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In January 2009, 18 citizens applied to Helsinki Citizens’ Assembly-Vanadzor to get legal consultation.

This month there have been two issues related to the activity of law enforcement bodies:

1. On January 10, 2009 two non-adults were brought to Bazum Subdivision of RA Police by force, without any judicial-legal document. They were kept in police for about 2 hours, receiving an attitude offending human dignity. However, RA Code for Court Procedure defines a special procedure for bringing to police and examining non-adults.

HCA Vanadzor prepared a report addressed to RA Prosecutor General and Prosecutor’s office in Lori region. Based on the report, Prosecutor’s Office in Lori region started an investigation.

2. A citizen informed that he had been beaten by another villager due to which his health was damaged. He applied to police station of Bazum Division of Police, but the investigator threatened him and put pressure on him. A criminal case has not been brought..
A relevant statement was addressed to the prosecutor’s office of Lori region to abolish the policeman’s inaction and to start a criminal proceedings.
The citizens’ other issues were information inquiries, concerning both human rights and the legislative mechanisms, which provide the application of the law. Thus,
Family Right

3. After divorce, the mother took her under-age child abroad without father’s acknowledgement. Whereas the legislation of the Republic of Armenia forbids the permission for getting passport and departure permission without father’s agreement.
Applications were made addressed to the passport office and guardianship body of Vanadzor to reveal the illegal deal and to apply a relevant liability.

4. A citizen wanted to know what rights and responsibilities he would have after acknowledgement of paternity.

According to RA Family Code after acknowledgement of paternity the citizen gets the right of participating in the child’s upbringing and providing him/her with daily living.

5. How can a citizen get divorced?
According to RA Family Code if both parties have agreement they get divorced by the regional office of Civil Registration where the wife and the husband apply to together. In case there is no agreement they get divorced by applying to the court.

Right to Property
By the decision of the city council some territory has been allocated to a citizen for building a house. Several dwelling places instead of one were then built and more territory than planned was used. When the citizen applied to privatize the house he was not given permission.

An application was made for the citizen addressed to the mayor with a request to give permission to register the right to the property built on that territory.
7.How can the citizen privatize a construction?
In order to privatize a building the citizen should apply to the mayor, make necessary payments, get permission and then register his property right in RA State Cadastre of real estate.

8. How can the citizen legalize the illegal construction and register his right to property?
According to the decision of RA government in order to legalize a building it is necessary to apply to the head of the community, make payments and then register his property right in RA State Cadastre of real estate.

9. The citizen lost his flat after the earthquake and was included in the housing list. In December 2008, his family was excluded from the list. Therefore, a letter was made for him addressed to the governor of Lori region and the mayor of his residence with the aim of verifying the legal grounds for exclusion.

Inheritance right

10. How can the citizen admit inheritance if the period of 6 months has expired?
In such a case it is necessary to apply to the court submitting all the facts due to which it had been impossible to admit the inheritance.

11. How can the citizen leave by will his property with the right of co-ownership?
It is necessary to get information from the State Committee of Real Estate Cadastre certifying that the property belongs to him and then form the inheritance in the notary office.

Labor Right

12. Is it possible to prove the working years in the former USSR collective farm as years of work experience if there is no information about it in the archive?
The facts of legal importance are confirmed in the court, for which it is necessary to submit certificate that no information has been kept in the archive, as well as it is necessary to provide testimonies /for example the employees’ testimonies/ that he worked on the collective farm.

13. A citizen got a contract job for two months. The employer canceled the contract due to the expiration of the contract. However, the employer didn’t do final calculations and didn’t pay the salary as foreseen by the contract.
An application has been prepared for the citizen requesting confiscation of the salary.

14. A CJSC in Vanadzor started a process of dissolution without paying the salary of its employees’. The employees are concerned that the CJSC started its dissolution on purpose in order not to pay the salaries.
An inquiry was made for the employees of the company for getting information on the legitimacy of the dissolution process.

15. Are the years of detention considered as years of work experience?
According to the law “ On State Pensions” and RA Labor Code the years of work experience are considered only the years during which the citizen worked by a labor contract and who made social insurance payments.

A Right To A Fair Trial

16. How can the decision of the Administrative court be appealed?
The decisions of RA Administrative Court can be appealed in the RA Court of Appeal.
Social Right

17. In which case one working day is calculated as one and a half working day for privileged pensioners?
RA Government defined the list of professions with harmful and especially harmful conditions in case of which, the citizens retire with privileges.

Civil Right

18. How can a missing person be stated dead?
According to the Civil Code, a missing person can be considered dead within 6 months, if he had been found missing in circumstances with danger of death.