The purpose of the adoption of the package of drafts is the definition of more comprehensive and coordinated, simple and perceivable regulations by the use of the united legal notions, as a result of which, it is expected to provide more effective protection of the participants of the enforcement proceedings, as well as regarding the systemized aspect with the enforcement proceedings.
The RA Deputy Minister of Justice Levon Balyan said this, presenting to parliament in the first reading the draft law On Enforcement proceedings and the package of the enclosed presented draft laws.
As a result of the adoption of the draft, the predictability, certainty of the legislation is expected, creating preconditions also for the fair solution of the disputes connected with more correct comment and use, enforcement proceedings of the law.
It is expected to ensure the complete compliance of the inner-state with the case law of the European Convention on Protection of Human Rights and Fundamental Freedoms, the European of Human Rights, the requirements of the oversight bodies and mechanisms of the Council of Europe. As the key rapporteur presented, continuing the policy of shedding the citizens’ load adopted by the Government a new system of calculation of performance expenditures is introduced by the submitting package. A new mechanism is introduced, according to which, if the two sides agree, they can reschedule, postpone the fulfillment of obligation, change the order or the way of the fulfillment by mutual consent.
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Before, it was possible by only a separate decision, which required an additional expenditure and long time. From now on, the citizen having proceedings will be able to manage the prohibited property – to give for rent or independently sell out of auction the prohibited property, paying the rent and the price of sale on the deposit account of the service providing the enforcement.
“An opportunity will be given for new quality to enforcement, introduce predictable distinct regulations, raise the efficiency of the implementation by the adoption of package of drafts,” the key rapporteur said summing up.
According to the co-rapporteur, the member of the Standing Committee on State and Legal Affairs Arpine Davoyan, genuinely great amendments are made by the package of drafts. She proposed her colleagues to vote for the legislative initiative.
National Assembly of the Republic of Armenia