YEREVAN MAYOR
DECISION

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

ON DEMOLISHING WAGON HOUSES, STONE AND METAL STRUCTURES, METAL AND STONE FENCES LOCATED IN THE AREA ADJACENT TO SHIRAK 2ND DEAD END, BLDG. 49, SHENGAVIT ADMINISTRATIVE DISTRICT, YEREVAN CITY, AND VACATING THE LAND PLOT WHICH IS COMMUNITY PROPERTY

1. Description of the issue resolved by the administrative act:
   In the area adjacent to Shirak 2nd Dead End, bldg. 49, Shengavit administrative district, Yerevan city, construction works of wagon houses, stone and metal structures, stone and metal fences have been carried out without land use rights and without appropriate permission, which has burdened the land plot that is community property.
   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 in the staff of the head of Shengavit administrative district.
   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, with the evidence obtained, the administrative body considers the following to be established:
   a. In the area adjacent to Shirak 2nd Dead End, bldg. 49, Shengavit administrative district, Yerevan city, construction works of wagon houses, stone and metal structures, stone

and construction works of metal fences, on the land plot belonging to the Yerevan community, without the right to land use and without appropriate permission, construction works of wagon houses, stone and metal structures, stone and metal fences have been carried out, and the land plot burdened by them is actually used illegally, because there is no right formalized in the manner prescribed 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 above-mentioned address, carried out without appropriate urban planning documents, is not equipped with a construction site in accordance with the requirements established by the legislation of the Republic of Armenia, the constructed building is not delimited in any way, the sidewalk is not separated from the unauthorized construction, from which it follows that the implementation of the construction can pose a danger to people's lives and health, that is, the delay in adopting an administrative act can lead to the emergence of any danger to the public.
3. Justification for adopting the administrative act.
According to Article 2, Point 2 of Law HO-397-N "On Amendments and Additions to the Civil Code of the Republic of Armenia", unauthorized constructions (sections of unfinished unauthorized constructions) built 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) 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 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 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 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 the decision of the Government of the Republic of Armenia. According to Part 2 of the same article, the land plot

the owner, including the acquirer of a land plot with an unauthorized structure, bears the risks associated with the use of the unauthorized structure located thereon and the demolition (dismantling) of the unauthorized structure. According to part 3 of the same article, the owner of the land plot has the right to demolish the unauthorized structure located on his land plot without applying to court. The decision on the demolition (dismantling) of an unauthorized structure located on a land plot owned by the state or community is made by the competent authorities defined by law. An unauthorized structure located on another person's land plot, at the claim of the state, community, or other interested person whose rights and legally protected interests have been violated, is subject to demolition (dismantling), and the land plot is subject to restoration to its former state at the expense of the land plot owner. The person who carried out an unauthorized structure on another person's land plot is obliged to compensate the damage caused to the land plot owner, including the costs of demolishing (dismantling) the unauthorized structure 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 structures are regulated by the law on state registration of rights to property and other legal acts adopted on its basis. Unauthorized structures cannot be recognized as legal and 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. According to point 2 of Decision No. 912-N of the Government of the Republic of Armenia dated May 18, 2006, unauthorized structures 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 objects, 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 structures 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 Annex to Decision No. 912-N of the Government of the Republic of Armenia dated May 18, 2006, the head of the community adopts

DECISION OF THE MAYOR OF YEREVAN

On the decision to legalize or demolish 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 property right and other property rights, 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 26, Part 5 of the Law "On Urban Development", in the territories of communities, the head of the community supervises the implementation of architectural and planning tasks given to developers, the requirements of urban development regulations of settlements, the targeted urban development use of lands and fixed property, and also prevents, suspends cases of unauthorized construction and ensures the elimination of their consequences in the manner prescribed by law.

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.

According to Article 38, Part 3, 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 any 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 upon that act

to be adopted" from the day following the notification 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 Proceedings", as well as the requirements of Decision No. 912-N of the Government of the Republic of Armenia dated May 18, 2006:
I DECIDED

1. Not to legalize the wagon houses, stone and metal structures, stone and metal fences built on the community-owned land plot used without state registration of the right to land use, in the adjacent area of Shiraki 2nd Lane, No. 49, Shengavit administrative district, Yerevan.

2. To instruct the head of the Shengavit 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 wagon houses, stone and metal structures, stone and metal fences built on the community-owned land plot used without state registration of the right to land use, in the adjacent area of Shiraki 2nd Lane, No. 49, Shengavit administrative district, Yerevan, 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 Ministry of Internal Affairs of the Republic of Armenia to ensure the maintenance of public order in the relevant place 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 Shengavit administrative district of Yerevan to recover the expenses related to the dismantling and other accompanying 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 fulfillment of the requirements of this decision to the heads of the Urban Development and Land Control Department, Public Order Protection Service of the Yerevan Municipality Staff, and the head of the Shengavit 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 shall be ensured by the First Deputy Mayor of Yerevan, A. Pambukhchyan.

TIGRAN AVINYAN