DECISION OF THE MAYOR OF YEREVAN

RA, 0015, Yerevan, Argishti 1
№____________ « » 2026

ON DEMOLISHING (DISMANTLING) THE STRUCTURE BUILT ON THE LAND PLOT OWNED BY THE COMMUNITY ADJACENT TO THE ADDRESS NOR ARESH 50TH STREET, H.49/1, EREBUNI ADMINISTRATIVE DISTRICT, YEREVAN CITY, AND VACATING THE LAND PLOT OWNED BY THE COMMUNITY

1. Description of the issue resolved by the administrative act.

In the land plot owned by the community, adjacent to the address Nor Aresh 50th Street, H.49/1, Erebuni administrative district, Yerevan city, construction works for building a structure have been carried out without land use rights and without appropriate permission, thereby encumbering the land plot owned by the community.

In accordance with point "b" of Article 30 of the Law "On the Fundamentals of Administration and Administrative Procedure", an administrative proceeding has been initiated by the Public Order Protection Service of the Staff of Yerevan Municipality.

No hearings were held during the administrative proceeding, based on the regulations defined by point "a" of part 3 of Article 38 of the Law "On the Fundamentals of Administration and Administrative Procedure".

2. Facts serving as a basis for adopting the administrative act.

As a result of a comprehensive, complete, and objective examination of the factual circumstances of the administrative case, the administrative body considers the following to be established by the acquired evidence:

a. In the land plot owned by the community, adjacent to the address Nor Aresh 50th Street, H.49/1, Erebuni administrative district, Yerevan city, construction works for building a structure have been carried out without land use rights and without appropriate permission, and the land plot encumbered thereby is actually being used illegally.

b. The aforementioned unauthorized structure has actually encumbered the land plot owned by the Yerevan community, therefore, it has become necessary to vacate the said land plot from the unauthorized structure encumbering it.

e. the building at the aforementioned address, constructed without appropriate urban planning documents, is in no way delimited from public use areas, from which it follows that the construction and current maintenance of the building may pose a danger to the life and health of individuals, i.e., a delay in adopting an administrative act may lead to the emergence of some danger to the public. 3. Justification for adopting the administrative act: According to point 2 of Article 2 of Law HO-397-N "On making additions and amendments to the Civil Code of the Republic of Armenia", the regulations concerning the legalization of unauthorized constructions in force before the entry into force of this law, including the provisions of subordinate legal acts adopted on their basis, apply to unauthorized constructions (sections of unfinished unauthorized constructions) constructed before the entry into force of this law and registered in the manner prescribed by the Government's decision establishing the procedure for registering unauthorized constructions (hereinafter also referred to as the Government's decision in this article). The Government may establish peculiarities for the legalization of unauthorized constructions (sections of unfinished unauthorized constructions) provided for in this part. According to part 1 of Article 188 of the Civil Code, an unauthorized construction is considered to be a building, structure, or other construction built, reconstructed, or placed on a land plot not allocated for that purpose in the manner prescribed by law and other legal acts, or without permission, or with significant violations of the conditions established by the permission or urban planning norms and rules, and according to point 1 of part 1, an unauthorized construction cannot be recognized as legal and is subject to demolition (dismantling). The procedure and terms for the demolition (dismantling) of such a construction are established by a decision of the Government of the Republic of Armenia. According to part 2 of the same article, the owner of the land plot, including the one who acquires the land plot with an unauthorized construction, bears the risks associated with the use of the unauthorized construction located on it and the demolition (dismantling) of the unauthorized construction. According to part 3 of the same article, the owner of the land plot has the right to demolish the unauthorized construction located on his land plot without applying to court. Decisions on the demolition (dismantling) of an unauthorized construction located on a state or community-owned land plot are made by the competent authorities established by law. An unauthorized construction located on another person's land plot is subject to demolition (dismantling) at the claim of the state, community, or other interested person whose rights and legally protected interests have been violated, and the land plot is subject to restoration to its former state at the expense of the owner of the land plot. The person who carried out an unauthorized construction on another person's land plot is obliged to compensate the owner of the land plot for the damage caused, including the costs of demolishing (dismantling) the unauthorized construction and restoring the land plot to its former state. According to part 6 of the above-mentioned article, the peculiarities of registering rights to real estate with unauthorized constructions are regulated by the law on state registration of rights to property and other legal acts adopted on its basis. Unauthorized constructions cannot be recognized as legal, and they

are subject to demolition if they are built on land plots defined by Article 60 of the Land Code of the Republic of Armenia, as well as in alienation or safety zones of engineering and transport objects, or are built with significant violations of urban planning norms and rules and give rise to the right to demand compulsory servitude. Point 2 of Decision No. 912-N of the Government of the Republic of Armenia dated May 18, 2006, stipulates that the following unauthorized constructions are not subject to legalization: a. those whose preservation violates the rights and legally protected interests of other persons or poses a threat to the life and health of citizens; b. those that are built on land plots defined by Article 60 of the Land Code, as well as in alienation or safety zones of engineering and transport objects, or are built with significant violations of urban planning norms and rules and give rise to the right to demand compulsory servitude. Point 44 of the procedure approved by the same decision stipulates that the legalization of unauthorized constructions provided for by this procedure is rejected by a corresponding decision if they do not meet the conditions for legalization defined by Article 188 of the Civil Code and this procedure. According to Article 33 of the appendix to Decision No. 912-N of the Government of the Republic of Armenia dated May 18, 2006, the head of the community, on his own initiative, makes a decision on legalizing or demolishing unauthorized constructions located on state or community-owned land plots. According to Article 44 of the Land Code, the rights of ownership and other property rights of citizens and legal entities over land plots are the right to possess, use, and dispose of them at their discretion, subject to the restrictions and other conditions provided by law, and the right of ownership of citizens and legal entities over land plots arises on the basis of privatization of state and community lands, inheritance, purchase and sale, donation, and other transactions and legal facts related to land. According to Part 5 of Article 26 of the Law "On Urban Planning," in the territories of communities, the head of the community supervises the implementation of architectural and planning assignments given to developers, the requirements of urban planning regulations of settlements, the targeted urban planning use of lands and fixed property, as well as prevents, suspends cases of unauthorized construction and ensures the elimination of their consequences in the manner prescribed by law. According to Point 6 of Part 1 of Article 55 and Point 1 of Part 1 of Article 59 of the Law "On Local Self-Government in the City of Yerevan," the Mayor of Yerevan, as a mandatory authority, organizes the work carried out by the heads of administrative districts aimed at suspending unauthorized constructions and eliminating unauthorized constructions, as well as suspending and eliminating illegal land use. According to Part 3 of Article 36 of the Law "On the Fundamentals of Administration and Administrative Procedure," if, after initiating an administrative procedure, the administrative body has the necessary information to adopt the corresponding administrative act,

necessary documents, the circumstances of the given case are sufficiently clarified and verified, then the administrative body is obliged to adopt the administrative act within a reasonable period after the emergence of the mentioned circumstances, without waiting for the expiration of the general or special period. According to point "a" of part 3 of Article 38 of the Law "On Fundamentals of Administration and Administrative Proceedings", hearings are not held if a necessity arises to adopt an administrative act immediately, as delay may lead to the emergence of any danger to the public. According to part 1 of Article 60 of the Law "On Fundamentals of Administration and Administrative Proceedings", a written administrative act enters into force from the day following the notification of the adoption of that act in the manner prescribed by Article 59 of the same law, unless otherwise provided by law or by that act. Taking into account the above-mentioned factual and legal justifications and the evidence obtained during the initiated administrative proceedings, based on the provisions of part 2 of Article 43, part 2 of Article 44 of the Land Code, part 5 of Article 26 of the Law "On Urban Development", point 6 of part 1 of Article 55 and point 1 of part 1 of Article 59, point 3 of part 1 of Article 65, point 1 of part 1 of Article 94 and point 3 of part 1 of Article 95 of the Law "On Local Self-Government in the City of Yerevan", part 2 of Article 9 of the Law "On Local Self-Government", Articles 30, 36, 38, 58 and 60 of the Law "On Fundamentals of Administration and Administrative Proceedings", as well as the requirements of the Decree of the Government of the RA No. 912-N dated May 18, 2006: DECIDED 1. Not to legalize the structure built without the right of land use and without the corresponding permission on the land plot considered community property, adjacent to the address Nor Aresh 50th Street h.49/1 of the Erebuni administrative district of Yerevan city. 2. To instruct the head of the Erebuni administrative district of Yerevan, with the assistance of the Urban Development and Land Control Department and the Public Order Protection Service of the staff of the Yerevan Municipality, to dismantle the structure built on the land plot considered community property, used without state registration of the right of land use, adjacent to the address Nor Aresh 50th Street h.49/1 of the Erebuni administrative district of Yerevan city, and to vacate the land plot considered community property from illegal possession. 3. To propose to the Head of the Yerevan City Department of the Police of the Ministry of Internal Affairs of the Republic of Armenia, in accordance with point 2 of this decision, to ensure the maintenance of public order at the relevant location during the application of administrative enforcement measures by the Yerevan Municipality. 4. To instruct the head of the Erebuni administrative district of Yerevan to recover the costs related to the implementation of the dismantling and other associated works provided for by this decision from the person who carried out the unauthorized construction through judicial procedure.

5. To assign the organization and responsibility for the implementation of the requirements of this decision to the heads of the Urban Development and Land Control Department of the Yerevan Municipality Staff, the Public Order Protection Service, and the head of the Erebuni administrative district of Yerevan city.
6. This decision enters into force from the moment of its adoption.
7. This decision may be appealed administratively to the Mayor of Yerevan or judicially to the Administrative Court of the Republic of Armenia within a two-month period from the date of its entry into force.
8. Control over the implementation of this decision is ensured by the First Deputy Mayor of Yerevan, Armen Pambukhchyan.

FIRST DEPUTY MAYOR OF YEREVAN, ACTING MAYOR OF YEREVAN
ARMEN PAMBUKHCHYAN
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ARMEN PAMBUKHCHYAN
Signed by: PAMBUKHCHYAN ARMEN 3611840246