MAYOR OF YEREVAN

DECISION

RA, 0015, Yerevan, Argishti 1
№__________ « » 2026
YEREVAN

ON DISMANTLING THE STRUCTURE LOCATED ON THE COMMUNITY-OWNED LAND PLOT IN FRONT OF H.23/2 SHINARARNERI STREET, AJAPNYAK ADMINISTRATIVE DISTRICT, YEREVAN CITY, AND FREEING THE COMMUNITY-OWNED LAND PLOT

1. Description of the issue resolved by the administrative act:
   Construction works of a structure have been carried out arbitrarily on the community-owned land plot located in front of H.23/2 Shinaraneri Street, Ajapnyak administrative district, Yerevan city, without land use rights and without appropriate permission, thereby burdening the community-owned land plot. According to point "b" of Article 30 of the Law "On the Fundamentals of Administration and Administrative Procedure", an administrative proceeding has been initiated.

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 evidence obtained:
   a. Construction works of a structure have been carried out arbitrarily on the community-owned land plot located in front of H. 23/2 Shinaraneri Street, Ajapnyak administrative district, Yerevan city, without land use rights and without appropriate permission, and the burdened land plot is actually being used illegally, as there are no rights formalized in accordance with the procedure established by RA legislation for that land plot and the existing structure.
   b. The land plot owned by the Yerevan community is actually burdened by the aforementioned arbitrary structure, therefore it has become necessary to free the said land plot from the structure burdening it.

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", structures built before the entry into force of this law and by a Government decision establishing the procedure for registering arbitrary structures (hereinafter in this article also:

Government Decision) the regulations regarding the legalization of unauthorized structures in force prior to the entry into force of this Law, including the provisions of sub-legislative acts adopted on their basis, shall apply to unauthorized structures (sections of semi-constructed unauthorized structures) registered in the prescribed manner. The Government may establish specific features for the legalization of unauthorized structures (sections of semi-constructed unauthorized structures) provided for by this part.

Accordingly, pursuant to Article 188, Part 1 of the Civil Code in force at the time the legal relationship arose, an unauthorized structure is considered to be a building, construction, or other structure built, reconstructed, or installed 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 pursuant to Part 1, Clause 1, an unauthorized structure cannot be recognized as legal and is subject to demolition (dismantling).

The procedure and timeframes for the demolition (dismantling) of such a structure are established by a decision of the Government of the Republic of Armenia. Pursuant to Part 2 of the same Article, the owner of the land plot, including the acquirer of a land plot with an existing unauthorized structure, bears the risks associated with the use of the unauthorized structure located thereon and the demolition (dismantling) of the unauthorized structure.

Pursuant to Part 3 of the same Article, the owner of the land plot has the right to demolish the unauthorized structure located on their land plot without applying to the court.

Decisions on the demolition (dismantling) of an unauthorized structure located on a land plot that is state or community property are made by the competent bodies established by law.

An unauthorized structure located on another person's land plot is subject to demolition (dismantling) upon the claim of the state, the community, or another interested person whose rights and legally protected interests have been violated, and the land plot is subject to restoration to its previous state at the expense of the owner of the land plot.

A person who has carried out an unauthorized structure on another person's land plot is obliged to compensate the damage caused to the owner of the land plot, including the costs of demolishing (dismantling) the unauthorized structure and restoring the land plot to its previous state.

Pursuant to Part 6 of the same Article, the specific features of the registration of rights to real estate in the presence of unauthorized structures are regulated by the law on state registration of rights to property and other legal acts adopted on its basis.

Clause 2 of Decision No. 912-N of the Government of the Republic of Armenia dated May 18, 2006, in force at the time the legal relationship arose, establishes that the following unauthorized structures 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 built on land plots defined by Article 60 of the Land Code, as well as in the alienation or safety zones of engineering and transport facilities, or built in violation of urban planning norms and rules.

According to Article 26, Part 5 of the Law "On Urban Development", in the territories of communities, the head of the community supervises the fulfillment of architectural and planning assignments given to developers, the conditions of urban development regulations of settlements, the targeted urban development 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 Article 52, Part 1, Point 5 of the RA Law "On Local Self-Government in the City of Yerevan" in force at the time of the emergence of legal relations, the annual program for providing and alienating property considered to be the property of Yerevan is submitted to the Council, and accordingly, the property considered to be the property of Yerevan is managed.
According to Article 55, Part 1, Point 6 and Article 59, Part 1, Point 1 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 and eliminating unauthorized constructions, as well as suspending and eliminating illegal land use.
According to Article 36, Part 3 of the Law "On the Fundamentals of Administration and Administrative Procedure", if, after initiating an administrative procedure, the administrative body has the necessary documents for adopting the relevant administrative act, and the circumstances of the given case are sufficiently clarified and specified, then the administrative body is obliged to adopt the administrative act within a reasonable time after the emergence of the mentioned circumstances, without waiting for the expiration of the general or special term.
with significant violations 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 established 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, adopts 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 right of citizens and legal entities to own, use, and dispose of land plots at their discretion is a right, subject to the restrictions and other conditions provided by law, and the right of ownership of citizens and legal entities to 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 Article 60, Part 1 of the Law "On the Fundamentals of Administration and Administrative Procedure", a written administrative act enters into force on 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.

According to Sub-point 8 of Point 2 of Decision N 315-N of December 23, 2020, of the Yerevan City Council (amended by Decision N 413-N of July 13, 2021, of the Yerevan City Council), a self-built structure on a land plot owned by the Yerevan community, regardless of its degree of completion and whether it is subject to legalization or not, may be demolished by a decision of the Mayor of Yerevan.

Taking into account the above-mentioned factual and legal justifications and the evidence obtained during the initiated administrative proceedings, based on Article 43, Part 2, Article 44, Part 2 of the Land Code, Article 26, Part 5 of the Law "On Urban Development", Article 55, Part 1, Point 6 and Article 59, Part 1, Point 1, Article 65, Part 1, Point 3, Article 94, Part 1, Point 1 and Article 95, Part 1, Point 3 of the Law "On Local Self-Government in Yerevan", Article 9, Part 2 of the Law "On Local Self-Government", Articles 30, 36, 58 and 60 of the Law "On the Fundamentals of Administration and Administrative Procedure", Decision N 912-N of May 18, 2006, of the Government of the Republic of Armenia, as well as the requirements of Sub-point 8 of Point 2 of Decision N 315-N of December 23, 2020, of the Yerevan City Council (amended by Decision N 413-N of July 13, 2021, of the Yerevan City Council) –

I DECIDED

1. Not to legalize the self-built structure located in front of building N 23/2, Shinrarnery Street, Ajapnyak administrative district, on a community-owned land plot, without land use rights and without the appropriate permit.
2. To instruct the head of the Ajapnyak administrative district of Yerevan to dismantle the illegally constructed structure on the community-owned land plot located in front of building N 23/2, Shinrarnery Street, which is used without land use rights and state registration, with the assistance of the Urban Development and Land Control Department and the Public Order Protection Service of the Yerevan Municipality Staff, and to free the community-owned land plot from illegal possession.
3. To propose to the Head of the Yerevan City Department of the Police of the Republic of Armenia to ensure the maintenance of public order at the relevant location during the application of administrative enforcement measures by the Yerevan Municipality, in accordance with Point 2 of this decision.
4. To instruct the head of the Ajapnyak administrative district of Yerevan, regarding the dismantling and other related works provided for by this decision –

realization costs: to seize from the person who carried out the unauthorized construction through judicial procedure. 5. The organization and responsibility for the fulfillment of the requirements of this decision shall be assigned 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 Ajapnyak administrative district of Yerevan city. 6. This decision enters into force from the moment of its adoption. 7. The 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, A. Pambukhchyan. TIGRAN AVINYAN