Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

Unofficial translation. (c) Soyuzpravoinform LLC

Name of the Republic of Armenia

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF ARMENIA

of February 27, 1998 No. PKS-92

On case "About determination of question of compliance of parts two, third, fourth and fifth Article 22 of the Law of the Republic of Armenia "About real estate" adopted by National Assembly on December 27, 1995 to Article 8 and part two of article 28 of the Constitution of the Republic of Armenia

Constitutional court of the Republic of Armenia under the chairmanship of the Chairman of the Constitutional court G. Arutyunyan, as a part of the vice-chairman of the Constitutional court V. Oganesyan, members of the Constitutional court A. Gyulumyan, F. Tokhyana, G. Nazaryan, R. Papayan, V. Pogosyan, V. Saakian, M. Sevyan,

with participation:

the official representative of the President of the Republic of Armenia, the manager of legal department of the office of the President of the Republic of Armenia V. Gasparyan attracted as the defendant in case of the representative of National assembly of the Republic of Armenia, the head of legal service of National assembly V. Nazaryan

Having heard the message of the speaker on case, the vice-chairman of the Constitutional court of the Republic of Armenia V. Oganesyan, explanation of the representative of the President of the Republic of Armenia V. Gasparyan and the representative of National assembly of the Republic of Armenia V. Nazaryan, having researched the Law of the Republic of Armenia "About real estate" and other documents which are available in case, the Constitutional court of the Republic of Armenia

ESTABLISHED:

2. The addressed party, mentioning provisions of Article 8 and part two of article 28 of the Constitution, notes that the Constitution directly differentiates essentially different types of the termination of the property right: deprivation of property and property acquisition.

Meanwhile, parts two, third, fourth and fifth article 22 of the Law RA "About real estate" establish provisions to which compliance question with Article 8 and part two of article 28 of the Constitution in law-enforcement practice there are mutually exclusive approaches.

According to explanation of the representative of the President of the Republic of Armenia property acquisition as exclusive measure of forced withdrawal of property at the legal owner in each separate case shall be made for needs of society and state under the law according to which:

- exclusiveness of specific case of alienation will be proved,

- the size and procedure for the preliminary equivalent compensation following from real market value of property will be established

- the procedure of alienation will be established.

The representative of National assembly - the body which adopted the Law of the Republic of Armenia "About real estate" - V. Nazaryan, not excepting circumstances of contradiction of other provisions of the Law RA "About real estate" reasoned for Constitutions about which, however, the application was not submitted to the Constitutional court the fact that the considered provisions of article 22 of the mentioned law contain indistinct and wrong formulations, however Constitutions of RA do not contradict.

3. Article 22 of the Law of the Republic of Armenia "About real estate" is entitled "Alienation of real estate for needs of society and state". Provisions of Article aim to settle legislatively and from the law-enforcement point of view to promote stipulated in Article 8 and part two of article 28 of the Constitution both to process of alienation of real estate, and protection of the rights of the owner.

In parts two, third, fourth and fifth article 22 of the Law it is told:

"The amount of equivalent compensation for real estate for needs of society and state is determined by the order of the Government of the Republic of Armenia, based on result of negotiations between the Government of the Republic of Armenia and the owner of the real estate which is subject to alienation, and on written consent of the owner of the real estate which is subject to alienation.

Full text available with active License only!

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 38000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.