Name of the Republic of Armenia

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF ARMENIA

of April 18, 2006 No. PKS-630

On case "About determination of question of compliance of Article 218 of the Civil code of the Republic of Armenia, Articles 104, 106 And 108 Land codes of the Republic of Armenia, the Orders of the Government of the Republic of Armenia No. 1151-N "About actions for implementation of programs of building in administrative border of community Kentron of Yerevan", accepted on August 1, 2002, article 31 of the Constitution of the Republic of Armenia

Constitutional court of the Republic of Armenia as a part of the Chairman of the Constitutional Court G. Arutyunyan, the vice-chairman of the Constitutional Court V. Oganesyan (speaker), members of the Constitutional Court K. Balayan, G. Daniyelyan, F. Tokhyan, Z. Ghukasyan, G. Nazaryan, R. Papayan, V. Pogosyan,

with participation:

the applicant - the Defender of human rights of the Republic of Armenia A. Arutyunyan,

attracted as defendants in case - the official representative of the President of the Republic of Armenia - the special advisor to the president of the Republic of Armenia G. Mgeryan and the official representative of the Government of the Republic of Armenia - the Minister of Justice of the Republic of Armenia D. Arutyunyan,

according to Item 1 of Article 100 and Item 8 of article 101 of the Constitution of the Republic of Armenia, Item 1 of article 5 of the Law of the Republic of Armenia "About the Constitutional Court",

Kentron of Yerevan", accepted on August 1, 2002, article 31 of the Constitution of the Republic of Armenia considered in open session case "About determination of question of compliance of Article 218 of the Civil code of the Republic of Armenia, Articles 104, 106 and 108 Land codes of the Republic of Armenia, the Orders of the Government of the Republic of Armenia number 1151-N "About actions for implementation of programs of building in administrative border of community".

Reason for consideration of the case was the statement of the Defender of human rights of the Republic of Armenia in the Constitutional Court.

Having heard the message of the speaker on case - the vice-chairman of the Constitutional Court of the Republic of Armenia V. Oganesyan' explanations of the Defender of human rights of the Republic of Armenia A. Arutyunyan, the representative of the President of the Republic of Armenia G. Mgeryan and the representative of the Government of the Republic of Armenia D. Arutyunyan, having studied written conclusions invited as specialists T. Barsegyan, A. Vagarshyan, G. Tovmasyan, having researched Civil and Land codes of the Republic of Armenia, the Order of the Government RA number 1151-N "About actions for implementation of programs of building in administrative border of community Kentron of Yerevan" and other documents which are available in case, the Constitutional Court of the Republic of Armenia

ESTABLISHED:

1. The civil code of the Republic of Armenia is accepted by National Assembly of the Republic of Armenia on May 5, 1998, signed by the President of the Republic on July 28, 1998 and, according to the Law RA "About enforcement of the Civil code RA", became effective since January 1, 1999. Article 218 of the Code establishes:

"1. The parcel of land can be withdrawn from the owner for the state or municipal needs by compensation of its price.

Depending on for what needs the parcel of land is withdrawn, compensation of its price is performed by the Republic of Armenia or municipality.

2. The decision on withdrawal of the parcel of land for the state or municipal needs is accepted by state body.

State body, authorized to make the decision on withdrawal of the parcel of land for the state or municipal needs, and also procedure for preparation and adoption of this decision are established by the law.

3. The decision of state body on withdrawal of the parcel of land for the state or municipal needs is subject to registration in the body performing state registration of the rights to property.

4. The state body which made the decision on withdrawal of the parcel of land shall notify in writing on it the owner of the parcel of land".

2. The land code of the Republic of Armenia is accepted by National Assembly of the Republic of Armenia on May 2, 2001, signed by the President of the Republic on June 4, 2001 and became effective on June 15, 2001.

Article 104 of the Land code establishes:

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