On dismantling the metal structure (kiosk) and freeing the community-owned land plot

YEREVAN CITY MAYOR
DECISION

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

ON DISMANTLING THE METAL STRUCTURE (KIOSK) LOCATED ON THE LAND PLOT OWNED BY THE COMMUNITY ADJACENT TO BUILDING H.28, SHINARARNERI STREET, AJAPNYAK ADMINISTRATIVE DISTRICT, YEREVAN CITY, AND FREEING THE LAND PLOT OWNED BY THE COMMUNITY

1. Description of the issue resolved by the administrative act:
   On the land plot owned by the community, located adjacent to building H.28, Shinaraneri Street, Ajapnyak administrative district, Yerevan city, construction works of a metal structure (kiosk) were carried out arbitrarily without land use rights and without appropriate permission, thereby encumbering the land plot owned by the community.
   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, based on the evidence obtained, the administrative body considers the following to be established:
   a. On the land plot owned by the community, located adjacent to building H.28, Shinaraneri Street, Ajapnyak administrative district, Yerevan city, construction works of a metal structure (kiosk) were carried out arbitrarily without land use rights and without appropriate permission, and the land plot encumbered by it is actually used illegally, as there are no rights formalized in accordance with the procedure established by the legislation of the Republic of Armenia for that land plot and the existing structure.
   b. The land plot owned by the Yerevan community is actually encumbered by the aforementioned arbitrary metal structure (kiosk), therefore, it has become necessary to free the said land plot from the metal structure (kiosk) encumbering it.

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", 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) 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). The Government may establish peculiarities for the legalization of unauthorized constructions (sections of unfinished unauthorized constructions) provided for in this part.
   Accordingly, according to Part 1 of Article 188 of the Civil Code in force at the time of the emergence of legal relations, 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 court. Decisions on the demolition (dismantling) of unauthorized constructions located on state or community-owned land plots 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 suit 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 land plot owner.
   The person who carried out an unauthorized construction on another person's land plot is obliged to compensate the land plot owner 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 same article, peculiarities of registration of rights to real estate with unauthorized constructions.

TO "PROTECTION OF LAW" NGO

STATEMENT

Regulated by the law on state registration of rights to property and other legal acts adopted on its basis.

According to point 2 of Decision No. 912-N of the Government of the Republic of Armenia of May 18, 2006, in force at the time of the emergence of legal relations, it is established that the following unauthorized constructions are not subject to legalization:
a. the preservation of which violates the rights and legally protected interests of other persons or poses a threat to the life and health of citizens.
b. which 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 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 of May 18, 2006, the head of the community, on his own initiative, adopts a decision on legalizing or demolishing unauthorized constructions located on land plots that are state or community property.

According to Article 44 of the Land Code, the right of ownership and other property rights of citizens and legal entities over land plots is 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 Development", 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 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 5 of part 1 of Article 52 of the Law of the Republic of Armenia "On Local Self-Government in the City of Yerevan", in force at the time of the emergence of legal relations, it presents to the Council of Elders what is considered the property of Yerevan

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 part 3 of Article 36 of the Law "On the Fundamentals of Administration and Administrative Procedure", if, after initiating administrative proceedings, the administrative body has 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 part 1 of Article 60 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 the Yerevan City Council of December 23, 2020 (amended by Decision N 413-N of the Yerevan City Council of July 13, 2021), an unauthorized construction built 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 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, 58 and 60 of the Law "On the Fundamentals of Administration and Administrative Procedure", Decision N 912-N of the Government of the Republic of Armenia of May 18, 2006, as well as the requirements of sub-point 8 of point 2 of Decision N 315-N of the Yerevan City Council of December 23, 2020 (amended by Decision N 413-N of the Yerevan City Council of July 13, 2021) -
I DECIDED
the annual program for providing and alienating property, and accordingly, disposes of property considered to be the property of Yerevan.

1. To deem illegal the self-constructed metal structure (kiosk) located on the community-owned land adjacent to building No. 28 on Shinashararneri Street in the Ajapnyak administrative district, built without land use rights and without appropriate permission.
2. To instruct the head of the Ajapnyak administrative district of Yerevan city, with the assistance of the Urban Development and Land Control Department of the Yerevan Municipality staff and the Public Order Protection Service, to dismantle the metal structure (kiosk) illegally built on the community-owned land adjacent to building No. 28 on Shinashararneri Street, which is being used without land use rights and state registration, and to free the community-owned land 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 city to recover the expenses related to the dismantling and other associated works provided for by this decision from the person who carried out the self-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 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