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Draft Law "On making amendments and supplements to the Law of the Republic of Armenia "On compulsory enforcement of judicial acts"" and the drafts of related laws discussed

22/10/2018

From 19 to 20 October, a discussion on the draft Law "On making amendments and supplements to the Law of the Republic of Armenia "On compulsory enforcement of judicial acts"" and on the drafts of related laws was held in Aghveran and organised by the "Centre for Legislation Development and Legal Research" Foundation. Representatives of the Ministry of Justice, the Supreme Judicial Council, the Compulsory Enforcement Service, the Police, the State Revenue Committee, the State Committee of Real Estate Cadastre, the Central Bank of Armenia and the Union of Banks of Armenia, academic lawyers and advocates, as well as judges of the Court of Cassation, the Civil Court of Appeal, the First Instance Court of General Jurisdiction and the Administrative Court of the city of Yerevan participated in the discussion.

In his opening speech, Director of the "Centre for Legislation Development and Legal Research" Foundation Tigran Markosyan noted that, taking into account the existence of many practical problems in the sector of compulsory enforcement of judicial acts requiring solutions and the urgency for improvement of the system for compulsory enforcement of judicial acts, the draft Law "On making amendments and supplements to the Law "On compulsory enforcement of judicial acts"" and the drafts of related laws were developed and placed into circulation by the Ministry of Justice. "It should be mentioned that the need for development of the drafts arises also from the 2018-2022 Action Plan of the Government, which envisages implementation of legislative reforms aimed at detecting property belonging to the debtor during compulsory enforcement of judicial acts, as well as declaring property belonging to the debtor, registering unregistered rights, introducing a toolkit for promoting the voluntary enforcement of judicial acts and reviewing the requirements for a writ of execution,” Tigran Markosyan said, adding that the discussion held in such a format will provide the opportunity to comprehensively assess the regulations of the Law "On compulsory enforcement of judicial acts" and the relevant drafts, as well as expressed his gratitude to the participants for accepting the invitation to the discussion, wishing them a productive discussion.

The Draft presented at the working meeting will regulate the issues related to the procedure for issuing a writ of execution, the time limits for issuing a writ of execution, the decisions taken as a result of examination of the application for issue of a writ of execution, as well as the issues on appealing the decisions, will specify the procedures for sending and notifying about decisions in the stage of compulsory enforcement, will prescribe a possibility for partially lifting attachment in case the attachment imposed on the monetary funds exceeds the amount of cost of action and in case the obligation is partially fulfilled, as well as a number of other issues.

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