armenian.

Article 8. Publicity of trial of cases

1. Trial of civil cases in courts open.

2. Hearing of the case in closed meeting is allowed in the cases provided by the law and also in case of satisfaction with court of the petition for need of providing secrecy of adoption, immunity of private or family life of citizens, preserving trade or other secret.

3. About trial of case in closed meeting determination is taken out.

4. At trial of case in closed meeting there are persons participating in case, their representatives, and in case of need - also witnesses, experts and translators from whom the signature about nondisclosure and non-use of the opened secret data undertakes.

5. Trial of case in closed meeting is conducted with observance of requirements of the legislation about state, office, commercial, bank and other mysteries of civil procedure rules, requirements of the legislation on the state, official, trade, bank and other secret.

In all cases the judgment appears in open session, except as specified announcements of final part of the court resolution resolving in essence case on cases on adoption (adoption). Final part of the court resolution resolving in essence case on cases on adoption (adoption) can be disclosed only with the consent of adopting (adopting).

Article 9. Ustnost of legal proceedings

1. Trial of case is performed orally.

2. Trial of case is performed in case of invariable structure of court. In case of replacement of the judge in proceedings on the reference trial is resumed from the very beginning.

3. Voided.

4. Voided.

Article 10. The laws and other legal acts applied in case of the dispute resolution and another matters

1. The court resolves disputes and another matters based on the Constitution of the Republic of Armenia, the laws of the Republic of Armenia and other legal acts adopted according to them.

2. If the international treaty of the Republic of Armenia establishes other regulations than provided by the law or other legal acts, then regulations of the international treaty are applied.

3. In case of lack of the law or other legal act governing the disputable relation, 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 principles of the right (analogy is right).

4. The court according to the law or the international treaty of the Republic of Armenia can apply also rules of law of other states.

Article 11. Application of foreign law

1. In case of application of foreign law the court establishes existence and content of its regulations according to their interpretation and practice of application in foreign state.

2. For the purpose of establishment of existence and content of regulations of foreign law the court can address in accordance with the established procedure for assistance in competent authorities in the Republic of Armenia and abroad or to involve experts.

3. In case of impossibility of establishment of existence or content of regulations of foreign law the court applies the relevant standards of the right of the Republic of Armenia.

Article 12. Application of business customs

The court has the right to apply business customs.

Article 13. Court resolutions on civil cases

The court passes decisions, determinations on civil cases and takes out orders on collection (further - court resolutions).

Article 14. Obligation of court resolutions

The court resolution which took legal effect is obligatory for all state bodies, local government bodies, their officials, legal entities and citizens and is subject to execution in all territory of the Republic of Armenia

Chapter 2. Jurisdiction in rem of civil cases

Article 15. Jurisdiction in rem to court of law

1. All civil cases are jurisdictional to court of law of the first instance.

2. Cases on refining of electoral registers are considered by courts of law in the location of the defendant according to the procedure, established by the Code of the Republic of Armenia about administrative offenses.

Article 16.

Voided

Article 17.

Voided

Article 18. Transfer of disputes to arbitration

The dispute, cognizable to court, to the conclusion of the court resolution solving it in essence with the consent of the parties in the procedure established by the law or in the cases established by the international treaty of the Republic of Armenia, can be transferred to the award of arbitration.

Chapter 3. Structure of court

Article 19. Individual and joint hearing of cases

1. Cases in court of law are considered by the judge solely.

2. Ceased to be valid

3. Business on bankruptcy is run by the judge solely.

4. In case of individual consideration of the case the judge acts as court.

5. Protests on the court resolution resolving case on being are considered in Civil Appeal Court of the Republic of Armenia (further - Appeal Court) jointly as a part of three judges, protests on other court resolutions - solely.

6. The question of acceptance to production of the prosecutor's appeal is resolved by Civil and administrative chamber of Court of cassation of the Republic of Armenia (further - Court of cassation) is joint as a part of the President of Chamber and at least five judges. The prosecutor's appeal is deemed accepted to production if most of the judges who are present at meeting voted for it.

7. The prosecutor's appeals accepted to production are considered by Court of cassation as a part of the President of Chamber and at least five judges.

8. None of judges have no right to abstain from vote. The chairman in meeting votes the last.

9. The judge not concordant with opinion of the majority having the right not to sign court resolution, but in that case shall state the special opinion in writing.

10. The special opinion can belong both to final, and to motivation part.

11. The special opinion signs and the judge seals, and it is filed.

12. During announcement of court resolution appears in judicial session about availability of special opinion, but the special opinion is not disclosed.

13. The special opinion is provided to persons participating in meeting.

Article 20.

Voided

Chapter 4. Rejection of the judge

Article 21. Rejection of the judge

1. The bases for rejection of the judge are established by article 91 of the Judicial code of the Republic of Armenia.

2. The judge declares rejection on the initiative or of the petition of person participating in case. Person participating in case can provide such petition, and the judge can declare rejection only prior to legal proceedings, except as specified, when person proves, and the judge will prove that the basis of rejection became known to it after the beginning of legal proceedings and it could not be known before. Anyway the petition can be provided or rejection can be declared only before the end of legal proceedings.

Article 22. Procedure for submission of the petition for rejection

1. The judge shall declare rejection in the presence of the bases, stipulated in Article 21 of this Code. Rejection shall be motivated.

2. The petition of the judge for rejection in which its bases are stated is submitted in writing.

3. Repeated submission by the judge of the petition for rejection on the same basis is not allowed.

Article 23. Procedure for permission of the petition for rejection

1. In case of the statement of the petition for rejection consideration of the case stops to permission of this question. The meeting can be suspended no more than for three days.

2. The petition for rejection declared on the same basis is not considered.

3. By results of consideration of the declared petition for rejection the court either announces rejection, or takes out determination about petition variation.

Article 24. Rejection consequences

1. In case of rejection of the judge appears about closing of judicial session. In case of rejection of the judge it is replaced with other judge of the same court.

2. The judge replaced as a result of rejection, or the structure of court updated as a result of rejection perform consideration of the case at first.

Article 25.

Voided

Article 26.

Voided

Chapter 5. Persons participating in case

Article 27. The list of persons participating in case

Persons participating in case are:

1) parties;

2) third parties;

3) applicants on the cases provided by the Section 3 of this Code.

Article 28. The rights and obligations of persons participating in case

1. Persons participating in case have the right:

1) to get acquainted with case papers, to do statements, to receive their copies taking into account requirements of article 8 of this Code and other laws;

2) to declare branches;

3) to produce the evidence and to participate in their research taking into account requirements of article 8 of this Code and other laws;

4) to ask questions, to declare petitions, to offer explanations for court;

5) to adduce the arguments on all questions arising during consideration of the case;

6) to object to petitions, arguments of other persons participating in case;

7) to protest court resolutions;

8) to have other procedural law granted to them by this Code.

2. Persons participating in case perform the procedural duties established by the law.

3. Persons participating in case shall have the procedural law and carry out the procedural obligations honesty.

4. Persons participating in case are subject to accountability for giving false explanations or false evidences according to the procedure, established by the legislation of the Republic of Armenia.

Article 29. Parties

1. The parties in civil process (further - process) are the claimant and the defendant.

2. Claimants are the citizens and legal entities who made the claim.

3. Defendants are citizens and legal entities to whom the claim is made.

4. The parties have equal procedural law and perform equal procedural duties.

Article 30. Participation in case of several claimants or defendants

1. The claim can be made jointly by several claimants (co-plaintiffs) or to several defendants (codefendants).

2. Each of claimants and defendants acts in process independently.

3. Co-plaintiffs or codefendants can charge conducting case to one of them.

Article 31. Replacement of the improper party

1. Court, having determined by preparation of case or during his trial that the claim is made not by that person who belongs right to claim, or not to that person who shall answer in the claim, can allow replacement of the initial claimant or defendant with the proper claimant or the defendant with the consent of the claimant.

2. If the claimant does not agree to replacement with his other person, then this person can go into action in quality of the third party declaring independent requirements regarding dispute.

3. If the claimant does not agree to replacement of the defendant with other person, the court can involve this person as the second defendant.

4. After replacement of the improper party consideration of the case is resumed from the very beginning.

Article 32. Change of the basis or subject of action, change of the size of claims, abandonment of claim, recognition of the claim

1. If the investigation of case is performed at stage of preparation for legal proceedings, the claimant has the right to change the basis and subject of action, to increase or reduce the size of claims prior to legal proceedings on case in Trial Court. The claimant can refuse the claim in Trial Court before the end of legal proceedings.

2. The defendant has the right to recognize the claim fully or partially.

Article 33. Voluntary settlement of the parties

1. The parties can end case by the voluntary settlement at any stage of process.

2. Achievement of the voluntary settlement by the parties is drawn up in writing.

3. Before approval of the voluntary settlement of the parties the court explains to the parties its procedural consequences.

4. The court does not approve the voluntary settlement if it contradicts the law and other legal acts or violates the rights and legitimate interests of other persons. In these cases the court considers dispute over being.

Article 34. The third parties declaring independent requirements regarding dispute

The third parties declaring independent requirements regarding dispute can go into action before adoption of the decision by court. They have all rights and perform all duties of the claimant.

Article 35. The third parties who are not declaring independent requirements regarding dispute

1. The third parties who are not declaring independent requirements regarding dispute can go into action on the party of the claimant or defendant before adoption of the decision by court if the decision on case can affect their rights or obligations in relation to one of the parties.

2. The third parties who are not declaring independent requirements regarding dispute have the rights and perform obligations of the Party, except the right to change of the basis or subject of action, increase or reduction of the size of claims, abandonment of claim, recognition of the claim or the conclusion of the voluntary settlement and the requirement of forced execution of the court ruling.

Article 36. Procedural legal succession

1. In disposal cases from process of one of the parties (the death of the citizen, reorganization of the legal entity, requirement concession, the translation of debt), the court makes replacement of this party with her legal successor, specifying about it in determination. The legal succession is possible at any stage of process.

2. For the legal successor all actions made in process to its introduction in case are obligatory in that measure in what they would be obligatory for person who the legal successor replaced.

Article 37. Participation in case of state bodies

1. State bodies have the right to appeal with the claim to court in protection of valuable interests of the state.

2. The state body which made the claim has the rights and performs the claimant's duties.

3. The prosecutor brings the suit in protection of valuable interests of the state in the cases provided by the Law of the Republic of Armenia "About prosecutor's office".

Article 38. Participation in case of local government bodies

1. The head of community has the right to appeal with the claim to court in protection of valuable interests of community.

2. The head of community who made the claim has the rights and performs the claimant's duties.

Chapter 6. Representation in court

Article 39. Business management through representatives

1. Citizens can run the business in court personally or through representatives. Participation in case of the citizen does not deprive of it the right to have in the matter of the representative.

2. Business of legal entities is run in court by their bodies operating within the powers conferred to them by the laws or the charter or their representatives.

3. The heads of legal entities or other persons having the right to represent the interests of the legal entity according to the charter submit to court the documents certifying their official position or powers.

Article 40. Persons who can be representatives in court

1. In court any capable person having properly drawn up power of business management, except as specified, the stipulated in Article 5 Laws of the Republic of Armenia "About legal profession" can be the representative.

2. Voided

Article 41. Registration and confirmation of powers of the representative

1. The power of attorney issued by the citizen makes sure the notary or the official having such power under the law. The power of attorney is issued to the lawyer in simple written form and is not subject to the certificate.

2. The power of attorney on behalf of the organization is issued signed by the head of its executive body or person authorized by the charter to represent the organization without power of attorney.

3. The party participating in judicial session together with the representative having the right to confirm powers of the representative before court, having established in writing amount of powers of the last.

4. Powers of the legal representative are confirmed by the document certifying its status.

Article 42. Powers of the representative

The power of attorney on conducting case in court grants to the representative the right to making on behalf of represented legal proceedings, except for:

1) signings of the action for declaration;

2) case referrals in arbitral tribunal;

3) complete or partial refusal of claims and recognition of the claim;

3. 1) participation in conciliatory process with the assistance of the certified conciliator;

4) changes of subject or basis of the claim;

5) changes of the size of claims;

6) conclusions of the voluntary settlement;

7) delegations of power to other person (retrust);

8) protest of court resolution;

9) addresses to authorized persons for bringing of the prosecutor's appeal.

Power of the representative on making of each of the actions specified in this Article shall be specially provided in the power of attorney issued represented.

Article 43. Legal representatives

1. The rights and legitimate interests of minors, the citizens recognized as incapacitated or it is limited by capable, their parents (adoptive parents), guardians or custodians who submit to court the documents certifying their status protect in court.

On case in which the citizen recognized in accordance with the established procedure shall participate it is unknown absent, the trustee as its property acts as his representative.

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