On dismantling the metal structure (kiosk) and freeing the land plot that is community property

YEREVAN 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 IN FRONT OF THE BUILDING AT 33 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.
   In front of the building at 33 Shinaraneri Street, Ajapnyak administrative district, Yerevan city, on a land plot owned by the community, 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 Proceedings", administrative proceedings have been 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. In front of the building at 33 Shinaraneri Street, Ajapnyak administrative district, Yerevan city, on a land plot owned by the community, 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 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.
   In accordance with point 2 of Article 2 of the Law HO-397-N "On Amendments and Additions to the Civil Code of the Republic of Armenia", structures built before the entry into force of this law and arbitrary structures

accounted for in the manner prescribed by the Government Decision establishing the accounting procedure (hereinafter also referred to as the Government Decision in this article), the regulations concerning the legalization of unauthorized constructions operating 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). 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, an unauthorized construction is considered to be 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, and in accordance with 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. In accordance with 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.
In accordance with 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's land plot is subject to demolition (dismantling) at the request 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'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.
In accordance with 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.
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, 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 alienation of engineering and transport facilities or

in safety zones or are constructed with significant violations of urban planning norms and rules and give rise to the right to demand a compulsory servitude.
By point 44 of the procedure approved by the same decision, it is established that the legalization of unauthorized structures provided for by this procedure is rejected by a corresponding decision if they do not satisfy the conditions for legalization established 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 dated May 18, 2006, the head of the community, on his own initiative, adopts a decision on the legalization or demolition of unauthorized structures located on land plots considered state or community property.
According to Article 44 of the Land Code, the right of ownership and other property rights of citizens and legal entities over land plots is the right to possess, use, and dispose of them at their discretion, while maintaining 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 Development," the head of the community supervises the implementation of architectural and planning assignments given to developers, the requirements of the urban planning charters of settlements, the purposeful urban planning use of lands and fixed property in the territories of communities, as well as prevents and 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 the legal relationship arose, [the Mayor] submits to the Council of Elders the annual program for providing for use and alienating property considered the property of Yerevan, and in accordance with it, manages the property considered 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 power, organizes the work performed by the heads of administrative districts towards the suspension of unauthorized structures and the elimination of unauthorized structures, as well as the suspension and elimination of illegal land use.
According to part 3 of Article 36 of the Law "On Fundamentals of Administration and Administrative Proceedings," if, after initiating administrative proceedings, the documents necessary for adopting the corresponding administrative act are at the disposal of the administrative body, and the circumstances of the given case are sufficiently clarified and verified, then the administrative body is obliged to adopt the administrative act within a reasonable period 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 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-willed structure built on a land plot owned by the Yerevan community, regardless of its degree of completion and whether or not it is subject to legalization, 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", 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 Subpoint 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 metal structure (kiosk) self-willedly built without the right to land use and without appropriate permission on the land plot owned by the community, located in front of building N 33, Shinhararneri Street, Ajapnyak administrative district.

2. To instruct the head of the Ajapnyak administrative district of the City of Yerevan to dismantle the metal structure (kiosk) illegally built on the land plot owned by the community, located in front of building N 33, Shinhararneri Street, used without the right to land use and state registration, with the assistance of the Urban Development and Land Control Department and the Public Order Protection Service of the Yerevan City Hall staff, 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 expenses related to the dismantling and other accompanying works provided for by this decision from the person who carried out the self-willed 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 and the Public Order Protection Service of the Yerevan City Hall staff, 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