Armenia

Article 35 

The family is the natural and fundamental cell of the society. A woman and a man of marriageable age shall have the right to marry and to create a family in the free expression of their will. They are entitled to equal rights as during the engagement, marriage and divorce.  It shall be prohibited to dismiss an employee on grounds related to motherhood.  Every female employee, in the case of pregnancy and childbirth, shall be entitled to the right for paid maternity leave and the right of parental leave following the birth or adoption of a child. 

Armenia Constitution 1995 (2005) (English) PDF. 

Article 131. Kidnapping. 

1. The recruitment, transportation, transfer, harboring, or receipt of persons by means of the threat or use of force, of kidnapping, of fraud, of other deception, of the abuse of power or of a position of vulnerability or bribing to achieve the consent of a person having control over another person, for the purpose of prostitution or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of human organs, is punished with imprisonment for the term of 2 to 5 years.
2. The same action committed:

1) by a group of persons with prior agreement; 

2) by using violence dangerous for life or health or threat of using violence; 

3) by using weapons or items used as weapons; 

4) against a minor; 

5) against a pregnant woman; 

6) against two or more persons; 

7) with mercenary motives, 

8) by a person previously convicted for kidnapping, is punished with imprisonment for the term of 4 to 8 years. 

3. The act envisaged in part 1 or 2 of this Article, if:

1) it was done by an organized group; 

2) by negligence the death of the aggrieved was caused or other grave consequences, or grave damage was inflicted to his health, is punished with imprisonment for the term of 7 to 10 years.  

 Article 132. Trafficking  

1. Recruitment, transportation, transfer, harboring, or receipt of persons for the purpose of sexual exploitation or forced labor, by means of the threat or use of force, of fraud, of using the dependence, of blackmail, of threat of destruction or damage to property, if this was done for mercenary purposes, is punished with a fine in the amount of 300 to 500 minimal salaries, or correctional labor for up to 1 year, or arrest for up to 2 months, or imprisonment for the term of 1 to 4 years. 
2. The same act committed:

1) by a group of persons with prior agreement; 

2) with violence dangerous for life or health, or threat thereof; 

3) against a minor; 

4) against 2 or more persons; 

is punished with correctional labour for up to 2 years, or imprisonment for up to 4 to 7 years. 

3. Actions envisaged in parts 1 or 2 of this Article, which:  

1) were done by an organized group;   

2) caused the death of the aggrieved by negligence or other grave consequences, is punished with imprisonment for 5 to 8 years.

Armenia Criminal Code 2003 (English) PDF.   

Article 24 The Dispositive Capacity of a Citizen 

1.The capacity of a citizen by his actions to acquire and exercise civil law rights, to create for himself civil law duties and to fulfill them (civil law dispositive capacity) arises in full with the attainment of majority, i.e., on the attainment of the age of eighteen. 

2.A minor who has attained the age of sixteen may be declared of full dispositive capacity if he works under a labor contract or, with the agreement of his parents, adoptive parents, or curator, conducts entrepreneurial activity. 

The declaration of a minor as of full dispositive capacity (emancipation) is made by decision of the agency of guardianship and curatorship – with the consent of both parents, the adoptive parents, or the curator or, in the absence of such consent, by decision of the court. 

The parents, adoptive parents, and curator do not bear liability for the obligations of a minor declared of full dispositive capacity, in particular for obligations arising as the result of his causing harm. 

3.In the case when a statute allows entry into marriage before attaining the age of eighteen, a citizen, who has not attained the age of eighteen, acquires dispositive capacity in full from the time of entry into marriage. 

Dispositive capacity acquired as the result of conclusion of marriage is retained in full also in case of dissolution of the marriage before attaining the age of eighteen. 

In case of declaration of a marriage as invalid, the court my adopt a decision on the loss by the minor spouse of full dispositive capacity from a time determined by the court. 

 Article 42 Termination of Guardianship and Curatorship 

1.Guardianship and curatorship over adult citizens shall be terminated in case a court has rendered a decision to recognize the ward as having dispositive capacity or to terminate limitations upon his dispositive capacity upon petition of the guardian, curator, or agency of guardianship and curatorship. 

2.Upon attainment by an infant of the age of fourteen years, guardianship over him shall be terminated, and the citizen conducting the duties of guardian becomes curator of the minor without a further decision to this effect. 

3.Curatorship over a minor shall be terminated without a special decision upon the minor ward attaining the age of eighteen years, and also upon his entry into marriage and in other cases of his acquiring  full dispositive capacity before attaining majority (Paragraph 2 and 3 of Article 24). 

 Article 201 Common Ownership by Spouses 

1.Property gotten by spouses during marriage is in their joint ownership unless a contract between them establishes otherwise. 

2.Property that belonged to each of the spouses before entry into marriage and also property acquired by one of the spouses during marriage by gift or by way of inheritance is in this spouse’s ownership. 

Property for individual use (clothing, shoes, etc.), with the exception of jewelry and other items of luxury, although acquired  during marriage at the expense of the general assets of the spouses, shall be recognized as owned by the spouse that used them. 

The property of each of the spouses may be recognized as in their joint ownership if it is established that during marriage, at the expense of the common property of the spouses or the personal property of the other spouse investments were made that significantly increased the value of this property (major repair, reconstruction, reequipment, etc.). The present rule shall not be applied if a contract between the spouses provides otherwise. 

3.For obligations of one of the spouses execution may be levied on property that is in his ownership and also on his ownership share in the common property of the spouses. 

 Article 1194 The Right to a Compulsory Ownership Share in the Inheritance 

1.A compulsory ownership share is the right of an heir to inherit, regardless of the content of the will, not less than half of the ownership share which would have been allotted to him in case of inheritance by statute. 

2.At the time of opening the inheritance minor children of the testator and also children, the spouse, and the parents of the testator who have been recognized by the procedure established by statute as disabled or lacking dispositive capacity or have attained the age of 60 have the right to a compulsory ownership share. 

3.Toward the compulsory ownership share shall be counted all that the heir having the right to such an ownership share receives from the inheritance on any basis, including the value of a testamentary charge established for the benefit of such an heir. 

Article 1 Major principles of family legislation 

1. Family, maternity, paternity and childhood are under the safeguard and protection of the society and the state in the Republic of Armenia.

The state guarantees the primary protection of children’s rights.  The family legislation proceeds from the requirement of family strengthening, building of family relations on the basis of mutual love and respect, the mutual assistance and responsibility of all the family members, inadmission of self-willed interference into the family’s issues, provision of free realization of family members’ rights, necessity of judicial protection of these rights. 

2. Only the marriage registered in Civic Status Registration Department is recognized lawful.
3. Men and women enjoy equal rights at the moment of marriage conclusion, during the marriage and in case of marriage cancellation.
4. Legal regulation of family relations is realized in accordance with the principles of free will of a man’s and woman’s marital union, the equality of spouses’ rights in family, solution of family issues by mutual consent, taking care about mutual well-being, primary provision of the rights and best interests of minor and incapable family members.
5. Any restriction of citizens’ rights on the basis of social status, race, nationality, language or religion during marriage conclusion and in family relations is prohibited.

The rights of the citizens during marriage conclusion and in family relations may be restricted only by law and to the extent of necessary protection of persons’ reputation and dignity, as well as health, freedom, rights and lawful interests of family members and other persons. 

 Article 10 Conditions of marriage conclusion 

1. The mutual voluntary consent of a man and a woman and the marital age of them (17 for women and 18 for men) are necessary for marriage conclusion.
2. The conclusion of marriage under the circumstances stipulated by Article 11 of the given Code is prohibited.

 Article 13 The grounds for marriage cancellation 

1. The marriage is cancelled as a result of the death of one of the spouses or his/her recognition dead by court.
2. The marriage may be cancelled by divorce on the basis of the application of the spouses or one of the spouses, as well as on the basis of the application of the guardian of the spouse recognized incapable by court.
3. Without the consent of the wife the husband is forbidden to submit application for divorce during the pregnancy of the wife.

 Article 20 Recognition of the marriage invalid 

1. The marriage is recognized invalid by court.
2. The marriage concluded with the barrier conditions stipulated by Articles 10,

11 and Provision 3, Article 12 of the given Code is recognized invalid, as well as the marriage in case of which the spouses or one of them registered the marriage without an intention to make a family (false marriage). 

3. Within three days after the entry into force of the court verdict on recognition of the marriage invalid the court is obliged to send the extract of the verdict to the Civic Status Registration Department of the state registration of the marriage.
4. The marriage is considered invalid after the state registration.

 Article 21 Persons who have right to present requirements to recognize the marriage invalid 

Persons who have the right to submit an application for recognition of the marriage invalid: 

1. a) a minor spouse, his/her parents (authorized representatives), departments of custody and guardianship, if the marriage has been conducted with a minor person. When the minor spouse reaches the age of 18, only the spouse has the right to apply for the recognition of the marriage invalid;
2. b) a spouse whose rights were violated by marriage conclusion, if the marriage was concluded without voluntary consent of one of the spouses as a result of compellation, lie, confusion or impossibility to realize and lead his/her activities during the state registration of the marriage;
3. c) the spouse who was unaware of the barrier conditions for marriage conclusion, the guardian of a spouse recognized invalid by court, a spouse who has a former noncancelled marriage, other persons whose rights have been violated by the marriage concluded with the violation of the requirements of Article 11 of the given Code, as well as the departments of custody and guardianship;
4. d) the spouse unaware of the false marriage;
5. e) the spouse whose rights have been violated by the presence of facts stipulated by Provision 3, Article 12 of the given Code.

 Article 22 Circumstances eliminating marriage invalidity 

1. The court can recognize the marriage valid if at the time of the consideration of the case on recognition the marriage invalid the barrier conditions for marriage conclusion were removed.
2. In case of a woman’s pregnancy or birth of a child, or if the interests of the minor spouse require marriage validity, as well as in case of the absence of the minor spouse’s consent to recognize the marriage invalid, the court can reject the suit to recognize the marriage invalid.
3. The court cannot recognize the marriage false if the persons who registered such a marriage before the case consideration by the court virtually made a family.
4. After marriage cancellation the marriage cannot be recognized invalid, except for the cases when the spouses are relatives, which is prohibited by law, or the cases when at the moment of state marriage registration one of the spouses was in another noncancelled marriage.

 Article 23 Consequences of the recognition of a marriage invalid 

1. The marriage recognized invalid by court does not create rights and obligations stipulated for the spouses by the given Code, except for the cases stipulated by Provisions 4 and 5 of the given Article.
2. The norms of the Civic Code on shared property are applied to the commonly obtained property of the persons whose marriage is recognized invalid.
3. The marriage contract concluded by the persons whose marriage is recognized invalid is recognized invalid as a rule.
4. The recognition of a marriage invalid does not affect the rights of children born in such marriage or within 300 days after the recognition of the marriage invalid.
5. While making a verdict to recognize the marriage invalid the court can recognize the right of a decent spouse, whose rights were violated by the conclusion of such a marriage, to receive living means from the other spouse, and during distribution of the property obtained before the recognition of the marriage invalid can apply the norms of Article 26 of the given Code, as well as recognize the marriage contract completely or partly valid.

The decent spouse can require compensation of the property detriment in accordance with the procedure established by the Civic Code. 

6. In case of recognition of the marriage invalid the decent spouse can keep the family name chosen during the state registration of the marriage.

 Article 24 Equality of spouses’ rights in family 

1. Both of the spouses are free in choosing job, occupation, profession and residence.
2. The spouses deal with the issues of maternity, paternity, rearing and education of a child, as well as other issues of family life proceeding from the principle of equality of spouses’ rights.
3. The spouses are obliged to build their relations on the basis of mutual assistance and respect, contribute to the firmness of the family, and take care about the well-being and development of their children.

 Article 49 Equality of parents’ rights and obligations 

1. Parents have equal rights and obligations with regard to their children (parental rights).
2. Parental rights stipulated by the given Chapter terminate when a child becomes 18 years old, as well as in case of children’s marriage by the established procedure and recognition completely capable before attaining the majority by the procedure stipulated by law.

 Article 54 Realization of parental rights by a parent living separately from a child 

1. The parent living separately from a child has the right to communicate with the child, participate in his/her rearing, and solve the education issues of the child.

The parent, who the child lives with, should not restrict the communication of the child with the other parent, if this communication does not damage the physical and mental health of a child, his/her moral development. 

2. The parents have the right to sign a written agreement on the realization of parental rights by the parent living separately from the child.

If the parents cannot come to an agreement, upon the requirement of both or one of them the dispute is solved by the court with the obligatory presence of the department of custody and guardianship. 

3. In case of intended violation of the court’s verdict, upon the requirement of the parent living separately from the child the court can make a decision on granting him/her the child, proceeding from the interests of children and taking into consideration the opinion of a child above 10.
4. The parent living separately from a child has the right to get information about his/her child from rearing, medical, population social protection organizations, etc. The giving of information can only be rejected in case of the threat to the health and life of the child by the parent.

 Article 68 Obligation of parents to provide living means of children 

1. Parents are obliged to keep their children.

The procedure and conditions of providing a child with living means parents decide independently. 

Parents can conclude an agreement on keeping their children (an alimony paying agreement) in accordance with Chapter 15 of the given Code. 

2. If parents do not provide the children with the living means, the means for keeping the latter (alimony) are exacted from parents by judicial procedure.

Article 77

Obligation of spouses to provide each other’s living means spouses are obliged to assist each other materially. In case of rejection of such assistance and the absence of alimony paying agreement the following persons have the right to require alimony from the spouse by judicial procedure: 

1. a) vulnerable incapable spouse;
2. b) wife during the pregnancy, as well as the spouse taking care of a common child until the latter becomes 3 years old;
3. c) vulnerable spouse, who takes care of common disabled child or a major child of the 1st group disability.

 Article 78 Right to receive alimony from the ex-spouse after divorce 

1. The following persons have the right to require alimony from the spouse with sufficient material means by judicial procedure:
2. a) ex-wife during the pregnancy, as well as the spouse taking care of a common child until the latter becomes 3 years old;
3. b) vulnerable spouse, who takes care of common disabled child or a major child of the 1st group disability;
4. c) vulnerable incapable spouse, who became disabled before the divorce or within a year after the divorce;
5. d) vulnerable spouse, who reached pension age within five years after the divorce if the spouses were married for 15 years and more.
6. The amount of alimony as well as the procedure of paying it to the ex-spouse may be established by the consent of ex-spouses.