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- I had a quarrel with my neighbor relating to the toilet built on the adjacent land. I applied to the district administration, municipality and cadastre. The latters advised me to go to the court. Now that I have applied to the court, it determined to reject my claim by giving reasons that the claim was not drawn up according to the court rules. I turned to my lawyer. He required a separate sum for the consideration of my case and another sum for drawing up a claim and another sum for defending my case in the court. I am a pensioner and insolvent. How long shall I still breathe the “smell” my neighbor’s toilet? In conclusion, I would like to mention that I am one of the regular readers of “Iravunk” (transl. “Law”) newspaper.


Gevorg from Ywrwvan, Sari Tagh

The following legal practice has been applied in Armenia over the recent years which runs that courts ought to be accessible, but… Dear, Gevorg. Courts are not perfect. For instance, in the event it is required to pay state dues for drawing up a claim or application, but the plaintiff is insolvent, then it is necessary to submit a written petition for paying state dues by installments. The team of “Iravunk” newspaper has undertaken to highlight such legal norms as much as possible for years in the form of specific laws which its readers face on daily basis. In view of the fact that there are lots of insolvent citizens deprived of elementary legal knowledge who apply to the court, I kindly present a simple sample of a statement of claim which is submitted to the court of general competence. The following obligatory data are to be included within the statement of claim in the manner prescribed by the Legislation:

1. The Court’s name to which the given statement of claim is addressed. As a rule (save for separate cases) there is to be a mention of that court’s name in which the given person with whom the claim-writer has quarrel, is the resident of the administrative district.

2. The first, last and father’s names of the plaintiff (probably a few of them) and respondent (probably a few), passport data, place of registration and residence.

3. As all applications, a claim is also to bear a subject name. Hence, it is generally mentioned under the word “statement of claim” as to what the given claim concerns. For example, about the claim for the restoration of the previous state of the land and pulling down X sq.m unauthorized construction of the house located at………….  .

4. The prehistory of the subject matter of the disputes is to be stated as briefly as possible, but comprehensible and certain evidence is to be produced.

5. If the claim-writer is aware of the applicable legislative field (and it is mandatory) as regards the given dispute, then he or she is to mention the laws and legal acts by virtue of which the court ought to pass a verdict in favor of the latter.

6. The final section of the statement of claim is to concern the nature of the claim that the respondent has. For example, pulling down the X unauthorized construction of the house located at N address and the restoration of the land to its previous state.

7. The plaintiff, the court and the respondent are each to be provided with one statement of claim which is to be annexed with payment receipt of the state dues and the proofs substantiating the claim (plan, resolution, agreement, certificate of title….) in original, as well as the copy of the passport of the plaintiff.

The statement of claim annexed with all the required documents are to be submitted to the office of the given court where a respective record is to be made on basis of the copy of the plaintiff by certifying that the claim was filed with the court or sent via postal service (preferably via registered post).

It is necessary to know.

The Court is not the place where any civil dispute is necessarily to be referred there. The best model of the settlement of any civil dispute, which is still known to people, is an easy way of settlement of disputes even if the case is pending in the court. Some lawyers are merely engaged in professional law defending actions and not more in the case when numerous matters can be settled through the reconciliation of the parties issuing from all the positive consequences without exercise of any further aggression, hostility, cash expenses and waste of time thanks to an immediate mediation of a lawyer. It is high time to resort to and legalize the mandatory mediation of a lawyer as to the search for reconciliation measures prior to the referral to a lawyer’s judicial protection.