Free of charge Legal Consultation in the towns of Stepanavan, Alaverdi, Tashir and Spitak
00:00, September 3, 2008In July and August 2008, 5 citizens applied to HCA legal assistance centers in Stepanavan, Alaverdi, Tashir and Spitak to get legal consultation.
The issues for which people applied to HCA Vanadzor centers are as follows:
Stepanavan
The citizens’ inquiries concerned both human rights and the legislative mechanisms, which provide the application of the law.
Labor Right
1. An employing organization became bankrupt and all the necessary resources to meet the lenders’ needs are used up. The organization doesn’t have an assignee and it is in debt to a citizen in the amount of AMD 500.000 as salary, which has not been paid. How can the citizen get his dept?
After being recognized bankrupt, according to RA law “On Bankruptcy” the property of a given Ltd. is estimated, sold and then the debts are paid off, and all of them in order of priority. The salary debt is in the fourth place. If the money of the Ltd’s property isn’t enough to pay all kinds of debts, they aren’t subject to being paid off.
In fact, the law has definite shortcomings and, as a result, no legal mechanism of restoring citizens’ violated rights functions.
Social Right
2. What rights to social support does a wife have after her husband’s death who was a military?
According to RA law “On State Pensions” in the case of loss of bread-winner, the adult member of the family, regardless of his/her age, has a right to get pension if he has a group of disability and does not work.
3. A citizen gets pension in the amount of AMD 27000. He lives in a garage, does not have any property. He is lonely and does not work. Does the citizen have a right to social allowance?
The assessment of a family’s being needy and definition of relevant points is realized by the regional department of social services at the Ministry of RA Labour and Social Affairs. The organization will take necessary steps to find out the reasons why the citizen is not getting support and will help the citizen with it in case of possibility.
4. A citizen is ill with epilepsy but doesn’t have a group of disability. How can he get it?
A group of disability is defined only after definite medical-social examination. For this it is necessary to take the following actions and get the following documents:
1. After getting medical examination a person should submit the results to the local polyclinic.
2. The patient is undergoes comprehensive examination in a local polyclinic and observations are made in a relevant form.
3. It is necessary to require the filled out 88 form of application signed and stamped by the chief doctor.
4. It is necessary to take a reference about a person’s place of residence from the local condominium.
5. The above-mentioned documents – the proof of the illness, the patient’s medical document/card, filled out application of 88 form, the copy of a birth certificate or a passport, the reference about the place of residence are to be presented to the regional medical-social examination commission; in this case to # 2 medical-social examination commission of Lori region.
6. An application is filled out / one should take the form of the application from that establishment/, and the above-mentioned documents are enclosed.
7. After accepting the documents, the commission appoints the date.
8. The examination is realized by a relevant specialist of the commission. Afterwards, the commission makes a conclusion and determines a group of disability.
Tashir
Procedure Right
A citizen has applied to Tashir residence of the Court of Common jurisdiction orally with the request of getting the copies of the documents enclosed with the application but the court has rejected the claim.
The organization helped the citizen to apply to the court with the same inquiry, but this time in written form, as according to the Civil Procedure Code the trial participants have the right to be acquainted with the materials of the case. As a result, the citizen has received the copies of the documents.