Pursuant to Article 2 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts” the following acts shall be subject to compulsory enforcement:

(1)    judicial acts in civil cases, except for judicial acts on the merits of the case on declaring a legal person or a citizen bankrupt and on instituting competitive proceedings, as well as judicial acts of the Administrative Court of the Republic of Armenia, except for judicial acts in cases provided for by Chapter 24 of the Administrative Procedure Code of the Republic of Armenia;

(2)    court judgments and decisions in criminal cases with respect to fines, confiscation of property and levy of execution on property;

(3)    awards of arbitral tribunals;

(4)    judgments, awards and decisions in civil and economic cases of foreign courts and arbitral tribunals, as well as judgments and decisions in criminal cases of foreign courts with respect to compensation of damage and other levy of execution on property, in cases provided for by international treaties of the Republic of Armenia;

(5)    civil judgments and decisions of an international court to which the Republic of Armenia is a member (party), as well as awards and decisions in civil and economic cases of international arbitral tribunals;

(6)    decisions of the Financial System Mediator;

(7)    inappealable administrative acts, as prescribed by Chapter 13 of the Law of the Republic of Armenia “On fundamentals of administration and administrative proceedings”;

(8)    endorsed writ of execution.

(9)    decisions of the Supreme Judicial Council, in cases prescribed by point 1 of part 4 and by part 5 of Article 151 of the Constitutional Law “Judicial Code”.

(10)  administrative acts obliging to perform certain actions or coercing to refrain from performing certain actions and decisions on placing attachment of the Commission for the Protection of Economic Competition, in the manner prescribed by this Law and the Law “On protection of economic competition”;

(11) administrative acts obliging to perform certain actions or coercing to refrain from performing certain actions and decisions on placing attachment of the Public Services Regulatory Commission of the Republic of Armenia, in the manner prescribed by this Law and the Law of the Republic of Armenia “On Public Services Regulatory Authority;

(12)   the administrative act on demolition;

(13)   the decision of a prosecutor on making the pledge a state revenue.

The compulsory enforcement officer shall institute enforcement proceedings only where there exists one of the grounds for applying the compulsory enforcement measures provided for by Article 4 of the same law. Those grounds shall be:

• the writ of execution;
• the endorsed writ of execution;
• the application submitted in conformity with the requirements of part 4 of Article 88 of the Law of the Republic of Armenia “On fundamentals of administration and administrative proceedings”;
• the decision containing assignments given by the Commission for the Protection of Economic Competition;
• the application on sending for compulsory enforcement in the manner provided for by the Law “On protection of economic competition”;
• the application on sending the administrative act on demolition for compulsory enforcement;
• the application on sending the decision of the Public Services Regulatory Commission of the Republic of Armenia for compulsory enforcement in the manner provided for by the Law of the Republic of Armenia “On Public Services Regulatory Authority”;
• the application on sending the decision of a prosecutor on making the pledge a state revenue for compulsory enforcement.

The compulsory enforcement officer shall render a decision on instituting enforcement proceedings within a period of three days following the day of receipt, by electronic means, of the writ of execution from the court, and in case of judicial acts subject to immediate execution — within a period of three days following the immediate receipt of the endorsed writ of execution from the claimant (his or her representative) or following the day of receipt of the letter on compulsory enforcement from the administrative body (Article 30, part 1 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”).

The application for receipt of the writ of execution can be submitted within a year following entry into legal force of the judicial act, rendering of the award by the arbitral tribunal, expiry of the time limit for adjournment of the judicial act, rendering of the decision by the court on restoring the missed time limit for submitting the writ of execution for enforcement or after the decision of the Financial System Mediator has become binding. The endorsed writ of execution can be submitted for compulsory enforcement within a month following its provision, and the administrative act — within three months after it has become inappealable.

Monetary claims shall be submitted for compulsory enforcement within
a three-month period after the administrative act has become inappealable in accordance with Article 88 of the law of the Republic of Armenia “On fundamentals of administration and administrative proceedings”, and in case of deferral of enforcement of the administrative act or phased enforcement thereof — within a three-month period following the expiry of the time limit of deferral of enforcement or phased enforcement thereof.

In accordance with Article 71 of the Law of the Republic of Armenia “On fundamentals of administration and administrative proceedings” the administrative act, as a common rule, shall become inappealable in case of failure to lodge an administrative complaint within two months following its entry into force.

Applications, complaints, requests and other documents addressed to the Service may be submitted both in hard copy and electronically through https://e-request.am/hy/ unified platform of electronic requests.

Information on the progress of applications, complaints, requests may be received by contacting the compulsory enforcement officer conducting the proceedings or calling on relevant subdivision of the Service in the city of Yerevan or marzes, with which the application, complaint or request have been lodged. Where it is not possible to find out which territorial subdivision is considering the application, complaint or request, one may find it out by calling the phone number 060-713-433 (internal number 00142) of the General Division of the Service.

The time-limit for provision of responses to applications, complaints or requests received by the Service may be varied depending on the content of the application.

The response to the written request on provision of information submitted within the context of the Law of the Republic of Armenia “On the freedom of information” shall be given within the following time-limits:

(1)    where the information indicated in the written request is not published, its copy shall be provided to the applicant within a 5 day-period after receiving the request;

(2)    where the information indicated in the written request is published, the information on the means, venue and time-limit of such publication shall be provided to the applicant within a 5 day-period after receiving the request;

(3)    where provision of information indicated in the written request requires additional work, such information shall be provided to the applicant within a 30-day period after receiving the application, whereof the applicant shall be informed in writing within a 5-day period after receiving the request, by mentioning the reasons for the delay and the deadline for provision of the information;

The administrative proceedings instituted on the basis of applications or complaints serving as a basis for instituting the administrative proceedings by the Compulsory Enforcement Service shall be completed and the administrative act shall be adopted within a 30-day period following institution of administrative proceedings on the fact of submittal of the application, except for cases of extension of the time-limit of the administrative proceedings on the grounds prescribed by law.

In case of submitting applications which include factual circumstances and (or) evidences serving as grounds for making a particular decision by the compulsory enforcement officer, the relevant decision based on such application shall be made by the compulsory enforcement officer within a three-day period from the day when the circumstances forming the basis for that decision became known to the compulsory enforcement officer (the application was received), unless a shorter time-limit is provided for by law.

A citizen may get familiar with enforcement proceedings instituted with regard to him or her from the My profile section of the website by entering the relevant data. The Citizens can use the guide to register on the platform.

The compulsory enforcement officer imposes an attachment on the property and/or monetary funds of a debtor in the amount of the obligation immediately after instituting enforcement proceedings. The copy of the decision of the compulsory enforcement officer shall be sent to the claimant and the debtor, not later than within a three-day period after the decision was rendered.

You can get information on the inappealable act serving as a basis for institution of enforcement proceedings (the number, date of the decision, the amount of debt) through https://e-request.am/hy/ unified platform of electronic requests by submitting a request to the Service mandatorily specifying in it your Public Service Number (PSN). You can also register on the  My profile platform.

You may find the addresses and telephone numbers of Yerevan city and marz divisions of the Compulsory Enforcement Service in the section “Addresses and Telephone Numbers” of the website of the Service or be informed by calling the phone number 060-713-500.

A Quick Service Office operates in the Compulsory Enforcement Service, where the citizen can make payments under instituted enforcement proceedings. The citizen can also make payments electronically by registering on the My profile and Payment and Termination platforms of the official website of the Service. The payments may be made via banks, ARCA system, IDRAM, EASYPAY, TELCELL, MOBIDRAM payment settlement terminals, E-payments.am Public Electronic Payment System.

By contacting the Rapid Response Group #Your_Attachment, in cases permitted by law, you can get complete information about the attachments imposed on you or your client and resolve the following issues as soon as possible, without visiting the Service or submitting a written application:

• adjusting the payments made and finding out the reasons for not lifting the attachment;
• reviewing the attachments imposed proportionate to the obligations fulfilled;
• lifting the attachment imposed or maintained groundlessly;
• detaching monetary funds not subject to levy of execution;
• lifting the attachment from salary or other income or reviewing the amount of the attachment;
• charging the funds frozen in banks, lifting other attachments imposed and terminating the proceeding;
• receiving information on the process of execution of interim judicial acts related to securing of the claim.

By calling Yerevan city and marz divisions of the Service you may get information on specific enforcement proceedings instituted against you, on the progress of applications, complaints or requests submitted to the Yerevan city or marz divisions of the Service.

You may call the Service Hotline to receive general information on enforcement proceedings, to find out the subdivision of the Service, where the enforcement proceedings against you take place, as well as the compulsory enforcement officer conducting the proceeding. You may also contact the Hotline for all issues requiring rapid response and being beyond the competence of the Rapid Response Group #Your_Attachment.

The decisions, actions or inaction of the compulsory enforcement officer may be appealed by way of superiority to the Head of the relevant subdivision of Yerevan city or marzes of the Service. The decisions of the Head of the subdivision may be appealed by way of superiority to the Chief Compulsory Enforcement Officer.

Complaints may be submitted through the https://e-request.am/hy/unified platform of electronic requests, as well as in hard copies.

Along with institution of proceedings, the compulsory enforcement officer imposes an attachment on the property of the debtor in the amount of his or her obligation, by electronically forwarding the decision on imposing an attachment to relevant bodies and commercial banks, so as to limit the debtor’s right to disposal of property and to exclude alienation of the property by the debtor upon being notified on institution of enforcement proceedings prior to imposition of an attachment.

The compulsory enforcement officer shall forward the decisions made by him or her, including the decision on institution of enforcement proceedings and imposing of attachment not later, than within a three-day period following rendering of the decision, in accordance with the procedure stipulated by Article 28.1 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts” to the claimant and the debtor. The procedure stipulated by Article 28․1 includes notification by post as a means of notification. The attachment imposed on the property is applied electronically, while notification on attachments to the debtor by post requires certain time-period, on account of which the debtor shall be notified on the attachments later than they are imposed.

Upon receiving the acts subject to compulsory enforcement, the compulsory enforcement officer is obliged to institute enforcement proceedings and apply coercive measures, where no grounds for returning those acts to the claimant or the court provided for by Articles 31, 31.1, 31.2, 31.3 and 31․4 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts” exist. Pursuant to part 4 of Article 88 of the Law of the Republic of Armenia “On fundamentals of administration and administrative proceedings”, upon submittal of monetary claims for compulsory enforcement, the administrative body submits the relevant administrative act supporting the monetary claims, evidences certifying awareness on that act in the manner prescribed by law, or delivery of that act to the addressee in the manner prescribed by other laws, or proper notification thereof in any other way (…).

In case of failure to provide evidences certifying awareness on the administrative act in the manner prescribed by law or delivery of that act to the addressee in the manner prescribed by other laws, or proper notification thereof in any other way, no enforcement proceedings may be instituted on the basis of inappealable administrative act, and where such an evidence has not been provided, the compulsory enforcement officer shall be obliged to return submitted documents to the administrative body (Article 31․1 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”).

As for the cases of instituting enforcement proceedings on the basis of the writ of execution, the compulsory enforcement officer is not endowed with the power of checking whether the person was notified during examination of the case at the court or not, therefore the compulsory enforcement officer has no appropriate toolkit, and the writ of execution may be returned only in cases prescribed by Article 31 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”.

A citizen may get familiar with enforcement proceedings instituted with regard to him or her from My Profile section of the website by entering the relevant data.

Attachment on the property of the debtor, for securing the claim, shall be applied in the following sequence:

(1)    in case the debtor is a legal person:

(a)    immovable property;

(b)    fixed assets not directly involved in production;

(c)    semi-finished products, including raw material, materials, intermediate products;

(d)    finished products;

(e)    movable property.

(2)    in case the debtor is a natural person:

(a)    immovable property;

(b)    movable property.

In case of deficiency or insufficiency of the above-mentioned property of the debtor, the attachment is imposed on the monetary funds belonging to the debtor (Article 44․3 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”).

By the time of institution of enforcement proceedings the compulsory enforcement officer has no information on property belonging to the debtor and on whether the value of property of a certain category covers the value of the claim, or is more or less than it actually is. Therefore, practically there might be situations where a property to a certain extent exceeding the value of the claim is attached as a security of the claim, subsequently, based on the potential value of the attached property the attachment is lifted from the consequent category of the property and is maintained only for the property having a value equal to the value of the claim.

Levy of execution under the writ of execution shall be first of all performed on the monetary funds of the debtor, in case of lack of monetary funds — on the pledged property for securing the claim of the claimant, subsequently on other property belonging to the debtor, except for the property which — according to the law — may not be levied in execution.

Levy of execution on other property of the debtor shall be performed in the following order, unless otherwise provided for by the writ of execution:

(1)    in case the debtor is a legal person:

(a)    fixed assets not directly involved in production;

(b)    finished products;

(c)    semi-finished products, including raw material, materials, intermediate products;

(d)    other property (including immovable property);

(2)    in case the debtor is a natural person:

(a)    movable property;

(b)    immovable property.

Levy of execution on the property under each consequent category shall be performed only after levy of execution on the property under the preceding category. Without levy of execution on the property in the preceding category, levy of execution against the property in the subsequent category may be performed where it is obvious that the value of the property in the preceding category is insufficient for satisfying the claims or it is impossible to find out the whereabouts of the property in the preceding category, and all the measures — permitted by law — undertaken by the compulsory enforcement officer or the claimant have been in vain or the fifteenth compulsory auction of the property in the preceding category has been frustrated.

Where the same category contains various types of property, the sequence of enforcing the levy of execution thereon shall be decided by the compulsory enforcement officer (Article 43, part 3 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”).

For the purpose of fulfilment of the obligation secured by a pledge, the levy of execution shall be enforced only on the pledge, unless the writ of execution contains an indication about an opportunity to enforce the levy of execution on another property of the debtor.

Part 1 of Article 201 of the Civil Code of the Republic of Armenia constitutes the basis for imposing attachment, during the enforcement proceedings, on the property of the spouse of the debtor acquired after marriage, pursuant to which the property acquired by spouses in the course of marriage is their joint ownership, unless otherwise provided for by law or by the contract between them.

The subsequent procedure of enforcing levy of execution during the enforcement proceedings against the debtor’s share of the spouse of the debtor in the property belonging to the debtor by the right of common ownership shall be implemented based on the legal regulations prescribed by Article 47.1 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts” and Article 201 of the Civil Code of the Republic of Armenia on enforcing levy of execution against the property of common shared ownership or joint ownership.

Where there exist the grounds prescribed by Article 44․1 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, the compulsory enforcement officer is obliged to take a decision on lifting the attachment on the property of the debtor. The decision on striking out of enforcement proceedings and lifting the attachment on the property, along with other decisions of the compulsory enforcement officer being taken during enforcement actions, shall be taken within a three-day period from the day when the facts serving as grounds for that decision became known, unless a shorter period is stipulated (Article 28, part 1 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”). The decision on lifting the attachment on the property shall be immediately forwarded to the competent state bodies and commercial banks to lift the imposed attachments. The period of actual lifting of imposed attachments after forwarding the decision on lifting the attachments on the property to competent bodies and commercial banks depends on the internal procedures of those bodies and is beyond the competence of the Service.

If the citizen has paid the full amount subject to levy of execution under enforcement proceedings, but the attachments imposed remain in effect, it’s necessary to contact the compulsory enforcement officer and clarify the reasons for not lifting the attachment (it’s possible that enforcement proceedings may have also been instituted for levy of execution of other debts of the same person).

In case contacting the compulsory enforcement officer is impossible, you should establish contact with the Rapid Response Group #Your_Attachment sending an electronic message to [email protected] electronic mail or dialling 88-29 phone number.

Levy of execution on debtor’s salary and other types of income shall be enforced, where:

(1)    the debtor has no monetary funds, immovable or movable property or the existing property is not sufficient to fully cover the amount being levied;

(2)    a judgment on levy of regular payments (e.g. levying alimony in execution) is being enforced;

(3)    in case of lack or insufficiency of monetary funds of the debtor under enforcement proceedings instituted upon the claim with an amount of up to AMD 200 000 subject to levy of execution — irrespective of existence of movable and immovable property (Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, Article 56).

In case there exist grounds prescribed by law, a compulsory enforcement officer has the right to apply levy of execution upon the salary and other equivalent payments, the funded and voluntary funded pensions, scholarship and royalties, as well as the state pensions of the debtor, but upon a certain percentage of them, not the whole amount, until fully covering the amounts being levied in execution. In particular:

–       up to 50% may be deducted from the salary and other equivalent payments, the funded and voluntary funded pensions, scholarship and royalties of the debtor;

–       up to 75% may be deducted from the salary and other equivalent payments, funded pensions and voluntary funded pensions, scholarship and royalties, when the levy of execution is imposed to pay the alimony and compensation amounts for the damage caused to health, damage resulting from the loss of the breadwinner or damage caused as a result of a crime;

–       up to 30% may be deducted from the state pension of a debtor.

In the enforcement of a writ of execution, not more than 30 % may, on the basis of a quarterly statement of information issued by a military unit performing combat duty, be deducted from the cash security of the debtor-military serviceman involved in performance of combat duty along the line of contact with the adversary, except for the case provided for by point 11 of Article 60 of this Law, as well as from his or her salary and other equivalent payments until fully covering the amount being levied in execution.

It’s possible that when imposing an attachment on the bank accounts of a debtor, the compulsory enforcement officer will not possess information on whether the debtor receives salary or other income on those accounts or not. Thus, if attachment has been imposed on the total salary or other income of a citizen, in order to fully or partially lift the attachment imposed thereon, it is necessary to submit to the compulsory enforcement officer a statement of information from the workplace (or other income payer) also indicating the amount of salary (income), the bank through which the salary (income) is received and the account number (account number of employer or other income payer) from which the salary or other income is transferred.

The decision on partial lifting of the attachment applied on the salary of the debtor, among other decisions of the compulsory enforcement officer, shall be taken within a three-day period from the day the circumstances serving as a ground for that became known (part 1 of Article 28 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”).

Execution may not be levied on the following items of property belonging to the debtor-citizen:

(1)    used home appliances, clothing, footwear, linen, bedding and childrenwear, except for luxurious objects and those objects which are made of precious materials or have historical or artistic value;

(2)    objects, manuals, and books necessary for professional studies of the debtor, except for cases when the debtor has, by a court judgement, been deprived of the right to engage in a certain activity, and except for objects which are made of precious materials or have historical or artistic value;

(3)    pets (2 units), poultry (10 units) not considered a subject of entrepreneurial activity of the debtor, as well as feeding stuff and seeds necessary for successive planting, belonging to debtors whose main occupation is agriculture;

(4)    items of property having a value of up to AMD 5000, unless they constitute one single group;

(5)    special transportation means designed for disabled persons, as well as adapted to their abilities, rehabilitation technical means and other auxiliary appliances, the use of which is conditioned by capabilities of the debtor;

(6)    the only residence (including the homestead land and auxiliary structures on that land, constituting one unified property unit together with the residence) or a share thereof, which is the only place of permanent residence for the debtor, and the initial price of which is equal to or lower than the minimum amount for sale of the only residence, prescribed by the Government of the Republic of Armenia, except for the cases envisaged by part 2 of Article 51 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”;

(7)    the minimum amount for sale of the only residence, prescribed by the Government of the Republic of Armenia, which shall be subject to return to the debtor;

(8)    property provided as social support (Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, Article 51).

The property that provides real opportunity to meet the needs for food, rest, medical treatment, hygiene and other daily household needs of the debtor-citizen and the family of the latter is considered to be property of household use. The property of household use shall not be subject to levy of execution, where it is actually used by the debtor or the person cohabitating with the latter (actual use criterion) and the debtor has no other property, which may substitute the property subject to levy of execution (substitutability criterion).

Where the debtor has several units of property of the same kind, only the property the existence whereof is enough to meet the relevant needs, shall not be subject to levy of execution (criterion of singularity). The property shall be considered to be a property of household use and shall not be subject to levy of execution also where the debtor has special needs (related to health condition, physiological peculia­rities, age), on the ground of which the property is inevitably required to meet the special needs of the debtor, for example, massaging devices for a debtor who has spinal disease, an expensive anti-allergenic vacuum cleaner and other property (criterion of pressing need).

The property provided to a person (family, other social group) for the purpose of preventing or overcoming the difficult life situation within the scope of one or several social support projects (services) defined by the Law of the Republic of Armenia and (or) one or several social support projects implemented by the Republic of Armenia and by the local self-government body is considered property provided as social support.

The compulsory enforcement officer shall not levy execution during enforcement proceedings only on residence (including the homestead land and auxiliary structures on that land, forming one unified property unit together with the residence) or a share thereof, which is the only place of permanent residence for the debtor, and the initial price of which is equal to or lower than the minimum amount for sale of the only residence, prescribed by the Government of the Republic of Armenia. Where the only residence is sold for the price exceeding the amount prescribed by the decision of the Government of the Republic of Armenia, the amount for sale of the only residence, prescribed by the Government of the Republic of Armenia shall be returned to the debtor.

Legal relations related to levy of execution upon the only residence of the debtor shall be regulated by Article 51 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts” and Decision of the Government of the Republic of Armenia No 808-N of 13 July 2017. Moreover, the legislative body has defined that the provisions on the only shelter shall be solely extended on the enforcement proceedings instituted after 28 February 2017.

Pursuant to the legislation in effect, during the enforcement proceedings execution shall not be levied on the only residence belonging to the debtor-citizen in case of simultaneous existence of the following conditions:

• the residence is the only residence of the debtor;
• the residence is the permanent place of residence of the debtor;
• the starting price of the residence is equal to or lower than AMD 4 900 000 (where the debtor is the only owner of the property).

In case of joint ownership on the residence the minimum amount of the debtor’s share shall be calculated by the product of AMD 4 900 000 and the share of the debtor-citizen in the residence.

Moreover, the prohibition to carry out levy of execution on the only residence shall not be extended on and that property shall not be subject to levy of execution, where:

(1)    the property is pledged to secure the claim of the claimant;

(2)    alimony claims, claims for compensation of damages caused to life or health or of damages caused as a consequence of crime are satisfied;

(3)    in the stage of securing the claim, execution of the judgment or enforcement of the decision of the administrative body on imposing attachment on the debtor’s property, more than one residence (including the homestead land and auxiliary structures on that land, constituting one unified property unit together with the residence) or a share thereof, belonged to the debtor by the right of ownership, and the debtor later alienated them, retaining the right of ownership over one residence (including the homestead land and auxiliary structures on that land, constituting one unified property unit together with the residence) or a share thereof (part 2 of Article 51 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”).

Pursuant to Article 60 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, execution may not be levied on the monetary funds, which are paid:

(1)    for compensation of damage caused to health as well as damage resulting from the loss of the breadwinner;

(2)    for alimony obligations;

(3)    as state allowances or social support;

(4)    to persons for disability (wound, concussion, injury) acquired while performing their official duties or in case of their death — to their families;

(5)    as a compensation to persons working in harmful or extremely hard conditions;

(6)    disabled persons;

(7)    to the victim for supplementary food, health resort treatment, prosthetic repair and his or her care;

(8)    as a dismissal benefit in case of dismissal from office;

(9)    as cash security to military servicemen of the staff of rank and file and junior non-commissioned officers of compulsory military service, as well as to cadets and students studying in military-educational and police educational institutions;

(10)  as honorarium to military servicemen who have undergone compulsory military service in the place and conditions indicated by the Ministry of Defence of the Republic of Armenia.

The attachment imposed on the property of the debtor, including his or her vehicles, shall be subject to lifting solely in case of existence of grounds provided for by Article 44․1 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, therefore, where one of the grounds for lifting the attachment applied on the property exists, it’s necessary to apply to the Compulsory Enforcement Service presenting those grounds and (or) proof thereof.

The inventory is taken:

(1)    with the purpose of ensuring the preservation and subsequent handing over to the claimant or realisation of the debtor’s property or the property belonging to the plaintiff (claimant) and held by the debtor;

(2)    in case of execution of a court judgement on confiscation of debtor’s property;

(3)    in case of execution of a court judgement on imposing an attachment on the property belonging to the respondent and held by him/her or other persons, or;

(4)    in case of execution of an administrative authority’s decision on imposing an attachment on the property belonging to the respondent, for the purpose of ensuring the fulfilment of public monetary claims.

In case of a debtor-natural person, the inventory-taking for proceedings initiated upon the claims with an amount of up to AMD 100 000 subject to levy in execution shall be carried out, where as a result of the inquiries prescribed by the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, property (monetary funds, salary, other income subject to levy in execution, vehicles) belonging to the debtor has not been found or the property found is not sufficient for fulfilling the obligations.

The compulsory enforcement officer is obliged to take inventory of any property found in the place of inventory-taking, except for the property which is not subject to inventory taking. Any movable property available in the place of inventory taking shall be considered to be the ownership of the debtor, as long as the debtor or other person has not submitted evidence substantiating the contrary. In case a dispute arises on the ownership of the property under attachment, the interested party shall have the right to bring an action on lifting the attachment on the property before the first instance court of the place of location of the property. The action on lifting the attachment on the property may be brought both by the owner of the property and the legal possessor thereof (Article 45 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”).

Pursuant to part 4 of Article 40 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, search for a debtor-natural person, as well as debtor-legal person or head of the executive body thereof or the person declared as competent (hereinafter referred to as competent person) by law, statute of the legal person or other internal legal act, shall be performed only in cases when his or her absence makes the performance of enforcement actions impossible.

Where a search has been declared for you, it is necessary to contact (including by electronic means through the https://e-request.am/hy/ unified platform of online requests) the compulsory enforcement officer who conducts the enforcement proceedings instituted against you and perform the necessary actions mentioned by the compulsory enforcement officer which serve as a ground for declaring search, whereafter the declared search will be terminated by a relevant decision of the compulsory enforcement officer.

In case of declaring search for the debtor, currently abroad, it’s necessary to contact (including by electronic means through the https://e-request.am/hy/unified platform of online requests) the compulsory enforcement officer who conducts the enforcement proceedings instituted against you and perform the necessary actions mentioned by the compulsory enforcement officer which serve as a ground for declaring search, whereafter the declared search will be terminated by a relevant decision of the compulsory enforcement officer.

Where enforcement proceedings are instituted against you and you wish to leave the Republic of Armenia, prior to leaving it’s necessary to contact (including by electronic means through the https://e-request.am/hy/unified platform of online requests) the compulsory enforcement officer who carries out the enforcement proceedings and provide the address, e-mail or other contact data to enable further proper notification to you on documents subject to notification during the enforcement proceedings and to exclude the declaring of search for you.

Where a search has been declared for you, and you wish to leave the Republic of Armenia, prior to leaving it’s necessary to contact (including by electronic means through the https://e-request.am/hy/ unified platform of online requests) the compulsory enforcement officer who carries out the enforcement proceedings and provide address, e-mail or other contact data to enable further proper notification to you on documents subject to notification during the enforcement proceedings and to exclude the declaring of search for you, whereafter the declared search will be terminated by a relevant decision of the compulsory enforcement officer.

If a search has been declared for the vehicle belonging to you, it’s necessary to contact (including by electronic means through the https://e-request.am/hy/unified portal of online requests) the compulsory enforcement officer who carries out the enforcement proceedings and perform the necessary actions mentioned by the compulsory enforcement officer which serve as a ground for declaring search, whereafter the declared search for the vehicle will be terminated by a relevant decision of the compulsory enforcement officer.

A citizen can find out whether a vehicle belonging to him/her has been declared wanted from the Wanted platform by entering the Public Service Number (PS), vehicle registration number or other permissible data.

To get acquainted with the details of the search, to make online payments if necessary, to follow the unblocking process, to see the updates of the enforcement proceedings, to be immediately notified by e-mail, the citizen can register on the My profile platform by creating his / her personal account.

The only way to terminate the search for a vehicle is the voluntary execution of an enforceable act and the enforcement of a decision by a compulsory enforcement officer.

Payment obligations can be fulfilled in one of the following ways:

• online payment, directly from the Personal Account;
  through the nearest payment and settlement terminal;
• in one of the civil centers or departments of “Haypost”;
• in the Enforcement Service.

When fulfilling obligations in one of the above ways, the enforcement proceedings initiated against you will be terminated, the search for the vehicle announced in relation to the vehicle will automatically stop no later than before the end of the current working day.

If the obligation is not payable, the Enforcement Service should be contacted immediately:

through a single platform for electronic requests e-request.am,
by calling the hotline of the Service at 88-19 or by visiting the head office or the nearest regional division of the Service.

Expenses of carrying out enforcement actions are the means spent by the compulsory enforcement officer for arranging and carrying out such actions, as well as means spent by the parties to enforcement proceedings and other persons (Article 66 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”).

Expenses of carrying out enforcement actions are means that have been spent for:

(1)    discovery, examination, imposing attachment, transportation, putting into storage, evaluation and realisation of the debtor’s property;

(2)    remunerating the experts;

(3)    transferring to the claimant the amounts levied in execution;

(4)    searching for the debtor and/or his property;

(5)    carrying out other enforcement actions.

Expenses of carrying out enforcement actions are levied in execution from the debtor, and in cases provided by law — from the claimant.

Pursuant to Article 67 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, expenses of carrying out enforcement actions shall be levied from the debtor:

(a)    in the amount of 5 per cent of the amount intended for satisfying the claim in the amount of AMD 100 000 and more in enforcement proceedings of property nature, and in the amount of five per cent of the property’s value in case of delivery of property;

(b)    in the amount of AMD 5 000 in enforcement proceedings intended for satisfying a claim in the amount of AMD 10 000 to AMD 100 000 and in enforcement proceedings of non-property nature;

(c)    in the amount of 50 per cent of the amount levied in execution in enforcement proceedings of property nature for satisfying a claim of up to AMD 10 000.

The expenses of enforcement actions are levied in execution from the claimant in the following cases and amount:

(a)    where the enforcement proceedings have been closed upon returning the writ of execution at the claimant’s request, or where the enforcement proceedings have been struck out or closed based on the claimant’s application — in the amount of actually incurred enforcement expenses. The levied amount may not be less than one per cent of the amount subject to levy of execution.

(b)    where the enforcement proceedings have been struck out as a result of refusal by the claimant to receive the property which had been seized while enforcing the writ of execution on transfer from the debtor to the claimant.

In the case envisaged by part 9 of Article 44.3 of the law of the Republic of Armenia “On compulsory enforcement of judicial acts” the enforcement expenses for carrying out of expert examination envisaged by part 8 of Article 44.3 of the same law shall be levied in execution from the debtor, and in the case provided for by part 10 of the same Article — from the claimant.

Pursuant to Article 67 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, the amount of enforcement expenses charged under enforcement proceedings of non-property nature is AMD 5000. Where actual expenses of enforcement actions under enforcement proceedings of non-property nature exceed AMD 5 000, the overall actual expenses shall be levied in execution from the debtor.

Pursuant to part 2 of Article 67 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts” no expenses of carrying out enforcement actions shall be levied in execution under alimony enforcement proceedings, enforcement proceedings on levy of execution on salary and under enforcement proceedings instituted for compensation of damage caused to life and health.

No enforcement actions shall be levied in execution also in the case when the enforcement proceedings have been struck out on one of the grounds prescribed by points 11-14 of part 1 of Article 42 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”.

Enforcement proceedings are closed in the case, where the obligation serving as grounds for the enforcement proceedings continues to exist, but the compulsory enforcement officer currently cannot carry out other enforcement proceedings under the given enforcement proceedings by virtue of certain circumstances (for example it is impossible to find out the whereabouts of the debtor or its property, and all the measures — permitted by law — undertaken by the compulsory enforcement officer and (or) the claimant have been in vain). The grounds for closure of the enforcement proceedings are set by Article 41 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”. In case of closure of enforcement proceedings the attachments imposed are not subject to lifting, except for the cases, where the proceedings are closed on the ground of returning the enforceable act to the claimant upon his or her request. The closed enforcement proceedings may be reinstated in cases prescribed by the law.

Unlike closure of enforcement proceedings, enforcement proceedings are struck out only in cases, when the obligation serving as a ground for proceedings has terminated on the grounds defined by law (for example the debtor has fulfilled the obligation or the debtor and the claimant have concluded a conciliation agreement in the manner prescribed by law). The grounds for striking out of the enforcement proceedings are defined by Article 42 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, on the basis whereof the attachments applied on the property of the debtor are lifted in case of striking out of enforcement proceedings. Unlike closed proceedings, struck out enforcement proceedings cannot be reinstated, except for cases provided for by law.

The Compulsory enforcement officer, receiving the letter on compulsory enforcement forwarded by the administrative body for implementation of the inappealable administrative act, is obliged to institute enforcement proceedings and apply relevant compulsory enforcement measures, unless one of the grounds for returning the claimant that act, provided for by Article 31․1 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts” exists. Moreover, at the moment of institution of enforcement proceedings the compulsory enforcement officer shall not be entitled to check whether the obligation is fulfilled or not.

If enforcement proceedings are instituted against you, but you have paid the amount subject to levy of execution on the basis of inappealable administrative act prior to institution of enforcement proceedings, evidence confirming the payment must be submitted to the Compulsory Enforcement Service (including electronically through https://e-request.am/en/platform) based on which the enforcement proceedings instituted against that act will be subject to striking out without levy of execution of enforcement expenses (Article 42 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, part 1, point 11).

Pursuant to legislation in effect, in case of failure to fulfil or improper fulfilment by a debtor of an obligation secured by suretyship, the surety and the debtor shall bear joint and several liability against the creditor, unless subsidiary liability of the surety is envisaged by law or the suretyship contract. The surety shall bear liability against the debtor to the same extent as the debtor, including payment of interests, court expenses connected to levying the debt in execution, compensation for other damages of the creditor incurred as a consequence of failure to fulfil or improper fulfilment of obligation by the debtor, unless otherwise provided for by the suretyship contract (Article 377 of the Civil Code of the Republic of Armenia, parts 1 and 2).

The compulsory enforcement officer cannot, on his own initiative, involve the surety in enforcement proceedings or institute enforcement proceedings against him or her, and shall institute enforcement proceedings against the person standing surety under suretyship contract for compulsory enforcement of liabilities that stem from the contract in the case, when he or she receives a writ of execution from the court or an endorsed writ of execution is submitted, where the surety is referred to as the debtor.

The Compulsory Enforcement Service shall carry out eviction only in the following cases:

1. 1. A writ of execution or an endorsed writ of execution, provided on the basis of judicial act on eviction, is available;
2. 2. When fully placing the residences, residential houses and other immovable property on auction, the compulsory enforcement officer has taken a decision to evict — prior to the holding of the auction and upon his or her decision — the debtor-owner occupying the residence, the residential house or other immovable property, as well as those persons whose right to use is not registered as prescribed by law.
3. 3. At the request of the new owner of the residence, residential house or other immovable property alienated through forced (forced electronic) auction or transferred to the claimant in case of failure to sell the lot after the second and any subsequent auction, the compulsory enforcement officer shall be obliged to evict, upon his or her decision, the debtor-former owner occupying the residence, residential house or other immovable property, as well as those persons whose right to use is not registered as prescribed by law (Articles 64 and 64.1 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”).

Prior to appointing the date for eviction actions, the compulsory enforcement officer offers the persons subject to eviction to voluntarily vacate the immovable property, granting a certain time limit. In case of failure by the persons subject to eviction to voluntarily vacate the residence or other immovable property after the expiry of the mentioned time limit, the compulsory enforcement officer shall take a decision on eviction, appointing the compulsory enforcement date. The compulsory enforcement officer shall promptly notify the debtor the date and time of forced eviction.

Pursuant to Article 64.1 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, the new owner of the property may submit the eviction claim against the property purchased through forced auction not later than within a year following the state registration of the right of ownership of the property. Eviction may, after expiry of the mentioned time limit, be carried out on the basis of relevant writ of execution.

When applying levy of execution of the property of the debtor, the compulsory enforcement officer renders a decision on forced electronic auction, which is forwarded to the parties to proceedings as provided for by Article 28․1 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”, pursuant to which the notification shall be considered as prompt, where the person has refused to receive the postal delivery or the postal delivery sent to the address indicated by the party has been returned, or in case of being sent by registered mail, the compulsory enforcement officer did not receive the feedback notification (notification receipt) within a period of two weeks from the day of sending. In the mentioned cases the compulsory enforcement officer shall send the postal delivery to other addresses existing in enforcement proceedings, meanwhile posting the decision on the official website of public notifications of the Republic of Armenia. The documents shall be deemed to be handed over (received) on the fifth day following the performance of those actions.

Thus, in case if the decision on forced electronic auction is considered to be handed over to the debtor (received by the latter), the absence of the debtor cannot become an obstacle for realisation of the property through public bids.