YEREVAN MAYOR
DECISION
RA, 0015, Yerevan, Argishti 1
№____________ « » 2026

ON DEMOLISHING THE IRON PILLARS AND CONSTRUCTED CONCRETE FOUNDATIONS LOCATED ON THE STATE-OWNED LAND PLOT ADJACENT TO BABԱJANYAN STREET H.42/5, MALATIA-SEBASTIA ADMINISTRATIVE DISTRICT OF YEREVAN CITY, AND FREEING THE STATE-OWNED LAND PLOT

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

In the state-owned land plot adjacent to Babajanyan Street H.42/5, Malatia-Sebastia administrative district of Yerevan city, construction works of installing iron pillars and constructing concrete foundations were carried out without land use rights and without appropriate permission, thereby encumbering the state-owned land plot.
According to point "b" of Article 30 of the Law "On the Fundamentals of Administration and Administrative Procedure", an administrative proceeding was initiated by the Public Order Protection Service of the Yerevan Municipality Staff.
Hearings were not conducted 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, with the evidence obtained, the administrative body considers the following to be established:

a. In the state-owned land plot adjacent to Babajanyan Street H.42/5, Malatia-Sebastia administrative district of Yerevan city, construction works of installing iron pillars and constructing concrete foundations were carried out without land use rights and without appropriate permission, and the encumbered land plot is actually used illegally, as there is no right formalized in accordance with the procedure established by the legislation of the Republic of Armenia for that land plot.

b. the aforementioned unauthorized construction actually burdens the land plot owned by the Yerevan community, therefore it has become necessary to free the said land plot from the unauthorized construction burdening it.
c. the construction at the aforementioned address, carried out without appropriate urban planning documents, is in no way delimited from public use areas, from which it follows that the implementation of the construction and the current maintenance of the construction may pose a danger to people's lives and health, that is, the 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", unauthorized constructions (sections of semi-finished unauthorized constructions) built before the entry into force of this law and registered in the manner prescribed by the Government decision establishing the procedure for registering unauthorized constructions (hereinafter also referred to as the Government decision in this article) are subject to 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. The Government may establish peculiarities for the legalization of unauthorized constructions (sections of semi-finished unauthorized constructions) provided for by 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 or reconstructed or placed in 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 or urban planning norms and rules established by the permission, 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 the court. The decision on the demolition (dismantling) of an unauthorized construction located on a state or community-owned land plot is 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 request 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 registration of rights to real estate with unauthorized constructions

The peculiarities 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 facilities, or are built with significant violations of urban planning norms and rules and give rise to the right to demand compulsory servitude. According to point 2 of Decision No. 912-N of the Government of the Republic of Armenia dated May 18, 2006, unauthorized constructions are not subject to legalization if: a. their preservation violates the rights and legally protected interests of other persons or poses a threat to the life and health of citizens; b. they 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 facilities, or are built with significant violations of urban planning norms and rules and give rise to the right to demand compulsory servitude. According to point 44 of the procedure approved by the same decision, 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, 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 and other property rights at their discretion is subject to 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 part 5 of Article 26 of the Law "On Urban Planning", in the territories of communities, the head of the community supervises the fulfillment of architectural and planning assignments given to developers, the requirements of urban planning regulations of settlements, the urban planning targeted 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 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 the initiation of administrative proceedings, the administrative body has at its disposal the necessary documents for adopting the relevant administrative act, and the circumstances of the 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.

According to Article 38, Part 3, Sub-point "a" of the Law "On the Fundamentals of Administration and Administrative Procedure", hearings are not held if there is a need to immediately adopt an administrative act, as delay may lead to the emergence of some danger to the public.

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 that act.

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 the City of Yerevan", Article 9, Part 2 of the Law "On Local Self-Government", Articles 30, 36, 38, 58 and 60 of the Law "On the Fundamentals of Administration and Administrative Procedure", as well as the requirements of Decision No. 912-N of May 18, 2006, of the Government of the Republic of Armenia, I DECIDED

1. Not to legalize the iron pillars and concrete foundation structure located adjacent to Babajanyan Street No. 42/5, Malatia-Sebastia administrative district, Yerevan, on a state-owned land plot, without the right to land use and without appropriate permission.
2. To instruct the head of the Malatia-Sebastia administrative district of Yerevan, with the assistance of the Urban Development and Land Control Department and the Public Order Protection Service of the Yerevan Municipality Staff, to dismantle the iron pillars and concrete foundations located on the state-owned land plot adjacent to Babajanyan Street No. 42/5, Malatia-Sebastia administrative district, Yerevan, used without state registration of the right to land use, and to free the state-owned land plot 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 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 Malatia-Sebastia administrative district of Yerevan, the dismantling and other related works provided for by this decision

realization costs: to be collected judicially from the person who carried out the unauthorized construction. 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 Malatia-Sebastia 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, A. Pambukhchyan. FIRST DEPUTY MAYOR OF YEREVAN, ACTING MAYOR OF YEREVAN ARMEN PAMBUKHCHYAN X ARMEN PAMBUKHCHYAN Signed by: PAMBUKHCHYAN ARMEN 3611840246