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 H.23, 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 H.23, Shinaraneri Street, Ajapnyak administrative district, Yerevan city, construction works of a metal structure (kiosk) have been 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 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, through 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.23, Shinaraneri Street, Ajapnyak administrative district, Yerevan city, construction works of a metal structure (kiosk) have been carried out arbitrarily without land use rights and without appropriate permission, and the land plot encumbered thereby is actually used illegally, as there is no right 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 aforementioned arbitrary metal structure (kiosk) actually encumbers 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:
   Point 2 of Article 2 of Law HO-397-N "On Making Additions and Amendments to the Civil Code of the Republic of Armenia"

according to the Government decision defining the procedure for the registration of unauthorized structures built before this law entered into force (hereinafter also referred to in this article as the Government Decision), the regulations regarding the legalization of unauthorized structures in force before this law entered into force, including the provisions of sub-legislative acts adopted on their basis, apply to unauthorized structures (sections of semi-constructed unauthorized structures) registered in the manner prescribed by the Government Decision. The Government may define specific features for the legalization of unauthorized structures (sections of semi-constructed unauthorized structures) provided for by this part.

Accordingly, pursuant to part 1 of Article 188 of the Civil Code in force at the time the legal relationship arose, an unauthorized structure is considered to be a building, construction, or other structure 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 defined by the permission or urban planning norms and rules; and according to point 1 of part 1, an unauthorized structure cannot be recognized as legal and is subject to demolition (dismantling).

The procedure and deadlines for the demolition (dismantling) of such a structure are defined 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 a land plot with an existing 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 their land plot without applying to court. The decision on the demolition (dismantling) of an unauthorized structure located on a land plot that is state or community property is made by the competent authorities defined by law.

An unauthorized structure located on another person's land plot is subject to demolition (dismantling) upon the lawsuit 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 owner of the land plot.

A person who has carried out an unauthorized structure on another person's land plot is obliged to compensate the damage caused to the owner of the land plot, including the costs of demolition (dismantling) of the unauthorized structure and restoration of the land plot to its previous state.

According to part 6 of the same article, the specific features of the registration of rights to real estate with the presence of unauthorized structures are regulated by the law on state registration of rights to property and other legal acts adopted on its basis.

Point 2 of Decision No. 912-N of the Government of the RA dated May 18, 2006, in force at the time the legal relationship arose, stipulates that the following unauthorized structures 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 the 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 Appendix to Decision No. 912-N of the Government of the Republic of Armenia of May 18, 2006, the head of the community makes a decision on his own initiative 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 right, 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 Part 5 of Article 26 of the Law "On Urban Development", the head of the community in the territories of communities 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, he submits to the Council an 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 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 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 corresponding 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 the manner prescribed by Article 59 of the same law, unless otherwise provided by law or by that act.

According to point 8 of sub-point 2 of Decision N 315-N of December 23, 2020, of the Yerevan City Council (amended by Decision N 413-N of July 13, 2021, of the Yerevan City Council), a self-built structure 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 factual and legal justifications mentioned above and the evidence obtained during the initiated administrative procedure, 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 Yerevan City", Article 9, Part 2 of the Law "On Local Self-Government", the provisions of 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 point 8 of sub-point 2 of Decision N 315-N of December 23, 2020, of the Yerevan City Council (amended by Decision N 413-N of July 13, 2021, of the Yerevan City Council) —
I DECIDED:

1. Not to legalize the metal structure (kiosk) self-built without land use rights and without appropriate permission on the community-owned land plot adjacent to building N 23, Shinhararneri Street, Ajapnyak administrative district.
2. To instruct the head of the Ajapnyak administrative district of Yerevan City, with the assistance of the Urban Development and Land Control Department and the Public Order Maintenance Service of the Yerevan City Hall staff, to dismantle the metal structure (kiosk) illegally built on the community-owned land plot adjacent to building N 23, Shinhararneri Street, used without land use rights and state registration, and

to release the land plot constituting community property from illegal possession.
3. 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 Municipality.
4. 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. Place the organization and responsibility for the execution of the requirements of this decision upon the Heads of the Urban Development and Land Control Department and the Public Order Protection Service of the staff of the Yerevan Municipality, and the Head of the Ajapnyak Administrative District of Yerevan City.
6. This decision shall enter into force from the moment of its adoption.
7. This decision may be appealed through administrative procedure to the Mayor of Yerevan or through judicial procedure 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 course of execution of this decision shall be ensured by the First Deputy Mayor of Yerevan, A. Pambukhchyan.

TIGRAN AVINYAN