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In November-December 2009, eight citizens applied to Helsinki Citizens’ Assembly-Vanadzor centers in Stepanavan, Tashir, Alaverdi and Spitak cities aiming to receive free of charge legal consultation.

The issues for which citizens have applied to the centers are as follows:

Tashir

The right to Trial

1. On June 29, 2009 a citizen was dismissed from her job in accordance with the order #19 made by the director of school #2 in the town of Tashir. The director justified the dismissal by the third sub-point of the first paragraph of article 221 of RA Labour Code. The citizen did not agree and applied to the Ministry of Education. From July 13 to 18, 2009, RA State Department of Education initiated study at school 2 in Tashir. As a result of study it was found out that the first paragraph of article 221 of Labour Code does not include such a sub-point according to which the employee had been dismissed. Thus, the Ministry of Education ordered to annul the order of dismissing the employee from her work.
On August 4, 2009, the director of the school restored the employee in her previous job in accordance with his order #24.

On October 1, 2009, in accordance with order #19, the teacher was again dismissed and her dismissal was justified by the 7th sub-point of point 1 of article 113 of the Labour Code for which served a basis the results of the study carried out by a senior specialist of the department of education, culture and sports of RA Lori regional administration,.

The mentioned study was conducted without the employee’s participation and she was not familiarized with the protocol.

A claim against the department of education, culture and sports of RA Lori regional administration has been prepared for the citizen to be submitted to RA administrative Court demanding to annul the reference of the department of education, culture and sports of RA Lori regional administration and the order of the school director.

On December 8, 2009 RA Administrative Court  rejected to take the claim into proceeding justifying that the claim shall not be heard in the Administrative Court.
In 2009 an application with the same claim was made and submitted to the Court of Common jurisdiction of Lori region and on January 13, the Court of Common jurisdiction of Lori region decided to give the claim back justifying that the case shall be heard in the Administrative Court.

In January 2010 an application with the same claim was made and submitted to the Court of Common jurisdiction of Lori region and the Administrative Court. The decision of the Court of Common jurisdiction of Lori region was enclosed to the application of the Administrative Court and the decision of the Administrative Court was enclosed to the application of the Court of Common jurisdiction of Lori region.

On January 26, 2010 the Court of Common jurisdiction of Lori region made a decision to take into proceeding the claim of annulling the director’s order and to reject the claim of annulling the reference of the department of education, culture and sports of RA Lori regional administration.

On January 25, 2010 RA Administrative court again rejected the claim justifying that the claim shall be heard in RA courts of   Common Jurisdiction.

On February 2, 2010 an appeal was made against the decision of the Administrative court.

2. A citizen applied to the court with the claim of confiscating his salary which has not been paid. The trial was put off in order to clarify the conditions. The citizen wants to know whether the court could put off the trial. The citizen was explained that the court had the right to study any material related to the case and thus to put off the trial.

Stepanavan

Family Right

3. The citizen’s problem is that her husband has expelled her from the flat and does not allow her to visit the children. How can the citizen restore her right to see her children?

The citizen was advised to apply to court.

4. How can a citizen get divorced if there is no agreement by the spouse, and divide the property obtained during their marriage?

The citizen was advised to apply to court.

Right to Property

5. The citizen has lent some money for which he has a loan contract ratified by the notary, he has a receipt but he has not been returned the money in due time. How can the citizen get his/her money back?

A claim of confiscation has been made up for the citizen addressed to the court.

6. How is it possible to accept heritage?

It’s necessary to turn to the notary office within six months, get a heritage certification and submit it to RA state cadastre committee of real estate to register the right to ownership.

Spitak

Right to Property

7. As a result of property privatization program a villager got a land with an ownership right, a part of which was illegally occupied by his neighbor who registered his ownership right for it.  The citizen has applied to the municipality with the request of getting a reference certifying that the land belongs to him but the municipality has rejected.
How can the citizen get back the seized land?

The organization prepared a letter addressed to the municipality. The municipality has not provided a response.

Information Right

8. How can a citizen get information from the state committee of the Real Estate cadastre?

The citizen has been explained how to make an information inquiry, and it was prepared for sending to the state committee of the Real Estate cadastre.