Armenia Advocate Qualification cheat sheet

Armenia's Constitution was adopted by referendum on 5 July 1995 and comprehensively amended by referendum on 6 December 2015; the 2015 amendments took effect with the new National Assembly elected in 2017.

Article 1 declares Armenia a sovereign, democratic, social, and legal state; sovereignty belongs to the people, who exercise it through free elections and referenda.

The National Assembly has 101 seats under the 2015 Constitution; the electoral system is proportional, and the Constitution prescribes a stable-majority mechanism when no bloc or party secures the required share.

The President of the Republic is head of state with largely ceremonial powers, elected by the National Assembly for a seven-year term, and may not hold office for more than one term.

The Prime Minister is the head of government; the President appoints as Prime Minister the candidate nominated by the parliamentary majority, and the government is accountable to the National Assembly.

The Constitutional Court consists of nine judges; it reviews the constitutionality of laws and ratified international treaties and resolves disputes on the competence of state bodies.

Fundamental rights may be restricted only by law, only for purposes enumerated in the Constitution (such as national security, public order, health, and rights of others), and only to the extent proportionate to the aim.

The death penalty is abolished by the Constitution; the Constitution has supreme legal force and directly applicable norms, and laws inconsistent with it have no legal effect.

The Civil Code (adopted 1998, in force 1999) is the core source; transactions may be oral or written, and written form is mandatory where the law expressly requires it or where the parties so agree.

General limitation period is three years; special shorter periods apply to certain claims (for example, one year for contesting voidable transactions and for certain transport claims).

A transaction is void if it violates mandatory legal norms or is contrary to the foundations of public order and morality; a voidable transaction is invalid only upon a court declaration.

Ownership of immovable property arises, transfers, and terminates upon state registration in the unified cadastre; registration is constitutive, not merely declaratory.

Contractual damages cover actual loss (damage to property, expenses incurred or to be incurred) and lost profit; moral damages are available in cases provided by law.

Civil procedure follows the adversarial model: the court conducts the hearing, and the parties bear the burden of proving the facts they rely on; the court may order evidence on its own initiative where the law allows.

First-instance judgments enter into legal force after the appeal period expires (one month from delivery of the reasoned judgment) if no appeal is filed.

Cassation appeal to the Court of Cassation lies on points of law where the case is of fundamental significance for uniform application of law; the Court of Cassation does not re-examine facts.

Legality principle: conduct is criminal only if defined as an offence by a law in force at the time of commission; a later law that decriminalizes or mitigates liability applies retroactively.

Criminal liability attaches from age 16; for an exhaustive list of offences (including certain violent and property crimes) it attaches from age 14.

Punishments include fines, deprivation of the right to hold certain posts, community service, arrest, imprisonment for a term, and life imprisonment; the death penalty is abolished.

Attempted crime and preparation are punishable for serious and particularly serious offences; voluntary abandonment of the crime excludes liability if the act is not otherwise an offence.

Complicity distinguishes perpetrator, organizer, instigator, and accomplice; the qualifying circumstances of the principal are not imputed to co-participants who did not know of them.

The Criminal Procedure Code establishes the presumption of innocence; the prosecution bears the burden of proof, and doubt is interpreted in favour of the accused.

Pre-trial proceedings are conducted by the investigator or inquest body under the supervision of the prosecutor, who is the procedural head of the investigation.

Detention as a preventive measure requires a court decision; the maximum duration of detention during pre-trial proceedings is 12 months, with extensions granted by the court as prescribed by law.

Administrative acts are individual (addressed to named persons) or normative (general application); normative acts affecting rights must be published to take effect.

A person who considers an administrative act unlawful may appeal it administratively to the superior body and/or to the Administrative Court; administrative appeal deadlines are short and prescribed by the Administrative Procedure Code.

The Administrative Court reviews the legality of administrative acts, administrative contracts, and unlawful acts of public authorities, and may annul the act or order the authority to act.

The administration must observe the duty to give reasons, the right to be heard before an adverse individual act, and the prohibition of retroactive effect of unfavourable acts.

Discretionary powers are subject to judicial review for abuse and for exceeding the limits set by the empowering law; the court may not substitute its own discretion for that of the administration.

Public servants are liable under the law on civil service; disciplinary liability (remark, reprimand, dismissal) is imposed by the appointing authority within the statutory period.

Administrative fines and other coercive measures are imposed by reasoned decision and are subject to judicial appeal; enforcement follows the procedure for enforcement of administrative acts.

Access to information held by public bodies is guaranteed; a refusal must be reasoned and is appealable to the superior body and to the Administrative Court.

The Law on Advocacy (2004, as amended) defines the advocate as an independent professional legal advisor; advocacy is not entrepreneurial activity, and the advocate's status is confirmed by a licence and membership in the Chamber of Advocates.

Access to the profession requires passing the advocate qualification examination administered under the Chamber of Advocates; the licence is issued by the Minister of Justice.

The advocate is bound by the duty of confidentiality (advocate's secrecy) covering all information obtained in connection with the mandate, with no time limit.

Conflict of interest prohibits representing clients with opposing interests in the same or related matters; the advocate must decline or terminate the mandate.

The advocate is independent and must not act under instructions contrary to law or professional ethics; the advocate defends the client's lawful interests, not the client's every wish.

The advocate may not testify about circumstances learned in the course of professional activity, and may not disclose the fact of having consulted a client.

Retainer fees are set by agreement with the client within the framework of the Chamber's rules; the advocate may not make the fee contingent on the outcome of a criminal case.

The Chamber of Advocates has disciplinary bodies; sanctions range from warning to termination of licence, and the advocate has a right to a fair hearing before the disciplinary commission.

A well-formed legal document contains: addressee and court, parties with full identification, statement of facts, legal grounds with citations, the prayer for relief, list of attachments, and signature with date.

Cite legal acts by full official name, adoption date, and article/part/point; cite case law by court, case number, and date of the act.

Distinguish facts from legal conclusions; each factual assertion in pleadings should correspond to an item of evidence identified in the document.

Use the IRAC structure (Issue, Rule, Application, Conclusion) for legal analysis in memoranda and written submissions.

The prayer for relief must be specific and enforceable: state the act to be annulled, the sum to be recovered, or the action to be compelled, with amounts and periods.

Procedural deadlines are calculated from the day following the event; if the last day is a non-working day, the deadline moves to the next working day.

A power of attorney for representation in court must be written, specify the scope of powers, and be signed by the principal; certain powers (settlement, waiver, appeal) must be expressly enumerated.

Client interview technique: establish the chronology, identify the client's objective, collect documents, and confirm the mandate and fee terms in writing.

Labor Code: an employment contract is concluded in writing; a probationary period may not exceed three months, and the standard working time is 40 hours per week.

Annual paid leave is at least 20 working days (based on a five-day week); dismissal on the employer's initiative requires grounds enumerated in the Labor Code and compliance with the notice procedure.

Tax law: the principal taxes include income tax, profit tax, value added tax, and excise; VAT registration is mandatory on exceeding the statutory turnover threshold.

Taxpayers may appeal tax authority decisions administratively and then judicially; the tax authority bears the burden of proving the elements of a tax offence.

Family Code: marriage is concluded in the civil registry; the minimum marriage age is 18 (may be lowered by law in exceptional cases), and mutual consent is essential.

Property acquired during marriage is joint property unless a marriage contract provides otherwise; a marriage contract requires notarization.

Commercial law: a limited liability company may be founded by one or more persons; the charter is the founding document, and the company acquires legal personality upon state registration.

International law: ratified international treaties are an integral part of the domestic legal system; where a treaty conflicts with a domestic law, the ratified treaty prevails.