Armenia Advocate Qualification flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Constitution adoption date

The Constitution of Armenia was adopted by referendum on 5 July 1995 and was comprehensively amended by referendum on 6 December 2015, with the amendments taking effect in 2017.

Constitutional Court composition

The Constitutional Court consists of nine judges. It reviews the constitutionality of laws and ratified treaties and resolves competence disputes between state bodies, with judges appointed for a statutory term.

Restriction of fundamental rights

Fundamental rights may be restricted only by law, only for purposes enumerated in the Constitution such as national security or public order, and only to the extent proportionate to the legitimate aim.

President of the Republic

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

General limitation period

Under the Civil Code the general limitation period is three years, while special shorter periods apply to particular claims such as contesting voidable transactions and certain transport claims.

Immovable property ownership transfer

Ownership of immovable property arises, transfers, and terminates upon state registration in the unified cadastre; registration is constitutive, so transfer is incomplete without it.

Void versus voidable transaction

A transaction violating mandatory legal norms or contrary to public order and morality is void, whereas a voidable transaction is invalid only when a court declares it so.

Appeal period for judgments

A first-instance judgment enters into legal force if not appealed within one month of delivery of the reasoned judgment; a timely appeal suspends its entry into force.

Legality principle in criminal law

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.

Age of criminal liability

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

Presumption of innocence

The Criminal Procedure Code presumes the accused innocent; the prosecution bears the burden of proving guilt, and any irremovable doubt is interpreted in favour of the accused.

Pre-trial detention duration

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

Administrative act types

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

Administrative Court jurisdiction

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.

Duty to give reasons

Before issuing an adverse individual administrative act, the administration must hear the affected person and give reasons; unfavourable acts may not have retroactive effect.

Judicial review of discretion

Discretionary administrative powers are judicially reviewable for abuse and for exceeding the limits set by the empowering law; the court may not substitute its own discretion for the administration's.

Advocate licence issuance

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

Advocate's secrecy

The advocate's duty of confidentiality covers all information obtained in connection with the mandate, has no time limit, and bars the advocate from testifying about it.

Conflict of interest rule

An advocate may not represent clients with opposing interests in the same or related matters and must decline the mandate or terminate it upon discovering such a conflict.

Advocate independence

The advocate is an independent professional legal advisor and must not follow instructions contrary to law or professional ethics, defending the client's lawful interests rather than every wish.

IRAC legal analysis

IRAC stands for Issue, Rule, Application, Conclusion; it is the standard structure for legal analysis in memoranda and written submissions to ensure reasoning is explicit and traceable.

Computing procedural deadlines

A procedural deadline runs from the day following the triggering event; if the last day falls on a non-working day, the deadline moves to the next working day.

Court power of attorney

A power of attorney for court representation must be written, signed by the principal, and expressly enumerate special powers such as settlement, waiver of claims, and appeal.

Prayer for relief

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

Probationary period limit

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

Annual paid leave

Annual paid leave is at least 20 working days, calculated on the basis of a five-day working week, in addition to statutory public holidays under the Labor Code.

VAT registration threshold

Value added tax registration is mandatory once a taxpayer exceeds the turnover threshold set by the Tax Code; profit tax, income tax, and excise are other principal taxes.

Burden of proof in tax cases

In tax disputes the tax authority bears the burden of proving the elements of a tax offence; taxpayers may appeal its decisions administratively and then judicially.

Marriage contract form

A marriage contract regulating the spouses' property may be concluded only in writing and requires notarization; property acquired during marriage is joint unless the contract provides otherwise.

Limited liability company formation

A limited liability company may be founded by one or more persons; its charter is the founding document, and it acquires legal personality upon state registration.

Ratified treaties in domestic law

Ratified international treaties form an integral part of Armenia's legal system; where a ratified treaty conflicts with a domestic law, the treaty prevails.

National Assembly size

Under the 2015 Constitution the National Assembly has 101 seats, elected proportionally, with a stable-majority mechanism applied when no party or bloc secures the required share.