LEGAL UPDATE
November 2024
PART I: LAWS SUBJECT TO AMENDMENT
1. On making an amendment to the Law on Medical Assistance and Services of the Population
regarding the right to receive information about the health status of children under
the age of 16, as well as medical assistance and services.
2. On amending and supplementing the decision of the Government of the Republic
of Armenia No. 1340-N of November 19, 2015 on defining the cases of submitting
a customs declaration.
3. On making additions to the Law "On Cashless Operations" regarding the
implementation of cashless transactions regarding the acquisition of
crypto-assets
4. On making additions and amendments to the Civil Procedure Code
regarding the amount of state duty payment and grounds for
refusing to accept a claim.
5. On making additions to the Civil Code regarding
crypto-assets and their legal regulation.
6. On making amendments and additions to the law on customs
regulation regarding the examination of cases of violation
of customs rules.
7. On making additions to the Labor Code of the Republic of Armenia
regarding the grounds for terminating the employment contract.
8. On making an addition to the law "On Enforcement of Judicial Acts" regarding
property subject to confiscation.
9. On making amendments and supplements to the Law of the Republic of Armenia "On
Advertising" regarding the peculiarities of advertising for certain types of goods.
10. Amendment to the Law on Medicines regarding repealed provisions.
PART II. DRAFTS
1. Draft resolution of the RA government "On approving the passporting procedure for buildings and structures".
2. On the application of a tariff privilege and approval of the import procedure for motor vehicles with an electric motor imported into the territory of the Republic of Armenia under the code AA 8703 80 000 2 during the year 2025.
PART III. NEW LEGAL ACTS
1. Government Decision on Establishing the Procedure for Pre-Qualification of Persons for Inclusion in the Register of Duty-Free Shop Owners.
PART IV. AMENDED LEGAL ACTS, DECISIONS OF THE APPEAL BOARD AND JUDICIAL ACTS IN THE FIELD OF INTELLECTUAL PROPERTY
1. Court Case N: VD5/0258/05/24 on the permissibility of using a foreign language writing.
PART I: LAWS SUBJECT TO AMENDMENT
(This section of legal updates includes the legal acts that were changed in November 2024)
1. On making an amendment to the Law on Medical Assistance and Services of the Population regarding the right to receive information about the health status of children under the age of 16, as well as medical assistance and services
Name of the legislative act
Resolution HO-373-N on making additions to the Law on Medical Aid and Service of the Population of the Republic of Armenia
Change Status:
This law is in force from 18.11.2024.
What other legislative acts will be changed as a result:
The amendment applies only to the Law "On Medical Care and Services of the Population".
What the changes refer to (Note about changes occurring as a result of the amended legal act):
The amendment refers to the right of a person (patient) to receive information about the health status of a child under 16 years of age, as well as about medical care and service. In particular, according to the new amendment, according to the law, a child up to 16 years of age is provided with information about his health condition, diagnosis of the disease, provided (provided) medical care and service, including the selection of treatment methods, the course and results of their application, as well as information about the risks associated with them. , if there are conditions stipulated by the law at the same time.
After the words "disabled person" in Article 15, parts 2 and 3 of the Law HO-42 of March 4, 1996, "On medical care and service of the population", add the words "up to 16 years old", part 2 Clause 1, after the words "a recognized incompetent", with the words "up to 16 years of age", part 2, paragraph 2 clause after the words "to a person recognized as incapable" with the words "up to 16 years of age".
Old version.
2. The information provided for in part 1 of this
article regarding a person, child (patient) recognized
as incompetent in accordance with the law is
provided to him, if the following conditions are
present at the same time:
1) if, according to the doctor, a person recognized as
incapable according to the law, the child is able to
assess their health condition;
2) such information will not harm the person or child
recognized as incapable according to the law, or will
facilitate the provision of medical assistance and
services to him;
3) legal representatives do not object to providing this
information.
3. The information provided for in part 1 of this
article regarding the person, child (patient)
recognized as incapable in accordance with the law is
provided simultaneously to his legal representative
or, in the absence of the latter, to his authorized
contact person, and in the absence of the conditions
defined in part 2 of this article: only to a legal
representative or, in the absence of the latter, to an
authorized contact person.
New version.
«2. The information provided for in part 1 of this article
regarding a child (patient) under the age of 16 who has
been recognized as incapable according to the law shall
be provided to him, if the following conditions are
present at the same time:
1) if in the doctor's opinion a person recognized as
incapable according to the law, a child up to 16 years of
age is able to assess their health condition;
2) such information will not harm a person recognized
as incapable according to the law, a child under 16 years of age or will facilitate the provision of medical
assistance and service to him;
3) legal representatives do not object to providing this
information.
3. The information provided for in part 1 of this article
regarding a person recognized as incapacitated in
accordance with the law, a child (patient) under the age
of 16, is simultaneously provided to his legal
representative or, in the absence of the latter, to his
authorized contact person, and under the conditions
specified in part 2 of this article in absence, only to the
legal representative or, in the absence of the latter, to
the authorized contact person.
Suggestions/ Clarifications
(Note regarding the clarifications regarding the amendment of the legal act, as well as the legal proposals made
by us to be implemented as a result of the amendment)
If you are involved in the field of medical care and service, we encourage you to pay attention to the latest legal changes, according to which a child under the age of 16 has the right to receive information in an accessible manner about his health condition, diagnosis of the disease, provided (provided) medical care and service. including the choice of treatment methods, the course of application and results, as well as the risks associated with them.
2. On amending and supplementing the decision of the Government of the Republic of Armenia No. 1340-N of November 19, 2015 on defining the cases of submitting a customs declaration
Name of the legislative act:
Decision No. 1720 on amendments and additions to Decision No. 1340 of the RA Government of November 19, 2015.
Change Status:
This decision enters into force on April 1, 2025.
What other legislative acts will be changed as a result:
As a result of the decision, a change will take place in the RA Government's decision No. 1340 of November 19, 2015.
What the changes are about:
The amendment specifically refers to the cases of submitting the customs declaration on paper, as well as the list of products for which an electronic copy is not required if the customs declaration is submitted in writing.
Clause 2 of the decision should be written as follows::
2. Define the list of goods, customs procedures and cases for which an electronic copy is not required if the
customs declaration is submitted in writing, according to the annex.
2) supplement the decision with an appendix according to the appendix.
LIST OF GOODS, CUSTOMS PROCEDURES AND CASES FOR WHICH AN ELECTRONIC
EXAMPLE IS NOT REQUIRED IF THE CUSTOMS DECLARATION IS SUBMITTED IN WRITING
1. If the customs declaration is submitted in writing, it is not required to submit its electronic copy \
1) for the goods that are transported through the customs border of the Eurasian Economic Union under a special customs procedure;
2) for goods for personal use transported by individuals across the customs border of the Eurasian Economic Union;
3) In accordance with Chapter 40 of the Customs Code of the Eurasian Economic Union (hereinafter referred to as the Code), approved by Annex No. 1 of the Treaty of April 11, 2017 "On the Customs Code of the Eurasian Economic Union", in the case of transportation by international postal shipments;
4) in accordance with Chapter 42 of the Code, diplomatic representations and consular institutions, representations of states attached to international organizations, international organizations or their representations enjoying privileges and/or immunities in accordance with international treaties of member states with third parties and international treaties between member states, Eurasian Economic Union products intended for the official use of other organizations located in the customs territory or their representations, as well as from the privileges in accordance with international agreements of member states and international agreements between member states with third parties and (or) in the case of transportation of goods for personal use by certain categories of natural persons enjoying immunities;
5) as a customs declaration, in case of using transport (transportation), commercial and (or) other documents;
6) in case of submission of vehicle declaration for vehicles engaged in international transportation.
2. In the case provided by Sub-Clause 6 of Clause 1 of this Annex, in accordance with Article 82, Part 5 of the Law on Customs Regulation, a paper copy of the application and vehicle declaration submitted by the declarant in accordance with the model form attached to this Annex or as a vehicle declaration applied, provided for by Article 278, Clause 4 of the Code, on the basis of the standard documents of the carrier by the customs authority, for the purpose of registration and control, after the submission of the specified documents: Within 2 working hours, a document in the form of a vehicle declaration is created in the electronic system of automatic declaration, to which electronic copies of the documents submitted by the declarant are attached.
3. In the document in the form of a vehicle declaration, formed in accordance with point 2 of this appendix, the necessary information to be filled in accordance with the procedure for filling out the vehicle declaration, including:
1) direction of transportation (import or export);
2) registration number of the declaration.
3) vehicle information (make, model, type, registration number, country of registration, identification
number);
4) the name of the person transporting the goods, the person responsible for the use of the vehicle;
5) transportation route.
6) information on the presence or absence of staff;
7) information on the presence or absence of transported passengers;
8) information on the availability or absence of stocks.
9) information on the availability or absence of products;
10) information on the availability or absence of spare parts and equipment;
11) purpose of transportation (import or export);
12) the declarant's name, surname, date of submission of the application.
13) the name of the customs authority formulating temporary import (export), the date of registration of the customs declaration of the vehicle, customs control forms (if necessary), the period of temporary import.
14) the name of the customs body completing the temporary importation, the date of registration of the customs declaration of the vehicle, customs control forms (if necessary);
15) if available: the name of the intermediate customs body, the date of implementation of customs operations, customs control forms (if necessary), information on the extension of the temporary import period;
16) if available, additional, special notes.
4. In case of export of a vehicle temporarily imported for international transportation or import of a vehicle temporarily exported for international transportation, a new customs declaration of the vehicle is not submitted, and in the automatic customs declaration system, the electronic version of the vehicle declaration created by the customs body in accordance with paragraph 2 of this appendix in the document containing:
1) information on the customs authority formalizing the completion of temporary importation or temporary exportation;
2) entry (exit) date.
3) if necessary, the results of customs control and other information, if available.
Suggestions/ Clarifications
According to the amendment, from now on, a clear appendix defines in which cases when the submission of the Customs declaration in writing is not required, the submission of its electronic copy is not required. Therefore, if you, as a result of your activity, are related to the list of products to submit a customs declaration, therefore, we suggest that you pay attention to the above-mentioned change, regarding which the change will enter into force on April 1, 2025.
3. On making additions to the Law "On Cashless Operations" regarding the implementation of cashless transactions regarding the acquisition of crypto-assets
Name of the legislative act
HO-395-N on making an addition to the Law "On Cashless Operations".
The status of the change
This law enters into force on January 1, 2026.
What other legislative acts will be changed as a result:
As a result of the decision, an amendment will be made to the Law "On Cashless Operations".
What the changes are about:
The amendment specifically refers to the method of payment and receipt of payment for the alienation of a crypto-asset or the acquisition of ownership of it on another basis.
To supplement the law HO-12-N of January 18, 2022 "On non-cash operations" with the following
content, Article 6.1:
Article 6.1. Carrying out cashless transactions for the purchase of crypto-assets:
1. Payment and receipt of payment for alienation of a crypto-asset or acquisition of ownership of it on other grounds are carried out in a non-cash manner, regardless of the amount of the amount to be paid.
Suggestions/ Clarifications
We suggest to be consistent with the addition of a new provision in the law, which will henceforth refer to the implementation of cashless transactions regarding the acquisition of crypto-assets, regardless of the amount of money to be paid. The change in the law will come into force on January 1, 2026, however, if you are by expropriating a crypto-asset or acquiring ownership of it on another basis, then we draw your attention to the method of its implementation on legislative change.
4. On making additions and amendments to the Civil Procedure Code regarding the amount of state duty payment and grounds for refusing to accept a claim
Name of the legislative act:
HO-391-N on additions and amendments to the Code of Civil Procedure
Change Status:
This law enters into force on May 12, 2025.
This law applies to cases initiated on the basis of claims submitted after the entry into force of this law.
What other legislative acts will be changed as a result:
As a result of the decision, an addition will be made to the "Civil Procedure" Code.
What the changes are about:
The amendment specifically refers to the amount of state duty payment and the grounds for rejecting the application.
In Article 102 of the Civil Procedure Code of the Republic of Armenia of February 9, 2018 (hereinafter:
the Code):
1) fill in part 9.1 with the following content.
Article 102. State duty
9.1. If the nature of the claim defined by subparagraph "c" of clause 1, point 1 of Article 9 of the Law "On State Duties" is such that it is impossible to determine the amount of the state duty at the time of filing the claim, then the claimant is obliged to pay claims with non-monetary claims In this case, if the satisfaction of the relevant requirement leads to the invalidity of the contract or affects the price of the contract, the court by judicial act addresses the issue of charging an additional state duty in accordance with the contract price.
2) Section 12 repealed.
12. If during the examination of the case in the simplified procedure, the court makes a decision to examine it in the procedure of the general claim procedure, then the plaintiff is obliged to pay the amount of the state fee established by the law for filing a claim in the procedure of the general claim procedure. In this case, the court addresses with a judicial act the issue of charging an additional state fee in accordance with the established amount for submitting a claim in the general claim procedure.
To complete part 1 of Article 126 of the Code with the following points 6 and 7:
Article 126. Refusal to accept a claim
The court of first instance refuses to accept the claim if:
6) the claim formulated in the claim is clearly illegitimate (the claim will obviously be subject to rejection, regardless of the facts underlying it);
7) a claim has been filed by a person who obviously does not have the right to do so.
Article 301, part 2 of the Code is repealed
Article 301. Termination of simplified proceedings.
2. In the cases provided for in part 1 of this article, in the decision to examine the case in the order of general claim proceedings, the court makes a note about the possibility of charging an additional state fee with a final judicial act.
Suggestions/ Clarifications
We suggest to be consistent with the changes taking place in the law, which specifically refer to the amount of the state duty, as well as the grounds for rejecting the application. The amendment also repealed the power of the court during the transition to the general claim procedure during the simplified proceedings to refer to the amount determined by the court act for filing a claim in the general claim procedure, as well as the possibility of charging an additional state fee by the final court act with the decision to examine in the general claim
procedure. This law applies to cases initiated on the basis of claims submitted after the entry into force of this law.
5. On making additions to the Civil Code regarding crypto-assets and their legal regulation
Name of the legislative act:
HO-394-N on making additions and changes to the Civil Code
Change Status:
This law enters into force on November 21, 2024.
What other legislative acts will be changed as a result:
As a result of the decision, an addition will be made to the "Civil Code"
What the changes are about:
The amendment specifically refers to crypto-assets and their legal regulation.
Paragraph 1 of Article 132 of the Civil Code of the Republic of Armenia (hereinafter referred to as the Code) shall be filled with the word "crypto-assets" after the words "monetary funds".
Article 132. Types of objects of civil rights
The objects of civil rights are:
1) property, including cash, crypto-assets, securities and property rights;
2) works and services.
3) the information.
4) the results of intellectual activity, including exclusive rights to them (intellectual property);
5) intangible goods.
To supplement the Code with the following content with Article 143.1
Article 143.1. The crypto asset
1. A crypto-asset is an asset based on cryptography (cryptography) that has value or certifies rights, and that can be transferred and stored exclusively electronically using decentralized ledger technology.
2. For the purposes of this article, a decentralized ledger is an electronic ledger where transactions with crypto-assets and data about them are recorded, and which is synchronized and accessible within the decentralized ledger technology network while being stored, using a consensus mechanism.
3. In the sense of this article, the consensus mechanism is a set of rules and processes, on the basis of which an agreement is reached on the terms of validation and registration of transactions in the decentralized ledger by the decentralized ledger technology network.
4. In the sense of this article, the network of decentralized ledger technology is the set of equipment or processes, through each of which all transactions registered in the decentralized ledger and data about them are stored in whole or in part.
5. Expropriation of a crypto-asset in violation of the law, including ignoring the requirements of a judicial or administrative act establishing such a ban, is null and void.
Article 176 of the Code shall be supplemented with the following content in part 3
Article 176. The moment of origin of the property right of the person acquiring property under the contract
3. A person acquires ownership rights to a crypto-asset:
1) in the decentralized registry, according to its rules, from the moment of registration at the address of the person receiving the crypto-asset, if the person receiving the crypto-asset or the person indicated by him legally owns the means providing access to the crypto-asset;
2) in accordance with the law, from the moment of registration with the custodian of the crypto-asset in the name of the person receiving the crypto-asset.
Article 589 of the Code shall be supplemented with the following content in part 3
Article 589. Exchange contract
3. It is forbidden to hand over a non-crypto-active product (property) instead of a crypto-asset under an exchange contract. The contract concluded in violation of the requirement of this point is null and void.
Suggestions/ Clarifications
We suggest to be consistent with the changes in the law, which later received its legal regulation in the Civil Code, so if you are interested or engaged in this field, you need to pay attention to the legal changes and developments.
6. On making amendments and additions to the law on customs regulation regarding the examination of cases of violation of customs rules
Name of the legislative act:
HO 386-N on amendments and additions to the Law "On Customs Regulation".
Change Status:
This law is effective from November 12, 2024.
What other legislative acts will be changed as a result:
As a result of the decision, an amendment will be made to the "Customs Regulation" law
What the changes are about:
The amendment specifically refers to the examination of cases regarding the violation of customs rules, the order of their notification.
In Article 322 of the Law, add the following content 5.1. and 7 parts.
Article 322. Peculiarities of the procedure for violation of customs rules
5.1. The head of one structural unit of the customs body may transfer the implementation of the proceedings to another structural unit of the customs body, if the location or place of residence of the person who committed a customs offense is territorially closer to the given structural unit, taking into account the possibility of ensuring the versatility and completeness of the investigation of the case.
7. After initiating a proceeding regarding the violation of customs rules, an official of the customs body having the relevant authority to have the necessary documents to adopt a corresponding administrative act at his disposal, if the circumstances of the given case are sufficiently clarified, examines the case immediately, so that no objection is submitted by the persons who committed a violation of the customs rules. in case of which a protocol is drawn
up. In case of objection by the persons who violated the customs rules, the procedure is carried out according to the general procedure provided by this law.
To supplement the Law with the following content with Article 325.1
Article 325.1. The procedure for notifications in cases of violation of customs rules
1. The documents of the proceedings regarding the violation of customs rules against the head of the executive body of the taxpayer (hereinafter referred to as the tax payer), individual entrepreneur, as defined by the Tax Code of the Republic of Armenia, which are subject to mandatory notification by law (minutes, notices, decisions, acts, etc.), may were notified electronically, which is carried out by placing the tax authority's electronic reporting
management system on the taxpayer's personal page.
2. The head of the taxpayer's executive body or an individual entrepreneur who has committed a violation of customs rules shall be considered duly notified from the date of posting the documents specified in part 1 of this article on the taxpayer's personal page of the electronic management system of the tax authority's reporting.
3. The documents specified in part 1 of this article shall be notified to the taxpayer's employee who violated the customs rules and to the natural person who is not an employee of the taxpayer through the system of notification of persons of the "I am" national identification platform, and the persons specified in this part shall be considered as notified documents in the system. on the third day after the day of download.
4. To a foreign natural person who has violated the customs rules, who is in the Republic of Armenia during the procedure, but has not provided the customs body with information about his residence or registration address in the Republic of Armenia, the documents subject to mandatory notification are sent to the e-mail provided by him, which is certified by e-government. by the system, and are considered to be notified from the third day following the day of sending the documents. In the absence of e-mail, the notification is carried out by placing the public notices on the official website of the Republic of Armenia, in which case the customs The person who violates the rules is considered duly notified from the date of posting such documents on the website.
Article 332 of the Law shall be supplemented with the following content in part 3.
Article 332. Participation of the person liable in the examination of the case regarding violations of customs rules
3. Based on the written application of the person who violated the customs rules, the investigation of the case can be carried out by means of telecommunications, the results of which are summarized in the protocol prepared by the official conducting the investigation of the case.
Suggestions/ Clarifications
If you are engaged in customs activities, or you are related to customs activities, then we suggest to be consistent with the mentioned legal change, because the latter specifically refers to the cases of violation of customs rules, the order of notification regarding them.
7. On making additions to the Labor Code of the Republic of Armenia regarding the grounds for terminating the employment contract
Name of the legislative act:
HO-429-N on making additions to the Labor Code of the Republic of Armenia regarding the grounds for terminating the employment contract
Change Status:
This law enters into force on November 14, 2024.
What other legislative acts will be changed as a result:
As a result of the decision, an addition will be made to the "Labor Code".
What the changes are about:
The amendment specifically refers to the grounds for termination of the employment contract, notice of termination of the contract.
To complete part 1 of Article 109 of the Labor Code of the Republic of Armenia of November 9, 2004
(hereinafter: the Code) with the following content, point 14:
Article 109. Grounds for terminating the employment contract
1. The employment contract is terminated:
14) in case the employee does not submit the license or certificate prescribed by law in order to continue
professional activity in the order and within the time limits established by the legislation of the Republic of
Armenia, from the day after the expiration of the deadline for submission.
The second paragraph of part 1 of Article 115 of the Code of Civil Procedure should be supplemented
with the words "and under point 14 of part 1 of Article 109" after the words "item 12".
Article 115. Notification of the termination of the employment contract
In the cases of terminating the employment contract on the grounds provided for in clauses 3 and 7 of Article
113, Part 1 of this Code, as well as in the cases specified in Article 105, Part 2 of this Code, the employer is
obliged to notify the employee in writing for up to one year. later than 14 days before, for an employee from
one to five years - 35 days before, for an employee from five to ten years - 42 days before, for an employee
from ten to fifteen years - 49 days before, for an employee over fifteen years - 60 days before, and on the
grounds provided by Article 113, Part 1, Clause 12 and Article 109, Part 1, Clause 14 of this Code - 3 days
before.
Suggestions/ Clarifications
According to the Law on Amendments to the Labor Code, in case the employee does not submit the license or certificate established by the law in order to continue the professional activity in the manner and within the time limits established by the legislation of the Republic of Armenia, the employment contract shall be considered terminated from the day following the expiration of the deadline for submission. The law also regulates the notification period, according to which the employer is obliged to notify the employee 3 days in advance in order
to terminate the employment contract on this basis.
8. On making an addition to the law "On Enforcement of Judicial Acts" regarding property subject to confiscation
Name of the legislative act:
HO-416-N on Amendments and Additions to the Law "On Enforcement of Judicial Acts"
Change Status:
This law enters into force on November 14, 2024.
What other legislative acts will be changed as a result:
As a result of the decision, an amendment will be made to the Law "On Enforcement of Judicial Acts".
What the changes are about:
The amendment specifically deals with the provisions related to the property subject to confiscation.
Clause 8 of Article 51, Part 1 of Law HO-221 of May 5, 1998 "On Enforcement of Judicial Acts (hereinafter referred to as the Law) shall be drafted as follows:
1. Confiscation cannot be extended to the following property belonging to the citizen-debtor:
Old version.
8) property provided as social assistance.
New version.
8) property provided as social support by state
administration or local self-government bodies or
property provided as social support by organizations or individual entrepreneurs who have signed a contract or memorandum on providing social support with state administration or local self-government bodies;
In part 1 of Article 60 of the Law:
With a writ of execution, a writ of execution submitted on the basis of Article 88 of the Law of the Republic of Armenia "On Basics of Administration and Administrative Procedure", or with a writ of execution, confiscation cannot be extended to the sums of money that are paid:
Old version.
5) as a state benefit or social support, except for
cases defined by law;
New version.
5) as a state benefit or social support provided by state administration or local self-government bodies or social support provided by organizations or individual entrepreneurs who have signed an agreement or memorandum with state administration or local self- government bodies on the provision of social support or social support provided by said organizations, persons or bodies income received during the life of support sector employment programs
Suggestions/ Clarifications
Thus, we invite you to familiarize yourself with the legal changes, because the law on "Compulsory enforcement of judicial acts" has changed, according to which the grounds for confiscation of property belonging to a citizen-debtor have been changed, as well as the monetary sums subject to confiscation with a writ of execution and a writ of execution.
9. On making amendments and supplements to the Law of the Republic of Armenia "On Advertising" regarding the peculiarities of advertising for certain types of goods
Name of the legislative act:
Law HO-157-N on Amendments and Supplements to the Law on Advertising of the Republic of Armenia.
Change status:
This law shall enter into force on November 8, 2024.
What other legislative acts will be changed as a result of this:
As a result of the decision, an amendment will be made to the Law on Advertising.
What the changes are about:
The change specifically concerns the specifics of advertising for certain types of products.
In Article 15 of the Law "On Advertising" HO-55 of April 30, 1996:
1) Part 7 shall be amended as follows:
Article 15. Peculiarities of advertising for individual types of products
Old version.
Advertising of medicines, medical equipment and
treatment methods without the permission of the
Ministry of Health of the Republic of Armenia is
prohibited.
New version.
Advertising of medicines, medical products and
therapeutic methods without the permission of the
Ministry of Health of the Republic of Armenia is
prohibited. Advertising of unregistered medical
products and unlicensed entities is prohibited.
Advertising of medical products requiring a special
prescription or supervision by a doctor through mass
media is prohibited.
Section 7.4 should be amended as follows:
Old version.
The procedure for granting permission for
advertising medicines, medical equipment and
therapeutic methods and the requirements for such
advertising shall be approved by the Government of
the Republic of Armenia.
New version.
7.4. The procedure for granting a permit for advertising medical products and treatment methods, the list of necessary documents and the requirements for such advertising shall be established by the Government of the Republic of Armenia. A state duty shall be charged for granting a permit for advertising in the manner and amount prescribed by the Law of the Republic of
Armenia “On State Duty”.
Suggestions/ Clarifications
The amendment to the law specifically concerns the specifics of advertising certain types of products, in particular, advertising of medicines, medical equipment and therapeutic methods without the permission of the Ministry of Health of the Republic of Armenia. Therefore, if you are engaged in the field of medical care and services, we suggest that you familiarize yourself with the amendments to the Law on Advertising.
10. Amendment to the Law on Medicines regarding repealed provisions
Name of the legislative act:
Law HO-153-N on Amendments and Supplements to the Law on Medicines of the Republic of Armenia
Change Status:
This law shall enter into force on November 8, 2024.
What other legislative acts will be changed as a result of this:
As a result of the amendment, a change was made to the Law on Advertising.
What the changes are about:
The amendment specifically concerns the import and export of medicines, pharmaceutical substances, investigational pharmaceutical products, and herbal raw materials.
In Article 21 of the Law:
1) Sub-paragraphs "b" and "e" of paragraph 2 of Part 2 shall be repealed.:
Article 21. Import and export of medicines, pharmaceutical substances, investigational pharmaceutical
products and herbal raw materials
2. The following have the right to import medicines, pharmaceutical substances, herbal raw materials and investigational pharmaceutical products into the territory of the Republic of Armenia:
b. legal entities or individual entrepreneurs importing medicines within the framework of charitable or humanitarian programs, as defined by the legislation,
e. state bodies.
Suggestions/ Clarifications
By amending the law, from November 8, 2024, the provisions related to legal entities or individual entrepreneurs and state bodies importing medicines within the framework of charitable or humanitarian programs, as defined by the legislation, from the scope of entities entitled to import medicines, pharmaceutical substances, herbal raw materials and investigational pharmaceutical products into the territory of the Republic of Armenia have been repealed. From now on, legal entities or individual entrepreneurs and state bodies
importing medicines within the framework of charitable or humanitarian programs, as defined by the legislation, are not included in the scope of entities entitled to import medicines, pharmaceutical substances, herbal raw materials and investigational pharmaceutical products into the territory of the Republic of Armenia.
PART II. DRAFTS
(This section of legal updates includes those legal acts that were discussed or put up for discussion on the single website for the publication of draft legal acts in November 2024)
1. Draft resolution of the RA government "On approving the passporting procedure for buildings and structures".
Name of the legislative act:
Draft resolution of the RA government "On approving the passporting procedure for buildings and structures".
Change Status:
The duration of the discussion of the project is: 11.11.2024-26.11.2024.
The project is being discussed on e-draft.am, a unified website for the publication of drafts of legal acts.
What other legislative acts will be changed as a result:
As a result of the project, the decision of the RA government "On approving the passporting procedure for buildings and constructions" will be adopted.
What the changes are about:
The order defines the passporting procedure for buildings and structures of risk level IV and V, which are newly built (new construction), as well as immovable monuments of history and culture of state or municipal subordination, as defined by the RA Government's decision N596 of March 19, 2015, including: mandatory and advisory regulations of the passporting process. This order applies to those subjects of urban development activity, with the participation of which new buildings and structures of residential, public and industrial significance are designed and constructed, and buildings and structures that are an immovable monument of
history and culture are overhauled, restored or renovated (hereinafter referred to as buildings and structures).
PROJECT:
Appendix:
2024 of the RA government
"_________" of "___" N - N decision
(PROCEDURE: REGISTRATION OF BUILDINGS AND CONSTRUCTIONS
1. GENERAL PROVISIONS
1. This procedure defines the passporting procedure for buildings and structures that are newly constructed (new construction), as well as immovable monuments of history and culture under state or municipal authority, with IV and V risk levels defined by the RA Government's Decision N596 of March 19, 2015, including mandatory and advisory regulations of the passporting process. This order applies to those subjects of urban development activity, with the participation of which new buildings and structures of residential, public and industrial significance are designed and constructed, and buildings and structures that are an immovable monument of history and culture are overhauled, restored or renovated (hereinafter referred to as buildings and structures).
2. The passporting of buildings and structures is carried out in accordance with the requirements of the legislation and normative technical documents of the Republic of Armenia, the exemplary forms of passports approved by the authorized body of the urban development sector and the methodical guidelines for their completion, in order to ensure access to information on the maintenance and safe operation of buildings.
3. The process of passporting of buildings and structures is carried out at the initiative of the developer by concluding a contract with an organization licensed by the state authorized body in the field of urban development.
4. Within the framework of investment programs, as well as in the case of restoration, overhaul and repair of (newly built) residential, public and industrial buildings, as well as historical and cultural monuments, the costs of passporting are included. in their estimated values.
5. Buildings and structures of residential, public and industrial facilities of high and highest risk, designed after the adoption of this order, are considered newly constructed.
2. PRINCIPALS AND BENEFICIARIES OF THE PERSONALIZATION PROCESS
7. The clients of the passporting process of buildings and constructions are natural and legal persons who are developers, the state administration system of the Republic of Armenia, territorial administration, local self- government bodies, apartment building management bodies.
8. Beneficiaries of the passporting process of buildings and constructions are: physical and legal persons operating the buildings: residents of multi-apartment, dormitory buildings (owner, tenant), physical and legal persons providing services in public buildings, citizens using those services.
3. FEATURES OF PROFILES OF BUILDINGS AND CONSTRUCTIONS
10. Passports of buildings and constructions are drawn up on a contractual basis, in accordance with the procedure established by the law <On Licensing> by the organizations that have a license for the relevant activity in the field of urban development, in accordance with the model forms of passports of buildings and constructions established by the authorized body of state management in the field of urban development and the methodology of their completion.
11. Model forms of passports for buildings and structures are classified according to the intended purpose of buildings and structures: residential, public and industrial, according to separate requirements included in the model forms of passports.
12. Those responsible for drawing up passports of buildings and constructions in accordance with the requirements of the RA legislation are those organizations that have the relevant activity license in the field of urban development, to which the given works were ordered.
13. Passport data of buildings and constructions (characteristics of architectural, constructive and engineering systems, their safe, efficient and affordable operation conditions, basic other information about the sanitary and environmental standards of the premises, the results of the inspection of the technical condition) are considered for the further maintenance and repair of these buildings and constructions. , during the development of new design solutions for reconstruction, overhaul, expansion, re-equipment, modernization, restoration, as well as basis for selection of operational improvement measures.
14. Clients of building and construction passports transfer one version of the original of the passports obtained on a contractual basis to the heads of the building and construction communities within 10 days after obtaining the passport.
15. Copies of passports of buildings and structures (or electronic versions thereof) may be provided upon request to all beneficiaries of buildings and structures free of charge.
16. In case of loss of original passports of buildings and constructions, the work of drawing up a new technical passport is ordered to the author of the passport or to another legal entity with an appropriate activity license, on a contractual basis, at the expense of the clients.
17. The process of obtaining passports for existing buildings and structures is advisory in nature and is carried out by the owners and tenants of the clients of these buildings and structures, at their own expense, at their own discretion.
18. In the event of repair, reconstruction, overhaul, expansion, re-equipment, modernization, restoration, or change of purpose in registered buildings and structures, appropriate amendments (amendments and additions) are made to the existing passport or a new passport is developed the new passport is approved by the person responsible for the renewal of the passport or the passport processor.
.
Suggestions/ Clarifications
Within the framework of the project, passporting beneficiaries and passporting orderers, responsible persons have been defined.
The main provisions of the project are of a normative nature and refer to the process of ensuring the passporting of newly constructed residential, public and industrial buildings after the adoption of the project, which must be carried out on the basis of project documents by the designer or an organization with a corresponding activity license on a contractual basis.
Immovable monuments of history and culture of state and community significance are also subject to the regulation of the project.
2. On the application of a tariff privilege and approval of the import procedure for motor vehicles with an electric motor imported into the territory of the Republic of Armenia under the code AA 8703 80 000 2 during the year 2025
Name of the legislative act:
On the application of a tariff privilege and approval of the import procedure for motor vehicles with an electric motor imported into the territory of the Republic of Armenia under the code AA 8703 80 000 2 during the year 2025.
Change Status:
The duration of the discussion of the project is: 21.11.2024-06.12.2024. The project is being discussed on e-draft.am, a unified website for the publication of drafts of legal acts
What other legislative acts will be changed as a result:
As a result of the project, the procedure for applying a tariff privilege and importing to the territory of the Republic of Armenia for motorized vehicles with an electric motor falling under the code AA 8703 80 000 2 imported into the territory of the Republic of Armenia during the year 2025 will be approved.
What the changes are about:
With the adoption of the project, the amount of 8.0 thousand allocated to the Republic of Armenia for 2025 by the decision N134 of the Council of the Eurasian Economic Commission of November 24, 2023 will be ensured. the import process under the condition of application of 0% import duty rate for motor vehicles with electric engine.
On the application of a tariff privilege and approval of the import procedure for motor vehicles with an electric motor imported into the territory of the Republic of Armenia under the code AA 8703 80 000 2 during the year 2025
Guided by Article 338, Part 6 of the "Customs Regulation" Law, the provisions of the decision N134 of the Council of the Eurasian Economic Commission of November 24, 2023, the Government of the Republic of Armenia decides:
1. To establish that motor vehicles with an electric motor (hereinafter referred to as goods) imported into the territory of the Republic of Armenia falling under code AA 8703 80 000 2 according to the customs procedure "Exemption for domestic consumption" or, as a means of transport for personal use, the exemption for free
circulation in 2025 8,000 is allowed under the condition that 0 percent import duty rate is applied in an amount not exceeding one, of which:
• The importation into the territory of the Republic of Armenia of goods in the amount of no more than 5,000 items falling under the code of EATM UTG AA 8703 80 000 2 is allowed to natural persons, as well as to individual entrepreneurs and legal entities (hereinafter referred to as "beneficiaries") who do not have a dealer-distributor contract signed directly with the car manufacturer ( agreement).
• The importation of goods under the code of 8703 80 000 2 in the amount of no more than 3000 pieces into the territory of the Republic of Armenia is allowed only in the presence of a dealer-distributor contract (agreement) signed directly with the car manufacturer.
2. Beneficiaries who have benefited from the tariff privilege defined in sub-point 1 of point 1 of this decision cannot benefit from the tariff privilege defined in sub-point 2 of the same point, and those who have benefited from the tariff privilege defined in sub-point 2 of point 1 of this decision cannot benefit from the tariff privilege defined in sub-point 1 of the same point.
3. Designate the State Revenue Committee of the Republic of Armenia as an authorized body in the sense of the implementation of the decision N 134 of the Council of the Eurasian Economic Commission of November 24, 2023.
4. Approve the procedure for importing goods according to the application.
5. This decision shall enter into force on the day following its official publication and shall apply to relations arising from January 1, 2025.
Suggestions/ Clarifications
The project proposes to ensure the import of 8,000 vehicles within the framework of the tariff quota for the import of motor vehicles with an electric engine allocated to the Republic of Armenia for 2025 with the application of a 0% rate of customs duty, of which the import of no more than 5,000 units is allowed to individuals, as well as individual entrepreneurs. and legal entities that do not have a direct contract with the automaker dealer-distributor contract and no more than 3,000 copies of the dealer-distributor contract signed directly with the car manufacturer, the document confirming the obligation to perform factory warranty service and post-warranty technical service provided by the car manufacturer, and documents justifying the existence of a closed technical service station (the corresponding certificate of ownership or lease agreement , photos) if available.
PART III. NEW LEGAL ACTS
(This section of legal updates includes newly adopted legal acts as of November 2024)
1. Government Decision on Establishing the Procedure for Pre-Qualification of Persons for Inclusion in the Register of Duty-Free Shop Owners
Name of the legislative act:
N 1821-N on establishing the procedure for pre-qualification of persons for inclusion in the register of duty-free shop owners.
Change Status:
This Decision entered into force on November 21, 2024.
What the changes are about:
The decision aims to make the process of selecting economic entities for inclusion in the registry of duty-free shop owners more objective and competitive.
ON DETERMINING THE PROCEDURE FOR PRE-QUALIFICATION OF PERSONS FOR THE PURPOSE OF BEING INCLUDED IN THE REGISTER OF DUTY-FREE TRADE STORE OWNERS:
In accordance with Part 2 of Article 284 of the Law of the Republic of Armenia “On Customs Regulation”, the Government of the Republic of Armenia hereby decides:
1. To establish the pre-qualification procedure for inclusion in the register of owners of duty-free shops, in accordance with the appendix.
2. To establish that only legal entities that have pre-qualified in accordance with the procedure established by this decision may participate in the tender for the lease of state or municipal real estate for the purpose of organizing a duty-free shop.
3. To submit the data of the members of the commission to the bodies specified in paragraph 10 of the procedure established by this decision within 5 working days after the entry into force of this decision, to the State Revenue Committee of the Republic of Armenia in order to form the composition of the commission.
4. This decision shall enter into force on the tenth day following the day of its official publication.
Appendix
to the Resolution of the Government of the Republic of Armenia
dated November 21, 2024 N 1821-N
PROCEDURE
PRE-QUALIFICATION OF PERSONS FOR INCLUSION IN THE REGISTER OF DUTY-FREE TRADE STORE OWNERS
1. GENERAL PROVISIONS
1. This Appendix establishes the procedure for pre-qualification of persons for inclusion in the register of duty-
free shop owners in the Republic of Armenia.
2. The concepts used in this Procedure shall be applied with the meanings defined by the Customs Code of the Eurasian Economic Union and the Law "On Customs Regulation".
3. Persons who meet the criteria specified in paragraph 4 of this Procedure and whose application submitted in accordance with paragraph 5 of this Procedure has been approved by the commission specified in paragraph 7 of this Procedure (hereinafter referred to as the commission) shall be considered pre-qualified for inclusion in
the register of duty-free shop owners in the Republic of Armenia.
2. CRITERIA FOR PERSONS SUBJECT TO PRE-QUALIFICATION
4. Persons meeting the following criteria may apply in writing to the Commission for pre-qualification purposes:
1) is a legal entity registered in the Republic of Armenia;
2) operates within the general taxation system.
3. PROCEDURE FOR CONDUCTING THE PRE-QUALIFATION PROCESS FOR INCLUDING IT IN THE REGISTER OF OWNERS OF A MAX TRADE STORE
5. In order to obtain pre-qualification for inclusion in the register of duty-free shop owners, a person shall submit an appropriate application to the Commission in accordance with Form No. 1 of this Procedure.
6. The following documents shall be attached to the application:
1) documents on experience in the given field, including the fact of operating in other countries (is it an international network or not, if so, in how many countries is it represented).
2) a business plan for engaging in duty-free shop activities.
3) the e-mail address to which the notifications of the commission should be sent.
7. Pre-qualification is carried out by a commission created specifically for this purpose.
8. The commission consists of 6 members, including the chairman and the secretary.
9. The chairman of the commission is the chairman of the State Revenue Committee of the Republic of Armenia (hereinafter referred to as the committee) or, by decision of the chairman of the committee, one of his deputies, and the secretary is, by decision of the chairman of the committee, an employee of one of the committee’s
subdivisions.
10. The commission is formed in the following composition: two persons each from the committee, the Ministry of Finance of the Republic of Armenia and the Ministry of Economy of the Republic of Armenia.
11. The composition of the commission is approved by the chairman of the committee based on the information received from the above-mentioned bodies.
12. The secretary of the commission shall examine the application submitted for participation in the pre- qualification and the completeness of the package of documents attached to it within three working days.
13. In case the submitted application or package of documents is incomplete or incomplete, the deadline specified in paragraph 12 of these Rules Within 1 working day after the end of the period, the secretary of the commission shall inform the commission and notify the applicant on behalf of the commission via e-mail,
proposing to eliminate the deficiencies within five working days. If the deficiencies are not eliminated within the specified period, the application and the package of documents shall be returned to the applicant.
14. The secretary of the commission shall submit the application submitted for participation in the pre-qualification and the package of documents attached to it to the members of the commission within three working days following the date of receipt of the application or the elimination of the deficiencies specified in paragraph
13 of these Rules.
15. The commission shall carry out its activities by convening sessions, which shall be valid if at least 2/3 of the members of the commission participate in them, and if less than 2/3 of the members of the commission are present, the session shall be considered as not held and a new session shall be scheduled. The commission shall
notify all persons whose applications submitted shall be considered to be considered during the given session by e-mail no later than 3 days before the session.
16. The meetings of the Commission shall be chaired by the Chairman of the Commission, and in his absence, by any of the members of the Commission with the consent of the Chairman of the Commission.
17. The Chairman of the Commission shall convene the members of the Commission for a meeting of the Commission no earlier than 5 working days and no later than 10 working days from the day following the day of submission of applications.
18. Minutes shall be drawn up for each meeting of the Commission. The minutes shall be signed by the Chairman of the Commission and the other members participating in the meeting.
4. REQUIREMENTS FOR BUSINESS PLANS SUBMITTED BY PERSONS SUBJECT TO PRE-QUALIFICATION
19. The business plan submitted in accordance with subparagraph 2 of paragraph 6 of this Regulation must contain information on:
1) ensuring the printing of sales receipts for goods in a duty-free shop, which must at least reflect the following information:
a. the address of the place of operation of the duty-free shop that made the sale, the taxpayer's registration number, the taxpayer's name,
b. the date, hour, minute of each sale,
c. the code of each product sold according to the 10-digit AZN,
d. the description of each product sold (including the brand name),
e. the quantity of each product sold, the unit of measure,
f. the cost of each product sold and the total in drams,
g. the buyer's name, surname and identity document number,
h. in the case of the sale of goods to persons departing or arriving by air transport - the flight number and the boarding place indicated on the boarding pass, with the exception of members of the aircraft crew,
t. the category of the buyer: "Passenger departing from the EAEU Member States", "Passenger arriving from the EAEU Member States", "Passenger departing from third countries", "Passenger arriving from third countries", "Employee of a diplomatic mission", and in the case of persons departing or arriving by air transport - also "Member of the aircraft crew",
j. information on the status of the goods: "Union goods" or "Foreign goods".
2) on ensuring electronic accounting of sales of goods in a duty-free shop and its online access to the committee. The information specified in subparagraph 1 of this paragraph must be made available to the committee online.
3) to ensure the accounting of the movement of goods and the submission of relevant reports and information to the committee in accordance with the procedure and within the deadlines established by the legislation.
4) to ensure the possibility of video recording and recording the activities carried out in the duty-free shop under the conditions established by subparagraph 5 of this paragraph, as well as to ensure full access to these devices and video recordings for the committee.
5) to store the materials recorded and recorded by remote-controlled cameras on a separate computer or on any external media for each day, which will allow for a clear viewing and listening to the video recording and recording, numbering them according to the dates of those days. The video recordings must also indicate the
date and time of recording. The recorded and recorded materials must be stored with the owner of the duty-free shop for at least 30 days.
6) to ensure the presence of at least 10% of locally produced goods among the products displayed for sale in the duty-free shop.
7) On ensuring the implementation of an annual external audit of the owner of the duty-free shop by an auditing company with at least 5 years of experience in the Republic of Armenia and the submission of the audit conclusion to the committee for publication of the audit conclusion by the committee.
8) On the implementation period of the business plan, the amount and directions of the planned investments (construction, fixed assets, working capital, etc.), as well as the jobs created.
5. APPLICATION EVALUATION CRITERIA
20. The application is evaluated by the committee according to the criteria specified in paragraph 21 of these Rules, by awarding up to the maximum number of points, based on the methodology of Form N 2 of these Rules.
21. The application evaluation criteria are:
1) experience in the given field, including the fact of operating in other countries (is it an international network or not, if so, in how many countries is it represented).
2) compliance of the business plan with the requirements of Section 4 of this Appendix.
22. The results of the application assessment are summarized, taking into account the arithmetic average of the evaluations of each criterion by the members of the committee.
23. As a result of the summary, a positive conclusion is given to applications that received 49 or more points, and a negative conclusion is given to those that received less than that.
24. A person who has received a positive conclusion is considered to have received pre-qualification by a decision made by the committee in Form N 3 of this Procedure. A person who has received a negative conclusion is denied the status of a pre-qualified entity by a decision in Form N 5 of this Procedure.
25. The results of the application assessment are summarized within 3 working days. Applicants are notified by the chairman of the committee within 2 working days after the summary of the results of the process about receiving pre-qualification or rejecting pre-qualification by e-mail. The specified information is also published
on the official website of the committee.
26. Pre-qualification is granted for a period of 5 years, after which the person is considered to have no pre- qualification. Acting A person with pre-qualification may apply for pre-qualification again no earlier than one year before the end of the current pre-qualification period.
27. During further activities, the person is obliged to ensure the indicators and other provisions provided for in the business plan submitted to the commission for the purpose of pre-qualification.
28. The committee may carry out current control over the observance of pre-qualification standards and requirements by the persons included in the register of duty-free shop owners. The committee shall immediately inform the chairman of the commission of any cases of non-observance or violation of such standards and
requirements by a cover letter, to which the relevant supporting documents shall be attached.
29. After receiving the notification specified in paragraph 28 of these Rules, the chairman of the commission shall schedule a meeting of the commission, guided by paragraphs 12-18 of these Rules, during which the information submitted by the committee shall be discussed. As a result of the discussion, the commission shall
make a decision by open vote, by a simple majority of the votes of the members of the commission, on the presence or absence of a violation or inconsistency in relation to the information submitted by the committee. In the event of a tie in the voting, the chairman shall convene the meeting. The vote is decisive.
30. A person shall be deprived of pre-qualification and removed from the register of duty-free shop owners if the commission makes a decision on the existence of a violation or non-compliance.
Suggestions/ Clarifications
We suggest you familiarize yourself with the new legal amendment, according to which the Government Decree No. 1821 of November 21, 2024 entered into force the procedure "On establishing the pre-qualification procedure for persons to be included in the register of duty-free shop owners", which specifies that for the purpose of organizing a duty-free shop only legal entities with pre-qualification in accordance with this decision may participate in the tender for the lease of state or municipal real estate.
PART IV. AMENDED LEGAL ACTS, DECISIONS OF THE APPEAL BOARD AND
JUDICIAL ACTS IN THE FIELD OF INTELLECTUAL PROPERTY