DECISION OF THE MAYOR OF YEREVAN

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

ON DISMANTLING THE METAL STRUCTURE (KIOSK) LOCATED ON THE LAND PLOT OWNED BY THE COMMUNITY, ADJACENT TO SHIRAZ STREET H.20/3, 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, adjacent to Shiraz Street h.20/3, Ajapnyak administrative district, Yerevan city, construction works of a metal structure (kiosk) have been carried out arbitrarily, without the right to land use and without appropriate permission, thereby burdening 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, adjacent to Shiraz Street h.20/3, Ajapnyak administrative district, Yerevan city, construction works of a metal structure (kiosk) have been carried out arbitrarily, without the right to land use and without appropriate permission, and the burdened land plot is actually used illegally, as there is no right formalized in the manner prescribed 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 burdened by the aforementioned arbitrary metal structure (kiosk), therefore, it has become necessary to free the said land plot from the metal structure (kiosk) burdening it.

3. Justification for adopting the administrative act.

According to point 2 of Article 2 of Law HO-397-N "On making additions and amendments 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 decision establishing the procedure for registering unauthorized constructions (hereinafter also referred to as the Government 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, in accordance with 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, reconstructed or installed 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 specified 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 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 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 former state at the expense of the owner of the land plot. The person who carried out an unauthorized construction on another person's land plot is obliged to compensate the owner of the land plot 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 the Government of the Republic of Armenia of May 18, 2006, stipulates 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.

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 of May 18, 2006, 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 RA Law "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 managed.

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 unauthorized

the work carried out by the heads of administrative districts aimed at suspending the construction of structures and eliminating unauthorized structures, 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 at its disposal 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 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 by that act. According to Subpoint 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 structure built 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 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 the Government of the Republic of Armenia of May 18, 2006, as well as the requirements of Subpoint 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: 1. Not to legalize the unauthorized metal structure (kiosk) built without land use rights and without appropriate permission on the community-owned land plot located near Shirazi Street N 20/3 in Ajapnyak administrative district. 2. 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 Protection Service of the Yerevan City Hall staff, to dismantle the structure at Shirazi Street N 20/3 in Yerevan City.

haravanyutyamb hamaynqayin sephakanutyun handisatsogh hoghamasi vra arants hoghogtagortsman iravunqi yev petakan grantsman ogtagortsvogh, hamaynqayin sephakanutyun handisatsogh hoghamasum aporeni karutsats metaghakan shinutyun@ (krpak) u anorinakn tirapumits azatel hamaynqayin sephakanutyun handisatsogh hoghamas@.
3. Arajarkel Hayastani Hanrapetutyan vostikanutyan Yerevan qaghaqi varvarchutyan petin՝ suyn voroshman 2-rd keti hamadzayn՝ Yerevani qaghaqapetarani koghmits varvarchakan harkadranqi mijotsner kirarvelu @ntatsqum, hamapatasxan vayrum apahovel hasarakakan kargi pahpanum@.
4. Handznararel Yerevan qaghaqi Ajapnyak varvarchakan shrjani ghekavarin, suyn voroshmamb naxatesvats apamontajman u dran zugordogh ayl ashkhatanqneri irakanatsman het kapvats tsakhser@՝ datakan kargov brnagandzel inqnakam karuytsn irakanatsrats andzits:
5. Suyn voroshman pahanjneri katarman kazmakerpmann u patasxa- natvutyun@ dnel Yerevani qaghaqapetarani ashkhatakazmi qaghaqashinutyan yev hoghi verahskoghutyan varvarchutyan, hasarakakan kargi pahpanutyan tsarayutyan peteri yev Yerevan qaghaqi Ajapnyak varvarchakan shrjani ghekavari vra.
6. Suyn voroshum@ uzhi mej e mtnum @ndunman pahits:
7. Voroshum@ karogh e varvarchakan kargov boghoqarkvel Yerevani qaghaqapetin kam datakan kargov Hayastani Hanrapetutyan varvarchakan dataran՝ dra uzhi mej mtrelu orvanits yerkamsya zhamketum:
8. Suyn voroshman katarman @ntatsqi nkatmamb hskoghutyun@ apahovum e Yerevani qaghaqapeti arrajin teghakal A.Pambukhchyan@.

YEREVANI QAGHAQAPETI ARRAJIN TEGHAKAL, YEREVANI QAGHAQAPETI PARTAKANUTYUNNER@ KATAROGH ARMEN PAMBUKHCHYAN
X
ARMEN PAMBUKHCHYAN
Signed by: PAMBUKHCHYAN ARMEN 3611840246