Print The Law of the Republic of Armenia on
Advocacy [1]
CHAPTER 1. General Provisions
Article 1. Subject Matter of the Law
This law prescribes principles for practicing advocate’s activity and organizing professional associations of advocates, as well as the rules for practicing this activity in the Republic of Armenia.
Article 2. Legislation on Advocacy
Legislation on advocacy consists of the Constitution of the Republic of Armenia, the civil procedure and criminal procedure codes, this law and other legal acts.
The procedure set forth in this law is unified and mandatory for all advocates.
Article 3. Advocacy and the State
Advocacy is a professional association of advocates, which, being an institution of civil society, is not part of the system of government and local self-government bodies.
Advocacy is based on the principles of independence, rule of law, self-governance and equality of advocates.
In order to provide availability of legal assistance to the society and to promote advocate's activities, government bodies shall ensure guarantees for advocates' independence and remuneration for advocates rendering free legal assistance to citizens of the Republic of Armenia in cases prescribed by law. They also cooperate with advocates providing free legal services by providing office space and means of communication to them in case of necessity.
Article 4. Limitation of Use of Definitions in This Law
Use of the terms ‘advocate’, ‘chamber of advocates’, ‘collegium of advocates’, ‘union of advocates’ or their declination, or use of word combinations with their semantic translations in other languages in the titles of organizations and public associations shall be agreed with the Board of Chamber of Advocates.
Article 5. Advocates' Activity
Advocate’s activity is a type of law-protecting activity, which aims at accomplishing legitimate interests of the person who receives legal assistance, with means and methods not prohibited by law.
Advocate activity includes:
1) Consultation, including consulting clients on their rights and obligations, activities of the judicial system in respect to the rights of the client, as well as studying documents, preparing other documents of legal nature;
2) Representation, including court representation;
3) Defense in criminal cases.
Only an advocate shall exercise court representation, as an entrepreneurial activity, or defense prescribed by this Article.
The type of legal assistance provided by persons in working relationship and acting for the benefit of the employer is not considered advocate's activity.
This law does not extend to persons who provide representation pursuant to the law and who are engaged in such activity as non-entrepreneurial activity.
Article 6. Payment for Advocates' Activity
Advocate is entitled to receive remuneration for his/her services.
The amount and procedure of remuneration for advocate's activity shall be decided by the written contract signed according to the Civil Procedure Code of the Republic of Armenia between the advocate and the client.
The state shall ensure free legal assistance for criminal cases in cases prescribed by the Criminal Procedure Code of the Republic of Armenia and in cases prescribed by the RA Civil Procedure Code:
1) cases on levying alimony;
2) cases on compensation for losses incurred upon mutilation or other types of damage to health or upon death of bread-winner of the family.
Free legal assistance shall be provided by the Chamber of Advocates at the state’s expense, following the procedure set forth in articles 41-42 of this law.
Free legal services can be provided also at the advocate's initiative.
CHAPTER 2. Organization of Advocacy
Article 7. Chamber of Advocates of the Republic of Armenia
The Chamber of Advocates of the Republic of Armenia (hereinafter referred to as ‘Chamber of Advocates’) is a professional, independent self-governed, unified legal entity, peculiarities of which are defined in this Law. Advocates' Chamber acquires a status of a legal entity upon its registration in the manner prescribed by law.
Objectives of the Chamber of Advocates are as follows:
1) create conditions for professional activities of their members;
2) protect rights and lawful interests of its members in their interrelation with government and local self-government bodies, organizations and in courts;
3) organize educational training of its members;
4) oversee that its members follow the requirements of the code of advocate's conduct and the charter of the advocates' chamber;
5) take measures with the purpose of raising the reputation of advocate's profession;
6) ensure free legal assistance as prescribed by this law equally accessible and effective to all.
Chamber of advocates can cooperate with advocates' agencies of foreign countries and with international and other organizations.
Article 8. Bodies of the Chamber of Advocates
The following are the bodies of the Chamber of Advocates:
1) General Meeting of the Chamber of Advocates;
2) Board of the Chamber of Advocates;
3) Disciplinary Committee of the Chamber of Advocates;
4) Qualification Commission of the Chamber of Advocates;
Members of the bodies of Advocates' Chamber work in those bodies with no remuneration with the exception of the Chairman of the Chamber of Advocates.
Members of the bodies of Advocates' Chamber can combine their work in those bodies with advocate's activities.
Members of the Advocates' Chamber can be elected into only one body of Advocates' Chamber.
Powers, order of formation, order of operation, objectives and functions of the bodies of the Chamber of Advocates shall be defined by this law and the Charter of the Chamber of Advocates.
Article 9. General Meeting of the Chamber of Advocates
General Meeting of the Chamber of Advocates is the general meeting of advocates, which is authorized to discuss and solve issues related to advocacy and rising from this Law.
General Meeting of Advocates is the supreme body of the Chamber of Advocates, which:
1) adopts the Charter of the Chamber of Advocates and the Code of Advocate's Conduct and makes amendments to it;
2) elects and calls back members of the Board of the Chamber of Advocates and the Disciplinary Committee of the Chamber of Advocates;
3) elects and calls back advocate members of the Qualification Commission of the Chamber of Advocates;
4) elects and calls back the Chairman of the Chamber of Advocates;
5) hears the report of the Board of Advocates' Chamber on the activities of the Board of Advocates' Chamber in the reported period and report of the Head of Public Defender's Office on the activities of the Public Defender's Office in the reported period;
6) hears the conclusion of the audit;
7) takes a decision on issuing special licenses;
8) carries out other functions provided by this law and the Charter of the Chamber of Advocates.
General Meeting of the Chamber of Advocates is convened at least once every 2 years at the initiative of the Chairman of the Chamber of Advocates. An extraordinary General Meeting of Advocates can be convened at the initiative of one third of members of the Chamber of Advocates or the Board of the Chamber of Advocates.
General Meeting of the Chamber of Advocates has legal power if more than two thirds of members of the Chamber of Advocates is present at the meeting.
Decisions of the General Meeting of the Chamber of Advocates can be approved with simple majority vote.
Powers of the General Meeting of the Chamber of Advocates cannot be transferred to other bodies.
With the purpose of partaking in the General Meeting of the Chamber of Advocates a member of the Chamber of Advocates may authorize his vote to another member of the Chamber of Advocates in the manner prescribed by the Charter of the Chamber of Advocates.
Article 10. Board of the Chamber of Advocates
The Board of the Chamber of Advocates is the executive body of the Chamber of Advocates.
The Board of the Chamber of Advocates is elected out of the members of advocates, through close secret voting, with the exception of the Chairman of the Chamber of Advocates, for a term of two years. The Board of the Chamber of Advocates is elected with a membership of eleven.
The Board of the Chamber of Advocates:
1) forms the Qualification Commission;
2) develops the Code of Advocate's Conduct and submits it to the General Meeting of the Chamber of Advocates for its approval;
3) proposes recommendations on improvement of laws and other legal acts to relevant government bodies;
4) prepares and approves draft annual budget of the Chamber of Advocates; prepares financial requests on reimbursement for providing free legal assistance and submits it to the RA Finance and Economy Ministry through the RA Ministry of Justice.
5) organizes professional training and education of advocates;
6) takes a decision on issuing a license (except for a special license) for advocate's activities to a candidate in the manner prescribed by Article 29 of this law;
7) takes a decision on recognizing an advocate's license ineffective, following the procedure set forth in article 36 of this law;
8) takes a decision on suspending or reinstating an advocate's license, following the procedure set forth in article 38 of this law;
9) develops and approves the procedure for organizing and holding an internship;
10) approves the amount and payment order of advocates' membership fee and candidates' entry and other payments.
11) Approves staff list of the Chamber of Advocates;
12) Files disciplinary action and makes decision on disciplinary sanction against advocates.
13) carries out other powers prescribed by the law and Charter of the Chamber of Advocates.
Sessions of the Board of Chamber of Advocates shall be convened by the Chairman of the Chamber of Advocates upon necessity, but no less than 4 times a year. Sessions of the Board of Chamber of Advocates can also be convened by one third of Board members of the Chamber of Advocates or at the initiative of 30 members of the Chamber of Advocates.
Sessions of the Board of Chamber of Advocates have legal power if at least seven members of the Board of Chamber of Advocates are present at the session.
A member of the Board of Chamber of Advocates shall vote at sessions of the Board of the Chamber of Advocates in person.
Decisions of sessions of the Board of Advocates' Chamber are adopted by majority of votes of the members present at the session.
Article 11. Disciplinary Committee of the Chamber of Advocates
Disciplinary Committee of the Chamber of Advocates is the body in charge of disciplinary actions.
Disciplinary Committee of the Chamber of Advocates is elected from among the advocates, through close secret vote, for a term of two years with a membership of nine.
Disciplinary Committee of the Chamber of Advocates:
1) is in charge of a disciplinary action against an advocate;
2) gives recommendation on assigning a disciplinary sanction for an advocate following article 40 (1,2 and 3) of this Law;
3) gives a conclusion on recognizing an advocate's license ineffective.
Chairman of Disciplinary Committee of the Chamber of Advocates is elected from among the Disciplinary Committee of the Chamber of Advocates.
Sessions of the Disciplinary Committee of the Chamber of Advocates shall be convened by the Chairman of the Disciplinary Committee of the Chamber of Advocates.
Sessions of the Board of Chamber of Advocates have legal power if more than two thirds of all members of the Disciplinary Committee of the Chamber of Advocates are present at the session.
Decisions of sessions of the Disciplinary Committee of the Chamber of Advocates are adopted by simple majority vote of all the members of the Disciplinary Committee of the Chamber.
A member of the Board of the Chamber of Advocates or the Chamber's Qualification Committee, as well as the Chairman of the Chamber of Advocates cannot become member of the Disciplinary Committee of the Chamber of Advocates.
Article 12. Qualification Commission of the Chamber of Advocates
Qualification Commission of the Chamber of Advocates is created with the purpose of organizing and summing up the results of qualification examinations of candidates.
Qualification Commission of the Chamber of Advocates is formed for the term of 2 years. It consists of nine members and has the following representation norms:
1) 6 advocates elected through close secret vote, who have at least 5 years' experience of advocate's activities;
2) 1 representatives from the Ministry of Justice of the Republic of Armenia, upon submission from the RA Minister of Justice;
3) 1 academician-lawyers from the RA Academy of Sciences, upon submission from the head of that institution;
4) 1 judges from the Court of Cassation of the Republic of Armenia (hereinafter, Cassation Court) upon submission of the Chairman of Cassation Court;
Chairman of the Qualification Commission of advocates' chamber is elected from among the advocate members of the Qualification Commission.
Sessions of the Qualification Commission shall be convened by the Chairman of the Qualification Commission.
The sessions of the Qualification Commission of Advocates' Chamber shall have legal power if no less than two thirds of all members of the Qualification Commission is present.
Decisions on giving examinations to candidates shall be adopted by majority vote of the members of the Qualification Commission present at the session through voting with nominated ballots. The form of the ballot shall be determined by the Board of the Chamber of Advocates. Minutes of the Qualification Commission session shall be signed by all the members of the Qualification Commission, irrespective of the standing of each of the members during the voting. Ballots and written tests shall be attached to the minutes and kept in the files of Chamber of Advocates for three years. The decision of Qualification Commission of Advocates' Chamber shall be announced to the candidate immediately after the voting.
Article 13. Chairman of the Chamber of Advocates
Chairman of the Chamber of Advocates is the highest office of the executive body of the Chamber of Advocates.
Chairman of the Chamber of Advocates is elected from among advocates members to the Chamber of Advocates and with no less 7 years work experience , through close secret vote, for a term of four years, but for no more than 2 consecutive terms.
Chairman of the Chamber of Advocates:
1) represents the Chamber of Advocates;
2) takes decisions on issues related to proper functioning of the Chamber of Advocates;
3) appoints and dismisses head of the staff and other staff members of the Chamber of Advocates;
4) approves job descriptions of the staff of the Chamber of Advocates;
5) includes the name of an advocate into the list of advocates;
6) issues certificates for advocates, advocates' assistants and advocates' interns;
7) carries out other powers prescribed by the law and Charter of the Chamber of Advocates.
In order to carry out his/her duties, Chairman of the Chamber of Advocates has a deputy who shall be appointed by the Chairman of the Board of the Chamber of Advocates from among the members of the Board. The Deputy Chairman of the Chamber of Advocates replaces the Chairman of the Chamber of Advocates in his absence.
Chairman of the Chamber of Advocates is the Chairman of the Chamber of Advocates' Board by virtue of his office.
Combining the work of Chairman of the Board of Chamber of Advocates with advocate's activities shall not interfere with performance of Chairman's duties.
Article 14. Monitoring of Financial-Economic Activities of the Chamber of Advocates
Monitoring of financial-economic activities of the Chamber of Advocates shall be conducted by an independent auditing company selected by the Board of the Chamber of Advocates no less than once in two years.
Article 15. Property of the Chamber of Advocates
Property of the Chamber of Advocates originates from membership fees paid by advocates and from other sources not prohibited by law.
Article 16. Public Organizations of Advocates
Advocates have the right to create public organizations of advocates or be member of a public organization of advocates, pursuant to the legislation of the Republic of Armenia.
Public organizations of advocates cannot conduct functions of the Chamber of Advocates or their bodies as provided by this law, with the exception of the functions set forth in article 10 (3 and 5) of this law.
CHAPTER 3. Advocate and His/Her Activity
Article 17. An Advocate
Advocate is the person who has obtained an advocate’s license in the manner prescribed by this law, who is a member of the advocates' chamber, who took an oath. An advocate is an independent consultant on legal issues.
An advocate promotes rule of law in the society and advocates respect towards human rights and freedoms and establishment of international norms.
In rendering legal assistance, an advocate:
1) provides consulting on legal issues both in oral and written form;
2) prepares applications, complaints, motions and other documents of legal nature and drafts of such documents;
3) participates in civil procedure as representative of the client; participate in trial of a case in the RA Constitutional Court.
4) participates in criminal procedure or cases on administrative offense as representative or defender of the client;
5) participates in hearings of cases in arbitrage courts and other bodies for solving arguments, as representative of the client;
6) represents the interests of the client in government and local self-government bodies, in public associations and other organizations, government agencies, courts and law-enforcement bodies of foreign countries, NGOs of foreign countries, unless otherwise provided by the legislation of the foreign country, charter documents of international judicial bodies and international organizations or by the international agreements of the Republic of Armenia.
An advocate has the right to render other types of legal assistance not prohibited by law. In civil procedures and procedures on administrative offenses advocates can represent organizations, government and local government bodies, except for cases when those functions are performed by people on staff of such government and local government bodies, unless otherwise prescribed by law.
An advocate shall train his/her interns.
An advocate pays membership fee in the amount determined by the Chamber of Advocates for the general needs and other expenses related to advocates' practice.
A foreign advocate shall practice advocates' activity in the Republic of Armenia pursuant to the order set forth in this law, in the Charter of the chamber of Advocate and the Code of Advocate's Conduct, unless otherwise prescribed by international agreements of the Republic of Armenia. A foreign advocate functions in the Republic of Armenia basing on the license issued by the relevant advocates' institution of his/her country and he/she shall get accreditation at the Chamber of Advocates.
A foreign advocate cannot provide legal assistance on issues related to state or official secrets of the Republic of Armenia
Foreign advocates cannot be elected in the bodies of the Chamber of Advocates.
Article 18. Principal Rights of an Advocate
Rights of an advocate participating in civil and criminal procedures as well as in cases of administrative offenses as representative or defender of a client are defined by the law.
In particular, an advocate has the right to:
1) represent or defend individuals or legal entities following the order set by civil or criminal procedure codes, as well as represent interests of clients in government and local self-government bodies, in NGOs and other organizations;
2) acquire and present evidence in favor of the client following the procedure prescribed by law;
3) apply to government and local self-government bodies and organizations to get documents and information necessary for rendering legal assistance. The named bodies and organizations shall provide required documents or their copies to the advocate following the procedure provided by law.
4) interview people in written form, with their consent, who supposedly possess information related to the case on which the advocate is providing legal assistance;
5) engage experts by a contract to provide clarification on issues related to the legal assistance which require knowledge within another profession.
An advocate holding Special License has the right to appeal court decisions, judgments, sentences that have entered into lawful force and to participate at the hearing of the case he/she brought to the Court of Cassation.
Article 19. Principal Obligations of an Advocate
An advocate shall:
1) conscientiously and honestly protect the interests of a client by all means not prohibited by laws of the Republic of Armenia;
2) follow the requirements of this law, the code of advocate's conduct and charter of the Chamber of Advocates;
3) not reveal advocate's secret, except for cases provided by the law;
4) continually improve his/her knowledge;
5) pay membership fees;
6) not to take any action conflicting with the interests of a client, not to take any line without agreeing with the client, except for cases when the advocate is sure of false self-incrimination by the defendant, not to admit the client's crime and connection with the crime conflicting with the client's position.
Article 20. Peculiarities of Principal Rights and Obligations of an Advocate
An advocate shall not accept the case of a person requesting legal assistance from him/her if:
1) it is apparently of illegal nature;
2) he/she has his/her own interest in the object of the contract made with the client, which conflicts with the client's interest;
An advocate shall not:
1) provide legal assistance if there is conflict with his interests or the interests of his or her clients in the same case,
2) he/she has been involved in the given case as a judge, prosecuting attorney, investigator, employee of the investigating body, expert or witness, as well as in case if he/she is an official who was authorized to make a decision within the scope of interests of the client;
3) he/she has kinship, personal ties with or dependency from the official who was engaged or is engaged in the proceedings of the given case;
4) he/she is to represent a client whose interests are adverse to another client’s interests that the advocate represented in the past, unless the former client gives written consent.
5) make a statement about a client's guilt being proven if the latter denies it;
6) disclose information acquired from a client while rendering legal assistance to him/her without the client's consent.
An advocate shall cease rendering legal assistance to two or more persons if there is a conflict between their interests.
An advocate has a right to renounce the assumed obligations only in cases prescribed by this law or by the contract signed with the client.
A client has a right to stop using an advocate’s service at any time by compensating for legal assistance that has already been rendered.
When renouncing assumed obligations, the advocate shall notify the client in advance, to allow reasonable time before leaving the client to find a new advocate; the advocate shall provide the client relevant documents of the case that he/she possesses.
An advocate has other rights and obligations prescribed by law.
Article 21. Guarantees for Advocate’s Activity
The advocate shall be independent in his/her activities and shall be guided only to the RA Constitution and Laws, Code of Advocate’s conduct and charter of the Chamber of Advocates.
Interference of national or local self-governing authorities, the officials thereof, political parties, non-governmental organizations or mass media with the professional activity of an advocate shall be prohibited.
An advocate shall be provided an opportunity to have individual, unhampered, confidential communication and consultation with his/her clients.
An advocate shall not be prosecuted or held liable for any action performed in accordance with the law, including expression of his/her opinion or position in court, bodies of inquiry, investigation or other agencies, in the process of conscientious performance of his/her professional duties, except if advocate’s involvement in illegal action or inaction has been determined by a court decision which has entered into force.
Article 22. Legal Protection of an Advocate
An advocate, members of his/her family and their property are under state protection.
Authorized state bodies shall undertake necessary measures, prescribed by the law, to protect an advocate, if, in connection with performance of his/her professional duties, an advocate or members of his/her family have been threatened by physical violence, by destruction of property or other unlawful action.
When arresting or detaining an advocate, the body conducting the arrest shall immediately inform the Chairman of the Chamber of Advocates about it.
Article 23. Advocate's Assistant
An advocate has the right to have an assistant or assistants. People described in article 33 of this law cannot become an advocate's assistant.
An advocate's assistant cannot practice advocate's activity.
An advocate's assistant shall not publicize advocate's confidential information, except in cases provided by the Criminal Code of the Republic of Armenia, i.e. definite information about preparation of a grave or especially grave crime.
An advocate's assistant shall be employed basing on an employment contract made with the organization which employs the advocate or an employment contract made with an advocate who is an individual entrepreneur.
An advocate's assistant's identification is determined by an advocate's assistant's ID, the form and procedure of issuance for which is determined by the Board of the Advocate's Chamber.
Article 24. Advocate's Intern
An advocate having advocate's experience of 5 and more years has the right to have an intern or interns.
A person with higher legal education who has passed 1 to 2 years' internship in the structures of the Chamber of Advocates can become an advocate's intern except for persons described in article 33 of this law.
Rules and terms for an internship and its termination are determined by the Board of the Advocate's Chamber.
An advocate's intern shall carry out his activity guided by the advocate, performing the advocate's specific assignments related to advocates' activities. An advocate's intern shall not practice advocate's activity independently. An advocate's intern shall not disclose advocate's secret, except in cases provided by the Criminal Code of the Republic of Armenia, i.e. definite information about preparation of a grave or especially grave crime. An advocate's intern is employed basing on an employment contract made with the organization which employs the advocate or an employment contract made with an advocate who is an individual entrepreneur.
An advocate's intern 's identification is determined by an advocate's intern's ID, the form and procedure of issuance for which is determined by the Board of the Advocate's Chamber.
Article 25. Advocate's Secret (Confidentiality)
The information confidentially provided to an advocate by the client, as well as the information and evidence obtained by an advocate independently in the course of his/her advocate activity and not known by the public, shall be considered as advocate's secret.
An advocate cannot be interrogated as a witness on information of which he/she disposed while being requested to render legal assistance or while rendering legal assistance.
An advocate can disclose advocate's secret if:
1) client consent is available;
2) it is necessary for supporting the claims in a dispute arisen between the advocate and the client, or for advocate’s defense;
3) in cases provided by the Criminal Code of the Republic of Armenia, i.e., definite information about preparation of grave or especially grave crime. The obligation to preserve the advocate secret shall not be limited in time.
Chapter 26. Organizational-Legal Forms of Advocates' Activity
For organization of their activity, advocates can choose any of the organizational-legal forms of activity provided by RA legislation.
Chapter 27. Code of Advocate's Conduct
Code of Advocate's Conduct determines rules for advocates' conduct and principles for advocate's ethics.
CHAPTER 4. Licensing of Advocate's Activity
Article 28. Requirements for Receiving Advocate License
A license for advocate activities may be given to the person who:
1) has higher legal education or a law degree, who also has two years' employment experience in a legal position;
2) has passed qualification examination and has received a relevant certificate.
For obtaining a license for advocates' activities, the advocate shall pass an examination with a program determined by the Board of the Chamber of Advocates and for obtaining a special license the advocate shall pass an examination with a special program. Board of the Chamber of Advocates shall determine rules for giving and taking the examination.
In order to get a license for advocate's activity, the candidate shall submit to the Qualification Commission an application, a copy of an identification document, CV, copy of employment record book or other document certifying that he/she worked in the legal profession, a document certifying that he/she has a higher legal education or a law degree, as well as other documents required by legislation on advocacy.
In case of necessity, the Qualification Commission shall make a check within 2 months period to verify the papers and data submitted by the candidate.
Qualification examination consists of a written test and an oral interview. The requirements for the qualification examination, the list of examinable subjects and grading criteria are determined by the Qualification Commission.
Results of the qualification examination may be appealed in court.
Candidates failing the qualification examination will have the right to reapply after one year. Number of attempts to pass the exam is not limited.
Examinations shall be held, at least, once a year.
Employment experience in a legal position required for getting a license for advocate's activity includes employment as a:
1) judge or prosecutor;
2) in a position in non-governmental, government or local self-government bodies or a research institution requiring higher legal education;
3) as an advocate or an advocate’s intern;
4) as a notary or an investigator;
5) as a law professor in high school, university or in a post-graduate educational institution;
Article 29. The Procedure for Issuing Advocate's License
In order to receive an advocate license, a candidate shall submit to the Advocates' Chamber an application requesting to get a membership of the Chamber of Advocates, and a copy of the certificate issued by the Qualification Commission.
The application of the candidate shall be considered and a decision shall be made by the Board of Advocates’ Chamber within a month's period.
Discrimination of candidates on the basis of nationality, citizenship, sex, language, religion, political or other opinions, social origin, property or any other condition is prohibited.
An application may be turned down, if the requirements prescribed by articles 28 and 33 of this law have not been met .
Rejection of an application may be appealed in court within a month's period.
In case of rejection of the application, the candidate may submit a new application 1 year after the date of issuance of the rejection.
A member receiving membership of the Chamber of advocates receives a license endorsed with the seal of the Chamber of Advocates and with signature of the Chairman within 5 days.
The license shall be issued with no time and age limit.
Article 30. Special License and Procedure for Its Issuance
Special license is issued in the Cassation Court with the aim of conducting advocate’s activities on bases provided by law.
In order to receive a special license, an advocate shall submit to the Chairman of the Advocates' Chamber an application requesting to get a special license and a copy of the relevant certificate issued by the Qualification Commission and a copy of the advocate's license.
Special license is given by the Chairman of the Advocates' Chamber to the first seven advocates with the largest number of votes determined at the General Assembly, basing on the results of a secret ballot voting.
The Chamber of Advocates may issue no more than seven special licenses per year for a term of 5 years.
A special license shall be issued after summarizing the results of voting of the General Meeting , within 5 days.
Article 31. Registration of an Advocate with Special License with the Court of Cassation
Within five days after submitting the Special License along with a note certifying payment of state duties to the Court of Cassation, an advocate holding a Special License shall be registered in the Cassation Court at the decision made by the Chairman of the Court of Cassation.
An advocate holding a Special License may begin to exercise his/her powers upon registration.
Article 32. Advocate's Oath
A candidate who receives a advocate license for the first time shall take an oath in front of the Board of the Chamber of Advocates' during a solemn ceremony with the following content:
"I solemnly swear to honestly and conscientiously perform advocate's duties, to keep advocate's secret and to protect clients rights, freedoms and interests guiding myself by the RA Constitution, law and the code of advocate's conduct".
The oath shall be taken individually by each advocate's reading the text of the oath.
The text of the oath shall be signed by the advocate.
Article 33. Limitations of Advocate's Activities
A person may not be an advocate if:
1) he/she was recognized by court decision as lacking or having limited dispositive capacity ;
2) he/she was convicted of intentional crime, and the conviction has not been canceled or waived.
Article 34. The List of Practicing Advocates and Inclusion in It
In order to ensure accessibility of advocate’s activity for the public the Board of Advocates’ Chamber shall keep and, at least twice a year, publish the List of Advocates.
The List of Advocates shall include the first and last names of advocates, his/her contact information, specialization, as well as other information upon the advocate’s will, which he/she must mention in detail in his application.
Within 14 days of receipt of application of an advocate from a foreign country who holds an advocate's license or has a right to practice advocate's activity in his/her country, the Chairman of Advocates' Chamber shall include him/her into the List of Advocates.
The advocate shall be held liable according to the law for providing false information in the List of Advocates.
Article 35. Removal from the List of Advocates
At the decision of the Board of Advocates' Chamber an advocate shall be removed from the List of Advocates if:
1) he/she submitted a written application requesting to remove his/her name from the List of Advocates;
2) his/her license is terminated if grounds provided in article 36 of this law are in place;
3) right of a foreign advocate to advocate's activity has been terminated in his country of citizenship.
CHAPTER 5. Termination and Suspension of an Advocate License
Article 36. Termination of a License
An advocate license shall be terminated if:
1) the advocate requests the Chairman of the Chamber of Advocates in writing to terminate the license;
2) the license was obtained with violations of the requirements of law;
3) circumstances described in article 33 of this law are in place;
4) was subjected to disciplinary penalty for three or more times within one year's period;
5) died, or a court decision on recognizing him dead entered into legal force.
6) submitted false data to the Qualification Commission.
7) term for suspension of the license pursuant to article 38 of this law expired.
A license shall be terminated by the Board of the Chamber of Advocates through recognizing it ineffective.
In cases prescribed by the first part Items 4 and 5 of this Article, an advocate’s license shall be recognized as ineffective by the Board of the Chamber of Advocates on the basis of a recommendation made by the Disciplinary Committee of the Chamber of Advocates.
Decision on terminating an advocate’s license may be appealed in court within one month’s period.
An advocate has a right to apply for a new license 2 years after termination of his/her license.
A foreign advocate cannot practice advocate's activities in the Republic of Armenia in cases when his right for practicing advocate's activity has been terminated in the country where he got authorization to conduct advocate's activity.
Article 37. Termination of a Special License
A Special License shall be terminated by the Board of Chamber of Advocates if:
1) an advocate applies in writing requesting to terminate the Special License;
2) circumstances described in article 36 of this law are in place;
3) the period for which the Special License was issued has expired;
4) term for suspension of the special license pursuant to article 38 of this law expired;
A Special License can be terminated also in other cases provided by law.
Decision on terminating an advocate’s special license may be appealed in court within one month’s period.
An advocate has a right to apply for a new special license two years after termination of his/her special license.
In case an advocate's special license becomes ineffective, the advocate has the right to continue advocate's activity basing on his/her advocate's license.
In case of termination of a special license, the Chairman of the Chamber of Advocates shall notify the Chairman of the Cassation Court within five days.
Article 38. Suspension of an Advocate’s License and a Special License
An advocate’s license and a Special License shall be suspended for up to five years' period if an advocate:
1) has been elected to an elective position in a state body or a position of community leader for the term of office;
2) has been drafted for military service, for the period of the service;
3) is unable to fulfill his/her professional duties for health reasons for over 1 year, if he/she has relevant documents to prove that;
4) moved to state service, for the term of state service.
5) has been recognized as missing for unknown reasons pursuant to a procedure prescribed by law;
6) charges were brought against him for committing deliberate crime connected with his advocate's activity;
7) under other circumstances provided by law.
In case the court assigns obligatory medical measures in respect to an advocate, the Board of the Chamber of Advocates can suspend the advocate's license.
Suspension of an advocate's license shall ensue suspension of guarantees applied towards that advocate under this law.
A license and a special license is suspended by the Board of the Chamber of Advocates.
An advocate shall notify about circumstances described in the first part, items 1, 2, 3 or 4 of this article to the Chairman of the Chamber of Advocates within ten days’ period.
Upon elimination of circumstances described in the first part of this article, the advocate's license shall be recovered by a decision made by the Board of the Advocate's Chamber based on an application of the advocate whose license had been suspended.
A decision rejecting recovery of an advocate's license can be appealed in court.
In case of suspension of an advocate's special license, the Chairman of the Chamber of Advocates shall notify the Chairman of the Cassation Court within five days.
CHAPTER 6. Liability of an Advocate
Article 39. Disciplinary Liability of an Advocate
An advocate is subject to disciplinary liability for violating the requirements of this law, the code of advocate’s conduct, or charter of the Chamber of Advocates and for failing to perform or improperly performing his/her professional duties. Disciplinary proceedings are initiated on the basis of written reports or publications in the mass media means. Anonymous reports or reports without address are not subject to checking.
An advocate shall have a right to participate in the disciplinary proceeding instituted against him/her, to have a defense counsel, to study the materials available at the disciplinary proceeding, to present evidence, to summon witnesses, to ask questions and to direct questions to people who witness against him/her.
Disciplinary proceeding shall be instituted in case of discovery of features of disciplinary violations, within 10 days of receipt of a publication or a report about it.
The advocate shall be informed about the decision on instituting a disciplinary proceeding.
Disciplinary proceeding cannot be instituted against an advocate and an instituted proceeding shall be dismissed if six months have passed since the discovery of the violation.
If a criminal case has been instituted or a criminal prosecution is underway against an advocate, after which filing of the criminal case is rejected or the criminal prosecution is terminated, and if features of disciplinary violation exist in the actions of the offender, the advocate shall be subject to disciplinary liability within two months from the date of issuance of the decision on rejecting filing of a criminal case or termination of the criminal prosecution.
Examination of the disciplinary proceeding shall conclude no later than within two-month period from the date of its filing, including the time necessary for making the decision.
The findings of the disciplinary proceedings shall be publicized by the Disciplinary Committee of the Chamber of Advocates.
Article 40. Types of Disciplinary Penalties Applied towards an Advocate
One of the following disciplinary penalties can be applied towards an advocate found guilty of a disciplinary violation:
1) reprimand;
2) severe reprimand;
3) fine.
The amount of fine is defined by the Board of Chamber of Advocates, which cannot exceed 100 minimal salaries. The fine shall be paid to the Chamber of Advocates.
When assigning disciplinary penalties, person who committed the action, severity and recurrence of the action, as well as its consequences and incurred damage shall be taken into account.
Penalty assigned to an advocate may be appealed in court, within one month from the date of assignment of the penalty.
In case of reprimand a disciplinary penalty shall be effective for three months, in case of severe reprimand – for six months, in case of fine – for nine months, starting from the date of the decision to assign disciplinary penalty. After the set time-period for the disciplinary penalty is passed an advocate shall be considered not to have a penalty.
CHAPTER 7. Public Defense and the Public Defender's Office
Article 41. Public Defense
Public defense is free legal assistance which is provided on cases falling under article 6 of this law.
Article 42. The Public Defender's Office
Public Defense is carried out through the Public Defender's Office.
Public Defender's Office is a separate structural subunit operating within the Advocate's Chamber and comprised of the Head of the Public Defender's Office and Public Defenders.
Article 43. Head of the Public Defender's Office
The Head of the Public Defender's Office shall be elected by the General Assembly of the Chamber of Advocates from among the members of the Chamber of Advocate who have no less than 5 years' work experience, through close secret vote, for a term of 4 years, but for no more than 2 consecutive terms;.
The Head of the Public Defender's Office shall be elected through majority of votes of persons who participated in the voting.
The Head of the Public Defender's Office:
1. represents the Public Defender's Office;
2. organizes legal assistance in cases provided by this law, which shall be equally accessible and efficient for all;
3. divides work among public defenders;
4. takes decisions to ensure proper functioning of the Public Defender's Office;
5. basing on application (request) of the body in charge of criminal investigation or application (request) of a citizen in cases provided by article 6 of this law, takes a decision to either satisfy the request on public defense and assign the case to a public defender or to reject it, if it is not provided by article 6 of this Law;
6. monitors the quality and timeline of legal assistance provided by public defenders.
7. makes a motion on starting a disciplinary action against a public defender.
The Head of the Public Defender's Office participates in the sessions of the Board of the Chamber of Advocates without right to vote.
The Head of the Public Defender's Office shall receive appropriate remuneration for his/her work in the amount of 95 % of the salary of the Board Chairman of Advocates' Chamber.
Article 44 . Public Defender
Public Defender is an advocate working with the Public Defender's Office under an employment contract made with the Board Chairman of the Chamber, upon submission by the Head of the Public Defender's Office.
A competition can be announced for the position of Head of the Public Defender's Office, following a procedure determined by the Board of the Advocates' Chamber.
Article 45. Remuneration of the Public Defender and Funding of the Public Defender's Office
The work of Public Defenders shall be compensated from the State Budget. The amount of money allocated to the Chamber of Advocates from the State Budget shall be determined by counting monthly payment to a public defender equal to that of a prosecutor of Yerevan City Community as provided by law.
The Public Defender's Office shall be financed from the State Budget of the Republic of Armenia.
The funding allocated to the Public Defenders' Office cannot be spent for other purposes.
The Public Defender's Office may involve additional funds from sources not prohibited by law, which may be used for improving the activities of the Office and for bonuses with the purpose of efficiency of public defenders' activities.
Funds of the Public Defender's Office shall be managed by the Head of the Public Defender's Office.
CHAPTER 8. Transitional and Final Provisions
Article 46. Enactment of This Law
This law enters into force on the next day of its official publication.
From the moment of enactment of this law, the Republic of Armenia Law Ðú-234 on “Advocate’s Activity” adopted on June 18, 1998, shall be considered invalid.
Article 47. Formation of the Chamber of Advocates
The Chamber of Advocates is the legal successor of the unions of advocates operating in the Republic of Armenia.
After enactment of this law the authorities of other advocate unions operating in the Republic of Armenia shall continue until the Chamber of Advocates is formed.
The Chamber of Advocates shall be formed within two months after enactment of this law, through reorganization of advocates' unions operating in the Republic of Armenia pursuant to the procedure established in Article 63 of the Civil Code of the Republic of Armenia.
The founding General Meeting of the Chamber of Advocates is convened by the oldest advocate, who presides over the Meeting until a Chairman of the Advocates' Chamber is elected.
The founding General Meeting of the Chamber of Advocates is authorized to start its work if two thirds of the total number of advocates of the existing advocates' unions is present.
Article 48. Legal Status of Advocates Holding Licenses before Enactment of This Law
Advocates' unions operating in the Republic of Armenia are considered reorganized upon their registration pursuant to the procedure established by law.
The Chamber of Advocates replaces the licenses and special licenses of the advocate-members of advocates' unions operating in the Republic of Armenia with the licenses of the Chamber of Advocates. The licenses and special licenses issued by the advocates' unions operating in the Republic of Armenia are valid within a three-month period after the registration of the Chamber of Advocates.
[1] In this law the term "advocacy" is used in the meaning of "defense lawyers' institution".