Legal Consultation in the towns of Stepanavan, Spitak, Alaverdi, Tashir and in nearby villages

In November 2010, thirteen citizens applied to Stepanavan, Spitak, Alaverdi, Tashir  offices of HCA Vanadzor to get legal consultation.

The organization has made corresponding letters of request, claims, petitions for 11 citizens to get solutions to their problems and the other two citizens were provided with oral consultation.

The citizens have applied for the following questions:

Spitak town and nearby villages

Right to Property

1. A citizen's family was included in the list of homeless people due to the Spitak earthquake and the family had the right to get a two-room apartment. On October 5, 2010, the Commission on distribution of apartments made a decision to remove the family from the list justifying that the citizen's living conditions have improved and that he/she owns an apartment.

Can the circumstance that the citizen owns an apartment serve a basis to deprive the other members of his/her family of their right to get an apartment?
How can the citizen appeal the commission's decision?

The following issues are regulated by RA Government resolutions 432 made on 10.06.1999 and 1402 made on 26.11.2009, according to which if the citizen is still in registration and has left for another place, has died or in some other ways has lost his/her right to remain in registration, then the right of the other members of his/her family is preserved if the grounds for their right to be considered a family in need for improvement of housing conditions has not been abolished. Therefore, the Commission should have removed the owner's name from the list and provide the other members of his/her family with an apartment.
An application has been made for the citizen to turn to RA Administrative Court.

Four other citizens have applied to HCA Vanadzor with the same issue.

2. The municipality of Spitak made a contract with a citizen, according to which he is obliged to  hand in his own land and demolish his house in return for a three-room apartment with a basement. The municipality has not realized its obligation so far.

Can the citizen make the municipality fulfill its obligation prescribed in the contract?

An exchange contract has been signed between the municipality and the citizen, and as far as the citizen has fulfilled his part of obligation then the municipality has to fulfill its part of obligation.

It is necessary to apply to the Spitak municipality demanding to fulfill the contract obligations and in case of rejection go to the court.

An application has been made for the citizen to be addressed to the municipality of Spitak requesting fulfillment of obligations.

Three other citizens have applied to the organization with the same issue.  

3. How can a property with co-ownership be sold if one of the owners has been recognized absent?

It is necessary to submit a claim to the court with the request to separate the part of the property through demand of money or goods.
Social Right

4. How  can a citizen restore his/her length of service in work, if the documents cannot be found in the archive?

According to the legislation if there is no labor card or if there are no records in the labour card or there are no other documents, the length of service in work is approved by a reference from the archive, and in case of its absence it is approved through court.

An application has been made for the citizen to be submitted to the Court of Common Jurisdiction with the claim of confirming the fact of legal importance.

Two other citizens have applied to HCA Vanadzor with the same issue.

The Right to Trial

Can an assignee of an aggrieved get the decision on starting a criminal case and find out the reason for delaying the case?

The  assignee of an aggrieved has the right to get familiar with the accusation, to get the copies of decisions made on stopping a criminal case, on stopping a criminal persecution, on inclusion of someone as an accused without any charge.

A petition has been made for the citizen to ask for the copies of decisions.

Alaverdi and nearby villages

Family Right

1. How is divorce registered?

Divorce is registered in the Office of Civil Registration by submitting a bilateral application. If the spouses do not agree then divorce can be registered through court by submitting an application from the concerned party. 

2. How can a citizen get information on his/her fines and surcharges in the Tax Department?

According to RA Constitution and the law “On Freedom of Information” everyone is entitled with the right to get the information he/she is searching for. Only information including confidentiality can be restricted.

An information request has been made for the citizen.