3.1. General restrictions and duties

As mentioned above the main/only duty of public officers (except for not breaching the criminal law) with respect to corruption issues, is not to accept gifts in return for exercising their official duties, and to hand over the gifts of value received in officio to the treasury.

3.2. Gifts and other benefits

Except for the provisions of the Criminal Code restricting bribe taking (which includes all forms of material benefits for that official or any person pointed by the latter), Public Service Laws prohibit the relevant public servants from accepting gifts “for conduct of their official duties”. Breach of this law shall incur a disciplinary action, such as the termination of employment or public servant status. Gifts of considerable value received “in-officio” by the officials must be handed over to the treasury.

Civil servants shall be prohibited from receiving gifts, amounts of money or services from other persons for his/her service duties, with the exception of the cases envisaged by the legislation of the Republic of Armenia.

According to section 3 of the Decree N 48-N of the Government of Republic of Armenia “On the procedure of transferring of received gifts during the state service duties to the State” dated February 17, 1993 (hereinafter also referred to as a Decree) the state officers/officials shall transfer during performance of their state service duties all gifts received to the State if such gift/s exceeds five times of his/her monthly wages.   
However, it shall be stated that under the section (g) of Article 24 of the Law of Republic of Armenia “On Civil Service” it is forbidden for the Officials to receive gifts, amounts of money or services from other persons for his/her service duties. Consequently, the same article prohibits Officials from receiving gifts even for the lower value (which does not exceed five times of Official’s monthly wage) for the purpose of performing his/her service duties.

Therefore, it is stated that if the transfer of gift or entertainment (if entertainment shall be categorised, or otherwise interpreted as providing service to the Officials) to the Official is interpreted as being in exchange for the performance of his/her duties, then it shall constitute a violation of Article 24 of the Law of RA “On Civil Services”