On dismantling (disassembling) the pavilion and adjacent metal pillars located on the state-owned land adjacent to Babajanyan Street h.42/3 in Malatia-Sebastia administrative district of Yerevan city and freeing the state-owned land

YEREVAN CITY MAYOR
DECISION

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

ON DEMOLISHING (DISMANTLING) THE PAVILION AND ADJACENT METAL COLUMNS
LOCATED ON THE STATE-OWNED LAND PLOT ADJACENT TO BABJANYAN STREET H.42/3
ADDRESS IN 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.42/3 address in Malatia-Sebastia
   administrative district of Yerevan city, construction works for the installation of a pavilion and
   adjacent metal columns have been carried out without land use rights and without proper
   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 has been initiated by the Public Order
   Protection Service of the Yerevan City Hall staff.
   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 the 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.42/3 address in Malatia-Sebastia
   administrative district of Yerevan city, construction works for the installation of a pavilion and
   adjacent metal columns have been carried out without land use rights and without proper
   permission, and the land plot encumbered thereby is actually being used illegally.

b. the aforementioned unauthorized construction actually encumbers the land plot owned by the Yerevan community, therefore, it has become necessary to free the said land plot from the unauthorized construction encumbering it.
c. the construction at the above-mentioned address, carried out without appropriate urban planning documents, is in no way delimited from public use areas, which implies that the implementation of the construction and the current maintenance of the construction may pose a danger to people's lives and health, i.e., delaying the adoption of an administrative act may lead to the emergence of some danger to the public.
3. Justification for adopting the administrative act.
According to Article 2, Point 2 of Law HO-397-N "On Making Additions and Amendments 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 a building, structure, or other construction 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 prescribed 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 deadlines for the demolition (dismantling) of such a construction are determined by the 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 an 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 defined 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 previous 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 previous state. According to Part 6 of the above-mentioned article, the registration of rights to real estate with unauthorized constructions

properties 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 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:

1. 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.
2. 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.

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 Annex 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 a right, 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 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 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 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 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 by 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, Points 5.1 and 6, Part 2, Point 2, 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", the provisions of Articles 30, 36, 38, 58, and 60 of the Law "On the Fundamentals of Administration and Administrative Procedure", as well as the requirements of the Government of the Republic of Armenia's Decision No. 912-N of May 18, 2006, I HEREBY DECIDE:

1. Not to legalize the pavilion and attached metal pillars located adjacent to Babajanyan Street No. 42/3, Malatia-Sebastia administrative district, Yerevan, on state-owned land, 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 City Hall staff, to dismantle the pavilion and attached metal pillars located adjacent to Babajanyan Street No. 42/3, Malatia-Sebastia administrative district, Yerevan, on state-owned land used without state registration of the right to land use, and to free the state-owned land 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 City Hall in accordance with Point 2 of this decision.

4. To instruct the head of the Malatia-Sebastia administrative district of Yerevan to recover the costs associated with the dismantling and other related 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, the Public Order Protection Service of the Yerevan City Hall staff, and the head of the Malatia-Sebastia administrative district of Yerevan.

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.
   TIGRAN AVINYAN