Weekly Client Alert # 25

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Parliament Bills

 

Use of Property of Individuals and Legal Entities During Military Situation

The legislative draft on additions to the RA Law "On the legal regime of the military situation" envisages the use of the property of individuals and legal entities for solving problems arising from military situation, with the exception of money, securities and property rights, if the corresponding property owned by the state is insufficient.

The property shall be returned to its rightful possessor in the event of the elimination of the need to use the property and in the event of an opportunity to return the property, but not later than the 45th day after the cessation of the military situation.

In case of impossibility to return the property, on the basis of the application of its rightful owner, adequate compensation shall be provided in accordance with the procedure, terms and the amount established by the Government.

If the property is returned damaged or a lost benefit arises as a result of the use of the property, adequate compensation shall be provided on the basis of the application of the rightful owner of the property, in accordance with the procedure, terms and amount established by the Government.

The bill has been adopted by the National Assembly of the Republic of Armenia in the second reading.

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Amendments to the Criminal Code

According to the amendments to the Criminal Code of RA the sanctions on a number of crimes committed during the military situation and war are being tightened, in particular:

Voluntary leaving the place of service by an alternative service employee (Article 3271) instead of 3-8 years of imprisonment is envisaged of 6-12 years,

Avoiding service by an alternative service employee (Article 3272) - instead of 6-12 years of imprisonment is envisaged of 8-15 years,

Avoiding appearing to a military commissariat after serving a sentence of imprisonment (Article 3275) - instead of a maximum of 1 year of imprisonment, a maximum of 3 years is envisaged,

Illegal entry into a military unit or another specially guarded military area (Article 3276) is envisaged for 5-10 years instead of 5-8 years of imprisonment.

Avoiding compulsory military service or paying taxes during the war (Article 328) instead of a maximum of 4 years of imprisonment is envisaged - 1-5 years,

Failure to comply with the order (Article 356) - instead of 5-15 years of imprisonment is envisaged - 8-15 years,

Voluntary leaving the military unit or place of service (Article 361) instead of 3-8 years of imprisonment is envisaged for 6-12 years,

Desertion (Article 362) - instead of 6-12 years of imprisonment is envisaged - 8-15 years.

The bill has been adopted by the National Assembly of the Republic of Armenia in the second reading.

Find more here