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The Citizen’s Rights restored

Ms N.H. applied to Yerevan Anti-Corruption Center (former Yerevan AAC) with request to support to restore her infringed rights. The problem was that Yerevan Municipality had neglected N.H.’s rights and disposed to her neighbor the land which was located just in front of the entrance into the beneficiary’s house. At the same time the Municipality did not consider the fact that it was the only way for N.H.’s entering her house and without any prior administrative notification and neglected the fact that N.H. had no other way to enter her flat. Based on the decision of the Municipality Nelly Hayriyants’ neighbors’ ownership right was registered in the corresponding subdivision of the State Committee of the Real Estate Cadastre under the RA Government. As a result N.H. was deprived of possibility to enter into her flat that belonged to her on ownership right. Karen Hovhannisyan, Advocate of “Development of AAC National Network” project was involved in the case to represent the beneficiary’s rights in the court. At the Administrative Court of the RA, presiding judge Argishti Ghazaryan considered the Administrative Case and rejected it on the 14th of May 2012. The judge’s decision of rejection was ungrounded, claiming that N.H. lacked the property rights over the flat, when in fact these property rights still applied to her. The decision was appealed in the RA Administrative Court of Appeals. By decision of 11.10.2012 the Administrative Court of Appeals annulled the decision of the subordinate court and amended: The corresponding decision of the Yerevan Municipality and the state registrations made in result of this decision were recognized partially void and N.H.’s rights were restored.

 

 

The success story is borrowed from www.aac.am.

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