Compulsory enforcement of judicial acts is carried out in strict compliance with the requirements of the law and other legal acts. For the purpose of ensuring compulsory enforecment of judicial acts, compulsory enforcement officers may apply only the measures prescribed by the law.
Compulsory enforcement measures are prescribed by the Law of the Republic of Armenia "On compulsory enforcement of judicial acts". The writ of execution serves as the basis for applying any compulsory enforcement measure. Compulsory enforcement measures carried out without a writ of execution may not be deemed lawful. Moreover, the writ of execution must be issued in accordance with the law.
The Law of the Republic of Armenia "On compulsory enforcement of judicial acts" prescribes the following compulsory enforcement measures:
- levy of execution on property of the debtor by attachment and sale thereof;
- levy of execution on salary, pension, scholarship, and other types of income of the debtor;
- levy of execution on the debtor’s monetary funds and other property held by other persons;
- seizure from the debtor, and passing to the claimant, of certain objects specified in the writ of execution;
41) applying a fine for failure to comply with the decisions of a compulsory enforcement officer, in accordance with the law on administrative offences;
Article 2065 Deliberate non-compliance with the decision of a compulsory enforcement officer or obstruction to its execution
Deliberate non-compliance with the decision of a compulsory enforcement officer or obstruction to the performance of duties reserved to him or her by law entails imposition of a fine in the amount of 200-fold up to 400-fold of the prescribed minimum salary.
5.other measures ensuring the enforcement of the writ of execution.
Levy of execution on the property of the debtor includes attachment on the property, its seizure, and compulsory sale. Levy of execution on the debtor’s property is executed in the amount required for fulfilling the requirements of the writ of execution, including enforcement expenses. First of all, monetary funds of the debtor must be levied in execution. In case of lack or insufficiency of monetary funds, levy of execution may be performed also on the property of the debtor, except for the property which - according to the law - may not be levied in execution.
Levy of execution is performed on the property of the debtor in the following order:
1. in case of debtor-legal person:
- fixed assets not directly involved in production,
- manufactured goods,
- semi-finished production, including raw material, materials, intermediate production,
- other property (including immovable property);
2. in case of debtor-natural person:
- movable property,
- immovable property.
Levy of execution on property in each consequent category is performed only after levy of execution on the property in the preceeding category. Levy of execution on the property in the subsequent category may be performed without levy of execution on the property in the preceding category, if it is obvious that the value of the property in the preceding category is insufficient for satisfying the claims.
Where there are different types of property in the same category, the sequence of levy of execution against such property is determined by the compulsory enforcement officer.
The debtor has the right to propose the order of levy of execution on his property; otherwise, the compulsory enforcement officer decides upon the order of levy of execution.
For the purpose of carrying out enforcement actions (levy of execution, eviction, settling, etc.), the compulsory enforcement officer has the right to unimpeded access to the appartment or other premises owned by the debtor.For the purpose of carrying out enforcement actions, the compulsory enforcement officer may have access to the appartment or other premises belonging to other persons upon the consent of the owner (temporary possessor) of the appartment or premise. In case of absence of consent, the compulsory enforcement officer may have access to the appartment or premises upon an appropriate court order.Imposing attachment on the debtor's property or the property belonging to the plaintiff (claimant) and held by the debtor includes its inventory, prohibition on disposal of the property and, where appropriate, restriction on the right to use, its seizure, and putting in storage.
The compulsory enforcement officer seizes monetary funds in AMD discovered with the debtor and, not later than the next day following the seizure, delivers them to the bank, i.e., on the deposit account of marz (Yerevan city) division of the Compulsory Enforcement Service.
The compulsory enforcement officer imposes attachment on monetary assets the debtor keeps in his banking accounts and deposits, via electronic messages sent to the banks, the form of which is as established by the Central Bank of the Republic of Armenia in agreement with the Ministry of Justice of the Republic of Armenia.
The Law of the Republic of Armenia "On compulsory enforcement of judicial acts" defines also the procedure and conditions for levy of execution against certain categories of property. Under the law, levy of execution may not be executed against certain types of property. The following items of property belonging to the debtor-citizen may not be levied in execution:
- used home appliances, clothing, footware, linen, bedding and childrenware, except for luxurios objects and those objects which are made of precious materials or carry historical or artistic value;
- objects, manuals, and books necessary for professional studuies of the debtor, except for cases when the debtor has been deprived of the right to engage in a certain activity, and except for objects which are made of precious materials or carry historical or artistic value;
- pets (2 units), poultry (10 units), feeding stuff, seeds necessary for successive planting, of those people whose main occupation is agriculture;
- property in the amount of up to AMD 5 000, if they do not make one single group;
- special transportation means for disabled persons.
Appraisal and sale of the debtor's property are executed in accordance with the Law of the Republic of Armenia "On public bids".