According to Iravaban.net, Article 29 of the Law “On Public Service” refers to the prohibition of accepting gifts related to the performance of official duties.

It is noted that persons holding public positions and public servants must not accept, or agree to accept in the future, any gift if it is connected with the performance of their official duties.

The concept of “gift” shall imply any advantage related to property interests that would not reasonably be granted to a person not holding the position in question. It shall also include ceded claims, surrender of claims without compensation or at an apparently disproportionately low price, property transferred without compensation or property sold at an apparently disproportionately low price, services rendered or work carried out at an apparently disproportionately low price, as well as preferential loans, gratuitous use of another’s property, and other actions, as a result of which a person derives benefit or advantage.

Gifts that may be received in connection with the performance of their official duties by persons holding public positions and public servants shall be as follows:

1) gifts given or hospitality organised during state or official visits or events, as well as work visits;

2) gifts usually given during public events;

3) hospitality usually organized;

4) materials provided free of charge for official use;

5) scholarships, grants or benefits awarded in a public competition on the same conditions and criteria as those which apply to the other applicants, or as a result of another transparent process;

6) ceremonial gifts given by foreign states and international organisations.

If the value of a gift accepted by a person holding a public position or a public servant exceeds AMD 60000, it shall be deemed to be the property of the state or community and shall be registered as such. Persons holding public positions and public servants shall be obliged to transfer such gifts to the state or community as prescribed by the Government.

The value of a gift deemed to be permissible shall be assessed on the basis of the reasonable market value which the receiver of the gift knew or could have known at the moment of or after receiving the gift.

Depending on the specific aspects of public service, other regulations may be defined by sectoral laws.

This publication was prepared by the “Armenian Lawyers’ Association” NGO in cooperation with CSO Anti-Corruption Coalition of Armenia within the framework of the “Multi-Faceted OGP Action: Open Justice & Anti-Corruption Commitments” project implemented with the support of the Open Government Partnership (OGP), in the framework of the European Union funded “EU for Integrity Programme for the Eastern Partnership” Action.

The publication expresses the position of the author, the ALA, which does not necessarily coincide with the position of the OGP and the EU.