Article 8 of the Universal Declaration on Human Rights confirms that each individual in case of violation of basic rights given to him/her by the Constitution or by law, has a right to effectively recover those rights through competent national Courts. Based on the principle of separation of powers, from the bodies of state power, the mission of protecting the interests of an individual and the state is put on the Court. The Courts are called to solve the controversies which arise between an individual and other members of society, as well as with state bodies and to ensure the rights and fundamental freedoms of an individual. The order to apply to Court defined by law is the substantial safeguard for the implementation of the right of citizens and legal entities to apply to Court.
The order of applying to the Court of First Instance is defined by the Civil Procedure Code of the Republic of Armenia (hereinafter Code). The Court of First Instance initiates the civil case only based on the claim or the application.
As a rule the claim is initiated in the Court of the respondent’s place of abode (whereabouts). The statement of claim is submitted in a written form; in which must be stated:
1) the name of the Court to which the statement of claim is submitted;
2) the names, surnames and middle names (hereinafter names) of persons participating in the case, designation of the legal entity, their addresses of place of abode (whereabouts), including the passport data of the plaintiff citizen, the social card number (social security number) (in case if it is available), the tax payer’s registration number and the state registration number or state registration certificate of the plaintiff legal entity;
3) the price of the claim if the claim is subject to evaluation;
4) the circumstances on which the claim demands are based;
5) proofs confirming the claim demands;
6) the calculation of the amount subject to forced levy or the disputed amount ;
7) the demands of the plaintiff, and while initiating a claim against several respondents, the demands of the plaintiff directed to each of them;
8) the list of documents attached to the statement of claim.
Other information can also be mentioned in the statement of claim if they are necessary for the correct solution of the dispute, as well as the petitions of the plaintiff. The statement of claim is signed by the plaintiff or by an authorized representative authorized by the plaintiff to sign the statement of claim.
The document certifying the payment of state duty with the defined order and amount or in cases stipulated by law, the petition for the exemption from the payment of state duty, postponing, delaying the deadline, or reducing its amount are being attached to the statement of claim. The power of attorney certifying the authorities to initiate a claim, if the statement of claim is signed by the representative of the plaintiff, and in cases when the statement of claim is about the demand to compel to conclude a contract, the relevant contract draft is also being attached. Proofs confirming the claim demands can also be attached to the statement of claim.
According to Code, the respondent has a right to initiate a counterclaim versus the plaintiff before reaching a verdict by the case, to examine jointly with the initial claim. The counterclaim is initiated with the general rules of claim initiation.
The Code defines that in the Republic of Armenia the proceedings is held in Armenian. Persons participating in the case have the right to speak in the Court in their preferred language, if Armenian translation is provided.
Freedom of Information
RA citizens can apply to Court according to RA Law on “Freedom of Information” in order to receive information. Information required from the Court is provided by the staff of the Court. According to the mentioned law the inquiries are presented in a written form and orally. In a written inquiry the name, surname, citizenship, address of abode, work or educational institution (in case of a legal entity its designation and address) are stated. The written inquiry must be signed. The clerical work of written inquiries is carried out by the order defined by the Legislation, for applications and complaints of citizens, apart from the other forms of clerical works.