FAMILY CODE

Accepted 09.11.2004

Article 1. Basic principles of family law

1. Family, motherhood, fatherhood and childhood in the Republic of Armenia are under the patronage and protection of society and the state.

The state guarantees priority protection of children's rights. Family legislation is based on the need to strengthen the family, build family relationships on mutual love and mutual respect, mutual assistance and responsibility of all family members, the inadmissibility of arbitrary interference by anyone in family affairs, the priority of raising children in the family, ensuring the unhindered exercise by family members of their rights, opportunities judicial protection of these rights.

2. Marriages entered into only in the civil registration authorities are recognized.

3. Women and men enjoy equal rights when entering into marriage, during marriage, and upon divorce.

4. Legal regulation of family relations is carried out in accordance with the principles of voluntary marriage between a man and a woman, equality of rights of spouses in the family, resolution of family issues by mutual consent, concern for their well-being, ensuring priority protection of the rights and interests of minors and disabled family members.

5. Any restrictions on the rights of citizens upon marriage and in family relationships on the basis of social, racial, national, linguistic or religious affiliation are prohibited.

The rights of citizens upon marriage and in the family can be limited only by law and only to the extent that this restriction is necessary in order to protect the honor and good name of individuals, health, freedom, rights and legitimate interests of other family members and other citizens.

Article 2. Relations regulated by family law

Family legislation establishes the conditions and procedure for marriage, termination of marriage and recognition of its invalidity, regulates personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted children), and in cases and within the limits provided for by family law, between others relatives and other persons, and also determines the forms and procedure for placing children without parental care into the family.

Article 3. Legislation of the Republic of Armenia regulating
family relationships

1. Family relations in the Republic of Armenia are regulated by the Constitution of the Republic of Armenia, this Code, the Civil Code of the Republic of Armenia, other laws, international treaties of the Republic of Armenia, as well as other legal acts of the Republic of Armenia.

2. If an international treaty of the Republic of Armenia establishes norms other than those provided for by family legislation, then the norms of the international treaty are applied.

Article 4. Application of civil law to family relations

Civil legislation applies to property and personal non-property relations between family members established by Article 2 of this Code and not regulated by family law, insofar as this does not contradict the essence of family relations.

Article 5. Application of family law and civil law to family relations by analogy

If relations between family members are not regulated by family law or by agreement of the parties and there are no norms of civil law directly regulating these relations, then to such relations (if this does not contradict their essence) norms of family and (or) civil law regulating similar relations are applied (analogy law). If it is impossible to apply an analogy of law, the rights and obligations of family members are determined based on the principles of family or civil law (analogy of law).

EXECUTION AND PROTECTION OF FAMILY RIGHTS

Article 6. Exercising family rights and fulfilling family responsibilities

1. Citizens, at their own discretion, exercise the rights arising from family relations and granted to them by law (family rights, including the protection of these rights), unless otherwise provided by this Code.

2. The exercise by family members of their rights and the performance of their duties must not violate the rights, freedoms and legitimate interests of other family members and other persons.

3. Family rights are protected by law, except in cases where they are exercised in conflict with the purpose of these rights.

Article 7. Protecting the rights of family members

Protection of the rights of family members is carried out in court, and in cases and in the manner provided for by this Code, by the relevant state bodies or guardianship and trusteeship authorities.

Article 8. Application of statute of limitations in family relationships

The limitation period does not apply to claims arising from family relations, except in cases provided for by this Code. In such cases, the limitation period is applied in the manner prescribed by civil law.

CONDITIONS AND PROCEDURE FOR MARRIAGE

Article 9. Marriage procedure

1. Marriage is concluded in the bodies carrying out state registration of acts of civil status, in the manner established by the legislation of the Republic of Armenia, with the obligatory presence of persons entering into marriage.

2. The rights and obligations of spouses arise from the moment of state registration of marriage in the bodies carrying out state registration of acts of civil status.

Article 10. Conditions for marriage

1. To enter into marriage, mutual voluntary consent of the man and woman entering into marriage and their attainment of marriageable age are required: women are seventeen years old, and men are eighteen years old.

2. Marriage is prohibited in the presence of circumstances provided for in Article 11 of this Code.

Article 11. Circumstances preventing marriage

Marriage between:

a) persons, at least one of whom is in another marriage registered in accordance with the procedure established by law;

b) close relatives (relatives in a direct ascending and descending line - parents and children, grandfather, grandmother and grandchildren, as well as relatives who have a common father or mother, brothers and sisters, children of a sister, mother's brother and father);

c) adoptive parents and adopted children;

d) persons, at least one of whom has been declared incompetent by the court.

Article 12. Medical examination of persons entering into marriage

1. Medical examination of persons entering into marriage, as well as counseling on medical-genetic issues and family planning issues are carried out by health care organizations within the framework of annual targeted health care programs guaranteed by the state, at the request of persons entering into marriage.

2. The results of the examination of the person entering into marriage are a medical secret. These results, with the consent of the person undergoing the examination, can be communicated to the person with whom he intends to marry.

3. If the person who entered into marriage, at the time of state registration of the marriage, hid from the other spouse the presence of a sexually transmitted disease (including the human immunodeficiency virus), as well as mental illness, drug addiction and substance abuse, then the other spouse has the right to go to court to have the marriage declared invalid.

NULLITY OF MARRIAGE

Article 20. Annulment of marriage

1. The marriage is declared invalid by the court.

2. A marriage entered into in the presence of circumstances preventing the conclusion of a marriage, provided for in Articles 10, 11 and Part 3 of Article 12 of this Code, as well as a marriage registered by spouses or one of them without the intention of starting a family (fictitious marriage), is recognized as invalid.

3. The court is obliged, within three days from the date of entry into legal force of the court decision to recognize the marriage as invalid, to send an extract from this decision to the body that carries out state registration of civil status acts at the place of state registration of the marriage.

4. A marriage is recognized as invalid from the moment of its state registration.

Article 21. Persons who have the right to file a claim for the annulment of a marriage

The following persons have the right to submit a demand for recognition of marriage as invalid:

a) a minor spouse, his parents (legal representatives), the guardianship and trusteeship authority, if the marriage is concluded with a person under marriageable age. After a minor spouse reaches the age of eighteen, only this spouse has the right to submit a demand for recognition of the marriage as invalid;

b) a spouse whose rights are violated by the marriage, if the marriage was concluded in the absence of the voluntary consent of one of the spouses: as a result of coercion, deception, delusion or the inability to be aware of their actions and manage them at the time of state registration of the marriage;

c) a spouse who did not know about the existence of circumstances preventing the conclusion of a marriage, a guardian of a spouse recognized by the court as incompetent, a spouse from a previous undissolved marriage, other persons whose rights were violated by the conclusion of a marriage performed in violation of the requirements of Article 11 of this Code, as well as the guardianship and guardianship authority guardianship;

d) a spouse who did not know about the fictitious marriage;

e) a spouse whose rights have been violated due to the presence of circumstances provided for in Part 3 of Article 12 of this Code.

Article 22. Circumstances excluding the invalidity of a marriage

1. The court may recognize a marriage as valid if, by the time the case on declaring the marriage invalid is considered, the circumstances preventing its conclusion have ceased.

2. The court may refuse a claim to invalidate a marriage concluded with the person entering into marriage during the pregnancy of the wife or the birth of a child, or if the interests of the minor spouse so require, as well as in the absence of the consent of the minor spouse to invalidate the marriage.

3. The court cannot recognize a marriage as fictitious if the persons who registered such a marriage actually created a family before the court considered the case.

4. A marriage cannot be declared invalid after the termination of the marriage, except in cases where there is a relationship between the spouses prohibited by law or the status of one of the spouses at the time of state registration of the marriage in another undissolved marriage.

Article 23. Consequences of declaring a marriage invalid

1. A marriage declared invalid by a court does not give rise to the rights and obligations of spouses provided for by this Code, except for the cases provided for in parts 4 and 5 of this article.

2. The norms of civil legislation on shared ownership are applied to property acquired jointly by persons whose marriage is declared invalid.

3. A marriage contract concluded by persons whose marriage is declared invalid is, as a rule, declared invalid.

4. The recognition of a marriage as invalid does not affect the rights of children born in such a marriage or within three hundred days after the date of recognition of the marriage as invalid.

5. When making a decision to recognize a marriage as invalid, the court may recognize the spouse whose rights were violated by the conclusion of such a marriage (the bona fide spouse), the right to receive maintenance from the other spouse, and when dividing property acquired jointly before the marriage was declared invalid, has the right apply the norms of Article 26 of this Code, as well as recognize the marriage contract as valid in whole or in part.

A conscientious spouse has the right to demand compensation for property damage caused to him in the manner prescribed by civil law.

6. A bona fide spouse has the right, when a marriage is declared invalid, to retain the surname chosen by him during state registration of the marriage.

PERSONAL RIGHTS AND OBLIGATIONS OF SPOUSES

Article 24. Equality of spouses in the family

1. Each of the spouses is free to choose work, occupation, profession, place of residence.

2. Issues of motherhood, paternity, upbringing and education of children, as well as other issues of family life are resolved by spouses jointly based on the principle of equality of spouses.

3. Spouses are obliged to build their relationships in the family on the basis of mutual assistance and mutual respect, contribute to the strengthening of the family, and take care of the well-being and development of their children.

Article 25. The right of spouses to choose a surname

1. When concluding a marriage, spouses may, at their own discretion, choose the surname of one of the spouses as a common surname or retain their premarital surname.

The common surname of spouses can be the surname of one of the spouses or a surname that simultaneously includes the surnames of both spouses. A common surname cannot include more than two surnames.

2. A change of surname by one of the spouses does not entail a change of surname of the other spouse.

PROPERTY RIGHTS AND OBLIGATIONS OF SPOUSES

Article 26. Common joint property of spouses

Relationships related to common joint property spouses are regulated by the Civil Code, as well as the marriage contract concluded by the spouses.

Article 27. Marriage contract

A marriage contract is an agreement between the persons entering into marriage or an agreement between the spouses, which determines the property rights and obligations of the spouses in the marriage and (or) upon its dissolution.

Article 28. Conclusion of a marriage contract

1. A marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage.

A marriage contract concluded before the state registration of the marriage comes into force from the moment of state registration of the marriage.

2. The marriage contract is concluded in writing and is subject to notarization.

Article 29. Contents of the marriage contract

1. With a marriage contract, spouses can change the limits common property, establish joint, shared ownership or ownership of each of them for all the property of the spouses, for its separate types or for the property of each of the spouses.

A prenuptial agreement can be concluded both in relation to the existing property and in relation to the property acquired in the future by the spouses.

Spouses have the right to determine by a marriage contract their rights and obligations for mutual maintenance, methods of participation in each other's income, the procedure for each of them to bear family expenses, determine the property that will be transferred to each of them upon divorce, and also have the right to provide for any other norms in the marriage contract relating to their property relations.

2. The rights and obligations provided for in a marriage contract may be limited to a certain period or made dependent on the occurrence of certain conditions or vice versa.

3. A marriage contract cannot limit the legal capacity or capacity of spouses, their right to go to court for protection of their rights, regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children, provide for rules limiting the right of a disabled unsecured spouse to demand funds for maintenance , include other conditions that place one of the spouses at a disadvantage or are contrary to the basic principles of family law.

Article 30. Change and termination of the marriage contract

1. A marriage contract may be changed or terminated at any time by agreement of the spouses. A marriage contract may be changed or terminated in the manner established for concluding a marriage contract.

Unilateral refusal to execute a marriage contract is not allowed.

2. At the request of one of the spouses, the marriage contract may be changed or terminated in court on the grounds and in the manner established by civil law for the modification and termination of contracts.

3. The validity of the marriage contract terminates from the moment of termination of the marriage, with the exception of those obligations that are provided for in the marriage contract for the period after the termination of the marriage.

Article 31. Invalidation of a marriage contract

1. A marriage contract may be declared invalid by the court in whole or in part on the grounds established by the Civil Code for the invalidity of transactions.

2. The court may also declare a marriage contract invalid in whole or in part at the request of one of the spouses, if the terms of this contract place this spouse in an extremely unfavorable position. The terms of a marriage contract that violate other requirements of Part 3 of Article 29 of this Code are void.

RESPONSIBILITY OF SPOUSES FOR THEIR OBLIGATIONS

Article 32. Foreclosure of property of spouses

1. For the obligations of one of the spouses, recovery may be applied only to the property of this spouse. If this property is insufficient, the creditor has the right to demand the allocation of the share of the debtor spouse due to the debtor spouse from the common property of the spouses in order to foreclose on it.

2. The penalty is applied to the common property of the spouses for the common obligations of the spouses. If a court verdict establishes that the common property of the spouses was acquired or increased from funds acquired by one of the spouses through criminal means, then the penalty may be applied, respectively, to the common joint property of the spouses or to part of it.

3. The liability of spouses for harm caused to their children is determined in the manner established by civil legislation. In this case, foreclosure on the property of the spouses is applied in accordance with Part 2 of this article.

Article 33. Guarantees of creditors' rights when concluding, amending and terminating a marriage contract

1. The spouse is obliged to notify his creditor (creditors) about the conclusion of the marriage contract, its amendment or termination. If this obligation is not fulfilled, the spouse is liable for his obligations, regardless of the contents of the marriage contract.

2. The creditor (creditors) of the debtor spouse has the right to demand changes in the terms of the agreement concluded between them or to terminate the agreement due to significantly changed circumstances in the manner established by civil legislation.

ESTABLISHING THE FACT OF ORIGIN OF CHILDREN

Article 34. The basis for the emergence of the rights and responsibilities of parents and children

The rights and obligations of parents and children are based on the fact of origin of the children, confirmed in the manner prescribed by law.

Article 35. Establishing the fact of the child’s origin

1. The origin of the child from the mother (maternity) is confirmed on the basis of documents certifying the birth of the child by this mother in a medical organization, and if the child was born outside a medical organization, on the basis of relevant medical documents, statements of witnesses or other evidence.

2. If a child was born from married persons, the husband of the child’s mother is recognized as the father of the child, unless otherwise proven. The paternity of the spouse of the child's mother is certified by state registration of their marriage.

If a child was born within three hundred days after the date of divorce, or the marriage was declared invalid, or the death of the spouse of the child’s mother, the child’s paternity is established based on the mother’s application.

3. The paternity of a person who is not married to the child’s mother is established on the basis of a joint application from the father and mother of the child to the authorities carrying out state registration of civil status acts. In the event of the death of the mother, or the court declares her incompetent, or the impossibility of establishing her whereabouts, or deprivation of her parental rights The paternity of a child is established on the basis of a statement from the father with the consent of the guardianship and trusteeship authority, and in the absence of consent, by a court decision.

If there are circumstances that give reason to believe that submitting a joint application to establish paternity after the birth of a child may be impossible or difficult, the unmarried parents of the unborn child may submit such an application to the body that carries out state registration of civil status acts, during mother's pregnancy. In this case, a record of the child’s parents is made after the birth of the child.

4. Establishing paternity in relation to an adult person is allowed only with his consent, and if he is declared incompetent by the court, with the consent of his guardian (trustee) or the guardianship and trusteeship authority.

Article 36. Establishment of paternity in court

In the case of the birth of a child to parents who are not married to each other, if there is no joint statement of the parents or a statement of the child’s father, the fact of the child’s origin from a specific person (paternity) is established in court upon the application of one of the parents, the guardian (trustee) of the child, or by application of the person who is dependent on the child, and when the child reaches the age of majority - according to the application submitted by him. In this case, the court takes into account any evidence that reliably confirms the origin of this child from this specific person.

Article 37. Establishment by the court of the fact of recognition of paternity

In the event of the death of a person who recognized himself as the father of the child, but was not married to the child’s mother, the fact that he recognized himself as the father of the child (paternity) can be established in court according to the norms established by civil procedural legislation.

Article 38. Entry of the child's parents in the state birth registration book

The entry of the child's parents in the state birth registration book is carried out in the manner established by the legislation of the Republic of Armenia.

Article 39. Challenging paternity (maternity)

1. An entry about parents in the state birth registration book, made in accordance with Article 38 of this Code, can only be challenged in court at the request of a person recorded as the father or mother of the child, or a person actually considered the father or mother of the child, according to at the request of a guardian (trustee), guardian (trustee) of a parent recognized by the court as incompetent, as well as at the request of the child himself who has reached the age of majority.

2. The requirement to challenge the paternity of a person recorded in the state birth registration book by the father of a child born to unmarried parents cannot be satisfied if it is proven that at the time of entry by the child’s father this person knew that he was not actually is the father of the child.

3. A spouse who has given written consent in accordance with the procedure established by law to the use of artificial insemination or implantation of an embryo has no right, after registering the birth of a child, to challenge the paternity of a child born in this way.

Spouses who consented to the implantation of an embryo and to the carrying of the fetus by another woman, as well as the woman who carried the fetus, do not have the right to refer to this circumstance when challenging the birth of a child after registering the birth.

Article 40. Rights and responsibilities of children born from unmarried persons

When establishing paternity in the cases and in the manner provided for by this Code, children have the same rights and obligations in relation to their parents and their relatives as children born from persons married to each other.

RIGHTS AND RESPONSIBILITIES OF PARENTS

Article 49. Equality of rights and responsibilities of parents

1. Parents have equal rights and bear equal responsibilities in relation to their children (parental rights).

2. Parental rights provided for in this chapter are terminated when children reach the age of eighteen, as well as when children marry in the prescribed manner, in cases where children acquire full legal capacity in the manner prescribed by law, before they reach the age of majority.

Article 50. Rights of unmarried minor parents

1. Unmarried minor parents have the right to live together with their child and to participate in his upbringing.

2. In the event of the birth of a child to unmarried minor parents, as well as when their maternity and (or) paternity are established, parents may independently exercise parental rights upon reaching marriageable age.

Until minor parents reach marriageable age, their child may be assigned a guardian who will raise this child together with the minor parents. Disagreements arising between the child's guardian and minor parents are regulated by the guardianship and trusteeship authority.

3. Unmarried minor parents have the right to recognize or challenge their paternity and maternity on a general basis.

Article 51. Rights and responsibilities of parents regarding the upbringing and education of children

1. Parents have the right and obligation to raise their children.

Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.

Parents have a priority right to raise their children over all other persons.

1. Parents are obliged to ensure that their children receive an education.

Parents, taking into account the opinions of their children, have the right to choose an educational institution and the form of education for their children until their children receive basic general education.

Article 52. Rights and responsibilities of parents to protect the rights and interests of children

The protection of the rights and legitimate interests of children rests with their parents.

Parents are considered the legal representatives of their children and, without a power of attorney, act to protect their rights and interests in any relations with individuals and legal entities, as well as in court.

Article 53. Exercise of parental rights

1. Parental rights cannot be exercised in conflict with the interests of children.

Ensuring the interests of children should be the main concern of parents.

When exercising parental rights, parents do not have the right to cause harm to the physical and mental health of children, their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation.

Parents who exercise parental rights to the detriment of the rights and interests of children are liable in accordance with the procedure established by law.

2. All issues related to the upbringing and education of children are decided by parents by mutual agreement, based on the interests of the children and taking into account the opinion of the child who has reached the age of ten years. Parents (one of them), if mutual agreement is not reached, may apply to the guardianship and trusteeship authority or the court for resolution of existing disagreements.

3. If the parents live separately, the place of residence of the children is determined by agreement of the parents. In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinion of the child who has reached the age of ten years. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (type of activity (nature of work) parents, their property and marital status, etc.).

Article 54. Exercise of parental rights by a parent living separately from the child

1. A parent living separately from the child has the right to communicate with the child, to participate in his upbringing, and to resolve issues regarding the child’s education.

The parent with whom the child lives should not interfere with the child’s communication with the other parent, if such communication does not harm the child’s physical and mental health or his moral development.

2. Parents have the right to enter into a written agreement on the exercise of parental rights by a parent living separately from the child.

If the parents cannot come to an agreement, then, at the request of the parents or one of them, the dispute is resolved by the court with the obligatory participation of the guardianship and trusteeship authority.

3. In case of malicious failure to comply with a court decision, the court, at the request of a parent living separately from the child, may make a decision to transfer the child to him based on the interests of the child and taking into account the opinion of the child who has reached the age of ten years.

4. A parent living separately from the child has the right to receive information about his child from educational and medical organizations, organizations social protection population or other similar organizations. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court.

Article 55. Obligation of step-parents to raise and support step-children

Step-parents are obliged to raise and support children born in the spouse’s previous marriage and living together with them (step-children).

Article 56. The child’s right to communicate with grandparents, brothers, sisters and other relatives

1. Grandfather, grandmother, brothers, sisters and other relatives have the right to communicate with the child.

2. If the parents or one of them refuse to provide the child with the opportunity to communicate with close relatives, the guardianship and trusteeship authority may oblige the parents or one of them not to interfere with this communication.

3. If the parents or one of them does not comply with the decision of the guardianship and trusteeship authority, close relatives of the child may apply to the court with a claim to remove obstacles to communication with the child. The court resolves the dispute based on the interests of the child and taking into account the opinion of the child who has reached the age of ten years.

Article 57. Protection of parental rights

1. Parents may demand the return of their child from a person who is holding him without legal grounds or without a court decision. If there is a dispute, parents can go to court to protect their parental rights.

The court may, taking into account the opinion of a child who has reached the age of ten years, refuse to satisfy the parents' claim if it comes to the conclusion that the transfer of the child to the parents is not in the interests of the child.

2. If it is established in court that neither the parents nor the person who has the child is able to ensure his upbringing and development, the court transfers the child to the care of the guardianship and trusteeship authority.

Article 58. Removal of a child when there is an immediate threat to his life and health

1. In the event of an immediate threat to the life and health of a child, the guardianship and trusteeship authority has the right to immediately take the child away from the parents (one of them) or from the persons into whose care the child is transferred.

2. When a child is taken away, the guardianship and trusteeship authority is obliged to immediately provide temporary placement for the child and, within seven days, file a lawsuit to deprive the parents (one of them) of parental rights or to limit their parental rights.

Article 59. Deprivation of parental rights

Parents or one of them may be deprived of parental rights if they:

a) maliciously avoid fulfilling parental responsibilities, including paying child support;

b) refuse, without good reason, to take their child from a maternity hospital or other medical organization, as well as an educational organization, social protection organization or other similar organizations;

c) abuse their parental rights, including having a harmful impact on children with their immoral behavior;

d) abuse children, including physical or mental violence against them, attacks on their sexual integrity;

e) suffer from chronic alcoholism or drug addiction, substance abuse;

f) committed a deliberate crime against their children.

Article 60. Procedure for deprivation of parental rights

1. Deprivation of parental rights is carried out in court.

Cases of deprivation of parental rights are considered upon the application of one of the parents (legal representative), as well as upon the application of bodies and organizations (guardianship and trusteeship authorities, organizations provided for orphans and children without parental care, and others), for which assigned responsibilities to protect children's rights.

2. Cases of deprivation of parental rights are considered with the mandatory participation of the guardianship and trusteeship authority.

3. If the court, when considering a case on deprivation of parental rights, finds signs of a criminal offense in the actions of the parents or one of them, it is obliged to notify the relevant competent authorities about this.

4. The court is obliged, within three days from the moment the court decision on deprivation of parental rights enters into legal force, to send an extract from this decision to the body that carries out state registration of acts of civil status at the place of state registration of the child’s birth.

Article 61. Consequences of deprivation of parental rights

1. Parents deprived of parental rights lose all rights based on the fact of relationship with the child in respect of whom they were deprived of parental rights (including the right to receive maintenance from him, as well as the right to benefits and state benefits that established for citizens with children).

2. Deprivation of parental rights does not relieve parents from the obligation to support their child.

3. The issue of further cohabitation of the child and parents or one of them who are deprived of parental rights is resolved in court.

4. If parents or one of them are deprived of parental rights, the child retains the right of ownership of residential premises or the right to use residential premises, and in the absence of residential premises, the right to receive residential premises in accordance with housing legislation, and also retains property rights based on kinship with parents and other relatives (including the right to inheritance).

5. If it is impossible to transfer the child to another parent or if both parents are deprived of parental rights, he is transferred to the care of the guardianship and trusteeship authority.

6. If parents or one of them are deprived of parental rights, the adoption of a child is permitted no earlier than six months from the date of entry into force of the court decision on deprivation of parental rights.

Article 62. Restoration of parental rights

1. Parents or one of them can be restored to parental rights if they have changed their behavior, lifestyle and (or) attitude towards raising a child.

2. Restoration of parental rights is carried out in court at the request of a parent deprived of parental rights. Cases on the restoration of parental rights are considered with the mandatory participation of the guardianship and trusteeship authority.

3. Simultaneously with the application for restoration of parental rights, a request for the return of the child to the parents or one of them may be considered.

4. Restoration of parental rights in relation to a child who has reached the age of ten years is carried out taking into account his opinion.

The court has the right, taking into account the opinion of a child who has reached the age of ten years, to reject the claim for restoration of parental rights if restoration of parental rights is contrary to the interests of the child.

Restoration of parental rights is not allowed if the child is adopted and the adoption is not canceled in the prescribed manner.

Article 63. Restriction of parental rights

1. Based on the interests of the child, the court may make a decision to take the child away from the parents (one of the parents) without depriving them of parental rights (limitation of parental rights).

2. Restriction of parental rights is permitted if leaving a child with his parents or with one of them is dangerous for him due to circumstances beyond the control of the parents or one of them (mental or other chronic illness, difficult circumstances, etc.).

Restriction of parental rights is also permitted in cases where even leaving a child with the parents or with one of them due to their behavior is dangerous for the child, but there are no sufficient grounds for depriving the parents or one of them of parental rights. If the parents or one of them does not change their behavior, the guardianship and trusteeship authority, after six months after the entry into force of the court decision to limit parental rights, is obliged to file a claim for deprivation of parental rights. Based on the interests of the child, the guardianship and trusteeship authority may file a claim to deprive the parents or one of them of parental rights before the expiration of this period.

3. A claim for restriction of parental rights may be brought by close relatives of the child, bodies and organizations charged by law with the responsibility to protect the rights of children, preschool, general education and other organizations.

4. Cases on restriction of parental rights are considered with the mandatory participation of the guardianship and trusteeship authority.

5. The court is obliged, within three days from the date of entry into legal force of the court decision to limit the parental rights of the parents or one of them, to send an extract from the decision to the body that carries out state registration of acts of civil status at the place of state registration of the child’s birth.

Article 64. Consequences of restricting parental rights

1. Parents whose parental rights are limited in accordance with the established procedure lose the right to personal education of the child, as well as the right to benefits and state benefits established for citizens with children.

2. Limitation of parental rights does not relieve parents from the obligation to support the child.

3. In the event of restriction of the parental rights of the parents or one of them, the child retains the right of ownership of residential premises or the right to use residential premises, and in the absence of residential premises - the right to receive residential premises in accordance with housing legislation, and also retains property rights based on relationship with parents and other relatives (including the right to inheritance).

4. In case of restriction of parental rights of parents, the child is transferred to the care of the guardianship and trusteeship authority.

Article 65. Communication of a child with parents whose parental rights are limited

Parents whose parental rights are limited in accordance with the established procedure may be allowed contact with the child if this does not have a harmful effect on the child. Communication between parents and a child is permitted with the consent of the guardianship and trusteeship authority, adoptive parents, guardian (trustee) of the child, or with the consent of the head of the organization or his deputy in which the child is located.

Article 66. Cancellation of restrictions on parental rights

1. If the circumstances on the basis of which the parental rights of the parents or one of them were limited no longer exist, the court, at the request of the parents or one of them, may make a decision to return the child to the parents or one of them and to cancel the restrictions provided for by this Code.

2. The court, taking into account the opinion of a child who has reached the age of ten years, may refuse to satisfy the claim if the return of the child to his parents or one of them is contrary to his interests.

Article 67. Participation of the guardianship and trusteeship authority in court consideration of disputes related to the upbringing of children

1. When considering disputes related to the upbringing of children, the court must involve the guardianship and trusteeship authority in the case, regardless of who filed the claim in defense of the child.

2. The guardianship and trusteeship body is obliged to conduct a study of the life of the child and the person (persons) applying for his upbringing, and submit to the court a report of the study and a conclusion based on it on the merits of the dispute.

ALIMONY OBLIGATIONS OF FAMILY MEMBERS

SUPPORT OBLIGATIONS OF PARENTS AND CHILDREN

Article 68. Responsibilities of parents to support children

1. Parents are obliged to support their children.

The procedure and conditions for providing support to children are determined by the parents independently.

Parents may enter into an agreement on the maintenance of their children (agreement on the payment of alimony) in accordance with Chapter 15 of this Code.

2. If parents do not provide funds for maintenance to their children, funds for maintenance (alimony) are collected from the parents in court.

Article 69. Amount of child support collected in court

1. In the absence of an agreement between the parents on the payment of child support, the collection of alimony from the parents is carried out in court by monthly payment of alimony in the amount of:

a) for one child – one quarter of the parents’ earnings and (or) other income;

b) for two children – one third of the parents’ earnings and (or) other income;

c) for three or more children - half the earnings and (or) other income of the parents.

The amount of monthly payments for each child provided for by this part should not be less than the established minimum wage, and when collecting alimony from parents receiving unemployment benefits - 20 percent of unemployment benefits.

2. The size of the shares provided for in part 1 of this article may be reduced or increased by the court, taking into account the property and family status and the interests of the parties that deserve attention.

Article 70. Types of earnings and (or) other income of parents from which child support is withheld

The types of earnings and (or) other income that parents receive in Armenian drams or in foreign currency, from which alimony is withheld in favor of children in accordance with Article 69 of this Code, are determined by the legislation of the Republic of Armenia.

Article 71. Collection of child support in a fixed amount

1. In the absence of an agreement between the parents on the payment of child support, the court has the right to establish the monthly amount of alimony to be collected in a fixed sum of money or simultaneously in a fixed sum of money and in shares.

The provisions of the first paragraph of this part apply if the collection of alimony in proportion to the earnings and (or) other income of the parents is impossible, or difficult, or significantly violates the interests of one of the recipients, as well as in cases where the parent who has the obligation to pay child support :

a) receives irregular or changing earnings and (or) other income;

b) receives earnings and (or) other income in kind or in foreign currency;

c) does not receive or has no earnings and (or) other income.

2. The amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child’s previous level of support, taking into account the property and marital status of the interests of the parties worthy of attention.

3. If there are children with each of the parents, the amount of alimony from one of the parents in favor of the other less wealthy parent is determined by the court in accordance with Part 2 of this article in a fixed amount of money, subject to monthly collection.

Article 72. Collection and use of alimony for children left without parental care

1. For children left without parental care, alimony is collected in accordance with Articles 69-71 of this Code and is paid to the guardian (trustee) of the children.

2. Alimony collected from parents for children left without parental care and located in educational, medical organizations, social protection organizations or other similar organizations is transferred to the accounts of these organizations, where they are recorded, separately for each child.

These organizations may deposit these amounts in banks. Fifty percent of the income from the circulation of received amounts of alimony is used to support children in the specified organizations. The organization, when the child leaves this organization, transfers the amount of alimony received for him and fifty percent of the income from the circulation of this amount to a bank account opened in the name of the child.

Article 73. The right to child support for disabled adult children

1. Parents are obliged to provide funds for the maintenance of their disabled adult children who need their help.

2. In the absence of an agreement on the payment of alimony, the amount of alimony for disabled adult children is determined by the court in a fixed amount. It is payable monthly based on the property and marital status and deserving interests of the parties.

Article 74. Participation of parents in additional expenses for children

1. In the absence of an agreement and in the presence of exceptional circumstances (serious illness, injury to children or disabled adult vulnerable children, the need to pay for special care for them and other circumstances), each of the parents may be called upon by a court decision to participate in bearing additional expenses arising from these circumstances.

The procedure for the participation of parents in incurring additional expenses and the amount of these expenses in a fixed monetary amount is determined by the court based on the property and family status and the interests of the parents and children that deserve attention. This amount is payable monthly.

2. The court may oblige parents to participate both in the additional expenses actually incurred and in the additional expenses that need to be incurred in the future.

Article 75. Responsibilities of adult children to support their parents

1. Able-bodied adult children are obliged to support and care for their parents who are unable to work and need help.

2. In the absence of an agreement on the payment of alimony, alimony for parents in need of help is collected from their adult able-bodied children in court.

3. The amount of alimony in a fixed amount collected from each of the children is determined by the court based on the property and family status and the interests of the parents and children that deserve attention. This amount is payable monthly.

4. When determining the amount of alimony from each adult child, the court may take into account all adult able-bodied children of a given parent, regardless of whether the claim is made against one, several of them, or all of them.

5. Children may be released from the obligation to support their disabled parents who are in need of help if a court decision establishes that the parents at one time evaded fulfilling their parental responsibilities.

Children are exempt from the obligation to pay child support to parents deprived of parental rights.

Article 76. Participation of adult able-bodied children in additional expenses for disabled parents

1. In the absence of care of adult able-bodied children for disabled parents and in the presence of exceptional circumstances (serious illness, injury of a parent, the need to pay for outside care for him and others), they may be forced by a court decision to participate in bearing additional expenses arising from these circumstances.

2. The procedure for incurring additional expenses by each of the adult able-bodied children and the amount of these expenses is determined by the court, taking into account the property and family status and the interests of parents and children that deserve attention, subject to the requirements of parts 3-5 of Article 75 of this Code.

3. The procedure for incurring additional expenses and the amount of these expenses may be determined by agreement of the parties.

ALIMONY OBLIGATIONS OF SPOUSES AND FORMER SPOUSES

Article 77. Responsibilities of spouses for mutual maintenance

Spouses are obliged to financially support each other.

If such support is refused and there is no agreement between the spouses on the payment of alimony, the following have the right to demand alimony in court from the other spouse who has the necessary means for this:

a) a disabled unsecured spouse;

b) wife during pregnancy, as well as caregiver common child spouse until the child reaches three years of age;

c) an unsecured spouse caring for a common disabled child since childhood or an adult disabled child of the first group.

Article 78. The right to receive alimony from a former spouse after divorce

1. The right to demand alimony in court from a former spouse who has sufficient material resources has:

A) ex-wife during pregnancy, as well as the spouse caring for a common child until the child reaches three years of age;

b) an unsecured former spouse caring for a common disabled child since childhood or a disabled child of the first group;

c) a disabled, unsecured former spouse who became disabled before the divorce or within a year after the divorce;

d) an unsecured spouse who has reached retirement age within five years from the date of divorce, if the spouses have been married for fifteen years or more.

2. The amount of alimony and the procedure for providing it to the former spouse after divorce can be determined by agreement of the former spouses.

Article 79. The amount of alimony collected from spouses and former spouses in court

In the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony collected from the spouse (former spouse) in court in a fixed sum of money is determined by the court based on the property and marital status and the interests of the spouses (former spouses) worthy of attention. This amount is payable monthly.

Article 80. Exemption from the obligation to support the other spouse or limitation of this obligation to a certain period

The court may release a spouse from the obligation to provide assistance to another disabled unsecured spouse or limit this obligation to a certain period both during the marriage and after divorce, if the incapacity for work of the spouse in need of assistance occurs:

a) as a result of the abuse of alcoholic beverages, narcotic and (or) toxic substances or as a result of the commission of an intentional crime;

b) during the period the spouses are married to each other for a period of no more than one year;

c) as a result of immoral behavior in the family of a spouse requiring payment of alimony ( adultery, passion for gambling, etc.).

ALIMONY OBLIGATIONS OF OTHER FAMILY MEMBERS

Article 81. Responsibilities of brothers and sisters to support their minor or disabled brothers and sisters

Minor brothers and sisters in need of help, if it is impossible to receive maintenance from their parents, have the right to receive alimony in court from their adult able-bodied brothers and sisters who have sufficient funds. The same right is granted to adult disabled brothers and sisters who need help if they cannot receive support from their adult able-bodied children, spouse (former spouse) or parents.

Article 82. Responsibilities of grandparents for the maintenance of grandchildren

Minor grandchildren in need of help, if it is impossible to receive maintenance from their parents, have the right to receive alimony from their grandparents who have the necessary funds in court. The same right is granted to adult disabled grandchildren who need help if they cannot receive support from their spouses (former spouses) or from their parents.

Article 83. Obligation of grandchildren to support grandparents

Disabled grandparents in need of help, if they are unable to receive maintenance from their adult able-bodied children or from their spouse (former spouse), have the right to receive alimony in court from their adult able-bodied grandchildren who have the necessary funds.

Article 84. Obligation of children to support their actual caregivers

1. Disabled, unsecured persons who are actually raising children have the right to demand in court maintenance from their adult capable children if they cannot receive maintenance from their adult able-bodied children or from their spouse (former spouse).

2. The court may exempt children from providing maintenance to actual educators if the actual educators supported and raised them for less than five years, as well as if they supported and educated these children in an improper manner.

3. The responsibilities provided for in Part 1 of this article are not imposed on persons who were dependent (in care), as well as on persons who were raised in foster families.

Article 85. Responsibilities of stepsons and stepdaughters to support their stepfather and stepmother

1. Disabled stepfathers and mothers in need of help, who raised and supported their stepsons and stepdaughters, have the right to demand in court maintenance from adult able-bodied stepchildren and stepdaughters who have sufficient funds necessary for this, if they cannot receive maintenance from their adult able-bodied children or from spouses (former spouses).

2. The court may release stepsons and stepdaughters from the obligation to support their stepfather and stepmother if the latter raised or supported them for less than five years, and also if they did not properly fulfill their responsibilities for the maintenance and upbringing of their stepsons and stepdaughters.

Article 86. The amount of alimony collected in court in favor of other family members

1. The amount of alimony collected in favor of the persons specified in Articles 81-85 of this Code and the procedure for its payment may be determined by agreement of the parties.

2. In the absence of agreement between the parties, the amount of alimony collected in court in a fixed amount of money is established in each individual case by the court based on the property and family status and the interests of the payer and recipient of alimony that deserve attention. This amount is payable monthly.

3. If several persons are required to support a family member requiring alimony at the same time, the court, depending on their property and marital status, determines the amount of participation of each of them in fulfilling the alimony obligation. When determining the amount of alimony, the court has the right to take into account all persons obligated to pay alimony, regardless of whether a claim is brought against one, several of them, or all of them.

ALIMONY PAYMENT AGREEMENT

Article 87. Conclusion of an agreement on the payment of alimony

An agreement on the payment of alimony (the amount, conditions and procedure for paying alimony) is concluded between the person obligated to pay alimony and the guardian, and in case of incapacity of the person obligated to pay alimony and (or) the recipient of alimony - between the legal representatives of these persons. Persons with limited legal capacity enter into an agreement to pay alimony with the consent of their legal representatives.

Article 88. Form of agreement on payment of alimony

The agreement to pay alimony is concluded in writing and is subject to notarization.

Article 89. The procedure for concluding, executing, changing, terminating and invalidating an agreement on the payment of alimony

1. The rules of civil law relating to the conclusion, execution, modification, termination and invalidation of civil law transactions are applied to the conclusion, execution, modification, termination and invalidation of an agreement on the payment of alimony.

2. The agreement to pay alimony may be changed or terminated at any time by mutual agreement of the parties.

The form for changing or terminating the alimony agreement must correspond to the form in which it was concluded.

3. Unilateral change or termination of the alimony payment agreement is not permitted.

4. In the event of a significant change in the property and marital status of the parties, as well as in the event of failure to reach an agreement to amend or terminate the agreement on the payment of alimony, the interested party has the right to file a claim in court to amend or terminate this agreement. When deciding whether to change or terminate an alimony agreement, the court has the right to take into account any noteworthy interests of the parties.

Article 90. Invalidation of an alimony payment agreement that infringes on the interests of the alimony recipient

If the conditions for providing maintenance to a child or an adult incapacitated family member provided for in an agreement on the payment of alimony significantly infringe on their interests (in particular, in the event of non-compliance with the requirements of Part 2 of Article 91 of this Code), then such an agreement may be declared invalid in court at the request of the child’s legal representative or an adult incapacitated family member, as well as a guardianship and trusteeship authority.

Article 91. Amount of alimony paid under an alimony agreement

1. The amount of alimony paid under an agreement on the payment of alimony is determined by the parties.

2. The amount of alimony determined by agreement on the payment of alimony for children cannot be lower than the amount of alimony collected from them in court.

Article 92. Methods and procedure for paying alimony under an alimony agreement

1. The methods and procedure for paying alimony are determined by the agreement on the payment of alimony.

2. Alimony may be paid: in shares of the earnings and (or) other income of the person obligated to pay alimony; in a fixed sum of money paid periodically; in a fixed sum of money paid at a time; by providing property, as well as other means in respect of which an agreement has been reached.

3. The agreement on the payment of alimony may provide for a combination in various ways payment of alimony.

Article 93. Indexation of the amount of alimony paid under an alimony agreement

Indexation of the amount of alimony paid is carried out in accordance with the agreement on the payment of alimony. If the agreement on the payment of alimony does not provide for the indexation procedure, indexation is carried out in accordance with Article 105 of this Code.

PROCEDURE FOR PAYMENT AND COLLECTION OF ALIMONY

Article 94. Collection of alimony by court decision

In the absence of an agreement on the payment of alimony, family members specified in Articles 68-86 of this Code may apply to the court with a demand for the recovery of alimony.

Article 95. Deadlines for applying for alimony

1. A person entitled to receive alimony may apply to the court for the recovery of alimony, regardless of the time that has elapsed since the right to alimony arose, if alimony was not previously paid under an agreement on the payment of alimony.

Alimony is provided from the moment you go to court. Alimony for the past period can be collected for three years preceding the time of going to court, if the court establishes that before going to court, measures were taken to obtain funds for maintenance, but alimony was not received due to evasion of payment by the person obligated to pay alimony.

Article 96. Collection of alimony until the dispute is resolved by the court

1. In a case on the collection of alimony, the court may make a decision on the collection of alimony before the court decision on the collection of alimony enters into legal force, and in the collection of alimony for children - before the decision on the collection of alimony is made.

2. The amount of alimony collected is determined by the court based on the property and marital status of the parties. The amount of alimony collected for children is determined in accordance with Article 69 of this Code.

Article 97. Responsibilities of the administration of the organization withholding alimony

The administration at the place of work (organization) of a person obligated to pay alimony on the basis of an agreement on the payment of alimony or on the basis of a writ of execution is obliged to withhold alimony monthly from the salary and (or) other income of this person and pay or transfer it to the recipient of alimony no later than three days from the date of payment of wages and (or) other income to the person obligated to pay alimony.

Article 98. Withholding of alimony based on an alimony agreement

Withholding of alimony on the basis of an agreement on the payment of alimony may also be made if the total amount of withholding on the basis of such an agreement or writ of execution exceeds fifty percent of the earnings and (or) other income of the person obliged to pay alimony.

Article 99. Obligation to report a change of place of work of a person obligated to pay alimony

1. The administration of the organization that withheld alimony on the basis of a court decision or an agreement on the payment of alimony is obliged, within three days, to inform the compulsory executor of judicial acts at the place of execution of the decision to collect alimony and the recipient of alimony about the dismissal from work of the person obliged to pay alimony, as well as his new place of work or residence, if they are known to her.

2. A person obliged to pay alimony must, within the period specified in part 1 of this article, inform the compulsory executor of judicial acts and the recipient of alimony about a change of place of work or residence, and when paying alimony to children, also about the availability of additional income and (or) other income.

3. In case of failure to report, without good reason, the information established by parts 1 and 2 of this article, the persons guilty of this shall bear responsibility in the manner prescribed by law.

Article 100. Foreclosing on the property of a person obligated to pay alimony

1. Collection of alimony in the amount established by an agreement on the payment of alimony or a court decision, as well as collection of arrears of alimony, is carried out from the earnings and (or) other income of the person obliged to pay alimony. If earnings and (or) other income are insufficient, alimony is withheld from the funds of the person obligated to pay alimony held in banks or other credit institutions, as well as from funds transferred under agreements to commercial and non-profit organizations, except for agreements entailing a transfer of ownership. If these funds are insufficient, foreclosure is applied to any property of the person obligated to pay alimony, which may be foreclosed by law.

2. Foreclosing on funds located in the bank accounts of a person obligated to pay alimony and on his other property is carried out in the manner established by civil procedural legislation.

Article 101. Determination of alimony debt

1. Collection of alimony for the past period on the basis of an agreement on the payment of alimony or a writ of execution is carried out within a three-year period preceding the presentation of the agreement on the payment of alimony or a writ of execution.

2. If the withholding of alimony on the basis of a writ of execution or an agreement on the payment of alimony was not made through the fault of the person obliged to pay alimony, the collection of alimony is carried out in court for the entire period, regardless of the three-year period established by part 2 of Article 95 of this Code.

3. The amount of alimony debt is determined by the compulsory executor of judicial acts based on the amount of alimony determined by a court decision.

4. The amount of arrears in alimony paid for children in accordance with Article 69 of this Code is determined based on the earnings and (or) other income of the person obligated to pay alimony for the period during which alimony was not collected. If the person obligated to pay alimony did not work during this period or if documents confirming his earnings and (or) other income are not presented, arrears of alimony are determined based on two times the minimum wage established by law in the Republic of Armenia at the time of its collection. If such a determination of the amount of alimony debt significantly violates the interests of one of the parties, then the party whose interests are violated may go to court. The court determines alimony debt in a fixed amount based on the property and marital status and other noteworthy interests of the parties.

Article 102. Exemption from payment of arrears of alimony

1. When paying alimony by agreement of the parties, exemption from payment of alimony arrears or its reduction is possible with the mutual consent of the parties, with the exception of cases of payment of alimony for children.

2. The court may, at the request of a person obligated to pay alimony, release him in whole or in part from paying arrears of alimony if it finds that the failure to pay alimony was due to the illness of this person or for other valid reasons, and his property and family status are not makes it possible to pay off the resulting alimony debt.

Article 103. Responsibility for late payment of alimony

1. If a debt arises through the fault of a person obligated to pay alimony under an agreement on the payment of alimony, the guilty person shall be liable in the manner prescribed by this agreement.

2. If a debt arises due to the fault of a person obliged to pay alimony by a court decision, the guilty person shall pay the recipient of the alimony a penalty in the amount of 0.05 percent of the amount of unpaid alimony for each day of delay.

The recipient of alimony may also make a claim to recover from the person obligated to pay alimony and who is guilty of late payment of alimony, losses caused by the delay in fulfilling alimony obligations, to the extent not covered by the penalty.

Article 104. Inadmissibility of offset and reverse collection of alimony

1. Alimony cannot be offset by other counterclaims.

2. Paid amounts of alimony cannot be claimed back, except for the following cases:

a) cancellation of a court decision to collect alimony based on the recipient of alimony reporting false information or submitting forged documents to him;

b) recognition of an agreement on the payment of alimony as invalid due to its conclusion under the influence of deception, threats or violence on the part of the recipient of alimony;

c) establishment by a court decision of the fact of falsification of a court decision, agreement on the payment of alimony or a writ of execution, on the basis of which alimony was paid.

3. If the actions provided for in Part 2 of this article are committed by a representative of a child or an adult incompetent person receiving alimony, then alimony is not collected, and the amounts of alimony paid are recovered from the guilty representative at the claim of the person obligated to pay alimony.

Article 105. Indexation of alimony

For indexation purposes, the court sets the amount of alimony in a fixed sum of money corresponding to a certain number minimum sizes wages.

Article 106. Payment of alimony in the event of a person obligated to pay alimony leaving for a foreign country for permanent residence

1. A person leaving for permanent residence in a foreign state may conclude, in accordance with Articles 87, 88, 91 and 92 of this Code, an agreement on the payment of alimony with family members to whom he is legally obliged to provide maintenance funds.

2. If an agreement is not concluded, the interested person may apply to the court with a demand to determine the amount of alimony in a fixed monetary amount and for a one-time payment of alimony, or to provide certain property on account of alimony, or to pay alimony in another way.

Article 107. Changing the amount of alimony established by the court and exemption from paying alimony

1. If, in the absence of an agreement on the payment of alimony, after the amount of alimony has been determined in court, the property and marital status of one of the parties has changed, the court may, at the request of either party, change the established amount of alimony or exempt the person obliged to pay alimony from paying it. When changing the amount of alimony or releasing it from payment, the court may also take into account the interests of the parties that deserve attention.

2. The court may refuse to collect alimony in favor of an adult capable person if it is established that he has committed an intentional crime against the person obligated to pay alimony or in the case of immoral behavior of an adult capable person in the family.

Article 108. Termination of alimony obligations

1. Alimony obligations established by an agreement on the payment of alimony are terminated by the death of one of the parties, the expiration of this agreement or on other grounds provided for by this agreement.

2. Payment of alimony collected in court shall be terminated:

a) upon the child reaching the age of majority or after the children acquire full legal capacity until they reach the age of majority;

b) upon adoption of a child for whose maintenance alimony was collected;

c) when the alimony recipient’s ability to work is restored or the need ceases;

d) upon the entry of a disabled ex-spouse in need of assistance and receiving alimony into a new marriage;

e) the death of the person receiving alimony or the person obligated to pay alimony.

IDENTIFICATION AND PLACEMENT OF CHILDREN WITHOUT PARENTAL CARE

Article 109. Protecting the rights and interests of children left without parental care

1. Protection of the rights and interests of children in the event of the death of parents, deprivation of their parental rights, restriction of their parental rights, recognition of parents as incompetent, evasion of parents from raising children or protection of their rights and interests (including when parents refuse to take their children out of educational institutions , medical organizations, social welfare organizations or other similar organizations), as well as in other cases of lack of parental care, is entrusted to the guardianship and guardianship authorities subordinate to local governments.

Guardianship and trusteeship authorities identify children left without parental care, keep records of such children and, based on certain circumstances of the loss of parental care, choose forms of placement for these children.

Other legal and individuals, except for the guardianship and trusteeship authorities, it is not permitted to carry out activities related to the placement of children left without parental care, except for cases provided for by the legislation of the Republic of Armenia.

2. The head of the municipality submits to the municipal council for approval the personal composition of the commission on issues of guardianship and trusteeship.

The approximate charter of the body or commission on issues of guardianship and trusteeship is approved by the Government of the Republic of Armenia.

Article 110. Identification and registration of children left without parental care

1. Officials of institutions (preschool educational, general education, medical and other similar organizations) who have information about the children specified in Part 1 of Article 109 of this Code are obliged to report this to the guardianship and trusteeship authorities at the place of the actual location of the children.

The guardianship and trusteeship authority, within three days from the receipt of such information, is obliged to conduct a study of the child’s living conditions and, if it is revealed that there is a lack of care of his parents or his relatives, to ensure the protection of the rights and interests of the child until the issue of his placement is resolved.

2. The heads of educational, medical organizations, social protection organizations and other similar organizations (in which there are children left without parental care) are obliged, within seven days from the day they became aware that the child could be placed in a family for upbringing, to about this to the guardianship and trusteeship authority at the location of this organization.

3. The guardianship and trusteeship authority, within 15 days from the receipt of information provided for in parts 1 and 2 of this article, ensures the placement of the child. If it is impossible to transfer the child to be raised in a family, this body sends information about such a child to the body authorized by the Government of the Republic of Armenia to register such children and for the purpose of organizing the subsequent upbringing of children in families before the end of the specified period.

The relevant authorized body, within 15 days from the receipt of such information about children, organizes the placement of these children for subsequent upbringing in families of citizens, and if impossible, reports this to the body authorized by the Government of the Republic of Armenia, which ensures centralized registration of children left without parental care, and assists in the subsequent placement of these children into families.

The procedure for centralized registration of children left without parental care is approved by the Government of the Republic of Armenia.

4. Managers and officials organizations specified in parts 2 and 3 of this article, for failure to fulfill their duties, for providing knowingly false information, as well as for committing such actions that are aimed at concealing a child from being placed in foster care, are liable in the manner prescribed by law.

Article 111. Placement for children left without parental care

1. Children left without parental care are subject to transfer to a family for upbringing (adoption), guardianship (trusteeship) or a foster family, and in the absence of such a possibility, to all types of organizations for orphans or children left behind. without parental care (educational, medical organizations, social protection organizations or other similar organizations).

When placing a child, his ethnic origin, belonging to a particular religion and culture, native language, the possibility of ensuring continuity in upbringing and education.

2. Until children left without parental care are placed in a family or organization specified in Part 1 of this article, the duties of a guardian (trustee) of children are temporarily assigned to the guardianship and trusteeship body.

3. The list of organizations provided for the placement of orphans or children left without parental care, and the procedure for their placement, is established by the Government of the Republic of Armenia.

ADOPTION OF CHILDREN

Article 112. Children up for adoption

1. Adoption is a legal act according to which adoptive parents and adopted children acquire the rights and obligations provided by law for parents and children.

Adoption is considered a priority form of placement for children left without parental care.

2. Adoption is pursued only in relation to children and only based on their interests in compliance with the requirements of paragraph two of part 1 of Article 111 of this Code, as well as taking into account the opportunities to provide children with physical, mental, spiritual and moral development.

3. Adoption of brothers and sisters by different persons is not allowed, except in cases where this adoption is in the interests of the children.

4. The adoption of children-citizens of the Republic of Armenia by foreign citizens and stateless persons is permitted only in cases where it is not possible to transfer these children for upbringing to families of citizens of the Republic of Armenia permanently residing in the territory of the Republic of Armenia, or for adoption of children by their relatives. Information about children subject to adoption is provided to foreign citizens three months after the specified children are registered with the centralized register.

Article 113. Procedure for adopting a child

1. Adoption is carried out by the court upon the application of the person (persons) wishing to adopt the child. The consideration of the case on establishing the adoption of a child is carried out by the court in accordance with the special procedure established by civil procedural legislation.

Cases on establishing the adoption of children are considered by the court with the mandatory participation of the guardianship and trusteeship authority and the person wishing to adopt.

2. To adopt a child, a conclusion is required from the body authorized by the Government of the Republic of Armenia on the validity of the adoption and on the compliance of this adoption with the interests of the adopted child, indicating information about the fact of personal communication between the adopted child and the adoptive parent(s).

The procedure for transferring children for adoption, as well as monitoring the living conditions and upbringing of children in adoptive families on the territory of the Republic of Armenia is carried out in accordance with the procedure established by law.

3. The rights and obligations of the adopted child and the adoptive parent(s) arise from the moment the court decision on adoption enters into legal force.

The court is obliged, within three days from the moment the court decision to establish the adoption of a child enters into legal force, to send an extract from this decision to the body that carries out state registration of acts of civil status at the place where the decision was made.

The adoption of a child is subject to state registration in the manner established by the Law of the Republic of Armenia “On Civil Status Acts.”

Article 114. Registration of children subject to adoption and persons wishing to adopt children

1. Registration of children subject to adoption is carried out in the manner established by Part 3 of Article 110 of this Code.

2. Registration of persons wishing to adopt children is carried out in the manner established by the Government of the Republic of Armenia.

Registration of foreign citizens and stateless persons wishing to adopt children who are citizens of the Republic of Armenia is carried out by an agency authorized by the Government of the Republic of Armenia.

Article 115. Inadmissibility of intermediary activities in the adoption of children

1. Intermediary activities in the adoption of children (that is, any activity of other persons in the selection and transfer of children for adoption on behalf and in the interests of persons wishing to adopt) is not permitted. Such activities do not include the activities of guardianship and trusteeship bodies and bodies authorized by the Government of the Republic of Armenia to identify and place children left without parental care.

2. Persons wishing to adopt a child may participate in the adoption process directly or through their legal representatives.

3. Persons carrying out intermediary activities in the adoption of children bear responsibility in accordance with the procedure established by law.

Article 116. Persons eligible for adoption

1. Adoptive parents may be adults, with the exception of:

b) spouses, one of whom is recognized by the court as incompetent or partially capable;

c) persons deprived of parental rights or limited in parental rights in court;

d) persons removed from the duties of a guardian (trustee) for improper fulfillment of the duties assigned to them by law;

f) persons who, for health reasons, are unable to exercise parental rights.

The list of diseases, in the presence of which a person cannot adopt a child, take him into guardianship (trusteeship), or take him into foster care, is approved by the Government of the Republic of Armenia;

g) persons who at the time of adoption do not have income to support the adopted child living wage;

h) persons who do not have a permanent place of residence, as well as living quarters that meet the established sanitary and technical requirements;

i) persons who, at the time of adoption, had a conviction for a grave or especially grave crime against a person or against public order and morality.

2. Unmarried persons cannot jointly adopt the same child.

3. If there are several persons simultaneously wishing to adopt the same child, the priority right is given to the child’s relatives and step-parents, provided that the requirements provided for in part 1 (except for paragraphs g, h) and part 2 are met of this article, and the interests of the child being adopted.

Article 117. Age difference between adoptive parent and adopted child

1. The age difference between the unmarried adoptive parent and the child being adopted must be at least eighteen years.

2. When a child is adopted by a stepfather (stepmother), the age difference limitation established by Part 1 of this article is not provided.

Article 118. Parental consent to adopt a child

1. To adopt a child, the written consent of his parents is required. When adopting a child of minor parents, the consent of their parents or guardians (trustees) is also required, and in the absence of parents or guardians (trustees), the consent of the guardianship and trusteeship authority.

The parents' consent to the adoption of a child must be expressed in a statement certified by a notary or certified by the head of the organization in which the child is left without parental care, or by the guardianship and trusteeship authority at the place of adoption of the child or at the place of residence of the parents, and the consent can also be expressed directly in court during the adoption process.

2. Parents may revoke their consent to the adoption of a child before the court decision on his adoption enters into legal force.

3. Parents may give consent to the adoption of a child to certain persons or without specifying a specific person. Consent to the adoption of a child can be given only after the birth of the child.

Article 119. Adopting a child without parental consent

The consent of the child's parents for his adoption is not required if they:

a) are unknown or recognized by the court as missing;

b) are recognized by the court as incompetent;

c) deprived of parental rights by a court;

d) for reasons recognized by the court as disrespectful, they have not lived with the child for more than one year and are evading his upbringing and maintenance.

Article 120. Consent to the adoption of a child by guardians (trustees), adoptive parents, in whose families there are children left without parental care

1. For the adoption of children under guardianship (trusteeship), the written consent of their guardians (trustees) is required.

To adopt children in foster care, the written consent of the adoptive parents is required.

2. The court may, based on the interests of the child, make a decision on his adoption without the consent of the persons specified in part 1 of this article.

Article 121. Consent of the adopted child to adoption

1. To adopt a child who has reached the age of ten years, his consent is required.

2. If, before filing an application for adoption, the child lived in the family of the adoptive parent and considers him to be his parent, adoption, as an exception, can be carried out without obtaining the consent of the child being adopted.

Article 122. Consent of the adoptive parent's spouse to adopt a child

1. When adopting a child by one of the spouses, the written consent of the other spouse for adoption is required, unless the child is adopted by both spouses.

2. The consent of the other spouse to adopt a child is not required if the spouses have terminated family relations, have not lived together for more than a year and the place of residence of the other spouse is unknown.

Article 123. First name, patronymic and last name of the adopted child

1. An adopted child may retain his first name, patronymic and last name.

2. The patronymic name of an adopted child is determined by the name of the adoptive parent, if the adoptive parent is a man, and if the child is adopted by a woman, by the name of the person indicated by her as the father of the adopted child.

3. At the request of the adoptive parent, the adopted child is assigned the surname of the adoptive parent, as well as the name indicated by him.

4. If the surnames of the adoptive spouses are different, by agreement of the adoptive spouses, the adopted child is assigned the surname of one of them.

5. When a child is adopted by an unmarried person, at his request, the surname, name and account of the father (mother) of the adopted child are recorded in the state birth registration book at the direction of this person (adoptive parent).

6. A change in the surname, name and patronymic of an adopted child who has reached the age of ten years can be made only with his consent, except for the cases provided for in Part 2 of Article 121 of this Code.

7. A change in the surname, name and patronymic of an adopted child is indicated in the court decision on his adoption.

Article 124. Changing the date and place of birth of an adopted child

1. To ensure the secrecy of adoption, at the request of the adoptive parent, the date of birth can be changed, but not more than by three months, as well as the place of birth.

Changing the date of birth of an adopted child is allowed only when adopting a child under the age of one year.

2. Changes in the date and (or) place of birth of an adopted child are indicated in the court decision on his adoption.

Article 125. Registration of adoptive parents as parents of an adopted child

1. At the request of the adoptive parents, the court may make a decision to record the adoptive parents in the state birth registration book as the parents of the child adopted by them.

2. To make such a record in relation to an adopted child who has reached the age of ten, the consent of the child is required, except for the cases provided for in Part 2 of Article 121 of this Code.

3. The need to register the adoptive parents as parents of the adopted child is indicated in the court decision on the adoption of the child.

Article 126. Legal consequences of adopting a child

1. Adopted children and their offspring in relation to adoptive parents and their relatives, and adoptive parents and their relatives in relation to adopted children and their offspring are equal in their personal non-property and property rights and obligations to relatives by origin.

2. Adopted children lose personal non-property and property rights and are released from responsibilities towards their parents (relatives).

3. When a child is adopted by one person, personal non-property and property rights and obligations can be preserved at the request of the mother, if the adoptive parent is a man, or at the request of the father, if the adoptive parent is a woman.

4. If one of the parents of an adopted child has died, then, at the request of the parents of the deceased parent (grandfather or grandmother of the child), personal non-property and property rights and obligations in relation to the relatives of the deceased parent may be preserved if the interests of the child so require.

The right of relatives of a deceased parent to communicate with an adopted child is exercised in the manner established by Article 56 of this Code.

5. The preservation of the relationship of the adopted child with one of the parents or relatives of the deceased parent is indicated in the court decision on the adoption of the child.

6. The legal consequences of the adoption of a child, provided for in parts 1 and 2 of this article, occur regardless of the entry of the adoptive parents as parents in the birth record of this child.

7. A woman who has adopted a newborn child has the right to postpartum leave established by the labor legislation of the Republic of Armenia, and to other established benefits.

Article 127. Preservation of the adopted child's right to a pension and benefits

A child who at the time of his adoption has the right to a pension, benefit in connection with the death of his parents, retains this right also after adoption.

Article 128. The secret of child adoption

1. The secrecy of the adoption of a child is protected by law.

The judges who made a decision on the adoption of a child, or the head and employees of the body carrying out state registration of acts of civil status, carrying out state registration of adoption, as well as other persons aware of the adoption, are obliged to maintain the secrecy of the adoption of the child.

2. The persons specified in part 1 of this article, who disclose the secret of the adoption of a child against the will of his adoptive parents, bear responsibility in the manner prescribed by law.

Article 129. Cancellation of child adoption

1. The adoption of a child is canceled in court.

2. The case of canceling the adoption of a child is considered with the mandatory participation of the guardianship and trusteeship authority.

3. Adoption terminates from the day the court decision to cancel the adoption of the child enters into legal force.

The court is obliged, within three days from the moment the court decision to cancel the adoption of a child enters into legal force, to send an extract from this decision to the body that carries out state registration of acts of civil status at the place of state registration of adoption.

Article 130. Grounds for canceling the adoption of a child

1. The adoption of a child may be canceled in cases where the adoptive parents shirk the duties of parents assigned to them, abuse parental rights, abuse the adopted child, are considered sick, suffer from chronic alcoholism, drug addiction or substance abuse, as well as in the event of the appearance of a parent recognized by the court for a deceased or missing person, review of the relevant court decision, restoration of the legal capacity of a parent declared incompetent - at the request of these parents.

2. The court may cancel the adoption of a child also on other grounds, based on the interests of the child and taking into account the opinion of the child who has reached the age of ten years.

Article 131. Persons who have the right to demand cancellation of the adoption of a child

The right to demand the cancellation of the adoption of a child has his parents, the child’s adoptive parents, the guardianship and trusteeship authority, as well as an adopted child who has reached the age of eighteen years, in the cases provided for in Article 133 of this Code.

Article 132. Consequences of canceling the adoption of a child

1. When the adoption of a child is canceled in court, the mutual rights and obligations of the adopted child and the adoptive parents (relatives of the adoptive parents) are terminated and the mutual rights and obligations of the child and his parents (relatives) are restored if this is required by the interests of the child.

2. If the adoption is cancelled, the child is transferred to the parents by court decision. If the parents are absent or if the transfer of the child to the parents is contrary to his interests, the child is transferred to the care of the guardianship and trusteeship authority.

3. Simultaneously with the issue of canceling the adoption, the court also decides the issue of preserving the child’s first name, patronymic and surname given to him in connection with the adoption, as well as preserving the changed date and place of his birth.

Changing the name, name and surname of a child who has reached the age of ten is possible only with his consent.

Article 133. Inadmissibility of cancellation of adoption after the adopted child reaches the age of majority

Cancellation of the adoption of a child is not allowed if, at the time of filing a request to cancel the adoption, the adopted child has reached the age of majority, except in cases where such cancellation has the mutual consent of the adoptive parent and the adopted child, as well as the parents of the adopted child, if the parents are alive and have not been deprived of parental rights or they have not been declared incompetent by the court.

CUSTODY AND TRUSTEE OF CHILDREN

Article 134. Children over whom guardianship or guardianship is established

1. Guardianship or guardianship is established over children left without parental care for the purpose of their maintenance, upbringing and education, as well as the protection of their rights and interests.

2. Guardianship and trusteeship of children is assigned and terminated in the manner established by civil legislation.

Article 135. Guardians (trustees) of children

1. Only adults with legal capacity can be appointed as guardians (trustees) of children with their consent.

2. When assigning a guardian (trustee) to a child, the moral and other personal qualities of the guardian (trustee), his ability to perform the duties of a guardian (trustee), the relationship between the guardian (trustee) and the child, the attitude of the guardian (trustee’s) family members towards the child are taken into account, and also, if possible, the child's wishes.

3. Persons with chronic alcoholism, drug addiction or substance abuse, persons who have committed a deliberate crime against human life and health, persons removed from the duties of guardians (trustees), persons deprived of parental rights, persons with limited parental rights are not appointed as guardians (trustees). rights, former adoptive parents if the adoption was canceled due to their fault, as well as persons who, for health reasons, cannot fulfill the responsibility of raising a child.

Article 136. Guardianship (trusteeship) of children in educational, medical organizations, social protection organizations or other similar organizations

1. Children who are under full state care in educational, medical organizations, social protection organizations or other similar organizations are not assigned a guardian (trustee). The fulfillment of his duties is entrusted to these organizations.

Temporary placement of children by guardians (trustees) in the organizations specified in this article does not terminate the rights and obligations of the guardian (trustee) in relation to these children.

2. The guardian (trustee) specified in part 1 of this article does not have the right to prevent the child from communicating with parents and other close relatives, except in cases where such communication is not in the interests of the child.

3. The civil rights and obligations of a guardian (trustee) are established by the Civil Code.

4. The guardian and trustee perform the duties of guardianship and trusteeship in relation to the child under guardianship (trusteeship) free of charge.

FOSTER FAMILY

Article 137. Agreement on the transfer of a child to a family for upbringing

1. Raising a child (children) can be carried out in foster family on the basis of an agreement on the transfer of a child to a family.

An agreement on the transfer of a child (children) to a family is concluded between the guardianship and trusteeship authority and the adoptive parents (spouses or individual citizens who want to take children into their family).

2. The regulations on foster families are approved by the Government of the Republic of Armenia.

3. The child (children) is transferred to a foster family for upbringing until he reaches the age of majority for the period specified in the contract.

4. An agreement on the transfer of a child (children) to be raised in a family must provide for the conditions for the maintenance, upbringing and education of the child (children), the rights and responsibilities of adoptive parents, the responsibilities of the guardianship and trusteeship body in relation to the foster family, as well as the grounds and consequences of termination this agreement.

The amount of remuneration for foster parents and the benefits provided to a foster family depending on the number of children placed in foster care are established by the Regulations on foster families.

5. The agreement on the transfer of a child (children) to be raised in a family can be terminated early at the initiative of the adoptive parents if there are valid reasons (illness, changes in family or property status, lack of mutual understanding with the child (children), conflicts between children and others), and also on the initiative of the guardianship and trusteeship authority in the event of unfavorable conditions for the maintenance, upbringing and education of the child (children) in the foster family, or in the case of the return of the child (children) to the parents, or in the case of the adoption of the child (children).

Article 138. Adoptive parents

1. Adoptive parents may be adults, with the exception of:

a) persons recognized by the court as incompetent or partially capable;

b) spouses, one of whom the court has declared incompetent or partially capable;

c) persons deprived of parental rights in court, or persons limited in parental rights;

d) persons removed from the duties of a guardian (trustee) for improper performance of the duties assigned to them by law;

e) former adoptive parents, if the adoption was canceled by the court due to their fault;

f) persons who, for health reasons, cannot exercise parental rights;

g) persons who do not currently have income that would provide the child’s subsistence level;

h) persons who do not have a permanent place of residence, as well as living space that meets the established sanitary and technical requirements;

i) persons who at that time have a criminal record for an intentional crime against the life and health of citizens.

2. The selection of adoptive parents is carried out by the guardianship and trusteeship authorities in compliance with the requirements provided for in Part 2 of Article 135 of this Code.

3. Adoptive parents acquire the rights and responsibilities of a guardian (trustee) in relation to the child (children) transferred for upbringing.

Article 139. Child(ren) placed in foster care

1. A child (children) left without parental care (including those in educational, medical organizations, social welfare organizations or other similar organizations) is transferred to a foster family for upbringing.

Children suffering from an acute or chronic infectious disease cannot be placed in foster care unless the foster family insists otherwise.

2. The preliminary selection of a child (children) for transfer to a foster family is carried out by persons wishing to accept the child (children) to be raised in a family, in agreement with the guardianship and trusteeship authorities.

It is not permitted to place brothers and sisters in different foster families, unless this is in their best interests.

3. The transfer of a child (children) to a foster family is carried out taking into account the opinion of the child who has reached the age of ten years.

4. A child (children) transferred to a foster family retains the right to alimony, pension, benefits and other social payments due to him, as well as the right of ownership of residential premises, the right to use residential premises, and in the absence of residential premises, has the right to receive residential premises in accordance with housing legislation.

A child (children) placed in a foster family also acquires the rights provided for in Articles 42-44 of this Code.

5. The adoption of a child placed in a foster family is carried out on a general basis in the manner established by this Code. The agreement on the transfer of a child to a family for upbringing is terminated from the moment of adoption.

Article 140. Maintenance of a child (children) placed in a foster family

2. The guardianship and trusteeship authority is obliged to provide the foster family with the necessary assistance, facilitate the creation of living conditions and upbringing of the child (children), and also monitor the fulfillment of the duties assigned to the foster parents.

SECTION Vll

APPLICATION OF FAMILY LEGISLATION TO FAMILY RELATIONS INVOLVING FOREIGN CITIZENS AND STATELESS PERSONS

Article 141. Marriage on the territory of the Republic of Armenia

On the territory of the Republic of Armenia, marriages of foreign citizens and stateless persons are concluded in the manner established by the legislation of the Republic of Armenia.

Article 142. Marriages at consular offices

1. Marriages between citizens of the Republic of Armenia residing outside the territory of the Republic of Armenia are concluded in the consular offices of the Republic of Armenia.

2. Marriages between foreign citizens concluded on the territory of the Republic of Armenia in consular offices of foreign states are recognized as valid in the Republic of Armenia on the basis of reciprocity.

Article 143. Recognition of marriages contracted outside the territory of the Republic of Armenia

1. Marriages between citizens of the Republic of Armenia and marriages between citizens of the Republic of Armenia and foreign citizens or stateless persons, concluded outside the territory of the Republic of Armenia in compliance with the legislation of the state in whose territory they were concluded, are recognized as valid in the Republic of Armenia in the presence of consular legalization.

2. Marriages between foreign citizens concluded outside the territory of the Republic of Armenia, if the legislation of the state in whose territory they were concluded is observed, are recognized as valid in the Republic of Armenia in the presence of consular legalization.

Article 144. Invalidity of marriages concluded on the territory of the Republic of Armenia or outside the territory of the Republic of Armenia

The invalidity of marriages concluded on the territory of the Republic of Armenia or outside the territory of the Republic of Armenia is determined by the legislation that was applied when the marriage was concluded.

Article 145. Divorce

1. Divorce of marriage between citizens of the Republic of Armenia and foreign citizens or stateless persons, as well as marriage between foreign citizens in the Republic of Armenia, is carried out in the manner established by the legislation of the Republic of Armenia.

2. Divorce of marriage between citizens of the Republic of Armenia or dissolution of marriage between citizens of the Republic of Armenia and foreign citizens or stateless persons, committed outside the territory of the Republic of Armenia in compliance with the legislation of the state in whose territory they were concluded, are recognized as valid in the Republic of Armenia in the presence of consular legalization.

3. Divorce of marriage between foreign citizens, completed outside the territory of the Republic of Armenia in compliance with the legislation of the state in whose territory it was concluded, is recognized as valid in the Republic of Armenia in the presence of consular legalization.

Article 146. Personal non-property and property rights and obligations of spouses

1. Personal non-property and property rights and obligations of spouses are determined by the legislation of the state in whose territory they have a joint place of residence, and in the absence of a joint place of residence - by the legislation of the state in whose territory they had their last joint place of residence. Personal non-property and property rights and obligations of spouses who do not have a common place of residence are determined on the territory of the Republic of Armenia by the legislation of the Republic of Armenia.

2. When concluding a marriage contract or an agreement on the payment of alimony to each other, spouses who do not have a common citizenship or common place of residence may choose the legislation to be applied to determine their rights and obligations under the marriage contract or under the agreement on the payment of alimony. If the spouses have not chosen the legislation to be applied, the norms established by part 1 of this article are applied to the marriage contract or to the agreement on the payment of alimony.

Article 147. Establishing and challenging paternity (maternity)

Establishing and challenging paternity (maternity) on the territory of the Republic of Armenia is carried out in the manner established by the legislation of the Republic of Armenia. In cases where the legislation of the Republic of Armenia allows for the establishment of paternity (maternity) in the bodies carrying out state registration of acts of civil status, the parents of the child living outside the territory of the Republic of Armenia, at least one of whom is considered a citizen of the Republic of Armenia, may apply to establish paternity ( maternity) to the consular offices of the Republic of Armenia.

Article 148. Rights and responsibilities of parents and children

The rights and obligations of parents and children (including the obligation of parents to support children) are determined by the legislation of the state in whose territory they have a joint place of residence. In the absence of a joint place of residence of parents and children, the rights and obligations of parents and children are determined by the legislation of the state of which the child is a citizen. At the request of the plaintiff to alimony obligations and the legislation of the state in whose territory the child permanently resides may be applied to other relations between parents and children.

Article 149. Maintenance obligations of adult children and other family members

The alimony obligations of adult children in favor of their parents, as well as the alimony obligations of other family members, are determined by the legislation of the state in whose territory they have a joint place of residence. In the absence of a joint place of residence, such obligations are determined by the legislation of the state of which the person applying for alimony is a citizen.

Article 150. Adoption

1. Adoption, as well as cancellation of adoption on the territory of the Republic of Armenia by foreign citizens or stateless persons of a child citizen of the Republic of Armenia, is carried out in the manner established by the legislation of the Republic of Armenia.

The adoption of a child who is a citizen of the Republic of Armenia by foreign citizens or a stateless person is carried out upon receipt of prior consent according to a resolution of the Government of the Republic of Armenia.

When adopting a foreign child on the territory of the Republic of Armenia by citizens of the Republic of Armenia, it is necessary to obtain the consent of the child’s legal representative and the competent authority of the state of which the child is a citizen, as well as, if required by the legislation of the said state, the consent of the child who has reached the age of ten years to adopt.

2. If, as a result of adoption, the rights of the child established by the legislation of the Republic of Armenia and international treaties of the Republic of Armenia may be violated, the adoption cannot be carried out regardless of the citizenship of the adoptive parent, and the adoption made is subject to cancellation in court.

3. Protection of the rights and legitimate interests of a child citizen of the Republic of Armenia adopted by foreign citizens or stateless persons outside the territory of the Republic of Armenia, unless otherwise provided by international treaties of the Republic of Armenia, is carried out within the limits permitted by the norms of international law, by the consular institutions of the Republic of Armenia, in whose children are registered until they reach adulthood.

The procedure for registering by consular institutions a child citizen of the Republic of Armenia adopted by foreign citizens and stateless persons is approved by the Government of the Republic of Armenia.

4. The adoption of a child considered a citizen of the Republic of Armenia and residing outside the territory of the Republic of Armenia, carried out by the competent authority of a foreign state of which the adoptive parent is a citizen, is recognized as valid in the Republic of Armenia upon receipt of preliminary consent for adoption by decree of the Government of the Republic of Armenia.

Article 151. Establishing the content of foreign family law norms

1. When applying the norms of foreign family law, the court or bodies carrying out state registration of acts of civil status and other bodies establish the content of these norms in accordance with their official interpretation and practice of application in the relevant foreign state.

In order to establish the content of the norms of foreign family law, the court, bodies carrying out state registration of acts of civil status, and other bodies may, in accordance with the established procedure, apply to the competent bodies of the Republic of Armenia or foreign competent bodies to obtain appropriate clarifications or involve experts.

Interested persons have the right to submit documents confirming the content of the norms of foreign family law, which they refer to in support of their claims and objections, or otherwise assist the court, bodies carrying out state registration of acts of civil status, and other bodies in establishing the content of the norms of foreign family law.

Article 152. Limitation of the application of foreign family law norms

The norms of foreign family law are not applied if such application is contrary to the legal order (public order) of the Republic of Armenia. In this case, the legislation of the Republic of Armenia applies.

SECTION Vlll

FINAL AND TRANSITIONAL PROVISIONS

Article 153. Entry into force of this Code

1. This Code comes into force three months from the date of its official publication.

Within one year from the date of entry into force of the Code, it is required to bring laws containing norms of family legislation and other legal acts into conformity with the Code.

Until laws containing norms of family legislation and other legal acts are brought into compliance with the Code, they are applied to the extent that they do not contradict the Code.

2. From the moment this Code comes into force, the Code on Marriage and Family of the Republic of Armenia (July 18, 1969) and the Decree of the Presidium of the Supreme Council of the Republic shall be declared invalid Armenia, About order implementation of the Code on Marriage and Family of the Republic of Armenia" (November 27, 1969.

President of the Republic of Armenia R. Kocharyan

08.12.2004
ZR-123

08.07.2005
19.05.2009
17.03.2010	On amendments to the Family Code of the Republic of Armenia
08.02.2011	On introducing amendments and additions to the Family Code of the Republic of Armenia
30.04.2013	On amendments to the Family Code of the Republic of Armenia
07.05.2015
19.06.2015
21.12.2017
21.01.2020

Recent amendments to Family code The RA on equalizing the age of marriage was immediately dubbed by the people, with a certain amount of irony, the “law of gender equality,” since for Armenian men and women it will now begin at 18 years of age. Presenting the project at a government meeting, Minister of Justice Hrayr Tovmasyan justified its need for a number of circumstances: the change in school education from 10-year to 12-year, as well as the conclusion of the Ministry of Health on the problems early pregnancy. However, he did not hide the fact that international organizations have long been calling on the Armenian authorities to specifically address the issue of this particular gender inequality.

Meanwhile, as the head of one of the registry offices of the Kotayk region, Marietta Gevorgyan, said, in her many years of practice, she can count on her fingers wedding processions who stopped at the door of her establishment on a special day for the newlyweds. “As a rule, marriages are registered in our country much later, when a child has already been born, or even two,” she comments on the situation and adds that from the point of view of legality, the innovation seems to have a good purpose, but only formally, since this law is completely does not guarantee massive influxes into civil registry offices. How to explain the reluctance of young people to “sign” on their wedding day is difficult to explain. But upon reflection, he still says that, apparently, concern for procreation comes to the fore. And not so much on the part of the spouses, but on the part of the husband’s parents: after all, if the daughter-in-law is infertile during the first year life together, then without mutual insults and reproaches, as a rule, they show her the door without fear of the consequences of the legal rigmarole. In this case, there is essentially nothing to divide. Recently, even the bride's dowry is brought to the husband's house only after the birth of the first child.

According to the head of the demography and population census department of the National Statistical Service of Armenia, Karine Kuyumdzhyan, in the first quarter of 2012, 4,668 marriages were concluded in our country, which is 62 couples higher than the same figure last year. However, when asked how many of them were concluded directly on the wedding day, the official could not answer: such data simply does not exist. Demographer Ruben Yeganyan also says that marriages in Armenia are registered mainly late, when the child has already been born and when the girl has reached adulthood. “They get married in churches, but young people are in no hurry to register their relationship legally,” he states. This was especially evident in the first years of independence, when even after the birth of a child, a young mother for quite a long time preferred to remain in the status of “single” for the sake of additional benefits, and a wedding gave her the right to be called a married lady with the obligatory prefix “namus”. The last circumstance is all the more valuable if the wedding ceremony took place in a church, which, by the way, today can be called not so much a spiritual impulse as a fashionable ritual. “The fact that young people are increasingly coming to faith is good. And the fact that they are creating a family before God is also gratifying,” says Ter Hakob from the Surb Sarkis Church. – But, in my opinion, today there is some kind of shift in our mental values: weddings in the Armenian church are gradually moving towards European traditions, seen in numerous Western TV series. For example, where has it been seen that an Armenian bride is led to the altar by her father?”

Judging by the number of press conferences convened, the seemingly routine law aroused significant interest among public citizens, immediately dividing them into two camps. “I find it difficult to say what motivated the authors of the bill, but 18 years of age is precisely the period when general mental and psychological formation is completed. In other words, a person at this age is able to take responsibility for his actions. In addition, if we consider the issue from a physiological point of view, then its acceptance has a positive trend,” says sex therapist Vrezh Shahramanyan. However, not everyone agrees with this opinion. “Previously, by the age of 18, if a girl did not get married, then she was classified as an “overstaying bride” or an “old maid.” My mother got married at 15. I was born at 16. A similar situation still persists in remote regions of Armenia. Especially in villages, where every pair of hands is important,” says an elderly Yerevan resident. “But don’t consider me a guardian of the house-building industry with a wicked way of thinking, it’s just tempting to ask the legislators: if Romeo and Juliet had lived in our reality, they would probably have become hostages of this far-fetched law.” True, lawyers have their own answer: an exception for registering marriages of minor spouses may be, for example, the expectation of a child and “certain other circumstances.” However, by their own admission, explanations of “circumstances” are often in complete contradiction with each other and with the canons of the church, which still continues to register church marriages. According to many sociologists, for a number of reasons, the model of the Armenian family based on civil marriage, and essentially cohabitation, will remain “legal” in Armenia for a long time. Although in European countries civil marriage, even consecrated by the church, has long been no longer a basis for its legal recognition in the event of claims by the parties. Of course, it is difficult to imagine the intricacies of legal casuistry within the framework of one article, but there is no doubt that the presented amendments require improvement.

According to activists of women's organizations, we were clearly in a hurry with the new legislative initiative. Before adjusting gender inequality in the Family Code to the EU framework, it would be desirable to balance the female discrepancy in the local labor sphere, where, according to statistics, there are not very many representatives of the fair sex, and in leadership or prestigious positions there is a very small percentage. In their opinion, the formula “working woman - confident woman“will help strengthen the institution of the family, since in this case not a single married lady will want to be called a single mother for the sake of a penny allowance for an “illegitimate” child. “Our state’s concern for the health of a young mother is, of course, good. But one should not discount material well-being as an important factor in family stability, and therefore confidence in the future of each “cell” of society, says Nunufar Gevorgyan, chairman of the Women’s Public Union. – As for the age of marriage, in various countries this qualification is regulated by local legislation. There is no point in subsuming your own traditions under someone else’s mentality, because love cannot be prohibited by a decree “from above.” But over time, with the solution of many social problems in Armenia, marriages will also be concluded on the wedding day not only in heaven, but also in registry offices. Although I am sure that even today every bride wants to become a legal wife not only before God, but also the law on the happiest day of her life.”

Natalia Oganova

^ Kirilenko V. P., Andreeva E. S.

§ From tradition to law:

I formation of family law in Armenia

™ Kirilenko Viktor Petrovich

sch North-Western Institute of Management - branch of RANEPA (St. Petersburg)

^ Head of the Department of International and Humanitarian Law

sh Doctor of Law, Professor

About Honored Lawyer Russian Federation [email protected]

Andreeva Ekaterina Sergeevna

St. Petersburg State University, Faculty of Oriental Studies First year Master's student

Yerevan State University, Faculty of Oriental Studies (Yerevan, Republic of Armenia)

First year master's student

[email protected]

The article examines the history of the formation of family law of the Republic of Armenia as a result of the development of customary law. Customary family law originates from canon law. An analysis of the norms of family law enshrined in the sources of ancient Armenia is carried out.

KEYWORDS

family law, canon law, custom, family

Kirilenko V. P., Andreeva E. S. From Tradition to Law: Establishment of Family Law of Armenia

Kirilenko Viktor Petrovich

North-West Institute of Management - branch of the Russian Presidential Academy of National Economy and Public

Administration (Saint-Petersburg, Russian Federation)

Head of the Chair of International and Humanitarian Law

Doctor of Science (Jurisprudence), Professor

Honored Lawyer of Russia

Andreeva Ekaterina Sergeevna

Saint Petersburg State University, Faculty of Asian and African studies (Saint Petersburg, Russian Federation) Master of I year

Yerevan State University, Faculty of Oriental Studies University (Erevan, Republic of Armenia)

Master of I year

[email protected]

The article examines the history of the formation of the family law of the Republic of Armenia as a result of the development of customary law. The origins of the usual family law stems from canon law. Rules of family law, enshrined from the sources of ancient Armenian law, are studied.

family law, canon law, custom, family

The family is a social mini-institution of society, its basis: both moral and spiritual. In Art. 32 of the Constitution of the Republic of Armenia states: “The family is the natural and basic unit of society. Family, motherhood and childhood are under the care and protection of society and the state.”

Family relations are regulated by a special branch of law - family law. The legal basis of family law of the Republic of Armenia is the Family Code of the Republic of Armenia dated November 9, 20041. However, this legal act regulates only basic family relationships that are of a legal nature. £ At the same time, it should be noted that family relationships, in general, are much broader than just their legal component. °

Family law is generally a codification legal custom on - about childbirth. Along with this, for the legal custom itself, the source is considered to be family customs, norms of morality, morality, and, of course, religious norms.

Moreover: it is necessary to note the importance of moral and religious precepts, which were reflected in the sources of Armenian law and influenced the formation of legal principles, including family law.

The foundations for regulating family relations in Armenia began to form many centuries ago. Initially, the consolidation of these relations did not have a written form; In many ways, modern family relationships reflect those norms that have developed over centuries and exist more in the form of traditions and rituals than in the form of family law norms.

Family relations in Armenia are an area that the Church has always tried to control, because it was she who carried out the registration of marriages, divorces, etc. Already in the first legal codes, entire chapters were devoted to the regulation of family relations.

Armenia adopted Christianity quite early: as is commonly believed, in 301. Traditions in family relationships have developed among the peoples of Armenia for centuries. The overwhelming number of Armenians are Christians. These people fought for the freedom of their religion for many centuries and managed to preserve their religion, although some rules of law also penetrated from other religions. Undoubtedly, the regulation of family relations also reflected cults that arose even before the adoption of Christianity by the Armenians.

Despite the fact that modern relations are regulated by the rules of law, it is worth noting that one, and the most ancient, source of any law is custom. As Romanovskaya V.B. and Petikyan S.G. rightly write, the sources of medieval Armenian law are a reflection of the historical conditions in which the Armenian people lived and fought for self-preservation, for their spiritual culture and language. The medieval monuments of Armenian law (with the exception of the “Conciliar (General) Epistle” of Nerses Shnorali and the Code of Law of Smbat Sparapet) were adopted in the absence of statehood in Armenia, as a result of which the Armenian Apostolic Church played a decisive role in regulating public relations, forming the norms of Armenian medieval law.

The sources of law in Cilician Armenia were common law, the Mosaic laws and the Talmud, the Syrian-Roman code of law, Byzantine laws, the Assizes of Antioch, letters of grant and other orders of the kings, treaties with foreign states and companies, church canons, the Epistle of Nerses Shnorali, the Charter of Sis. cathedral of 1243, codes of law of David, Mkhitar Gosh and Smbat Sparapet (Gundstable).

Until their own codes of law were written, Armenia used the collections of laws of other countries: for example, Byzantium. One of the most important roles was played by the Assisi of Antioch. This Collection consists of two parts, the second of which is entirely devoted to the relationships of the townspeople. The norms of this part

1 ¿ш^ытш"иьш"иршшчт^^ш"and о"иш"иб^ш"and орьидьррр. SippiTs^ t 09.11.2004 [Family Code of the Republic of Armenia dated November 9, 2004] [Electronic resource] // Official website of the Parliament of the Republic of Armenia. Ш_: И11:р://\м\м\м.rag!1ап1:.ат/!ed18!а1:1op.рь|р?8е!= 8уш&У=2124&!ад=агт&епс=1^8 (date of access : 30.03.2014).

s regulated marital and family relations, especially property relations, and established the procedure for drawing up a will. A number of rules regulated the purchase and sale of family property, rental of houses, mortgage of property, internal and external trade, banker’s trading operations, relations between debtor and creditor; ^ finally, other norms were devoted to criminal law [ibid., p. 172]. Based on the norms of this Collection of Laws, subsequently, in the middle of the 13th century, Smbat co-created his Code of Law, which became the main code of Armenia [ibid., p. 173].

The Mosaic Laws are another source of law in Armenia. The Armenian Church, applying these laws to regulate social (secular) relations, gave them its religious sanction, thereby strengthening its political and socio-economic dominance. As you know, the Mosaic laws contain norms of both marriage and family law, as well as civil and criminal law. These norms became an integral part of Armenian canon law [ibid., p. 168]. “If the Mosaic laws (especially the books of Exodus and Deuteronomy) were received by translating the Bible, then their revised version, which arose in the 4th-5th centuries in the Jewish “colonies” of Western Asia, including Arabia and became known as the Talmud - penetrated into Armenia through Sharia around the 7th century. Here we note that Sharia - the system of Muslim law - became a source for Armenian legal codes only insofar as it contained the norms of the Mosaic laws, as Mkhitar Gosh pointed out.”

Separately, it is worth highlighting the regulations issued by the kings and treaties with other countries. Many charters granted to various segments of the population have been preserved, which also represent historical and legal value.

Canons as sources of law appeared in Armenia by the end of the 6th century. Initially, they were moral teachings of a religious nature. Gradually, the canons began to concern various spheres of human life and acquired legal significance. In the 5th century The Church in Armenia concentrated both judicial and legislative activities in its hands. According to the fair remark of A. Sukiasyan, “national church” councils issued mandatory norms - canons, which regulated not only the internal relations of the church and clergy, but also marriage and family relations of the entire population.

The first collection of canons appeared in Armenia in the 6th century. Then, over the course of several centuries, it was supplemented. By the time of the formation of the Cilician Armenian state, there were already several dozen statutes that acted as recognized sources of law and formed the basis of the legal codes of Mkhitar Gosh and Smbat Sparapet (Gundstable) [ibid., p. 177].

In the famous work of Nerses Shnorali (Blagodatny)1 “Message”, which has great scientific and historical value, the norms of behavior of all segments of the population of Armenia are recorded. It is interesting to note that this “Message” is written in the form of instructions. It also reflects the norms of family law. The “Message” establishes the minimum age for those entering into marriage (15 years for men and 12 for women), and secret weddings are prohibited [ibid.].

The first Armenian code containing both church canons and secular laws was the Law Code of David. The Code of Law consists of 97 chapters, which set out the norms of marriage, family, civil and criminal law. According to S. G. Petikyan, the Code of Law of David, son of Alavik, regulating marriage and family relations, provided for the purpose of marriage, and also determined that the basis for social maturity, which allows creating a family, is a moral criterion. The source of law established legal norms regulating sanitary and hygienic issues.

1 Nerses Shnorali (Gracious) - Catholicos of Armenia; ascended the throne in 1166

The Code of Law of Mkhitar Gosh also played an important legal role. This Code of Law was written in ancient Armenian, but for many residents of Armenia this language had become incomprehensible by that time, so already in the middle of the 13th century. the text of the Sudebnik needed revision. The famous Armenian statesman, diplomat, lawyer and historian Smbat Sparapet in 1265 compiled a new collection of laws, which “is a reliable reflection of Armenian customary law and therefore is the most important source for the study of Armenian law.” ^

The basis was taken from the norms of Armenian customary law, the Code of Laws of Mkhitar Sh Gosh, as well as some foreign regulations. Smbat wrote: “...taking the core, I outlined them briefly” [ibid., p. 198]. Indeed: he often changed laws, giving them a different shade, and shortened the text. The Code of Law of Smbat contains 177 articles. The rules of law are arranged in the following order: state and administrative law (Articles 1-3, 70-71, etc.), church law (Articles 8-17, 21-39, 51-66, etc.), civil law ( Art. 96-114, etc.), pledge and mortgage law (Art. 99-104), marriage and family law (Art. 72-98, etc.), inheritance law (Art. 94-96, 113-114) , obligations from torts and criminal law (Articles 1-10, 119-177, etc.), judicial law (Articles 1, 48, 49, 61, 71, 79, 112, etc.), commercial law (Article 106-112, etc.), slaveholding and serfdom (Article 18, 115-118) [ibid., p. 197].

S. G. Petikyan rightly draws attention to the fact that, systematizing the norms of family law, Smbat Sparapet dwells in detail on the grounds for divorce, the protection of the rights of women with disabilities, and the possibility of inheritance by right of representation.

The structure of the state and society was based on the religious beliefs of the people. On the basis of religious ideas, religious norms are formed as one of the varieties of social norms. Rules of law are another type of social norms. Both legal and religious norms together lay the foundation for the behavior of society. The basis of interaction between law and religion is the affirmation of moral values ​​[ibid.].

The norms of family law were largely formed under the influence of Orthodox customs and traditions. Marriage and family are rightfully basic social institutions.

The relationship between the state and the Church has taken place at all times. In some historical periods, the Church and the state did not interfere in each other’s affairs (under the Roman emperors Octavian and Tiberius), and in others they were legal and public partners (tsarist Russia, royal France, Spain); it happened that they were in fierce antagonism.

It should be noted that monogamous marriage is enshrined in Armenia. Christianity opposes polygamy, which is enshrined in various church canons and is reflected in modern legislation. When getting married, it is customary to observe various traditions and rituals.

The age of those entering into marriage was not clearly established. According to the general norm, marriage could be entered into “once the future spouses reach maturity.” But there were cases when, due to the death of parents (or for some other reasons), a young man or girl got married in a very early age: due to the fact that one of them could not manage the household independently. The norms of that time established that “ard part e kaanayin nah knnel ev entrel kanonok zpesain ev zarsn, zi mi litsin<...>annmank mimefine, vorpes te kois and airvoy kam manuk and parovoy" (“the priest must investigate and establish that there is no dissimilarity between the bride and groom<. >so that a girl does not marry a widower, and a young man does not marry an old woman").

з In the Council Message of Nerses Shnorali it was said: “Mi ev thayotz anmekhats ehaks azakhutean hai yeni tsarannayits, zi bazum vnask linin yainmane ev patchar bazhanman 0 yeto "and mimeants. ail zhamanak psaki e zarganal aruthean hasaki, "and khnketasanin amatsn £ yru mn, arn ev yerkotasanin kam evs aravel knojn...” (“Let none of the priests, out of self-interest for the paternal inheritance or for any other reasons, crown innocent boys, since this causes great harm and this will happen in the future the reason for the breakup. And the age of marriage occurs with the development of manhood: for men at fifteen years of age, and for women at twelve years of age or even more"). The husband must be older than his wife in age, for first Adam was created, and then Eve. The age of a man for marriage was slightly reduced by the decree of the council convened in 1243 in Sis by Catholicos Constantine I. The seventh article of this decree states that “the groom should not be younger than 14 years, and the bride 12 years old.”

At the same time, it is worth noting that in the work of the great Armenian poet Hovhannes Tumanyan “Maro” the girl getting married was only 9 years old. Thus, Tumanyan writes: “Fat er Maron, durekan, nor er inne tarekan.”

In addition, for marriage, the consent of the parents of those getting married was required. Basically, only the father's word had power - while the woman's desire was secondary. This provision existed in the resolution of the Vagharshapat Council (convened by Gregory the Illuminator in 325). It said that “Ete vok zakht psak dne psakadirn lutskhi” (“If someone gets married secretly, then such a marriage breaks up”). This provision was preserved in subsequent regulations.

Thus, the seventh article of the Council Resolution of 447 said: “Apa ete eretz vok zakht psak ed arants khor ev mor akhchkann, eretzn zkahanayutin mi Ishkhestsi varel ev 100 dram tusanische karotelots ev psakn anvever ekhitsi” (“If one of the priests secretly performs a wedding without the consent of the girl’s father and mother, then let such a priest no longer dare to officiate and let him pay a fine of 100 drams in favor of the poor, and let the marriage be invalid”) [ibid., p. 62; ibid.].

As S.P. Zelinsky rightly notes, among the common people, parental consent to marriage was considered one of the essential conditions for marriage. People considered marriage without parental consent, especially on the part of the girl, to be the greatest disobedience and sin. There was a ritual according to which the local elder, as a sign of consent, gives the groom's father a rosary, which is presented to the priest. Without this, the wedding ceremony would not take place.

Currently, the legislation of the Republic of Armenia does not contain provisions on the need for parental consent for marriage, but this has been preserved as a tradition. Until now, many couples do not marry without obtaining parental consent. Girls are afraid of their mother's curse (this curse is considered the most terrible) and believe that it will be passed on from generation to generation.

The consent of the spouses is the next and integral important element of marriage. It was customary among the residents of Armenia that fathers themselves selected grooms and brides for their children and influenced the opinions of their sons and daughters with their authority. Often the marriage was concluded against the will of the spouses themselves. At the same time, the Church did not recognize a marriage concluded without the consent of the bride and groom. According to church norms, this consent must be expressed both during betrothal and wedding.

The canons of Saint Sahak, compiled at a church council in 426, said: “Knneshin zgushuteamb zi mi hardahutin inch kam brnutiun tsnokhats" and psakel vordo noha" (“Investigate carefully so that there is no abuse or coercion on the part of parents when wedding of their children") [ibid., p. 52]. Currently, the consent of both parties is one of the most important aspects provided for by the Family Code of the Republic of Armenia.

In the traditions of the Armenian people, there was a common rule prohibiting marriage between relatives. The absence of kinship between those entering into marriage is of great importance both morally and socially. physiological points vision. § Nerses Shnorali, who ascended the throne in 365, prohibited marriage between close relatives. The article of the resolution of the church council of 447 states: ^ “Zkoir kam zkerordi, kam zekhbayrordi, kam zhorakuyr, kam zail vok yazgakane ° hrun minchev “and chorord tsnund kin arnul mi ishkheotsi” (“No one dares to marry a relative, a sister , on the daughter of a sister or brother, or on the sister of the father, or ^ on one of his relatives until the fourth birth") [ibid., p. 17; w ibid.]. A little later, the resolution of the church council was enshrined in the following position: “ ... as for marrying relatives up to the fifth generation, you don’t dare” [ibid., p. 65; ibid.].

It should be noted that, despite the exhaustive list of relatives, the resolutions of the church council do not prohibit marriage with collateral relatives and between “consanguineous relatives.”

The Church allowed consanguineous marriages between blood relatives in the fifth generation. Shaapivan canons prohibited marriages between close relatives up to the fourth generation.

The Code of Law of Mkhitar Gosh speaks of the prohibition of marriage between blood relatives up to the fourth generation. The custom of prohibiting marriage with close relatives remains in force today. Art. 16 of the Code on Marriage and Family of the Armenian SSR stated: “Marriage between relatives in a direct ascending and descending line, between full and half brothers and sisters, as well as between adoptive parents and adopted children is not allowed.” In the Family Code of the Republic of Armenia, in Art. 11, contains the following provision: “Marriage between<. >close relatives (relatives in a direct ascending and descending line - parents and children, grandfather, grandmother and grandchildren, as well as relatives who have a common father or mother, brothers and sisters, children of a sister, mother’s brother and father).”

It should also be noted that there were other important traditions that were present and reflected in laws or customs.

According to canonical norms, betrothal was considered the beginning of a marriage or a “half-marriage.” “Giteli e, vor nshann e skizbn psaki, zi zor orinak nah tsarn tsakhki ev apa pakhaberi, noynpes pesan ev harsn, nakh tsakhkin nshanav ev apa pakhaberin psa-kav<...>Matanin, etnal "and chorord matin, (vor ni zerak srti) huhane, te harsn srtiv havanetsav pesayin. aparanjann "and zern huhane, te dzerok kapetsav "and khnazandutyun arn. kindn hukhane, te akanjok luav ev mtok havanetsav, karmir sharn ev kohn nshanaken, te chchmartapes khars na nah avmankann voron nshnetsa" (“Let it be known that learning is the beginning of the crown, just as, for example, first a tree blooms and then bears fruit, so the bride and groom first bloom with betrothal, and then bear fruit wedding<. >The ring worn on the fourth finger of the bride (which contains the vein of the heart) shows that she has recognized the groom with her heart, the bracelet on her hand shows that she has bound herself to obedience to the groom, the earrings mean that she has heard with her ears and approved with her mind, a red ball and veil mean that she really became the bride of the young man to whom she became engaged").

Betrothal was considered a very important element in a marriage, and if the betrothal did not take place, both families were considered disgraced. The most common form of betrothal was the ceremony of putting a ring on the bride's finger, which could only be done after the consent of the parents: both the bride and the groom.

It is interesting to note that there were often cases when parents agreed on marriage between their children when they were still infancy.

h In this case, an incision was made on the cradle of the future bride by the groom's father. In certain regions of Armenia, there were other traditional forms of weddings. 0 A few months after the engagement, the wedding itself took place. £ The holiday lasted 5-6 days. There were cases when the marriage took place several months before the wedding. In this case, the bride had to remain living in her parents’ house and remained inviolable until the church wedding. o According to church canons, it was believed that the wedding should take place in the church, but in a number of areas this ceremony could take place over the hearth (or tundir). sh This form of marriage was also used for the wedding of blood relatives, widows, and those who could not get married in church. Over time, this form of marriage became less and less common, and currently this tradition is not followed in Armenia.

The rules of divorce were also clearly defined in the church canons. A marriage could be dissolved if the spouses were married against their will or if one of them committed adultery. The population did not approve of divorce. The prevailing opinion among residents was that a woman, being the wife of an Armenian man, would not dare to raise the issue of divorce, even if the husband was absent for several years in a row. They also believed that it would be easier for a husband to kill his offending wife than to “disgrace himself” by asking for a divorce.

There were others interesting rituals, preceding marriage. For example, it was a common custom among peasants to pay a girl’s parents upon marriage. Girls were not given money or property when they married: instead, she received various things - for example, jewelry, coins, dishes, carpets, blankets, pillows and other various items that could be useful to her in everyday life.

There was a custom among the population that the father was considered the head of the Armenian family. He managed all the property: both that which he earned himself and that left over from previous generations. He, at his own request, could not leave an inheritance to his son. However, having such rights, he bore full responsibility for the family. So, he was responsible for the misdeeds of all family members. He could punish his son at his own request, he could kick him out of the house, he could take any measures. At the same time, it was the father who was responsible for all contracts concluded by his son, including for material damage caused by him. The father did not have the right to refuse compensation for damage, explaining that the actions were committed without his knowledge.

Over time, the father transfers part of his powers to the eldest son. However, there was a custom that, despite the power gained, the son could not perform any important actions without consulting his father.

After the death of the head of the family, all power passed to the eldest son, after the death of the eldest son - to the second eldest, etc. But in this case, the new head of the family did not enjoy the same rights as the previous one. He did not have all the rights enjoyed by the previous head of the family, especially in matters of property and inheritance.

A will was very rarely made in writing. Most often, their will was expressed orally in the presence of witnesses and a priest. The execution of a will was considered sacred. According to the residents of Armenia, if someone does not follow the will, he will never be happy and “will be subject to terrible responsibility on the day of the Last Judgment.” The testator could not bequeath the inheritance to strangers if there were direct heirs. Only male persons could be heirs. If there were no men among the possible heirs, the property was divided between women.

In Ancient Armenia, divorce was prohibited for men after the birth of children, which, in a certain way, protected the woman. In addition, a woman could

remarry if left a widow. Men who left their wives without grounds for divorce were subject to punishment: a fine and church punishment - seven years of penance. 0

Adultery was punished very seriously. In almost all ancient sources of law, a woman faced the death penalty for adultery. Only the Code of Laws of Lipit-Ishtar stipulated the possibility of a husband to have mercy on his wife. This norm was reflected in the Hittite Code of Laws and in the “Code Code” of Smbat Spara-o-pet. ^

Many customary norms are reflected in modern legislation. Ш Many of those norms that were not reflected in writing remained in the form of traditions and rituals. For example, in modern legal norms there is no provision for a dowry, but still this tradition has remained in the life of the Armenian people.

Thus, despite the fact that the Republic of Armenia is currently a secular state, family law, on the one hand, is actively developing towards establishing legal standards consistent with the principle of respect for human rights, and on the other hand, it retains conservative features, defined by the norms of the Armenian canon law.

Literature

1. Girk mets Mashtotsoy kochetseloy = Book called Great Mashtots. 1807. P. 229. Cited. by: Zelinsky S.P. Folk legal customs among the Armenians of the Transcaucasian region. Tiflis, 1899. Translation by the author.

2. Patmutiyn zhokhovots hayastaneayts ekekhetsvoi = History of the cathedrals of the Armenian Church. 1874. P. 63. Cited. by: Zelinsky S.P. Folk legal customs among the Armenians of the Transcaucasian region. Tiflis, 1899. Translation by the author.

3. To the class of priests // Endanrakan Tukhtk = Cathedral Epistle / Arboin Nersisi Shnorhaloin. 1871. P. 62. Cited. by: Zelinsky S.P. Folk legal customs among the Armenians of the Transcaucasian region. Tiflis, 1899. Translation by the author.

4. Aleshina O. V. The influence of Orthodox customs on family legal relations in the sphere of marriage. M., 2009.

5. Introduction. Chapter X // Armenian law book by Mkhitar Gosh / trans. A. A. Papovyan. Yerevan, 1954.

6. Zelinsky S.P. Folk legal customs among the Armenians of the Transcaucasian region // Caucasus. Tiflis. 1900. No. 50. P. 15.

7. Karapetyan E. T. Kinship group “azg” among Armenians. Yerevan, 1966. P. 68.

8. Code on Marriage and Family of the Armenian Soviet Socialist Republic. Yerevan, 1969. P. 18.

9. Lyubich A. A. Legal aspects of the institution of church marriage: collection. report St. Michael's readings. Minsk, 2006. pp. 1-2.

10. Petikyan S. G. Evolution of sources of Armenian law from ancient times to the middle of the 19th century: abstract. dis. ...cand. Sci. N. Novgorod, 2011.

11. Romanovskaya V. B., Petikyan S. G. Crimes against marriage and family in the sources of medieval Armenian law [Electronic resource] Ш_: http://edu.tltsu.ru/sites/sites_content/site1238/html/media71251/Romanovskaya1 .pdf (date of access: 30.03.2014).

12. St. Nerses the Gracious (Nerses Shnorali). District message. Theological Center “Gandzasar”, 1991. 124 p. (in Armenian).

13. Code of Law of Smbat Sparapet / trans. from Central Armenian; edited by A. Abrahamyan. Yerevan, 1971. P. 24.

14. Sukiasyan A. History of the Cilician Armenian state and law of the 11th-14th centuries. Yerevan, 1969. P. 167.

1. Girq mets Mashtots kochetseloy = The book, called Big Mashtots. 1807. pp. 229. Quoted from: Zelinsky S. P. People's legal traditions of the Armenians

of the Transcaucasian region. Tiflis, 1899. Translation website.

Patmutiun zhohovots hayastaneayts ekehetsvoy = History of the Armenian Church cathedrals. 1874. P. 63. Quoted from: Zelinsky S. P. People's legal traditions of the Armenians of the Transcaucasian region. Tiflis, 1899. Translation website.

To the order of priest // Endhanrakan Tuhtk = Epistle / Arboyn Nersisi Shnorhaloyn. 1871. P. 62. Quoted from: Zelinsky S. P. People's legal traditions of the Armenians of the Transcaucasian region. Tiflis, 1899. Translation website.

Aleshina O. V. Influence of Orthodox traditions on family relations in the field of marriage. M., 2009. Introduction. Chapter X // Armenian sudebnik Mkhitar Gosh / transl. A. A. Papovjana Yerevan, 1954. P. 27. Zelinsky S. G People's legal traditions of the Armenians of the Transcaucasian region // Caucasus. Tiflis. 1900. N 50. P. 15.

Karapetyan E. T. Sister group "AZG" Armenians. Yerevan, 1966. P. 68.

Code on Marriage and Family of the Armenian Soviet Socialist Republic. Yerevan, 1969. P. 18. Lubich A. A. Legal aspects of a marriage institution: collection of reports St. Michael readings. Minsk, 2006. Pp. 1-2.

Petikyan S. G. Evolution of the Armenian sources right from ancient times to the middle of the XIX century: thesis abstract dissertation. N. Novgorod, 2011.

Romanovskaya V. B., Petikyan S. G. Crimes against marriage and family in medieval Armenian sources of law. URL: http://edu.tltsu.ru/sites/sites_content/site1238/html/me-dia71251/Romanovskaya1.pdf.

St. Nerses Gracious (Nerses the Graceful). Encyclical Letter. Theological Center "Gandzasar", 1991. 124 p. (in Armenian). Sudebnik Smbat Sparapet / transl. from srednearmyanskogo ; edited by A. Abrahamyan. Yerevan, 1971. P. 24.

Sukiasyan A. History of Cilicia of the Armenian state and XI-XIV centuries rights. Yerevan, 1969. P. 167.

2004-12-09T14:49+0300

2008-06-06T13:59+0400

https://site/20041209/756187.html

https://cdn22.img..png

RIA News

https://cdn22.img..png

RIA News

https://cdn22.img..png

The President of Armenia signed the Family Code of the Republic

YEREVAN, November 9 - RIA Novosti, Hamlet Matevosyan. President of Armenia Robert Kocharyan signed the Family Code of the Republic, adopted by the National Assembly in November of this year. As reported to RIA Novosti in the press service of the head of the Armenian state, the document regulates property and non-property relations between family members, and also establishes the forms and procedure for placing children left without parental care into the family. Only a marriage registered by the civil registry office is recognized as legal, and to enter into a marriage, the mutual voluntary consent of a man and woman who have reached the age of marriage (17 years for women and 18 for men) is required. In addition, the law establishes that a medical examination of citizens entering into marriage is carried out at their request, and its results are a medical secret. At the same time, if one of the spouses, at the time of marriage registration, hides the fact that he has certain diseases, including AIDS, substance abuse,...

YEREVAN, November 9 - RIA Novosti, Hamlet Matevosyan. President of Armenia Robert Kocharyan signed the Family Code of the Republic, adopted by the National Assembly in November of this year.

As reported to RIA Novosti in the press service of the head of the Armenian state, the document regulates property and non-property relations between family members, and also establishes the forms and procedure for placing children left without parental care into the family.

Only a marriage registered by the civil registry office is recognized as legal, and to enter into a marriage, the mutual voluntary consent of a man and woman who have reached the age of marriage (17 years for women and 18 for men) is required.

In addition, the law establishes that a medical examination of citizens entering into marriage is carried out at their request, and its results are a medical secret. At the same time, if one of the spouses, at the time of registering the marriage, hides the fact that he has certain diseases, including AIDS, substance abuse, drug addiction or mental illness, then the second spouse can go to court to have the marriage declared invalid.

The document states that all property and non-property relations are regulated by the Civil Code, since its provisions do not contradict the essence of family relations recorded by the Family Code.

When concluding a marriage, a corresponding agreement is signed, which is certified by a notary.

Separate chapters of the law are devoted to the alimony obligations of family members, the upbringing of children left without parental care, the procedure for adoption, as well as the application of the Family Code to family relations involving foreign citizens and stateless persons.