Legal Consultation in the towns of Alaverdi, Tashir, Stepanavan, Spitak of Lori Region

In February 2010 six citizens applied to HCA representations in Alaverdi, Tashir, Stepanavan, and Spitak towns for legal consultation. The organization has made corresponding letters for four citizens to get solutions to their problems.

The citizens have applied for the following questions:

Tashir

The Right to Damage Compensation

During the earthquake of 1988 the house belonging to M. B. in the village of Shirakamut, was damaged and became dangerous for living. The mother-in-law of the citizen became disabled of second group because of the physical injury during the earthquake.

By 2008 their family had been included in the list of homeless families. Nevertheless, in 2008 they turned to the village mayor and were informed that their family was not included in the list of the homeless families of Shirakamut as the technical conclusion given by the corresponding organization is the ground for pulling down the house which defines the fourth degree of breakdown probability.  

According to RA Government resolution 1337-N there is a determined list of the citizens having the right to the improvement of their apartment conditions by the following priorities:

families having three and more under-age children    

families having a member fallen a victim to the earthquake

families having a member of the first group of disability caused by the earthquake

families having adopted two-sided parentless child

families with an under-age child having lost one of the bread-winners

the elderly living alone  

families having a member with second group of disability caused by the earthquake.

The mother-in-law of the citizen has a second group of disability due to the physical injury during the earthquake. Consequently, the above-mentioned list does concern the family.

The organization has made a letter for the citizen to the control service of RA president.

2. Citizen O. Gh. was dismissed from his job according to the requirements of point 7 of article 113 of RA Labor Code. According to this article the employer can fire the employee if the latter 1) has destroyed or lost the property of the employer or has robbed the workplace, 2) has put the protection of the property of the employer under damage, 3) has mistrust among consumers, clients or colleagues of the employer as a consequence of which the employer has suffered damage or could have suffered damage.

Following the requirements of the law it is supposed that employer’s order should have concretely mentioned one of the three grounds for mistrust.  Whereas, the employer mentions in his order about the mistrust for preventing the non-material damages and further damages to the school.” This formulation does not correspond to any of the provisions of the law, consequently, there is no relevant fact presented there (for instance, description of the damage or the size in drams). Such a formulation cannot have a legal power and cannot serve a ground for dismissal.

On November 17, 2009 O. Gh. submitted an application to the Minister of Education and Science in connection with several violations of RA Labor Code performed by the school headmaster of Sarchapet village, Lori region.  On November 26 the application was readdressed to RA state labor department after which investigation started in Sarchapet School on December 22-30, 2009.

It turned out that the headmaster referred to the requirements of point 7 of article 113 of RA Labor Code in his order, but it should have been be sub-point 7 of point 1 of article 113.

The Lori regional administration carried out investigations in the school of Sarchapet village related to the fact of dismissal.  

On December 15, 2009 the governor of Lori region sent a letter to the school headmaster of Sarchapet village stating: “According to the report of A. Manukyan, the head of the personnel of Lori regional administration, Ofelya Ghulinyan, the teacher of Physics and Computer Sciences, was dismissed from her position without any grounds and now I suggest annulling your order #19 of December 17, 2009 and restoring her in her position at school and paying her for the compulsory time waste.”

The authority in charge of actual supervision has also recorded that the dismissal was groundless. However, in this case as well, O. Gh. hasn’t been restored.

Besides, in his order on the dismissal of the teacher, the headmaster also referred to the records of the general assembly of the pedagogical staff with different dates and with different signatures for the same people.  

The organization has made a corresponding application for O. Gh. and submitted a petition to the court asking to appoint a handwriting expertise. The trial started on March 30, 2010 and it is still underway.  

Alaverdi 

The Right to a Fair Trial  

3. The citizen had an accident and got an injury. He went to hospital and spent some amount of money. What document can prove the injury and how is it possible to claim compensation for the damage?  

The citizen can claim the compensation through court for which it is necessary to present documents proving the expenses.

Right to freedom of information, criminal law 

4. The head of Arevatsag village has rejected a villager in giving a reference on his family composition justifying that he did not pay the land tax.

Moreover, the mayor turned to the regional governor for obliging the citizen to pay the taxes, and the latter called the citizen’s employer in order to make the payment through him.

The organization made a letter for the citizen addressed to Ministry of Territorial Governance and to the Lori Regional Administration asking to ensure the execution of the citizen’s right defined by the law “On Freedom of Information”.

The organization has made an application addressed to RA Lori regional prosecutor’s office asking to prevent the illegal actions performed by the head of Arevatsag village, and to prevent such further actions.  

1. According to article 8 of RA law on “Freedom of Information” the information holder refuses to provide information if: 

a. contains state, official, bank or trade secret;

b. infringes the privacy of a person and his family, including the privacy of correspondence, telephone conversations, post, telegraph and other transmissions;

c. contains pre-investigation data not subject to publicity;

d. discloses data that require accessibility limitation, conditioned by professional activity (medical, notary, attorney secrets).

e. infringes copy right and associated rights.  

2. By RA Criminal Code it is forbidden to perform illegal operations, which do not proceed from the official competences. 

Right to Freedom of Information 

5. How can one get information on the property belonging to someone with the right of ownership? 

According to the order of the president of the State Committee of the Real Estate Cadastre adjacent to RA Government, after paying state taxes and submitting a letter of request, the citizen has the right to get information about his/her property.   

The organization has made a letter of request addressed to the State Cadastre of the Real Estate, Lori regional administration, municipality of Hallavar village. 

Spitak region 

Family Right

6. How can the citizen get divorced and deprive his wife of her parental rights? 

According to the RA Family Code, the marriage may be cancelled by divorce on the basis of the application of the spouses or one of the spouses, as well as on the basis of the application of the guardian of the spouse recognized incapable by court.

According to the same code depriving of the parental rights is possible through court for which the following grounds should exist:

they refuse to take their children from the maternity hospital without any justified reason

they avoid performing their parental obligations

they treat their children cruelly, etc.