Results of Legal Consultation held in Vanadzor in July

In July 2008, 16 citizens applied to HCA Vanadzor for legal consultation.
The citizens’ inquiries concerned both human rights and the legislative mechanisms, which provide the application of the law.

  Consumers’ Rights
  1. “Lori-jrmughkoyughi” Ltd. claimed from its subscriber to pay his debt for water though the subscriber have not lived in the place during those years and consequently has not used water.
  According to the contract signed between the supplier company and the consumer, the consumer pays only for the water sanitation and for the water that he actually used. If there is no fact of using water, then the subscriber does not have to pay for it. HCA Vanadzor made up an application requesting to re-calculate the dept off the subscriber and was sent to the company with a certificate from the place of residence attesting that the subscriber did not live in that place.
  2. “Lori-jrmughkoyughi” Ltd. claimed from its subscriber to pay 430.577 AMD. The dept was as a fine for an illegal water pipe and then some commissions were calculated for the dept for ten years. During that time, the subscriber set a water meter, a relevant protocol was made on it, and the subscriber paid for the water he used. During that time the supplier company did not warn for illegal water pipe and did not ask for any fine.
The supplier company has to warn the subscriber beforehand about his/her illegal actions, for abolishing their consequences and to make a protocol. The company hasn’t done it during all those years. Taking into account this fact, HCA Vanadzor helped the subscriber to submit an application to “Lori-jrmughkoyughi” requesting to re-calculate the debt. In case of disagreement, the demand of the company will be appealed in the court.
  Right to Property/Ownership
  3. A citizen has been married, but their marriage hasn’t been registered in the registration office of civil acts. What are her rights to the house after her husband’s death?
  According to RA Family Code persons who are married de facto are not entitled the right to co-ownership towards the property gained during their marriage and they cannot have it.
  4. Without sale and purchase agreement a citizen bought an apartment at 2000 USD. His right of ownership to the apartment was not registered, it remained registered with the name of the former owner, who committed a crime and the apartment was recovered from him. How can the citizen, who bought the apartment, register his right to property? There is only a sale warrant given by the former owner and the money receipt.
  It is necessary to submit an application to the court with the request of registering the right of ownership to the apartment. At the same time it is necessary to attach the warrant and the money receipt.
  5. A citizen’s mother devised the house to his brother. The citizen insists that the house belongs to him, but he has no certificate of ownership. Can he obtain a right to ownership of the house?
  The citizen has no proof that he owns the house, therefore he cannot prove the existence of any basis for ownership defined by RA Civil Code.
  6. After divorce the husband died and his daughter inherited her father’s part of co-ownership. Can she demand her share to be separated?
  According to RA Civil Code each of the co-owners is entitles the right to demand separation of his/her share. If there is no agreement between the parties the issue is to be solved in the court.
  7. After his father’s death a citizen owns, uses his father’s house, he pays all taxes, but the house is not privatized. What can the legal consequences be if the right to ownership is not registered?
  In case of not registering the right to ownership for the house, the citizen cannot, for instance, donate or sell the house to anyone.
  Right to Heritage
  8. A grandfather wants to leave his house to his granddaughter but doesn’t know what the legal formulation of inheritance can be.
  According to RA Civil Code there are two bases for inheritance: according to law and to a will. If his granddaughter is the only successor, by law all the property of the grandfather will pass to the granddaughter without any legal formulation. The latter shall apply to the notary office within 6 months after the grandfather’s death and accept inheritance. If there are other successors but the grandfather wants to leave his property to his one granddaughter he must make a will in the notary office.
  Social Rights
  9. A citizen received reimbursement for health damage in 1983-2006 from “Lusatechnik” CJSC, which was quitted in 2007. “Lusatechnik” CJSC is under the process of liquidation and it does not have an obligation for health damage reimbursement.
  Formerly, RA Government undertook the obligation of reimbursement of health damage for citizens after the bankruptcy of establishments. But since November 2004 by RA Government’s decision the state has not had the obligation any more to reimburse for damage. Taking into account this fact the human rights defender has applied to RA government with a request of undertaking relevant measures. RA Government has developed the draft law “On Compulsory social insurance for accidents in a work place and for professional illnesses”, which has not come into force yet.
  Civil Right
  10. In 2006 a citizen of Russian Federation obtained citizenship of Armenia, received a passport of the Republic of Armenia, but he has not informed the relevant bodies about his dual citizenship, for which he was fined in the amount of 50 minimal wages. Is the fine legal?
  According to the law “On Administrative Legal violations” a fine is defined in the amount of 50 minimal wages if the citizen does not inform about his dual citizenship.
  11. A citizen stopped being registered in the territory of Armenia and in 1993, as well as he quitted his military registration. At present he wants to obtain a citizenship of Russian Federation but the regional office of passport and visa department does not give any information about the person’s citizenship, bringing an excuse that it is necessary to make a state official request. Is this excuse legally reasonable?
  According to RA Government’s resolution “On Defining the Order of a Person’s Getting Information about Citizenship” the citizen has the right to get information. So, it is necessary to submit a relevant application to the passport and visa department.
  12. Is a mayor’s application valid if it is without a notary’s certification?
  By legislation a mayor’s application is valid if there is the stamp of the municipality on it and if it is signed by the applicant. Notary’s certification is not necessary.
  Labour Right
  13. A citizen has worked for 35 years, 11 months and 4 days and this is the length of her work experience, but the pension fund calculated only for 32 years. This is because according to a reference from a construction establishment he got salary not every month. How can the years of his work be reviewed?
  It is necessary to apply to the pension fund asking for a review. In case of refusal the problem can be solved in the court.
  14. A citizen has worked in a former Soviet period collective farm, but there are no relevant observations in his working register. As a result, 8 years of his work was not registered in the pension fund and the village archive had been set on fire. From where can this information be received and how those years of work can be registered?
  Those years of work can be confirmed in the court. It is necessary to apply to the court and submit an official reference from the village municipality on the fact of fire in the archive, as well as to involve witnesses.
  Family Right
  15. Alimony, which was defined by the court decision, has not been paid for about 10 years. Is it possible to get the money, which has not been paid so far?
  If the court decision is not executed voluntarily then it is done by the law enforcement bodies for which it is necessary to go to the court and take an execution document and submit to the law enforcement agency. If the citizen has already done so but the alimony has not been paid yet, it is necessary to apply to the court again with a new claim demanding the alimony not paid for all those years. It is also necessary to bring the previous court decision, the execution document as facts.
16. A citizen was de facto married, but the marriage had not been registered as defined by law. The spouses did not have children. The house was registered on the wife with the right to ownership, who died and did not make a will. Can the citizen inherit the property of his wife?
  In order to recognize one’s right to this or that property it is necessary to apply to court assuming as a basis the limitation period for owning the property.