HOW THE CENTRAL AUTHORITY WORKS IN ARMENIA

This article will provide guidance on How the central authority works in Armenia.  Service of process across national boundaries is simplified by the Hague Service Convention, an international convention signed in 1965 in The Hague, Netherlands. It makes serving legal and non-legal papers to foreign people and organizations easier and more standardized. Armenia is one of several nations that have signed on as participants in this conference. The ‘Central authority’ refers to the official government department tasked with processing requests for Armenia Process Service and accompanying papers in accordance with the Hague Service Convention. Click here for How the Hague Convention Simplifies International Process Service.

Armenia and the United States are signatories of the Hague Service Convention.  The U.S. Department of State in Washington, D.C., can issue an apostille to authenticate federally issued documents for use in countries that are members of the Convention. It can be difficult to ensure that documents are served according to the laws of the originating and the receiving state. At Undisputed Legal, we understand the difficulties involved in the international service of documents. We aim to uphold your trust by providing efficient service of your papers that does not sacrifice quality. Click Here for Frequently Asked Questions About Process Servers!

Background

The Ministry of Justice of Armenia is a government agency responsible for implementing policies related to laws and regulations in Armenia.  The ministry was established in 1918 by the government of Hovhannes Kajaznuni in the Republic of Armenia. The Ministry of Justice in Armenia is responsible for developing and implementing government policies in specific sectors within its authority. It operates by laws, legal acts, and regulations: Undisputed Legal’s process servers have local legal knowledge within Armenia since this can confuse individuals. We understand the importance of adhering to regional and international legal paradigms, so we always keep you in the loop.  Click here for information on How Process Servers Protect Your Rights: Myths Debunked.

The Armenian Code of Civil Procedure outlines the procedures for civil administration of justice in the Trial Court, the Appeal Court, and the Court of Cassation in Yerevan, Armenia. Civil legal proceedings are conducted based on the applicable law when considering the case or initiating a separate legal proceeding.

Individuals have the right to pursue legal action by the established procedure outlined in the Armenian Code.  If the law or agreement allows for an extrajudicial procedure to resolve a dispute before going to court, the dispute can be brought to the Trial Court within thirty calendar days after the actions required by the law or agreement have been carried out. This is applicable unless the law or agreement specifies a different procedure or timeframe. At Undisputed Legal, we keep updated on any variation in the countries’ legal requirements. Click here for information on How Service of Process Ensures A Solid Foundation.

Authority of the courts in Armenia

Civil cases fall under the jurisdiction of the court system. Civil cases are generally heard in the Trial Court. All cases related to disputes over rights, except those that fall under the jurisdiction of the administrative court or the Constitutional court, are considered civil cases. The Code and other laws also allow for considering court competence in different cases. Click here for information on How To Overcome Language Barriers in Process Service. 

 In certain legal cases, individuals involved can choose to initiate a conciliatory process with a licensed conciliator before the conclusion of the trial or appeal proceedings, provided there is mutual consent. Disputes subject to arbitration can be submitted for resolution by the Trial Court before the conclusion of legal proceedings as long as all parties agree to this procedure as established by the law. In this case, involving a private process service agency like Undisputed Legal is important since overlapping jurisdiction can be exceedingly difficult to navigate.  In a case involving multiple interconnected requirements of the law, if one requirement is under the jurisdiction of the Trial Court and another is under the jurisdiction of the administrative court, the court that has jurisdiction over the individual prima facie should be considered. Civil cases involve disputes between individuals or entities rather than criminal matters. Click here for information on How Timelines Are Important in Process Serving.

Territorial cognizance refers to the jurisdiction or authority of a court to hear and decide a case based on its geographical location.  The claim is submitted to the Trial Court, where the defendant resides. If the defendant is not present at their accounting location, the claim is submitted to their last known residence unless otherwise specified by the Code or international treaties of the Republic of Armenia. Civil cases can be heard in the jurisdiction chosen by the person making the claim. The claimant can bring the claim against multiple defendants to Trial Court at the defendant’s place of accounting or, if that is not available, at their residence.

A lawsuit can be filed against the defendant who is not fulfilling their accounting responsibilities and whose last known residence is unknown. The lawsuit can be filed where the defendant’s property is located. Claims arising from an agreement that includes specific information about the place of performance can be filed in the Trial Court where the agreement was performed. At Undisputed Legal, we understand the requirements of different jurisdictions: we thus determine how legal papers are served in the target nation by researching the unique requirements and processes. Countries have different customs and regulations, so we ensure that our local process servers know the domestic service of process paradigm.

Claims for compensation for damage to real estate can be submitted to the Trial Court in the location where the damage occurred. Claims against a legal entity arising from the actions of its representation or branch can be filed in the Trial Court located where the representation or branch is situated. The court grants rights in civil cases through consideration. When no specific law or legal act applies to a disputed situation, the court will use the provisions of a similar law to make a decision. This is known as the analogy of the law. Without regulations, the court resolves disputes based on general principles of the right, using analogy. Procedural rules are not applied by analogy to the law. 

The court can request parties to provide reasons for the existence and content of foreign law regulations. If there are no regulations in foreign law, the court will apply the appropriate standards of the Republic of Armenia’s rights. If there is a strong suspicion that a regulatory legal act is unconstitutional and necessary for the resolution of a case, the court can appeal to the Constitutional Court for a decision on its constitutionality.

Civil procedure in Armenia

Civil court resolutions determine the outcome of civil cases and impose legal obligations on the parties involved. Recognition and execution of foreign court resolutions and arbitration in Armenia follow the procedure outlined in international agreements, the Armenian Code, and other laws. The court resolution is legally valid if it adheres to the requirements of the Constitution, constitutional laws, ratified international treaties of Armenia, other laws, and relevant regulatory acts applicable to this case. The court resolution is reasonable and supported by a strong legal basis. 

Civil administration of justice is based on equality for all participants in a case before the law and court. The court ensures that all individuals involved in the proceedings have an equal chance to present their arguments on each question. Only proofs that ensure equal opportunity for all participants can be used as the basis for court resolutions, as specified in this Code. The person involved in a legal case can carry out procedural law and utilize various methods of judicial protection outlined by the law.

 The Code allows the claimant to abandon or modify their claim and the defendant to accept or reject it. The parties can also resolve the dispute through a conciliation agreement or arbitration. Civil legal proceedings are conducted based on the participation of individuals involved in the case.  The court is responsible for conducting judicial proceedings fairly and unbiasedly. It follows the procedures outlined in the relevant code.

 During the investigation, the court explains the rights and obligations of the individuals involved in the case. It also warns them about the consequences of their actions or inactions in legal proceedings. The court ensures that the facts of the case are established through a thorough, comprehensive, and objective evidence investigation. This is where Undisputed Legal’s experienced staff is helpful. The documents will also be translated since specific nations’ legal papers will be written in the official language. We email a copy of the documents we serve with a detailed record of the date and how they were delivered.   Our servers pay attention to and abide by local laws and traditions.

Procedural requirements for a trial in Armenia

Participants must submit all procedural documents in Armenian or provide a proper translation into Armenian if they are in another language. If the specified requirement is not met, the court does not consider procedural documents and may reject them. The court returns these documents to the individuals who submitted them. Participants in a case have the right to appear in court using their preferred language, with the option of translation into Armenian.

The court provides translation services for individuals participating in a case who do not know Armenian. This includes experts appointed by the court, specialists, or witnesses invited based on a petition. However, the person requesting these services must demonstrate that they do not have the financial means to pay for translation themselves. 

 A court case is typically heard in an open court proceeding.. Courts can hold closed sessions to protect participants’ privacy in judicial proceedings, including trade secrets, minors’ interests, justice, state security, public order, or morals. This can be done upon request or at the court’s discretion. The decision to discuss the case or a part of it in a closed meeting depends on the conditions of confidentiality.

Notarization in Armenia

The U.S. Embassy in Yerevan offers limited notarial services to the public.  These services include verifying signatures on documents and providing affirmations or oaths for affidavits and other documents.  The consular seal fee is USD50 peruse. The Embassy cannot legalize, certify, verify, make certified copies, or provide stamps or apostilles for Armenian or U.S. documents.   U.S. Embassies do not offer remote notarial or authentication services. However, remote notarization is allowed in many U.S. states. Certain states currently require documents to be notarized.

To acknowledge means to admit, affirm, or declare, recognizing one’s actions and taking on obligations or responsibilities. Signing a deed or power of attorney before a notarizing officer acknowledges the party’s signature. An affidavit is a written statement sworn under oath and used as evidence in a legal proceeding.  It is a voluntary written or printed statement of facts, confirmed by the oath or affirmation of the person making it and taken before an authorized officer. Marriage acknowledgment forms are documents used to recognize and record a marriage officially. At Undisputed Legal, we ensure you have a copy of your affidavit before attempting service. We aim to be thorough and set your mind at ease regarding your papers.

Apostilles verify the seals and signatures on public documents, like birth certificates or court orders, so they are accepted in foreign countries under the 1961 Hague Convention Treaty.  U.S. embassies and consulates cannot authenticate, verify, certify, or apostille U.S.- or Armenian-issued documents.  The documents required are U.S.-issued birth, marriage, divorce, and death certificates, along with academic credentials from U.S. educational institutions.

At Undisputed Legal, we try to understand what services would generally be accepted in the target nation. Personal service, postal service, and governmental agencies are common alternatives. We ensure that your documents are kept accounted for, and we employ local process servers which ensure the papers are served in compliance with the norms of the area.

It is necessary to complete any paperwork needed to begin service in Armenia. Depending on the rules of the receiving nation, these documents may need to be validated, legalized, or notarized. International service of papers is often lengthy and time-consuming. However, it does not have to be. Just visit us at Undisputed Legal, and we can serve your papers.

Sources

1. The ministry supervises the following agencies:

1. The Compulsory Enforcement Service: responsible for enforcing legal judgments and collecting debts.
2. The Penitentiary Service: responsible for managing and operating prisons.
3. The Probation Service: responsible for supervising individuals who have been convicted of crimes but have been allowed to remain in the community

2. Armenia – Central Authority
Ministry of Justice of the Republic of Armenia
Agency of Civil Status Acts Registration
Vazgen Sargsyan 3/8
YEREVAN 0010
Republic of Armenia 

Ms. Ani Mkhitaryan
Head of the Agency of Civil Status Acts Registration
Tel.: +374 10 594 185, +374 93 426 066
E-mail: ani.mkhitaryan@moj.am; animkhitaryan.agency@gmail.com

3. With exceptions outlined in the Law of the Republic of Armenia ‘About bankruptcy’ and cases related to anti-corruption being handled by the anti-corruption court.

4. The court can apply rules of law from other states based on the Constitution, international treaties ratified by the Republic of Armenia, or the law. The court determines the existence and content of foreign law regulations based on how they are interpreted and applied in the foreign state.

5. Electronically notarized U.S. Department of State forms like DS-3053 (Statement of Consent for the Issuance of a Passport to a Child under the Age of 16) are acceptable if they comply with the laws and regulations of the state that commissioned the notary public and the laws of the state or country where the document is notarized.

6. To marry an Armenian citizen, an American citizen must fill out a bilingual form (in English and Armenian) confirming their legal eligibility for marriage. The form requires notarization by a Consular Officer.