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Statute

Annex

of the Decision No 704-L of 11 June 2018

of the Prime Minister of the Republic of Armenia

 

Charter

Of the Ministry of Justice of the Republic of Armenia

 

I. GENERAL PROVISIONS

1.     Ministry of Justice of the Republic of Armenia (hereinafter referred to as "the Ministry") shall elaborate and implement the policy of the Government of the Republic of Armenia in fields reserved to its competence by the Law of the Republic of Armenia "On structure and activity of the Government".

2.     The Ministry shall be established, reorganised, and its activities shall be terminated by law.

3.     The Ministry shall act based on the Constitution of the Republic of Armenia, international treaties, laws, other legal acts and its Charter.

4.     The name of the Ministry shall be:

(1)    in Armenian – Հայաստանի Հանրապետության արդարադատության նախարարություն;

(2)    in Russian – Министерство юстиции Республики Армения;

(3)    in English – Ministry of Justice of the Republic of Armenia;

(4)    In French – Ministère de la Justice de la Republique d'Armenie.

5.     The Ministry shall have a round seal and forms with the image of the Coat of Arms of the Republic of Armenia with the inscription of its name in Armenian, as well as it can have a round seal and forms in other languages. The Ministry may have a symbol and other identification means.

6.     The offices of the Minister, Deputy Ministers, General Secretary, Deputy General Secretary, Advisors to the Minister, Press Secretary, assistants and assistants to Deputy Ministers, structural units, agencies and Supervisory Service shall be included in the structure of the Ministry.

7.     The Ministry may be granted the right to possess government stocks or shares as prescribed by the legislation of the Republic of Armenia.

8.     The Ministry shall be located at the following address: 3/8 Vazgen Sargsyan Street, Yerevan, Republic of Armenia.

 

II. Goals and objectives of the Ministry

9.     The goals of the Ministry shall be:

(1)    elaboration and implementation of the policy in the fields of justice, including compulsory enforcement, penitentiary, probation, bankruptcy, advocacy, mediation, notary activities, state registration of civil status acts, state registration and record-registration of legal entities, record-registration of individual entrepreneurs, record-registration of mass media, protection of personal data, registration of secured rights to movable property, legal expertise, international mutual legal assistance, activities of unified offices for provision of anti-corruption and state services;

(2)    ensuring the protection of interests of the Republic of Armenia at international courts to which the Republic of Armenia is a participant.

10.   The objectives of the Ministry shall be:

(1)    ensuring the improvement of the legislation of the Republic of Armenia and coordination of the process;

(2)    development of legal grounds for efficient protection of human rights;

(3)    ensuring the implementation of powers provided for by law for instituting disciplinary proceedings against judges;

(4)    ensuring forensic expert examinations;

(5)    ensuring the compulsory enforcement of judicial acts subject to mandatory enforcement;

(6)    ensuring execution of criminal punishments and probation;

(7)    ensuring the process of consideration of petitions for pardon;

(8)    ensuring legitimacy of activities of Compulsory Enforcement Service, Penitentiary Service, Probation Service, agencies functioning within the structure of the Ministry, bodies implementing the function of registration of civil status acts, notaries and Notary Chamber, as well as of organisations provided for by law;

(9)    ensuring qualification process for bankruptcy managers;

(10)  ensuring notary activities;

(11)   ensuring implementation of the function of the state registration of civil status acts of the Republic of Armenia;

(12)   ensuring the state registration and record-registration of legal entities established in the territory of the Republic of Armenia in cases provided for by law, separate subdivisions and institutions of legal entities, individual entrepreneurs, non-governmental associations and other organisations provided for by law;

(13)   ensuring registration of secured rights to movable property;

(14)   ensuring the protection of personal data;

(15)   ensuring state legal expert examination of legal acts;

(16)  ensuring the official translation, publication, publishing and republishing of legal acts;

(17)   ensuring the official incorporation and classification of legal acts;

(18)  efficient implementation of cooperation with foreign states in the field of mutual legal assistance;

(19)  ensuring representation of the rights of the Republic of Armenia at international courts to which the Republic of Armenia is a participant and supporting the process;

(20)  ensuring enforcement of judgements and decisions delivered with regard to the Republic of Armenia by international courts to which the Republic of Armenia is a participant and coordination of enforcement activities;

(21)   supporting in legal aspect to the integration processes of the Republic of Armenia;

(22)  concluding new international treaties by the Republic of Armenia for the purpose of enhancing the efficiency of legal cooperation and expanding cooperation between the Republic of Armenia and foreign states;

(23)  ensuring elaboration of anti-corruption strategy, as well as ensuring performance of international commitments in the anti-corruption field and coordinating the process;

(24)  introducing e-governance systems in the justice sector and ensuring efficient functioning thereof;

(25)  ensuring enhancement of the professional qualification of the justice sector specialists;

(26)  ensuring fulfilment of other tasks provided for by the legislation of the Republic of Armenia.

III. FUNCTIONS OF THE MINISTRY

11.    In pursuing its goals and objectives, the Ministry shall perform the following functions:

(1)    elaboration of recommendations on the improvement of the legislation of the Republic of Armenia and of draft legal acts, elaboration of draft legal acts stemming from the functions of the Ministry, recommendations, opinions, as well as methodological explanations and guidelines thereon;

(2)    organisation of activities of Penitentiary Service and Probation Service, as well as methodical management;

(3)    organisation and coordination of activities of Council for Juvenile Justice;

(4)    organisation of the process of consideration of petitions for pardon and exercising secretariat functions of advisory committee for consideration of pardon-related issues;

(5)    organisation and implementation of qualification activities for bankruptcy managers;

(6)    organisation and implementation of qualification testing of mediators;

(7)    organisation and implementation of qualification testing of candidates for notary;

(8)    organisation and implementation of qualification testing of translators participating in notarial actions and issuing a qualification certificate;

(9)    elaboration and approval of directives on the state registration of civil status acts, implementation, organisation and methodical management of the process of registration of civil status acts, organisation and implementation of the activities of the unified e-governance systems for registration of civil status acts;

(10)  carrying out of activities for registration of legal entities established in the territory of the Republic of Armenia and registration of secured rights to movable property, state record-registration of separate subdivisions, institutions of legal entities and individual entrepreneurs, record-registration of the mass media, issuing of licenses, maintaining and servicing of electronic register of licenses, as well as ensuring public and individual notification via Internet;

(11)   implementation of the functions provided for by the legislation of the Republic of Armenia on protection of personal data;

(12)   expanding of the cooperation with foreign states, integration associations, international and regional organisations in the fields reserved to the Ministry, elaboration and implementation of projects;

(13)   participation in the legal protection of interests of the Republic of Armenia in interstate relations;

(14)   elaboration of the Action Plan stemming from the national strategy for protection of human rights and exercising functions reserved to the Ministry thereunder;

(15)   ensuring exercising of functions reserved to the Ministry as prescribed by the Law of the Republic of Armenia "On international treaties";

(16)  discussion of submitted recommendations, applications and complaints in the manner prescribed by law, taking measures to eliminate the violations reported or revealed within the scope of the competence of the Ministry, as well as ensuring operation of "Hotline" in the Ministry;

(17)   introduction of relevant administrative statistical reports (questionnaires, statements of information, etc.), as prescribed by law and other legal acts, and maintenance of an administrative statistical register based on the data and information collected thereby;

(18)  representing the rights of the Republic of Armenia at international courts to which the Republic of Armenia is a participant and supporting the process;

(19)  enforcement of judgements and decisions delivered with regard to the Republic of Armenia by international courts to which the Republic of Armenia is a participant and coordination of enforcement activities;

(20)  organisation and implementing of the process of extradition of persons having committed a crime as prescribed by international treaties of the Republic of Armenia and the national legislation;

(21)   study of the applications for transferring convicts, having citizenship of the Republic of Armenia and serving their sentence in foreign states, as well as convicts, having citizenship of a foreign state and serving their sentence in the Republic of Armenia, organisation and implementation of the process of transferring convicts as prescribed by international treaties and national legislation of the Republic of Armenia;

(22)  study of judicial assignments received from the courts of the Republic of Armenia, state bodies of the Republic of Armenia and citizens of the Republic of Armenia, as well as from courts of foreign states, competent state authorities or of requests for legal assistance in civil and criminal cases, and organisation of activities for performing thereof;

(23)  elaboration of anti-corruption strategy, implementation and coordination of measures arising from international commitments in the anti-corruption field, cooperation with international organisations in the anti-corruption field;

(24)  elaboration, implementation and servicing of projects – including innovation – aimed at ensuring introduction and functioning of e-governance systems in the sector of justice and public administration;

(25)  organisation and coordination of the activities of unified offices for provision of state services;

(26)  implementation of other functions provided for by the legislation of the Republic of Armenia.

 

IV. MANAGEMENT AND ADMINISTRATION OF THE MINISTRY

12.    Management of the Ministry shall be carried out by the Prime Minister of the Republic of Armenia and the Minister of the Republic of Armenia (hereinafter referred to as "the Minister").

13.    Prime Minister of the Republic of Armenia shall:

(1)    approve the Charter of the Ministry, including its structure, and make amendments to the Charter;

(2)    exercise supervision over the activities of the Ministry;

(3)    hear reports on the activity of the Ministry, examine the results of checks of its activities.

14.    The Minister shall administer the activities of the Ministry.

15.    The Minister shall be accountable to the Government of the Republic of Armenia and to the Prime Minister of the Republic of Armenia.

16.   Deputy Ministers, General Secretary, head of the agency, head of the Supervision Service, heads of subordinate bodies, organisations and institutions, Advisor to the Minister and his or her assistant, Press Secretary, as well as heads of the main professional structural subdivisions shall be directly accountable to the Minister.

17.    Heads of supporting professional structural subdivisions, Deputy General Secretary shall be accountable to the Minister.

18.   The Minister shall:

(1)    independently administer the sphere of activities reserved to the Ministry, independently elaborate and implement the policy of the Government of the Republic of Armenia for the field of activities reserved to the Ministry;

(2)    manage the body subordinate to the Ministry, as well as the organisation and institution subordinate to the Ministry and exercise supervision over them by, inter alia, overseeing the decisions of the body subordinate to the Ministry;

(3)    submit recommendations to the Prime Minister on the main directions of the sphere of activity reserved to the Ministry;

(4)    define main directions of activities of the Ministry in compliance with the sphere of activities, goals and objectives reserved to the Ministry;

(5)    exercise supervision over the protection of state property attached to the Ministry or transferred for use;

(6)    approve the annual balance;

(7)    define the competences of the structural subdivisions of the Ministry, by approving their Charters;

(8)    be responsible for the implementation of the objectives and functions of the Ministry;

(9)    define the spheres (of activities) of the work coordinated by each of the Deputy Ministers;

(10)  act on behalf of the Republic of Armenia within the scope of his or her competences without a letter of authorisation, as well as shall issue letters of authorisation to act on behalf of the Republic of Armenia, including letters of authorisation with the power to re-authorise;

(11)   appoint and dismiss his or her Advisor, Press Secretary, Assistant, Assistant of the Deputy Minister, provide incentives and impose disciplinary penalties thereon;

(12)   appoint and dismiss employees of the Ministry, provide incentives and impose disciplinary penalties thereon in cases provided for by law;

(13)   approve the staff list;

(14)   approve the internal disciplinary rules;

(15)   establish advisory bodies adjunct to him or her in cases and in the manner provide for by the legislation of the Republic of Armenia;

(16)  suspend or repeal the orders of the General Secretary that contradict the requirements of the legislation of the Republic of Armenia;

(17)   suspend or repeal the assignments of the Deputy Minister, General Secretary;

(18)  suspend or repeal the orders, directives, executive orders, instructions and assignments of the subordinate body, heads of organisations and institutions that contradict the requirements of the legislation of the Republic of Armenia;

(19)  hear the reports of structural subdivisions of the Ministry, agencies, Supervisory Service, subordinate bodies, organisations and institutions, examine the results of checks of activities thereof, unless otherwise provided for by law;

(20)  adopt regulatory, individual and internal legal acts in cases provided for by law.

19.   Where the Minister is ill, on vocation or on secondment abroad, the Deputy Minister substituting the Minister, shall exercise in full the powers reserved to the Minister, including in the National Assembly of the Republic of Armenia.

20.   The Deputy Minister shall:

(1)    act by virtue of powers delegated by the Minister and coordinate the work (activities) in the spheres assigned thereto;

(2)    convey – within the scope of his or her powers for coordination – the assignments of the Minister to the structural subdivisions, agencies, subordinate bodies, organisations and institutions of the Ministry, ensure the execution of assignments of the Minister by the latter, give assignments within the scope of his or her powers for coordination and exercise supervision over the execution thereof, by informing the Minister of the results;

(3)    receive the assistance of the General Secretary, cooperate with other bodies and organisations within the scope of his or her powers for coordination;

(4)    submit recommendations to the Minister within the scope of his or her powers for coordination;

(5)    act on the instructions and assignments of the Minister.

21.    Deputy Minister shall have an assistant. Deputy Minister shall be the immediate supervisor of his or her assistant. The Assistant of the Deputy Minister shall be directly accountable to the Deputy Minister.

22.   The Ministry shall obtain property rights and personal non-property rights, as well as other civil law obligations, and shall exercise them through the General Secretary.

23.   The General Secretary shall be responsible, as prescribed by the legislation of the Republic of Armenia, for the exercise of the powers of the Ministry, organisational, personnel management, financial and economic functions and participation in civil law relations.

 

24.   Supporting professional structural subdivisions shall be directly accountable to the General Secretary.

25.   The General Secretary shall — in the manner prescribed by law — bear pecuniary liability for the damage caused to the state at his or her fault.

26.   The General Secretary shall:

(1)    act — without a letter of authorisation — on behalf of the Republic of Armenia and represent its interests, conclude transactions, issue letters of authorisation concerning the matters reserved to his or her competence, under part 1 of Article 12 of the Law of the Republic of Armenia "On regulation of administrative legal relations";

(2)    dispose the state property attached to the Ministry, including the financial resources, as prescribed by law, other legal acts and the Charter;

(3)    appoint and dismiss relevant employees of the Ministry, provide incentives and impose disciplinary penalties thereon in cases provided for by law;

(4)    submit to the Minister the annual balance of the Ministry;

(5)    submit recommendations on the issues concerning the organisation of the activities of structural subdivisions and agencies of the Ministry;

(6)    submit to the Minister the activity reports of supporting professional structural subdivisions, as well as information, falling under his or her competence, on other subdivisions and agencies, and in cases provided for by the legislation of the Republic of Armenia – also a report;

(7)    co-operate with the Deputy Minister, other bodies and organisations within the scope of his or her powers for coordination;

(8)    convey the assignments of the Minister to the structural subdivisions, agencies, subordinate bodies, organisations and institutions of the Ministry within the scope of his or her powers for coordination, or give assignments within the scope of his or her powers for coordination and exercise supervision over the execution thereof, by informing the Minister of the results;

(9)    endorse, as necessary, the documents prepared by structural subdivisions, as well as those prepared on behalf of the him or her, the Minister and the Deputy Minister, unless otherwise provided for by law;

(10)  deliver individual orders, give assignments in cases provided for by law.

27.   The General Secretary shall have a deputy who substitutes him or her in his absence. The General Secretary shall be the immediate supervisor of his or her deputy. The Deputy General Secretary shall be directly accountable to the General Secretary. The number of deputy general secretaries shall be defined by the Prime Minister.

28.   The Advisor to the Minister:

(1)    shall draw up his or her work plan in coordination with the Minister;

(2)    shall regularly submit to the Minister reports, necessary analytical materials on the existing situation, phenomena and events in the spheres assigned thereto and shall give recommendations for the solution of existing major issues;

(3)    shall organise the reception of citizens;

(4)    shall participate, upon the assignment of the Minister, in discussions on issues concerning the spheres assigned to him or her, held in state and local self-government bodies and in organisations;

(5)    may, upon the decision of the Minister, administer the activities of consultative bodies adjunct to the Minister or take part in their work;

 

(6)    shall, upon the assignment of the Minister, convene conferences, organise discussions on issues assigned to him or her;

(7)    shall perform other assignments of the Minister.

29.   The Press Secretary of the Minister shall:

(1)    present official positions of the Minister to the mass media of the Republic of Armenia and of foreign states;

(2)    hold press conferences and briefings;

(3)    present to the Minister recommendations and analyses on planning and implementing his or her activities and, once agreeing on it with the Minister, follow up their implementation;

(4)    organise interviews, press conferences and meetings of the Minister with the representatives of the press and other mass media;

(5)    make statements, provide clarifications, and make a rebuttal upon the assignment of the Minister;

(6)    perform assignments of the Minister.

30.   The Assistant of the Minister shall:

(1)    provide organisational, informational and technical assistance to the Minister;

(2)    organise, in coordination with the Minister, the preparation of current and prospective work plans of the Minister and submit them to the Minister;

(3)    arrange for the conferences, meetings, visits and trips of the Minister;

(4)    prepare informational and analytical materials for the Minister in cooperation with the employees of structural subdivisions of the Staff of the Ministry;

(5)    develop and submit to the Minister recommendations on work plans;

(6)    perform the assignments of the Minister.

31.    The Assistant of the Deputy Minister shall:

(1)    submit — at the frequency prescribed by the Deputy Minister — summary information to the Deputy Minister on the situation existing in the sector assigned to him or her, current major issues, and submit recommendations on the settlement thereof;

(2)    provide organisational, informational and technical assistance to the Deputy Minister;

(3)    organise, in coordination with the Deputy Minister, the preparation of the work plans of current and perspective activities of the Deputy Minister and submit them to the Minister;

(4)    arrange for conferences, meetings, visits and trips of the Deputy Minister;

(5)    prepare — upon the assignment of the Deputy Minister — informational and analytical materials in cooperation with employees of structural subdivisions of the Staff of the Ministry;

(6)    perform other assignments of the Deputy Minister.

 

V. STRUCTURAL SUBDIVISIONS OF THE MINISTRY

32.   The main professional structural subdivisions of the Ministry shall be the following:

(1)    Legal Support Department;

(2)    Department for Mutual Legal Assistance;

(3)    Anti-Corruption and Penitentiary Policy Development Department;

(4)    Department for Relations with the European Court of Human Rights;

(5)    Department for International Legal Cooperation;

(6)    Department for e-justice and Innovative Programmes;

(7)    Internal Audit Division.

33.   The supporting professional structural subdivisions of the Ministry shall be the following:

(1)    Personnel Management Department;

(2)    First Division;

(3)    Administrative Department;

(4)    Mobilisation and Civil Defence Division;

(5)    Information and Public Relations Department;

(6)    Secretariat;

(7)    Financial and Economic Department.

 

VI. AGENCIES AND SUPERVISORY SERVICE OF THE MINISTRY

34.   The agencies of the Ministry shall be the following:

(1)    Agency for Protection of Personal Data;

(2)    Agency for State Register of Legal Entities;

(3)    Agency for Civil Status Acts Registration;

(4)    Agency for Expert Examination of Legal Acts.

35.   A Supervisory Service shall operate within the structure of the Ministry, that ensures the exercise of supervisory functions reserved to the Ministry and the Minister, as well as shall submit recommendations to the Minister based on the results.

VII. SUBORDINATE BODIES OF THE MINISTRY

36.   Subordinate bodies of the Ministry shall be the following:

(1)    Compulsory Enforcement Service;

(2)    Penitentiary Service;

(3)    Probation Service.

 

VIII. PROPERTY OF THE MINISTRY

37.   The Ministry shall have a separate balance sheet.

38.   The property of the Ministry shall consist of the property assigned (attached) to the Ministry for the possession and use, as prescribed by the legislation of the Republic of Armenia.

39.   Composition and amount of the property assigned to the Ministry shall be determined by the Government of the Republic of Armenia.

40.   The Ministry shall possess, use and — in cases provided for by other legal acts — dispose the property assigned thereto.

41.    The purchases made for the needs of the Ministry shall be made in the manner prescribed by the Law of the Republic of Armenia "On procurements". Procurement process shall be coordinated by the General Secretary.

 

IX. ACCOUNTING AND REPORTS

42.   The Ministry shall maintain accounting and shall submit accounting reports as prescribed by law.

43.   The authenticity of financial reports of the Ministry may be subject to verification in the manner and cases prescribed by law.

44.   The Ministry shall perform its financial operations through the Treasury.

45.   The General Secretary shall be responsible for implementing financial operations who exercises the powers prescribed by the Law "On the Treasury system".

 

   

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