On dismantling the metal structure (kiosk) located on the community-owned land adjacent to building No. 33 on Shinanneri Street in the Ajapnyak administrative district, and freeing the community-owned land

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 BUILDING NO. 33, SHINARARNERI STREET,
AJAPNYAK ADMINISTRATIVE DISTRICT, YEREVAN CITY, AND VACATING 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 No. 33,
   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.
   In accordance with point "b" of Article 30 of the Law "On the Fundamentals
   of Administration and Administrative Procedure", an administrative proceeding was initiated.
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, 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 No. 33,
   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 the manner prescribed
   by the legislation of the Republic of Armenia for that land plot and the existing structure.
   b. The aforementioned arbitrarily erected metal structure (kiosk) has actually
   encumbered the land plot owned by the Yerevan community, therefore it has become
   necessary to vacate 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"

according to the Government decision (hereinafter also referred to as the Government decision in this article) defining the procedure for registration of buildings constructed and self-built structures before the entry into force of this law, the regulations regarding the legalization of self-built structures in force before the entry into force of this law, including the provisions of subordinate legal acts adopted on their basis, apply to self-built structures (sections of unfinished self-built structures) registered in the manner prescribed by the Government decision. The Government may establish peculiarities for the legalization of self-built structures (sections of unfinished self-built structures) 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, a self-built structure is considered to be a building, structure or other structure constructed 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, a self-built structure cannot be recognized as legal and is subject to demolition (dismantling).
The procedure and terms for the demolition (dismantling) of such a structure 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 acquirer of the land plot with a self-built structure, bears the risks associated with the use of the self-built structure located on it and the demolition (dismantling) of the self-built structure.
According to Part 3 of the same article, the owner of the land plot has the right to demolish the self-built structure located on his land plot without applying to court. Decisions on the demolition (dismantling) of a self-built structure located on a state or community-owned land plot are made by the competent authorities defined by law.
A self-built structure 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 former state at the expense of the land plot owner.
The person who carried out a self-built structure on another person's land plot is obliged to compensate the owner of the land plot for the damage caused, including the costs of demolition (dismantling) of the self-built structure and restoration of 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 self-built structures are regulated by the law on state registration of rights to property and other legal acts adopted on its basis.
According to Point 2 of Government Decision No. 912-N of May 18, 2006, of the Republic of Armenia, in force at the time of the emergence of legal relations, self-built structures that are not subject to legalization are those:
a. whose preservation 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 facilities, or are built with significant violations of urban planning norms and rules and give rise to the right to demand compulsory servitude.
It is stipulated by point 44 of the procedure approved by the same decision 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 appendix 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 tasks 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" in force at the time of the emergence of legal relations, the annual program for providing for use and alienating property considered to be the property of Yerevan is submitted to the Council of Elders, and accordingly, the property considered to be the property of Yerevan is disposed of.
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 unauthorized constructions 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 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 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 accordance with 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 December 23, 2020, of the Council of Elders of the City of Yerevan (amended by Decision N 413-N of July 13, 2021, of the Council of Elders of the City of Yerevan), a self-constructed building 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 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, 58 and 60 of the Law "On the Fundamentals of Administration and Administrative Procedure", Decision N 912-N of May 18, 2006, of the Government of the Republic of Armenia, as well as the requirements of Sub-point 8 of Point 2 of Decision N 315-N of December 23, 2020, of the Council of Elders of the City of Yerevan (amended by Decision N 413-N of July 13, 2021, of the Council of Elders of the City of Yerevan), I DECIDED: 1. Not to legalize the self-constructed metal structure (kiosk) located next to building N 33 on Shinhararneri Street in the Ajapnyak administrative district, on a land plot owned by the community, without land use rights and without the appropriate permit. 2. To instruct the Head of the Ajapnyak administrative district of the City 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 illegally constructed metal structure (kiosk) located next to building N 33 on Shinhararneri Street, on a land plot owned by the community, used without land use rights and state registration, and to free the land plot owned by the community 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 City Hall in accordance with Point 2 of this decision. 4. To instruct the Head of the Ajapnyak administrative district of the City 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 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 Yerevan City Hall staff, the Public Order Maintenance 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