Responsible for ensuring freedom of information

The RA Prosecutor’s Office Division of Public Relations, head of the Division – Arevik Khachatryan

Contacts

Email: info@prosecutor.am

Tel.: +374(10). 511-527

 

Procedure and Methods of Receiving Information

Pursuant to Article 42 of the RA Constitution: Everyone shall have the right to freely express his or her opinion. This right shall include freedom to hold own opinion, as well as to seek, receive and disseminate information and ideas through any media, without the interference of state or local self-government bodies and regardless of state frontiers.

The procedure for inquiring information and responding to it is regulated by the RA Law "On Freedom of Information".

 

The procedure for a written request to receive information and a response:

The applicant does not have to justify the inquiry.

The answer to written inquiry shall be given in the following deadlines:

• If the information required by the written inquiry is not publicized, than the copy of that information is given to the applicant within 5 days after the application is filed,
• If the information required by the written inquiry is publicized, than information on the means, place and time framework of that publication is given within 5 days after the application is filed,
• If additional work is needed to provide the information required, than the information is given to the applicant within 30 days after the application is filed, about which a written notice is being provided within 5 days after the application submission, highlighting the reasons for delay and the final deadline when the information will be provided. In the written request, the applicant's name, surname, citizenship, place of residence, work or educational institution shall be mentioned.

 

A written inquiry must be signed to include applicant’s name, last name, citizenship, place of residence, work or study (in case of legal persons: name, physical address).

A written inquiry is registered and processed as defined by the relevant legislation of processing civilian’s applications and appeals, separately from other types of administration.

A written inquiry remains unanswered if it is discovered that the information about the identity of the author is false, it is the second request within the last 6 months for the same information submitted by the same person, with the exception of the case envisaged by the law.

If the information holder does not possess the information sought or if the disclosure of that information is beyond its powers, than within 5 days after the written inquiry is filed, it must inform the applicant about that in a written form, and if it possible, also point out the information on the place and body, including archive, that holds that information.

If the information holder does not possess all the data on the inquired information, than it gives the applicant the part of the data, that it possesses and in case of possibility also points out in the written answer the information on the place and body, including archive that holds that information.

 

Procedure of Oral Inquiry

In case of oral inquiry, the applicant must in advance tell his name and last name. An answer shall be given to oral inquiry when:

• The disposal of the inquired information can prevent damage to state and public security, public order, public health and morals, other’s rights and freedoms, environment and person’s property.
• It is important to make sure that the given information holder has the relevant information.
• It is important to clarify the procedure according to which the information holder processes written inquiries.

 

The answer to the oral inquiry is given immediately after listening to the inquiry or within the shortest possible time frame. If the person making the oral inquiry is not telling his name, last name and/or the oral inquiry does not correspond to the conditions defined in the law, then the information holder can decline the oral inquiry.

 

Grounds and Procedure to Decline Information Request

Information request is declined when it:

• contains state, official, bank or trade secret;
• infringes the privacy of a person and his family, including the privacy of correspondence, telephone conversations, post, telegraph and other transmissions;
• contains pre-investigation data not subject to publicity;
• discloses data that require accessibility limitation, conditioned by professional activity (medical, notary, attorney secrets);
• infringes copy right and associated rights.

 

If a part of the information required contains data, the disclosure of which is subject to denial, than information is provided concerning the other part.

 

Sample of an information request form

Dear Sir/Madam ____________________________,

Pursuant to the Articles 42 and 51 of the RA Constitution and Articles 6 and 9 of the RA Law "On Freedom of Information", amended in 2015, I would like to ask you to provide me information about ___________________________ (formulate the necessary information as clearly as possible).

Pursuant to Article 9 of the RA Law “On Freedom of Information” Citizens' written inquiry for information shall be answered within 5 days after receiving it, except for information requiring additional work (30-day period). Therefore, I ask you to respond to my inquiry for information in the manner and within the terms defined by the law.

In case of declining the information request, please inform me with a written answer about the ground for the refusal and, if possible, point out the address of the body to whom I can, direct the inquiry.  

Please send the notification electronically or the hard copy thereof.

(I am ready to pay for the provision of information exceeding the limit stipulated by Article 10, Part 2 of the RA Law "On Freedom of Information").

Thank you in advance.

Name, Surname /signature/

Date

 

 

 

CHAPTER 2

PRINCIPLES OF THE ACTIVITIES OF THE PROSECUTOR’S OFFICE

 

Article 5. Publicity of the activities of the Prosecutor’s Office

1. The Prosecutor’s Office shall inform the public of its activities carried out, insofar as it is without prejudice to the rights, freedoms and legitimate interests of the human being and the citizen, as well as to the protection of state secrets and other secrets protected by law.
2. Prior to 1 April of each year, the Prosecutor General shall submit to the National Assembly of the Republic of Armenia (hereinafter referred to as “the National Assembly”) a communication on the activities of the Prosecutor’s Office for the previous year. The communication shall, in respect of each of the powers prescribed by Article 4 of this Law, include information, statistical data, comparative analysis and conclusions regarding the activities carried out by the Prosecutor’s Office during the previous year. The communication shall be considered at the sitting of the National Assembly as prescribed by part 3 of Article 126 of the “Rules of procedure of the National Assembly” Constitutional Law of the Republic of Armenia upon submission of the Prosecutor General.
3. The communication prescribed by part 2 of this Article shall be posted on the website of the Prosecutor’s Office within five working days following the submission thereof to the National Assembly.
4. Prior to 1 April of each year, the General Prosecutor’s Office of the Republic of Armenia shall publish a communication on investigation of crimes on the website of the General Prosecutor’s Office of the Republic of Armenia. In accordance with investigative jurisdiction, the communication must contain information on the results of investigation of crimes committed during the previous year, statistical data, comparative analysis and conclusions thereon. Information, statistical data, comparative analysis and conclusions on the results of investigation of corruption crimes shall be submitted separately.
5. For the purpose of drawing up the communication provided for by part 4 of this Article, preliminary investigation bodies shall, in accordance with investigative jurisdiction, prior to 1 February of each year, submit information and statistical data on the results of investigation of crimes committed during the previous year to the General Prosecutor’s Office of the Republic of Armenia. The methodical guide on submitting information and statistical data on the results of investigation of corruption crimes shall be approved by the Prosecutor General.