On dismantling the metal structure (kiosk) and freeing up the community-owned land plot adjacent to 23/2 Shinhararneri Street, Ajapnyak administrative district

MAYOR OF YEREVAN
DECISION

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

ON DISMANTLING THE METAL STRUCTURE (KIOSK) LOCATED ON THE LAND PLOT OWNED BY THE COMMUNITY ADJACENT TO THE ADDRESS H. 23/2 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 the address h.23/2 Shinaraneri Street, Ajapnyak administrative district, Yerevan city, construction works of a metal structure (kiosk) were carried out arbitrarily without land use rights and without proper permission, thereby encumbering the land plot owned by the community.
   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.

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. On the land plot owned by the community, located adjacent to the address h. 23/2 Shinaraneri Street, Ajapnyak administrative district, Yerevan city, construction works of a metal structure (kiosk) were carried out arbitrarily without land use rights and without proper permission, and the land plot encumbered by it is actually used illegally, as there are no rights formalized in the manner prescribed by the legislation of the Republic of Armenia for this land plot and the existing structure.
   b. The aforementioned arbitrary metal structure (kiosk) actually encumbers the land plot owned by the Yerevan community, 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 point 2 of Article 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) constructed before the entry into force of this law and registered in accordance with the procedure established by the Government's decision (hereinafter also referred to as the Government's decision in this article) establishing the procedure for the registration of unauthorized constructions. The Government may establish peculiarities for the legalization of unauthorized constructions (sections of unfinished unauthorized constructions) provided for by this part.

Accordingly, in accordance with part 1 of Article 188 of the Civil Code in force at the time of the emergence of legal relations, a building, structure or other construction built or reconstructed or placed 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 or urban planning norms and rules established by the permission, is considered an unauthorized construction, 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 an unauthorized construction located on a state or community-owned land plot 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, the peculiarities of registration of rights to real estate with unauthorized constructions are regulated by the law on state registration of rights to property and other legal acts adopted on its basis.

At the time of the emergence of legal relations, point 2 of Decision No. 912-N of May 18, 2006, of the Government of the Republic of Armenia, which was in force, stipulates that 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.

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 May 18, 2006, of the Government of the Republic of Armenia, the head of the community, on his own initiative, makes 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 rights of ownership and other property rights of citizens and legal entities over land plots are 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 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 5 of Part 1 of Article 52 of the Law of the Republic of Armenia "On Local Self-Government in the City of Yerevan," which was in force at the time of the emergence of legal relations, the Mayor submits to the Council of Elders the annual program for providing for use and alienating property considered to be the property of Yerevan, and accordingly disposes of property considered to be 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 suspension of unauthorized constructions and the elimination of unauthorized constructions, as well as illegal

work carried out by the heads of administrative districts towards the suspension and elimination of land use.

According to part 3 of Article 36 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 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 from 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.

According to sub-point 8 of point 2 of Decision N 315-N of the Council of Elders of the City of Yerevan dated December 23, 2020 (amended by Decision N 413-N of the Council of Elders of the City of Yerevan dated July 13, 2021), a self-built structure on a land plot owned by the Yerevan community, regardless of the 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 procedure, 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 dated May 18, 2006, as well as the requirements of sub-point 8 of point 2 of Decision N 315-N of the Council of Elders of the City of Yerevan dated December 23, 2020 (amended by Decision N 413-N of the Council of Elders of the City of Yerevan dated July 13, 2021):

I DECIDED

1. Not to legalize the self-built metal structure (kiosk) located next to building N 23/2 on Shinartarneri Street in the Ajapnyak administrative district, on a land plot owned by the community, without land use rights and without appropriate permission.
2. To instruct the head of the Ajapnyak administrative district of the City of Yerevan to dismantle the self-built metal structure (kiosk) located next to building N 23/2 on Shinartarneri Street, on a land plot owned by the community, without land use

right of state registration, to use, and to free the plot of land, which is communal property, from illegal possession of the metal structure (kiosk) illegally built on the plot of land that is communal property.

3. To propose to the Head of the Yerevan City Department of the Police of the Republic of Armenia, in accordance with point 2 of this decision, to ensure the maintenance of public order at the relevant location during the application of administrative enforcement measures by the Yerevan City Hall.

4. To instruct the Head of the Ajapnyak administrative district of Yerevan city to recover the costs associated with 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 of the Yerevan City Hall 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