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A law is not a law without coercion behind it

2020-06-11 10:26 A Webinar-Devoted to the 13th World Day of the Judicial Officer

2020-02-20 16:43 New staff members joined the Compulsory Enforcement Service

2020-02-10 15:45 Davit Beginyan holds monthly working consultation
Compulsory Enforcement Service
Chief Compulsory Enforcement Officer of the Republic of Armenia
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Necessary Documents

For the purpose of initiating compulsory enforcement proceedings, it is necessary to submit the required documents to the territorial division of the Service or, where levy of execution on alimony, eviction, levies of execution in criminal cases are concerned, to the appropriate division; availability of these documents is a precondition for a compulsory enforcement officer to institute enforcement proceedings and commence the compulsory enforcement of a judicial act entered into force.   

The documents need to be submitted according to the official addresses of the divisions of the Service.

Citizens may take part in enforcement proceedings in person or through their representatives. Participation of a citizen in enforcement proceedings does not deprive him or her of the right to have a representative.

Participation of legal persons in enforcement proceedings is performed through bodies or officials thereof acting within the scope of powers vested in them by law or by the Statute of the legal person or through representatives.

Persons acting on behalf of a legal person are obliged to hold documents confirming their official status or powers.

Participation of the Republic of Armenia or a community in enforcement proceedings is effected in the manner prescribed by the Civil Code of the Republic of Armenia, by public administration or self-government bodies acting on behalf of the Republic of Armenia or the community, respectively,  officials thereof, as well as by legal persons and citizens.

Where the debtor is obliged to perform such actions under the writ of execution, which he can perform only in person, he does not have the right to act through representative.

Representative’s powers must be approved by an authorisation issued and formulated in accordance with the law.

The following powers of the representative must be expressly provided for in the authorisation issued on behalf of the represented party:

  1. submitting and withdrawing a writ of execution,
  2. assigning powers to another person (reauthorisation),
  3. receiving property and/or money levied in execution,
  4. appealling against the actions of the compulsory enforcement officer.

In enforcement proceedings, the rights and legitimate interests of minors and of citizens who have been declared lacking active legal capacity or having llimited active legal capacity are protected by their parents (adopters), guardians or custodians who must submit documents confirming their status.

In enforcement proceedings where a citizen who has been declared missing in the prescribed manner, should have taken part, his or her trustee acts as a representative.

In enforcement proceedings where the heir of a deceased pesron or of a person declared deceased in the prescribed manner, should have taken part, the person appointed to maintain and manage the inherited property acts as representative of the heir, if no one has yet accepted the inheritance.

Legal representatives may assign their participation in enforcement proceedings to other persons.

The required documents are:

  1. Request on instituting enforcement proceedings or on enforcing the requirements of the writ of execution;
  2. Writ of execution (writ of execution is issued on the basis of court judgments and decisions, payment orders issued by courts; on the basis of awards of arbitral tribunals; in cases provided for by the international treaties of the Republic of Armenia, on the basis of judgments and decisions of foreign courts and foreign arbitral tribunals; on the basis of judgments and decisions of international courts (arbitral tribunals) to which the Republic of Armenia is a member (party to); and on the basis of decisions of the Financial Ombudsman;
  3. Authorisation (if the claimant, natural person acts through a representative; if a representative acts on behalf of the claimant-legal person);
  4. Certificate of registration of a legal person, issued by the State Register of Legal Persons of the Ministry of Justice of the Republic of Armenia, or the photocopy of the decision on appointing a director, where the director acts on behalf of the claimant-legal person.
  5. Appropriate documents attesting the powers, where a trustee or legal representative acts on behalf of the claimant.
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