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  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    the periods of an appeal stated at the end of the administrative act granted by the state authorized body since the six month period stated at the end of the act relates to the appeal of the act with the administrative body or higher administrative bodies in the manner of superiority To appeal the act juridically the following periods are stipulated by the Administrative Procedure Code a in case of appealing a claim within two months time after the administrative act become effective b in case of binding of the claim within one month s time after the acceptance of the given administrative act was rejected and within two months time after the maximum period envisaged for the acceptance of the administrative act expires c in case of performance of the action within one month s time after it is rejected by the administrative body and within three months time after an application is filed with the administrative body regarding the performance of the required action d in case of claim recognition regardless of periods It is necessary to know In case the act adopted by the administrative body or non acceptance of the act of non performance of the action was appealed in an administrative manner then the periods are to be calculated after the expiry of the periods determined for the review of the appeal a appealing claim Article 65 The essence of the appealing claim lies in the fact that a plaintiff is entitled to demand to cancel or modify the administrative act either in full or in part For example to cancel the act drawn up by the tax authority modify any decision adopted by a head of the community b binding claim Article 66 Under this Article the Legislation entitles a plaintiff to demand to

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=180%3A2012-04-05-13-34-23&catid=48%3A2012-04-03-12-12-31&Itemid=20&lang=en (2016-02-14)
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  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    our historical homeland was liberated due to transactions made with one another These are all global examples about kind and evil transactions But today it is necessary to observe three mandatory conditions when entering into transactions between one another a A transaction is to be made with an assurance that it is not made under delusion deceit violence and that the other party to the transaction has not mental disorders and is of legal age b A transaction does not contradict any acting laws legal acts and does not contain such acts and conducts which are criminally prosecuted c Before making a transaction it is desirable to recall the following commandment in the principal book It is important that a party to the transaction is endowed with legal knowledge and is conscious that after making the transaction it is obligatory to accept the game rules which is written thereafter Below are the cases when transactions are declared invalid Also invalidated fake transactions Particularly transactions are juridically declared invalid or null invalidation consequences are applied in respect of the latter if 1 fake transactions are made 2 fabricated transactions are made 3 transactions of a citizen who is declared incapable 4 transactions of a minor 5 significant transactions made under delusion 6 transactions made under deceit and violence 7 transactions made by incompetent legal entities Fake transactions Fake transactions are made without any intention to bring about respective legal consequences For example a property is sold under the name of a third person but the factual owners remain the same Fabricated transactions It is a transaction when another transaction is made with a view to concealing disguising another transaction For example to avoid performing responsibilities in the future a debtor alienates his or her property owned by virtue of an ownership

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=182%3A2012-04-05-13-34-23&catid=48%3A2012-04-03-12-12-31&Itemid=20&lang=en (2016-02-14)
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  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    Yerevan In accordance with Article 94 of Labour Code of the Republic of Armenia the Legislation stipulates limitations as regard the time of conclusion of labour contracts according to which a labour contract is signed 1 for an indefinite period of time if the period is not mentioned in the labour contract 2 for a definite period of time if the period is mentioned in the labour contract At the same time Clause 1 of Article 95 of the same code stipulates that labour contracts are signed for a definite period of time if working relations cannot be determined for an indefinite period of time in view of the nature or terms of the work done if nothing otherwise is envisaged by the same code or law The mentioned legislation enables an employer to sign a labour contract for a definite period of time but envisages certain restrictions It follows that an employer can enter into labour contracts for a definite period of time if working relations cannot be determined for an indefinite period of time in view of the nature and terms of respective work done Moreover Clause 3 of Article 95 of RA Labour Code stipulates cases when labour contracts can be signed for a definite period of time which are deemed to be exceptions In other words labour contracts can be signed for a definite period of time in exclusive cases determined by legal provisions Hence labour contracts cannot be signed for a definite period of time in cases when operations carried out by virtue of labour contracts are of permanent nature in working relations Whereas the definition of permanent nature has a broad significance in which performance of operations have their start are of continuous and uninterrupted nature of performance In addition the business sphere and

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=183%3A2012-04-05-13-34-23&catid=48%3A2012-04-03-12-12-31&Itemid=20&lang=en (2016-02-14)
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  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    by the court as to the acknowledgment of one of the spouses as missing incapable or who was sentenced to imprisonment for not less than three years by virtue of an application filed by one of the spouses divorce is carried out through a civilian registrar s office Divorce through juridical manner Divorce through juridical manner can take place if one of the consents of the spouses about divorce is missing or one of the spouses avoids registering divorce through a civilian registrar s office or spouses wish to get divorced juridically In a similar case in view of the presence of the mutual consent of the spouses marriage is terminated within one month s time after the submission of the application In other cases the court is entitled to undertake certain measures directed at the reconciliation of spouses by giving them a three month time after which the fact of divorce will be registered if at least one of the spouses insists on divorcing When divorcing spouses can submit the consent with the court so as to specify with whom the children will live the procedure of taking care of living means and maintenance for the children unemployed insecure husband as well as division of common property In case of absence of the consents the court shall bear the following obligations a determine with which parent the children are to live after the divorce b determine which of the parents is to pay alimony and the size thereof c perform division of common property at the request of at least one of the parents d determine the size of living means at the request of one of the spouses entitled to receive the said living means from the given spouse It is necessary to know that divorce terminated through

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=184%3A2012-04-05-13-34-23&catid=48%3A2012-04-03-12-12-31&Itemid=20&lang=en (2016-02-14)
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  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    be a representative acting in the latter s name In some cases the Legislation restricts people to act as representatives For example the representative of the aggrieved party cannot assist in criminal proceedings if he or she participates in the case as a witness etc Both individuals and legal entities can act as representatives It is necessary to know that a representative ought to act in the name of the one whose interests are represented for the benefit of the latter Therefore it is prohibited to enter into transaction personally in the name of the one whose interests are represented in his respect or introspect of other persons whose interests he represents simultaneously save for commercial representatives Section 3 of Article 318 of RA Civil Code In order to enjoy rights and responsibilities in respect of third persons a representative is required to inform third persons of authorizations he is entrusted with In this regard the one whose interests are represented principal ought to grant the authorizations so that a third persons will comprehend them b third persons will be able to familiarize themselves with the content of the power of attorney Transactions which require notarial attestation real property leasing sale pledge contract etc power of attorneys also ought to be attested by a notary For example during sale and purchase of real property the power of attorney of a representative ought to be attested notarially Talking of the subject regarding civil relations it is necessary to dwell upon terms and mechanisms of granting power of attorneys Under the acting law RA civil and Administrative proceedings a lawyer is allowed to take a power of attorney without a notarial attestation The following are deemed to be power of attorneys equivalent to the ones attested notarially 1 power of attorneys of servicemen or other persons who undergo treatment in military hospitals attested by the head of the hospital or doctor on duty as of the given day 2 power of attorneys of servicemen as well as soldiers and their family members where there are no notarial offices approved by the given commander of military institution 3 power of attorneys of persons who are in detention places attested by the given head of the institution 4 power of attorneys of persons in social protection institutions old aged pensioner s home attested by the management of the given intuition or the head of corresponding body deputy 5 power of attorneys directed at receiving salary and other fees regarding working relations particularly pensions because there are numerous appeals which state that pensions are not given by virtue power of attorneys who is not regulated by anybody Clause 9 of Article 35 of RA Law State Pensions as well as bank deposits and postal deliveries including cash and parcel deliveries can be approved by the organization where an attorney in fact works or studies self governing body of the latter s residential area and inpatient medical institution where he or she undergoes treatment A power

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=185%3A2012-04-05-13-34-23&catid=48%3A2012-04-03-12-12-31&Itemid=20&lang=en (2016-02-14)
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  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    and used during USSR years in kindergartens schools institutes is not applied today Now it bears a name market relations and the sphere of education was converted into business and market Today education is not free whereas the right for education is not enjoyed by everybody Yet the country requires educated generation Why does the state not regulate the sphere of education for everybody to enjoy it freely Should you enter any kindergarten school institute you will witness the corrupted system existing in the mentioned spheres S MKRTHCHYAN I myself wish to believe the fact that during USSR period the educational system was considered to be the best one and USSR citizens who used to be well read and developed and the specialists used to be the most perfect and skillful as citizens having experienced USSR educational system The educational system particularly schools and institutes are subject to improvements to the extent that one cannot enter institutes based on school curriculum whereas upon graduation from the institute you are unable to work by your profession To say that education is free but the educational right is not enjoyed by everybody is the result of ignorance of the acting law In accordance with Article 39 of RA Main Law everyone has the right for education Moreover Secondary Education is free on the entire territory of the Republic of Armenia Chargeable educational institutions also operate under law The Legislation enables each citizen to receive free education in state higher educational establishment on competitive basis As a comparison I wish to mention that there are places in such a powerful country as USA where there are no institutes and schools As for the disgraceful condition in higher educational establishment and schools RA applicable laws and legal acts are sufficient to eradicate certain morals

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=186%3A2012-04-05-13-34-23&catid=48%3A2012-04-03-12-12-31&Itemid=20&lang=en (2016-02-14)
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  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    of the European Convention property protection and Article 31 of RA Principal Law right for property management and legacy stipulate everyone s rights to manage direct use inherit bequeath their own property at their own discretion by virtue of an ownership right Under its Principal Law the State not only gives right to each person to acquire own property in the manner prescribed by law but also becomes a guarantor for further transference of the given property to another person at request of its owner Article 77 of Chapter 10 of RA Civil Code deals with inheritance title These articles regulate the inheritance title It enables each person to get a precise guarantee stipulating that the property owned by them by virtue of an ownership right shall be managed after death the way it was managed during the life of its owner In case of inheritance the property of the deceased inheritance including cash securities except for state awards and orders shall be unchangeably included in the inheritance as a whole integrity which can be lawfully transferred to heirs or other persons The will is opened after the death of a citizen During the opening procedure of the will on inheritance minor children invalid unemployed children or over sixty year old children spouses and parents of the testator are entitled to the share A citizen shall independently manage his or her own property and shall be entitled to a lawfully bequeath the entire property to heirs b lawfully bequeath a part of the entire property to heirs c bequeath the entire property to one or several persons d bequeath a part of the entire property to one or several persons e lawfully deprive one or a few or all of heirs of inheritance without any further explanation Inheritance at law Law stipulates the sequence of heirs to receive the inheritance a first priority heirs i e children spouses parents b second priority heirs i e brothers sisters c third priority heirs i e grandfathers grandmothers d fourth priority heirs i e uncles both from mother s and father s side aunts both from mother s and father s side Inheritance at will In case of death of a citizen the will is the expression of his or her will regarding the future management of the property owned by him or her in the manner prescribed by law The Legislation stipulates that it ought to be executed by a capable citizen in person and ought to be attested notarially in the manner prescribed by law about notarial system In case a testator is in no condition sign the will on account of his or her physical disability health or ignorance the will can be signed by another citizen at the request of the latter in presence of notary or another official in charge of attesting the will in the prescribed manner with a mention of reasons of the testator s inability to sign the will personally The testator has the right

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=188%3A2012-04-05-13-34-23&catid=48%3A2012-04-03-12-12-31&Itemid=20&lang=en (2016-02-14)
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  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    love There is a saying which runs A man ought to plant a tree build a house and have a child In other words the given three conditions are to be fulfilled by mortals and be blessed the day when people will have sufficient financial resources to materialize these imperative conditions Very often a child loses his or her parents or parents abandon their children or on account of financial reasons children are sent to orphan houses whereas at worst they abandon their children and they find themselves in streets entailing all the legal consequences There are cases when based on certain reasons a man is not given the delight to have a child and the given person wishes to adopt a child The legislation determines certain game rules for adopters which are shown below Adopters can be persons of full legal age with the exception of those who are incapable mental disorder and limited capable putting the family in serious condition on account of addiction to alcoholic drinks drugs or gambling recognized by the court and those who are deprived of parental rights as well as those who do not have a permanent residence respective residential area and stable income People whose marriage is not registered are forbidden to jointly adopt the same child The Legislation stipulates that the difference between an adopter and adopted child ought to be more than 18 years which does not relate to the adoption made by a stepmother or stepfather A written consent of parents of the adopted child is mandatory save for cases when the court acknowledged the latters as missing incapable who are deprived of parental rights have not lived with the child more than one year and avoid upbringing and taking care of the child In this regard when a child is adopted only by one of the spouses a written consent of the other spouse is also mandatory save for cases when the marital relationship is terminated they have not lived together for more than one year and the whereabouts of the other spouse is unknown For the adoption of a ten year old child it is necessary to have his or her consent In view of the interests of the child no consent is required from a ten year old child if the given child lived in the family of an adopter and considers the latter as his or her parent prior to the submission of an application for adoption An adopted child is lawfully integrated into the family and enjoys the same personal non property rights and responsibilities as his or her adopters and relatives It is necessary to know that a woman adopting a newly born child enjoys all the privileges for post natal sick leave whereas the child who was entitled to receive a pension or allowances on account of death of his or her parents at the time of adoption shall continue enjoying the given right after the adoption ADOPTION OF A CHILD CAN

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=187%3A2012-04-05-13-34-23&catid=48%3A2012-04-03-12-12-31&Itemid=20&lang=en (2016-02-14)
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