The results of legal consultations in June in Vanadzor

15 citizens applied to Helsinki Citizens’ Assembly-Vanadzor for legal consultation In June 2008.

  In Vanadzor, one of the issues arisen by citizens was related to the violation of social right.
  Right to Health Maintenance
  1. The child is making use of his/her right to getting free of charge medicine as defined by law, but the polyclinic refuses to give the relevant medicine. The actions of the polyclinic employees are not in line with the law, consequently they have been appealed in higher instances – Healthcare Department of RA Lori regional administration and RA Healthcare Department.
  The citizens’ inquiries concerned both human rights and the legislative mechanisms, which provide the application of the law.
  Right to ownership
  2. A citizen borrowed $ 200 from someone provided that he returns little by little. Based on this agreement he tried to pay off his debt but the lender came to his flat with two other strangers, took the TV set by force and went away.
  According to RA Criminal Code illegal plunder of someone’s property is considered an action subject to criminal liability despite the existence of debt.
  3. Does a citizen have a right to privatize the territory allocated to him with the right to use it by the court decision?
  The citizen’s right to use the given territory is not a basis for its privatization. Privatization is allowed only to the owners of the property, whereas the citizen was given the right only to use it and not to own.
  4. How can one get his/her share of the property of which he/she is a co-owner?
  According to RA Civil Code, the property belonging to several co-owners is divided between them if that property, as well as its parts do not lose their main meaning as a result. For example it is impossible to divide a 2-room flat between co-owners but only the price can be divided. If there is no agreement on dividing either the price or the property then it is necessary to apply to court with such claim.
  Family/Domestic right
  5. What are the rights and obligations of a parent after divorce if one of the parents takes care of the child?
  According to RA Family Code, the spouses have obligations only for their under age children. According to law, after divorce the parents are equally obliged to take part in the child’s upbringing, to earn the child’s livelihood and pay alimony.
  6. How can one prove the fact of paternity, if the parents are not married according to law and if the mother doesn’t admit the fact of paternity?
  According to RA Family Code, in case of mutual agreement between the parties, the fact of paternity is registered in the regional structure of Registration office of Civil Acts by submitting a joint application. In case of disagreement the fact of paternity is decided in the court.
  7. What kind of rights does have a wife after divorce for real and movable property belonging to her husband as a right of ownership?
  According to RA Family Code, the joint ownership of the spouses does not include the property they owned or the property given to them as a gift before their marriage. Therefore, neither after marriage or after divorce the wife can acquire any right to the real estate and movable property of her husband, which he owned before his marriage.
  Civil Right
  How can a death be registered if the citizen died abroad, no body examination has been carried out, a medical conclusion and death certificate has not been given? At the same time, the Regional Structure of Registration office of Civil Acts did not register the fact, in spite of the circumstance that the citizen had been buried in the territory of Armenia.
  According to RA law, “On Registration of Civil Acts” the registration of deaths out of Armenia is done on the basis of medical conclusion (certificate) from the place of death. If there is no such a certificate, the registration office can register the death based on the court decision. Therefore, first of all it is necessary to apply to court with the request of confirming the death fact, which is of legal significance. As a proof, it is necessary to present information about the burial a relevant burial place.
  9. A citizen has an Armenian passport which validity period has expired, at the same time, he has acquired citizenship of another country and its passport, on which he didn’t appropriately inform the Republic of Armenia. What kind of liability can he be subjected to?
  According to RA law “On Administrative Legal Violations” the citizen of Armenia, who has acquired citizenship of another country and didn’t inform the Republic of Armenia as prescribed by law he is to pay a fine in the amount of fifty minimal wages.
  10. To which country a citizen should fulfill his obligations of military service if he acquires citizenship in another country?
  According to RA law “On Military Service”, the person acquiring citizenship of another state isn’t released from his duties of compulsory military service, even if he has already served in the country of second citizenship.
  The Right to Appeal a Court Decision
  11. How can an administrative act adopted by the medical-social commission on not appointing a group of disability be appealed?
  The decision adopted by the social-medical commission - the administrative act - can be appealed in the court. For higher instances it is necessary to apply to RA Ministry of Labour and Social Affairs, and for appealing in the court it is necessary to submit an application to the court of common jurisdiction.
  The Right to Inheritance
  12. What is the legal mechanism of passing the property to the only son if the husband is dead?
  According to RA Civil Code, other people inherit one’s property after his/her death according to law or by a will. Parents, children and the husband are considered the first heirs. In this case, the child inherits the property after the parent’s death without any deal or will.