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During May 2008 seventeen citizens applied to HCA legal assistance centers in Stepanavan, Alaverdi, Tashir and Spitak to restore their violated rights or to get information about their rights.

The employees of HCA Vanadzor provided them with legal consultation. People in Stepanavan and Alaverdi were more active during the two months’ work of the centers. A common presentation is given here for all the issues which were the same everywhere.
The issues for which people applied to HCA Vanadzor centers are as follows:

Stepanavan

One of the issues here concerned the right to ownership, in the other cases citizens applied to get information about their right to social assistance.

1. The Lori region Universal Court in Stepanavan has taken a case, on which a relevant decision is already made, which has entered into force. The citizen’s right to ownership was violated.
In October of 1993, the court of Stepanavan recognized E. H. the owner of a flat. In 1994 RA Supreme Court overturned the decision and sent the case to the court of Tumanyan region for a new examination. The court of Tumanyan region made a decision on allocating the flat to E. H. as a property and this decision entered into force. Based on the decision the citizen registered her right to the ownership of the flat. However, in 1998 RA Supreme court overturned the decision of the court in Tumanyan region based on the complaint of RA Prosecutor General and sent the case to Stepanavan Court for a new examination. The court did not examine the case and did not make a new decision. 14 years later, in 2008 another citizen of Stepanavan, H. P. applied to State Cadastre Department of Stepanavan to register his right to ownership of the same flat. H. P. stated that for already ten years he has been the owner of that flat. In such conditions, the first point of article 187 of RA Civil Code permits to register the citizen’s right to ownership. This provision defined by law concerns the property that has no owner, which does not belong to anyone as a property. Whereas in 1994 by the decision of the court of Tumanyan region the right of E. H as an owner was recognized and confirmed by the Cadastre Department of Stepanavan. Therefore, the claim of H. P. on recognizing his right as the owner of the real estate is groundless. In spite of that fact, the Universal Court in Stepanavan accepted the application of H. P. HCA Vanadzor supported to make a petition on the fact that it is impermissible for the case to be examined by the same court. However, the court did not take it into consideration and made a new decision, with which another citizen of Stepanavan was recognized an owner of a flat that is not ownerless.

Applications for getting information mainly were on social rights and they were of the following nature:

1. What are the obligations of the father towards a child after divorce? How are those obligations defined?

After divorce the parents execute their obligations of caring for their children’s living. If there is no agreement between the parents on paying the alimony, it is confiscated by court.

2. Does the family of a soldier, who died in Afghanistan, get any social support.
By RA law “On the Measures Ensuring the Application of the Law “On Social Security of Soldiers and Their Families” the soldiers of Afghanistan get pension when alive. After their death the family makes use of the right to the social pension if:
1. in their family there is a child under 18 years old
2. in their family there is a disabled child above 18 years old
3. they have students in a daytime course in secondary and higher educational institutions
In this case one of the adult family members submits an application with enclosed relevant documents to the regional center of social services.
4. Can citizens be registered in a temporary dwelling?
If the temporary dwelling has a defined address then the citizen can be temporarily registered there.

Alaverdi

In Alaverdi one of the issues raised concerned the violation of the right to social assistance.
1. “Manex-Valex” metallurgic factory appointed a pension to an employee for a damage to his health as a consequence of his harmful work. After the liquidation of the factory, the Open Joint-Stock Company of metals “Manes” became the assignee, which paid the pensions of the people until December 2006. After that the pensions were not paid on the excuse that the company was under property assessment and liquidation process. HCA Vanadzor started the protection of the rights of employees in “Manes” company in the court. HCA Vanadzor will publicize the further results.

The citizens’ questions for getting information were as follows:

1. Does the family of a victim of Chernobyl accident get any social support after his death?
By RA law “On the Measures Ensuring the Application of the Law “On Social Security of Soldiers and Their Families” the soldiers of Afghanistan get pension when alive. After their death the family makes use of the right to the social pension if:
1. in their family there is a child under 18 years old
2. in their family there is a disabled child above 18 years old
3. they have students in a daytime course in secondary and higher educational institutions

In this case one of the adult family members submits an application with enclosed relevant documents to the regional center of social services.

2. Can the family be deprived of state allowance due to the raise of pension?
Parallel to the raise of pension on January 1, 2008 changes were made in RA law “On State Allowances.” In accordance with those changes the order of assessing the level of insecurity of families changed. So even the smallest raise in pension is a basis to cut the family allowance.