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Name of the Republic of Armenia

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF ARMENIA

of February 4, 2014 No. PKS-1137

On the case of check of constitutionality of the subitem 5 of part 1 of article 30 of the Law of the Republic of Armenia "About state registration of the property rights" at the request of administrative court of the Republic of Armenia

Constitutional court of the Republic of Armenia as a part of G. Arutyunyan (chairman), K. Balayana, F.Tokhyan, M. Topuzyan, A. Hachatryana (speaker), V. Ovanesyan, G. Nazaryan, A. Petrosyan, V. Pogosyan,

With participation (within the written procedure) the attracted as the defendant in case, official representative of National Assembly of the Republic of Armenia, the adviser of Management of examination of the Office of National Assembly of the Republic of Armenia S. Tevanyan,

according to Item 1 of Article 100, Item 7 of part 1 of article 101 of the Constitution of the Republic of Armenia, 25 and 71 articles of the Law of the Republic of Armenia "About the Constitutional Court",

in proceeding in open court within the written procedure considered case on check of constitutionality of the subitem 5 of part 1 of article 30 of the Law of the Republic of Armenia "About state registration of the property rights" at the request of Administrative Court of the Republic of Armenia.

Having studied the written message of the speaker on case, written explanations of the claimant and defendant, researching the Law of the Republic of Armenia "About state registration of the property rights" and other case documents, the Constitutional Court

found out:

1. The law of the Republic of Armenia No. ZR-295 was adopted "About state registration of the property rights" by National Assembly on April 14, 1999, signed by the President of the Republic of Armenia on April 30, 1999 and became effective since May 6, 1999.

The provision challenged from the claimant was added in the Law of the Republic of Armenia "About state registration of the property rights", accepted on June 23, 2011. The national assembly signed on July 19, 2011 by the President of the Republic of Armenia and which became effective since January 1 the Law No. ZR-247 "About changes in the law of the Republic of Armenia "About state registration of the property rights"".

The subitem 5 of part 1 of article 30 of the Law says: "1. The authorized body performing state registration shall refuse state registration of the right if … 5) the right or the individual legal act determining restriction it was accepted by body or the official who does not have power for its acceptance or the right or the individual legal act determining restriction does not conform to requirements of the law or regulatory legal act which is basis for its acceptance".

2. Follows from background of case in point: on the basis of resolutions of Council of the Community of Ijevan of June 21, 2003 and on April 12, 2007. "About provision of sites for the purpose of town planning" tender for provision of the parcels of land for the purpose of gradostroitelsky works with the right to construction in which the citizen Suren Sardaryan was recognized as the winner took place on March 10, 2008.

The mayor of Ijevan approved by the decision No. 38 of March 10, 2008 final protocols of tender, according to the table according to which, the parcel of land of 800 sq.m, at the address Ijevan, Ulitsa Oganyana 78, was provided to Suren Sardaryan with the right to construction with the term of 99 years.

Concerning this site with request for registration of the rights following from the decision of the mayor of Ijevan No. 38 of March 10, 2008, Suren Sardaryan addressed on January 23, 2013 to the State committee of the inventory of the real estate under the Government of the Republic of Armenia, (further - the State committee of the inventory of the real estate) and was refused.

Suren Sardaryan appealed to Administrative Court of the Republic of Armenia, with request to oblige the State committee of the inventory of the real estate to register the right to public construction on the parcel of land of 800 sq.m, at the address Ijevan, Ulitsa Oganyana 78.

The resolution of February 26, 2013. Administrative court of the Republic of Armenia the action for declaration was adopted to production.

The administrative court of the Republic of Armenia the resolution No. VD/1238/05/13 of September 27, 2013 suspended trial of case and appealed to the Constitutional Court for check of constitutionality of the subitem 5 of part 1 of article 30 of "The law of the Republic of Armenia on state registration of the property rights".

3. The claimant believes that the disputed law, any other law powers, procedure and conditions of their execution by the official of the State committee of the inventory of the real estate to check and estimate legality of the legal act adopted by other administrative authority are not determined.

For reasons for the line item the claimant notes that in article 2 of the law the concept "single State Immovable Property Cadastre" is this, and according to the order of the Government of the Republic of Armenia No. 442 of June 28, 1999, maintaining the single State Immovable Property Cadastre includes state registration of the rights of property, accounting, estimation of the real estate, creation and management of information bank, and also creation of cadastral maps.

According to the claimant, for check of compliance and establishment of discrepancy of the legal act determining the right or restriction and the law or the regulation, the being basis for adoption of the legal act, action of officials of the State committee of the inventory of the real estate 9 Constitutions of the Republic of Armenia do not meet the requirements of Articles 1, of 5,.

Comparing legal acts of article 35 of the Judicial code of the Republic of Armenia with Articles 3 and 65 of the Administrative Procedure Code of the Republic of Armenia, the claimant came to conclusion that legality of the administrative act adopted by administrative authority or the official is subject to estimation exclusively judicially for now the individual legal act in administrative or legal process is not nullified, taking into account the principle of legal definiteness, everyone shall proceed from presumption that this legal act is adopted within the powers determined by the Constitution and the laws of the Republic of Armenia, therefore, this legal act is legal, and any person including the state body cannot call into question legality of this legal act.

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