Wednesday, November 15, 2017

Pedagogue found justice in the court

The director of one of  the  schools  in Yerevan was  involved  as  a suspect by  unfounded suspicion for abusing her official position and  falsifying  in official documents.
As a result of this  groundless  charge, in June of this year the director's office was temporarily suspended by the investigator's decision.
The Director of school applied to «AM» Law Firm to recover his violated rights and defend himself from groundless accusations. The professional advocate team of  «AM» Law Firm under the leadership of Levon Sahakyan took the defense of the injured  pedagogue and, as a primary step, filed a complaint against the investigator's decision to the prosecutor's office.
The Arabkir and Kanaker-Zeytun administrative districts Prosecutor's office rejected the complaint against the investigator's decision and the lawyer Levon Sahakyan's  team had to appeal  the decision of the investigator in the court. The court satisfied the complaint of the educator, obliging the prosecuting authority to abolish the rights of the director and, by his decision, enabled the director to be re-established in his work.
The case is under way, and the professional team of «AM» Law Firm will continue to fight for the complete restoration of the rights of the unreasonable accused pedagogue

The mistake of inspectors in the amount of 5 million was corrected by Complaint Commission of State Revenue Committee

During importation of a number of European products to Armenia, customs  inspectors carried out a proper inspection of  the "Red Path" procedure, as a result of which the product was omitted, because no mistake was found. As  a  result of the customs inspection carried out at the given Armenian importer by the State Revenue Committee's Post-Clearance Control Department, it was found out that the goods that were examined were registered with incorrect codes. As a result, a fine in the amount of  about 5 million AMD was imposed to the company, not taking into account  that the fine actually arose as a result of violations by customs inspectors.
Vanik Margaryan, head of the appropriate team of «AM» Law Firm and the specialists involved with the case filed a complaint to the Complaint Commission of  State Revenue Committee, explaining the unlawfulness of the imposed fine. As a result, the Complaint Commission completely satisfied the complaint, eliminating the fines imposed. Moreover, the above-mentioned commission noted in its decision that in case of proper fulfillment of  its duties by the customs  authority, the fined entity will be free of the obligation to pay penalties calculated in the act.
Thus, «AM» Law Firm registered a positive result by the customs case, without even applying to the court, which proves once again the efficiency of applying to the Complaint commission of State Revenue Committee.

Here is what happened when the insurance company tried not to pay one million of the "Hyur Service"

One of the well-known insurance companies in Armenia was refusing to duly compensate the damages caused to "Hyur Service" LLC as a result of a car accident.
According to the initial report of the damage assessment in the sector CMTPLI, the damage to the vehicle was unjustly estimated 463.700 AMD. Disagreeing with the results of the preliminary examination, the company "Hyur Service" applied to the Armenian Motor Insurers Bureau to request a double examination. As a result, it was confirmed that the damage caused to the vehicle amounted to 1,416,000 Armenian drams, i.e. about 1 million drams more.
The insurance company did not agree with the conclusion of the expert, applied to the court demanding to free them from paying insurance compensation more than 463,700 AMD.
As a result of the professional work of lawyers of «AM» Law Firm and especially advocate Paytsar Kocharyan, on August 8, the court completely denied the groundless claim against "Hyur Service", instead of it, satisfied the counter-claim submitted by «AM» Law Firm and took a decision to seize 1,416,000 AMD from insurance company in favor of Hyur Service, at the same time adding to that amount the interests provided by the Article 411 of RA Civil Code.
Thus, «AM» Law Firm ensured another victory in the court for its customer and did not allow a well-known insurance company to take away one million drams from "Hyur Service" and the interests caused by delayed payment of that amount.

Is the check of cash register sufficient to deliver the goods? The dispute was resolved

The tax authorities have recently filed a fine in amount of 1,000,000 AMD against the Armenian importing company. The company was in such situation because the tax authority found that the company delivered its products without accompanying documents, considering that the checks of cash register could not be considered as accompanying documents and a tax invoice shall mandatory be with them.
In order to repeal the mentioned fine, «AM» Law Firm before applying to the Court, found it expedient to appeal the decision of local tax authority to the Appeal Committee of State Revenue Committee adjunct to the Government of Armenia.
During the discussion of the submitted application, the tax law specialists of «AM» Law Firm were able to substantiate that in the cases where the goods were sold to individuals and then shipped to the latter accompanying with the checks of cash register corresponding to the goods, the mentioned checks are considered as an accompanying document and the existence of any other additional document is not mandatory.
The Appeal Committee decided that, in this case, it is not justified the mandatory binding of the tax invoices accompanying the goods, so the fines imposed are not lawful.
Thus, due to the consistent and principal business entity, the rapid and high-quality work of «AM» Law Firm and due to the substantially improved and effective appeal system of  State Revenue Committee adjunct to the Government of Armenia, the application of the business entity was satisfied and the penalty imposed by improperly interpretation of the law was abolished.

From junior lawyer to company’s partner in five years: «AM» has a new partner

Agreement of acquisition of a status of partner was signed between Narine Sargsyan, member of RA Chamber of Advocates and «AM» Law Firm on 23th  of June, according to which advocate Narine Sargsyan became a partner of «AM» Law Firm. The official ceremony of the signature of the agreement took place in the headquarter of «AM» Law Firm.
Still in 2012, Narine Sargsyan, a graduate of the French University in Armenia, a beginner lawyer joined «AM» Law Firm as a junior lawyer. Due to her diligence, professional and human high qualities, as well as her commitment to the company, Narine Sargsyan could quickly rise  into the official rank provided by the company's charter and finally become a partner of leading law firm of Armenia.
Advocate Narine Sargsyan  is fluent in French, English, Russian and Armenian. She is specialized in International business, labor and civil law and has a solid experience in provision of services to local and foreign companies, as well as in solving various legal issues of individuals.

There are risks in the project of restoration of ancient streets of Gyumri for the residents of that streets

«Kumayri Veratsnund» investment fund was founded in Gyumri, the aim of which is restoration of two ancient streets of Gyumri (Gorki and Rustaveli) and turning of them to business center. There is a risk, that without presenting a precise project,  people will be obliged to sell their houses or to  leave them and to  become  a shareholder in fund without mentioning fixed price per square meter in case of sale. It was also not presented  how  many shares will be provided  instead of certain territory in case of becoming a shareholder.
«AM» Law Firm, valuing the interests of residents of Gyumri, will provide consultation regarding this and other issues and will clarify to the citizens what income people may expect giving their houses  in the frame of that project or what will happen if the activity of the fund does not succeed and a bankruptcy process begins.
Free of charge consultation will take place on 18th of  May, at 10:00-18:00  in the address: Gyumri, G. Nzhdeh 1/5.
For pre-registration, please call to the following number: (0312) 3-03-26.

Master-class of criminal law for the students of the Armenian-Russian University

40 students of Armenian-Russian University participated to the master-class of criminal law, organized by «AM» Law Firm, which was conducted by Levon Sahakyan, Partner of «AM», renowned advocate of criminal law  and Narine Sargsyan, Chief Legal Adviser.
Among many theoretical and practical questions, relating to criminal law and law of criminal procedure, the students discussed with the experienced specialists the issue that  the investigators often intentionally involve a person as a witness, warn about criminal liability provided for refusal to give testimony, interrogate, and  only then impose a new  accusation. Regarding this issue advocate Levon Sahakyan clarified that depending on the circumstances of the case one of two options of tactics may be chosen- 1) having a status of a witness to refuse to give a testimony, referring to the constitutional norm, as well as a number of  precedent decisions, 2)to give testimony anyway, and to decide in future whether to insist that testimony or to dispute the admissibility of the given protocol.
Regarding the issue of delays of terms of investigation of criminal case, one of the students offered to set a precise term of investigation of case. Advocate Mr. Sahakyan explained  to the students that it is very dangerous to set a precise term of investigation of a court case and oblige judges to finalize the case during that term, as effective and fair investigation of cases may be endangered. In other words, there may be cases, for fair investigation of which may be necessary longer terms, than will be provided by law. As for classifying cases and, accordingly, setting a separate term  for each one will be very difficult for the legislator. Hence, accepting that the expression ’’reasonable term’’ existing now in the legislation may be interpreted differently by different judges, nevertheless, there is still no better solution.
The students were also interested whether the lawyer should protect his client, realizing he was a criminal. Regarding the above-mentioned question, the experiences advocates answered that for them primary goal should be to protect the interests of their client, which will widely  promote justice, as it will make state bodies work more efficient and conscientious in each case. Besides, the mission of assurance of justice belongs to the courts, not to the advocate.
At  the end of the meeting possibilities and procedures of working or passing a practice in «AM» Law Firm in future were presented to the future lawyers.