LAW OF THE REPUBLIC OF ARMENIA

of May 5, 1998 No. ZR-221

About forced execution of court resolutions

Accepted by National Assembly of the Republic of Armenia on May 5, 1998

Chapter 1. Basic provisions

Article 1. Coverage of this Law

This Law, according to Chapter 18.1 of the Law of the Republic of Armenia "About notariate", establishes also conditions and procedure for execution of the leaf of executive text issued by the notary (further - leaf of executive text).

Articles 30, of 36, of 37, of 38, of 41, 42 presents of the Law are applied to execution of leaf of executive text so far as regulations are in essence applicable to the leaf of executive text issued by the notary.

Operation of this Law extends to citizens, including to individual entrepreneurs, legal entities of the Republic of Armenia, citizens and legal entities of foreign states, stateless persons, and also to other stipulated in Article 7 these Laws of subjects which according to court resolutions of courts of the Republic of Armenia act as the parties of enforcement proceeding.

This Law, according to Chapter 13 of the Law of the Republic of Armenia "About bases of administration and administrative production", establishes also conditions and procedure for execution of public legal monetary claims so as far as its regulations in fact (mutatis mutandis) are applicable to execution of the indisputable administrative act.

This Law, according to the Law "About Protection of the Economic Competition", establishes also conditions and procedure for execution of the administrative act of the Commission on protection of the competition forcing to making of certain actions or forcing to abstention from certain actions and decisions on seizure so far as they are in essence applicable concerning execution of these acts.

This Law, according to the Law of the Republic of Armenia "About regulating authority of public services", establishes also conditions and procedure for execution of the administrative act of the Commission on regulation of public services of the Republic of Armenia obliging to making of certain actions or forcing to refrain from certain actions, and decisions on seizure so far as they in essence (mutatis mutandis) are applicable to execution of these acts.

This Law establishes also conditions and procedure for execution of the administrative act about destruction (dismantle) of unauthorized construction on the parcel of land which is state-owned property, being in administrative borders of community accepted by the inspection body exercising control in the field of town planning (further in this Law - the administrative act about destruction) so far as they are in essence applicable to execution of these acts.

This Law also establishes procedure and conditions of the execution made by the prosecutor of the decision on transformation of pledge into the income of the state according to the Code of penal procedure of the Republic of Armenia so far as regulations of this Law in essence (mutatis mutandis) are applicable concerning execution of these decisions.

Article 2. The acts which are subject to forced execution

Are subject to forced execution:

1) court resolutions on civil cases, except for the court resolutions solving on the merits of the case about recognition of the legal entity or citizen by the bankrupt and nachatiya of bankruptcy proceedings, and also court resolutions of administrative court of the Republic of Armenia, except for the court resolutions on cases provided by Chapter 24 of the Administrative Procedure Code of the Republic of Armenia;

2) sentences and the judgments on criminal cases in property attachment, judicial penalty, the ownership claim, compensation of the caused damage, the voluntary settlement, transformation of pledge into the income of the state, and also confiscation of property and property penalties (including in case of malicious evasion from payment of penalty);

3) decisions of arbitral tribunals;

4) decisions and determinations of foreign vessels and arbitral tribunals for civil and economic cases, and also decisions and determinations of foreign vessels on criminal cases regarding compensation of damage and other property penalties in the cases provided by international treaties of the Republic of Armenia;

5) decisions and determinations of the international court operating in case of membership (participation) of the Republic of Armenia, and also international arbitration on civil and economic cases;

6) decisions of the conciliator of financial system;

7) indisputable administrative acts – according to the procedure, established by Chapter 13 of the Law of the Republic of Armenia "About bases of administration and administrative production".

8) leaf of executive text;

9) decisions of the Supreme judicial council in cases, stipulated in Item 1 parts 4 and part 5 of article 151 of the Constitutional law "Judicial Code";

10) the administrative acts of the Commission on protection of the competition forcing to making of certain actions or forcing to abstention from certain actions, and decisions on seizure - according to the procedure, established by the Law "About Protection of the Economic Competition";

11) the administrative acts of the Commission on regulation of public services of the Republic of Armenia obliging to making of certain actions or forcing to refrain from certain actions, and the decision on the seizure according to the procedure established by this Law and the Law of the Republic of Armenia "About regulating authority of public services";

12) the administrative act about destruction;

13) decision of the prosecutor on transformation of pledge into the income of the state.

Article 3. The bodies providing forced execution of court resolutions.

1. In the Republic of Armenia forced execution of court resolutions is provided with Service on ensuring forced execution (further - service of forced execution).

Article 3-1. Legislation on forced execution of court resolutions

1. The legislation on forced execution of court resolutions consists of the Constitution of the Republic of Armenia, this Law and other legal acts.

2. If international treaties of the Republic of Armenia provide regulation of questions of forced execution of court resolutions, also regulations of these international treaties are applied.

If international treaties of the Republic of Armenia establish other regulations, than those which are provided by this Law then are applied regulations of international treaties.

Article 4. Basis for application of measures of forced execution

The basis for application of measures of forced execution is the writ of execution and leaf of executive text issued according to the procedure, established by this Law, and also the application submitted with observance of requirements of part 4 of article 88 of the Law of the Republic of Armenia "About bases of administration and administrative production", the statement for sending the decision issued by the Commission on protection of the competition, containing recommendations, on forced execution according to the procedure, provided by the Law "About Protection of the Economic Competition", the statement for sending the decision of the Commission on regulation of public services of the Republic of Armenia for forced execution according to the procedure, provided by the Law of the Republic of Armenia "About the body regulating public services", the statement for sending the administrative act for destruction for forced execution, the statement for sending for forced execution of the decision of the prosecutor for transformation of pledge to the income of the state.

Article 5. Measures of forced execution

Measures of forced execution are:

1) the address of claim to property of the debtor by seizure and realization of property;

2) the address of collection on the salary, pension, grant and other income types of the debtor;

3) the address of collection on the sums of money and other property of the debtor which are at other persons;

4) withdrawal at the debtor and transfer to the claimant of the certain objects specified in writ of execution;

4. 1) Application of penalty for non-execution of decisions of the forced contractor;

5) other measures providing execution of writ of execution.

Chapter 2. Persons participating in enforcement proceeding

Article 6. Participants of enforcement proceeding

Participants of enforcement proceeding are the parties and (or) their representatives.

Experts and translators can participate in enforcement proceeding.

Representatives of guardianship and custody body participate in implementation of executive actions:

a) when implementing the executive actions connected with transfer of the child to one of the parties

b) when implementing the executive actions relating to visits to the child.

Article 7. The parties in enforcement proceeding

The parties participating in enforcement proceeding are the claimant and the debtor.

Claimant are the citizen or the legal entity, the Republic of Armenia or municipality, foreign state or the international organization, in advantage or for the benefit of which the writ of execution is issued. In the course of the enforcement proceeding initiated by writ of execution about collection of court (production) costs on civil on administrative and criminal cases for benefit of the government budget of the Republic of Armenia the Committee of state revenues acts as the claimant if according to court resolution court (production) costs are not subject to collection for benefit of any state body.

Debtor are the citizen or the legal entity, the Republic of Armenia or municipality or foreign state obliged to make certain actions or to refrain from their making according to writ of execution.

Can participate in enforcement proceeding several claimants or debtors. Each claimant or the debtor in relation to other party participates in enforcement proceeding independently. They can also charge participation in enforcement proceeding to one of accomplices.

Article 8. The rights and obligations of the Parties in enforcement proceeding

1. The parties when making executive actions have the right:

1) to sign the voluntary settlement;

2) to transfer the rights according to writ of execution to other person;

3) to get acquainted with enforcement proceeding materials, to do of them statements, to receive copies;

4) to declare petitions;

5) to participate in making of executive actions;

6) to offer oral and written explanations, to make the arguments and observations on all questions arising during enforcement proceeding;

7) to object to petitions, arguments and reasons of other persons participating in enforcement proceeding;

8) to declare branches;

9) to protest actions of the police officer;

10) to have other rights provided by this Law.

2. During enforcement proceeding of the party shall observe requirements of this Law.

Article 9. Legal succession of the parties of enforcement proceeding

1. In case of disposal of one of the parties of enforcement proceeding (the death of the citizen, reorganization of the legal entity, requirement concession, transfer of debt) the police officer shall make replacement of this party with her legal successor, certain law, the judgment or the agreement.

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

Article 10. Participation in enforcement proceeding of agents of the parties

1. Citizens can participate in enforcement proceeding personally or through representatives. Participation of the citizen in enforcement proceeding does not deprive of it the right to have the representative.

2. Participation of legal entities in enforcement proceeding is performed by their bodies or officials acting within the powers conferred to them by the law or the charter of the legal entity or through their representatives.

Persons acting on behalf of the legal entity shall have the relevant documents certifying their official capacity or powers.

2-1. Participation of the Republic of Armenia or municipality in enforcement proceeding is performed in the procedure established by the Civil code of the Republic of Armenia by state bodies or local government bodies, respectively speakers on behalf of the Republic of Armenia or municipality, their officials, and also legal entities and citizens.

The foreign state participates in enforcement proceeding through diplomatic representation or consular establishment of this state in the Republic of Armenia or in other form established by rules of international law.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info