The writ of execution shall be issued by the first instance court having adopted the act, on the basis of the application of the claimant or his representative expressly authorized therefore.
The writ of execution shall be issued upon the entry into force of the judicial act, within a three day-period upon the day of receipt of the application, while in cases provided for by the Civil Procedure Code of the Republic of Armenia – without delay.
In cases provided for by international treaties of the Republic of Armenia, the writ of execution on enforcement of judgments and decisions of courts of foreign States shall be issued by the court of the Republic of Armenia, which has taken a decision, in the manner prescribed by the Civil Procedure Code of the Republic of Armenia, on the recognition in the Republic of Armenia of the judgment and decision of the court of the foreign State concerned. If the judgment of a court of a foreign State is subject to enforcement in respect to compensation of damage or other levies of execution on property, the writ of execution shall be issued by the competent court of the Republic of Armenia, which has taken a decision, in the manner prescribed by the Criminal Procedure Code of the Republic of Armenia, on the recognition of the judgment in the Republic of Armenia.
Where an international treaty on the establishment of an international court to which the Republic of Armenia is a member (party) or rules of procedure thereof provide for the enforcement of its judgments or decisions, the writ of execution thereon shall be issued by the Court of Cassation of the Republic of Armenia immediately upon submission of the application of the claimant or his authorized representative, except for cases when the international court in question has issued, in the manner prescribed by its rules of procedure, a relevant writ of execution which is binding on the Republic of Armenia.
The law of the Republic of Armenia on Compulsory Enforcement of Judicial Acts explicitly states that the writ of execution shall be issued by the first instance court having adopted the act. However let us consider the following situation. A person applies to the court of the first instance wit request of exaction of the sum. The court of the first instance considers that the claim is ungrounded and declines it. The Claimant submits an application for retrial and it is satisfied, thus the act adopted by a subsidiary court is changed and the claim is met.
It turns out that the court of the first instance has come to a conclusion that the claim for exaction of the sum is ungrounded is “obliged” to provide a writ of execution to exact the sum through the compulsory enforcement service.
Source: Iravaban.net
