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From the Road Police Fine to Amnesty: the Clarifications of a Lawyer

Iravaban.net always receives various questions from Facebook.com social network users. From now on we will post the answers on the website. Arnold Vardanyan, a lawyer and a member of Armenia’s Young Lawyers Association, answered the questions.

Question – Can the 23 year old orphan get free education in a higher education institution?

Answer – No, because in case of getting sufficient marks for studying in the paid system only students, who are under 23 and live without the care of their parents, can get free education.

Question – I was fined by 20,000 AMD for passing the street under the red light. I think the decision was wrong because that was another car’s fault. Now I want to appeal, but first I would like to ascertain whether it is worth doing or not.

Answer – The person’s legal right of appealing belongs to the rights which are vested by the Constitution and are not subject to restriction, and if a person finds that there has been a violation of his rights, he applies to the Court using his Constitutional right. As for your case, taking into account the circumstances I have mentioned, if you think that there has been a violation of your rights, you may appeal to the Administrative Court and litigate the administrative act that was mad by the Court.

Question – Is the 18 year old boy released from army if he has two children?

Answer – If the conscript got a right to be released from the obligatory military service and receiving deferment, or he has distinct family circumstances and two or more children as in your case, then he is released and is registered in the reserve line within a period of a month. The Minister of Defense defines the detachment of the soldiers.

Question – Is it allowed to be registered and work in two places simultaneously?

Answer – Yes, it is, and it is considered a part-time job. According to Article 99 of the Labor Code the part-time job is the job of the employee which is out of the main working hours and is based on the agreement signed by the same or different employer. It is mentioned in the employment contract that the job is part-time. The annual paid holidays of the part-time workers are provided at the same time with the annual holidays provided in the main workplace. In case of dissolution of the employment agreement of the part-time worker, the latter does not receive a severance pay.

Question – Does the amnesty have effect on a person who has already received it once, but now is charged by another article?

Answer – The answer to the question depends on the content of the applied amnesty act, if the «another article» that you mentioned is included in the amnesty act, the restriction cannot be applied, because the amnesty act has a normative character.

Question – If I received the protocol of my transport violation after 3 years, is it still in force or may I appeal?

Answer – Any administrative appeal can be made during a 2-month period after the administrative act entered in force. The answer to your question depends on the time when you have been informed about the presence of the transportation violation protocol, and from that time on you can start to appeal.

Question – I bought a car, but there has not been any register process in the Police. Now the owner of the car is dead, and the heirs do not want to open the will explaining that two of the heirs are abroad and it is difficult to contact them, they cannot even send a credential. What can I do in this case?

Answer – As the purchase of your vehicle was realized without maintaining the procedures defined by law, then it is obvious that you do not have any right on that property. As for considering the vehicle a patrimony, first of all, I will say that the argument of not opening the will is not appropriate, because the time of the opening of the patrimony is the day of the death of the citizen, that is to say, the problem is in accepting the patrimony, and this right only belongs to the heirs defined by law, of course, if there is no will.

Iravaban.net

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