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   A law is not a law without coercion behind it   
  
Compulsory Enforcement Service informs 2018-10-29 12:03

Reception of citizens by the Chief Compulsory Enforcement Officer of the Republic of Armenia 2018-10-27 11:25

Compulsory Enforcement Service informs 2018-10-22 10:59
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The basis of compulsory enforcement proceedings is the writ of execution which is the basis for appling compulsory enforcement measures. Only after rendering — based on the writ of execution and in accordance with the law — a decision on instituting compulsory enforcement proceedings, a compulsory enforcement officer may implement or apply the compulsory enforcement measures provided for by law. 

The compulsory enforcement officer takes a decision on instituting enforcement proceedings, within a period of three days after the day of receiving the writ of execution from the claimant or his representative.

After instituting enforcement proceedings, the compulsory enforcement officer takes, in the manner established by the Minister of Justice of the Republic of Armenia, a declaration from the debtor on the set and number of property owned by him and of his property rights, in case the debtor fails to fulfil the requirements of the writ of execution within ten days after instituting enforcement proceedings. The debtor is also obliged to provide information in the declaration on immovable property and vehicles owned by him, while alienated during the last six months. The debtor does not file a declaration on the set and number of property owned by him and of his property rights, in enforcement proceedings of non-property nature, as well as in enforcement proceedings concerning levy of execution of property nature in the amount of up to AMD 50 000. Non-disclosure or distortion by the debtor of data on the set and number of property owned by him and of his property rights, or maliciously evading to submit a declaration results in liability in the manner prescribed by law.

Enforcment actions are carried out in the place of residence or location of the debtor or in the place of location of his property. The writ of execution imposing specific performance on the debtor are enforced in the place of the specific performance.

Enforcement actions are carried out on working days, from 08:00 to 20:00. The exact time — within these limits — for carrying out enforcement actions is set by the compulsory enforcement officer. Parties have the right to propose time convenient for them for carrying out enforcement actions. On non-working days, as well as at night, enforcement actions are permitted when:

  1. immediate enforcement is needed;
  2. at debtor’s fault, their enforcement is not possible on other days and at fixed hours.
  3. enforcement actions may be continued after the time fixed for enforcement actions expires, if it is necessary to bring the commenced enforcement actions to the end.

 A period of two months is established for carrying out enforcement actions, except for cases provided for in the second and third paragraphs of this part. Periods of auctioning stage of enforcement proceedings, direct sale of property, search for the debtor or his property, as well as periods of delaying or staying enforcement proceedings are not included in the period of two months for carrying out enforcmenet actions.

During enforcement actions, the compulsory enforcement officer may stay the enforcement proceedings. Enforcement actions may be adjourned not more than once, for a period of up to two weeks. The compulsory enforcement officer is obliged to stay the enforcement proceedings when:

  • the debtor has been declared lacking active legal capacity;
  • the debtor is taking part in military actions with armed forces and other troops, or there is a request of the claimant in similar conditions;
  • the court has instituted an action on declaring the debtor bankrupt, or the Central Bank of the Republic of Armenia has declared the debtor-bank insolvent;
  • a claim has been brought before the court on lifting the attachment imposed on the property which has been levied in execution under the writ of execution;
  • the court has taken a decision on staying the enforcement proceedings;
  • there is an application of the parties on signing a settlement agreement.

 The compulsory enforcement officer has the right to stay the enforcement proceedings when:

  1. he or she has applied to the court for clarification of the writ of execution issued by it;
  2. he or she has ordered an expert examination;
  3. the debtor has been involved in the execution of a State assignment;
  4. the debtor-legal person is undergoing reorganisation;
  5. the debtor or his property is in search.

Enforcement proceedings terminate upon the delivery of a decision on closing or striking out the proceedings.

The compulsory enforcement officer closes the enforcement proceedings when:

  • the claimant has submitted a request on returning the writ of execution;
  • it is impossible to find out the whereabouts of the debtor or of his property, and all the measures — permitted by law — undertaken by the compulsory enforcement officer and/or the claimant have been in vain;
  • the debtor doesn’t have property or income which may be levied in execution, and the search carried out by the compulsory enforcement officer in the manner prescribed by Article 40(3) of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts” and/or all the measures — permitted by law — undertaken by the claimant to search for the debtor’s property have been in vain;
  • the debtor’s property is not sufficient for satisfying the claims of the claimant (claimants);
  • enforcement actions aimed at fulfilling the requirements of the writ of execution on securing the claim have been accomplished;
  • the claimant or debtor-citizen has died, and claims or obligations established by the judicial act may pass to his or her successor;
  • due to lack or insufficiency of the debtor’s property, debtor's salary, pension, and other income have been levied in execution, and regular payments are made for the benefit of the claimant.

The compulsory enforcement officer takes a decision on closing the enforcement proceedings. Closure of enforcement proceedings and returning the writ of execution to the claimant is not an obstacle for submitting the writ of execution for new enforcement.

The compulsory enforcement officer strikes out the enforcement proceedings when:

  1. the writ of execution has actually been executed;
  2. the claimant has renounced the levy of execution;
  3.  the claimant and the debtor have entered into a settlement agreement, and it has been approved by the court;
  4.  the claimant or debtor-citizen has died, and claims or obligations established by the judicial act may not pass to his or her successor;
  5.  the judicial act, based on which the writ of execution has been issued, has been reversed;
  6.  the claimant has refused to accept the property seized from the debtor during the enforcement of the writ of execution and to be passed to the claimant;
  7. the debtor-legal person has been declared bankrupt by a court judgment;
  8. has been dissolved;
  9. the claim has been dismissed or rejected.

 

The compulsory enforcement officer takes a decision on striking out the enforcement proceedings.

Struck out enforcement proceedings may not be reinstated, except for cases of abolition - through administrative or judicial procedure - of the decision of the compulsory enforcement officer on striking out the enforcement proceedings.

During compulsory enforcement proceedings, the compulsory enforcement officer applies the prescribed measures.

The last action is the distribution by the compulsory enforcement officer of the amount derived form the sale of the property, which is effected in the following order:

  • firstly, claims secured by a lien on the debtor’s property are satisfied;
  • secondly, judicial and enforcement expenses are covered;
  • thirdly, the amount of the fine imposed on the debtor during compulsory enforcement is paid;
  • fourthly, claims pertaining to maintenance obligations, obligations to compensate damage caused to life or health, as well as obligations to compensate damage emanating from the commitment of a crime are satisfied;
  • fifthly, claims for payment of remuneration under employment and copyright contracts and claims for compulsory social contributions resulting from their satisfaction are satisfied;
  • sixthly, obligations towards the State Budget of the Republic of Armenia and community budgets, as well as obligations deriving from compulsory state social security contributions are satisfied;
  • seventhly, claims of the rest of the claimants are satisfied in accordance with the sequence of submission of the writ of execution, except for cases provided for in Article 69 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”.

The claims in each category are satisfied only after fully satisfying the claims of the preceding category.

The claims of the writs of execution submitted on the same day by the claimants of the same category are satisfied proportionally to the amounts subject to satisfaction.

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41a Halabyan str., Yerevan, 0078, Republic of Armenia | Hotline: (+374) 60 570-435 | E-mail: hotline@harkadir.am ; press@harkadir.am
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