The Ministry of Justice of the Republic of Armenia has put the package of the drafts of the Law “On making amendments and supplements to the Law “On compulsory enforcement of judicial acts”” and related laws up for public hearing, according to which:
- it is proposed to replace the concept of writ of execution with an adequate and more economic means — an application for compulsory enforcement submitted by the creditor to the Compulsory Enforcement Service;
- a minimum two-week period following the supposed entry into legal force of the judicial act has been set, after which it will be possible to submit the application for compulsory enforcement of the final judicial act;
- a requirement to place the expenses for enforcement on the creditor has been envisaged, where it becomes clear that, at the moment of submitting the application for compulsory enforcement, the act subject to compulsory enforcement has been enforced, that is, the creditor has misused his or her right to request compulsory enforcement of the judicial act;
- legal regulations for submitting an electronic application for compulsory enforcement, as well as for receiving, by compulsory enforcement officers, electronic information from courts required for instituting enforcement proceedings.
Adoption of the drafts will allow reducing the excessive workload of courts which is due to the issuing writs of execution and facilitate the process of instituting enforcement proceedings by creditors.
Taking into consideration the special significance of the solutions proposed under the package of drafts put up for hearing from the perspective of ensuring the right to effective judicial protection, we ask all interested persons and bodies to show active participation in the public hearing process, as well as submit comments and suggestions regarding the drafts within the prescribed period, if there are any.