When does the Prosecutor file a Claim to the Court?

The state bodies are entitled to file a claim for the protection of the pecuniary interests of the state in the frameworks of civil procedure.

 

The state body which files acclaim enjoys all the rights and obligations of the claimant.

 

Below is the order of filing acclaim by the prosecutor to protect the pecuniary interests of the state.

 

Pursuant to Article 27 of the Law of the Republic of Armenia on Prosecution:

 

1. The filing by a prosecutor of a claim for the protection of state interests shall include:

 

1) Filing a claim for the protection of the pecuniary interests of the state in the frameworks of civil procedure;

 

2) Filing a claim for the protection of the pecuniary and non-pecuniary interests of the state in the frameworks of administrative procedure; and

 

3) Filing a claim for compensation of pecuniary damage inflicted upon the state as a direct consequence of a crime in the frameworks of criminal procedure.

 

2. The prosecutor shall file a claim for the protection of state interests only if:

 

1) During the exercise of his powers, the prosecutor finds that a state or local government body that had the right to file a claim on such matters related to the protection of state interests, having knowledge of the violation of state interests, did not file such a claim in a reasonable period or did not file such a claim after receiving the prosecutor’s suggestion to do so, or

 

2) The state interests were violated in respect of matters for which no state or local government body has the right, under the legislation, to file a claim, or

 

3) A competent state or local government body asked the prosecutor to file a claim, or

 

4) The crime has directly inflicted pecuniary damage upon the state; or

 

5) The claim for the protection of state interests is filed in courts of other countries or in an arbitration tribunal outside the Republic of Armenia territory, with the exception of cases in which the Republic of Armenia Government (hereinafter, “the Government”) authorizes another body or organization for such purposes.

 

3. In the cases stipulated by sub-paragraphs 1, 2, 4, and 5 of Paragraph 2 of this Article, the prosecutor is obliged to file a court claim for the protection of state interests.

 

Source: Iravaban.net

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