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23 citizens applied to Helsinki Citizens’ Assembly-Vanadzor to get legal consultation in November.

The issues for which people have applied are as follows.

Family right  

1. During 13 years of marriage (the marriage had not been registered), the spouses had 3 children whose paternity haven’t been recognized by the husband. Now the husband wanted to get divorced and to deprive the mother of her care for one of the children.

Is it possible to do? 

According to RA family Code the parents gain certain rights for the children after the confirmation of the fact of parentage. In this case the father has no rights towards the children as the paternity hasn’t been recognized.  

2. The citizen wanted to know if the wife had any rights towards the property obtained after their divorce, if they have a child and the father pays alimony according to the court decision. 

The spouses have a right only for the property obtained during their marriage.

 3.How can the citizen require alimony  from her former husband?

A citizen can apply to the court with such a claim.  

Right to property  

4. What are the rights of a citizen for the house, who is a co-owner of it? 

All the co-owners have  equal rights for using, possessing and managing the property they own.  

5. A citizen informed that he is the owner of the place where the hut/temporary dwelling of his neigbour is. How can the citizen find out whom that territory belongs to?

The citizen should apply to  State Cadastre of real estate – Vanadzor department to find out who the  mentioned  territory belongs to.

 6. A citizen has arranged a deal with a broker but the deal did not have any legal formulation. The mentioned flat had been allocated by “Linsi” foundation provided that it shouldn’t be sold. The broker did not make a sale agreement but provided the purchaser with a letter of attorney for privatizing on behalf of those who received the flat.

The citizen was explained about the illegality of the deal, and was advised to apply to people who received the flat in order to make a sale agreement. 

 7. How can a citizen  privatize  the flat allocated to him with an order? 

The citizen was advised to apply to a relevant municipality with the request of getting permission to privatize the property. 

8. The co-owner of a flat took the key and refused to open the door for the other co-owner. How a citizen can make the other co-owner open the door. 

 How can a citizen make the co-owner open the door? 

The citizen can apply to the police department to solve the problem.

 9. A citizen is constructing a building near the neighbour’s but he isn’t keeping the architectural norms. The citizen applied to the municipality, to the police department, but the construction was not stopped.

How can the citizen  make his neighbor  stop the construction? 

An application has been made for him to apply to the municipality for stopping construction.  

10. How much should a citizen pay the notary for leaving his/her flat and house to his/her son as defined by law? Is it possible to pay only one fee for both properties? 

The citizen was informed that he should pay the double size of the basic tax, which is  2000 AMD and a separate fee  for each deal. 

11. On August 1, 2008, a citizen lent some money for a period of  one year and took a receipt and notary approval for it. The date of returning the money has expired. How can the citizen get his money back?

The citizen can apply to court.

Social Right  

12. A citizen has a first group of disability and is a lonely pensioner. Till 2005 the citize has received pension in the amount of 3000 AMD for occupational injury.

Can the citizen require the money after that period?

As the establishment where the citizen worked was liquidated and the establishment  has no assignee, the liabilities fall on the state. 

 13. A citizen has lived in the Russian Federation for 3 years then he returned to the Republic of Armenia and wanted to get the saved pension for the last whole year. But the  regional center of Social Services refused without any reason.

How can the citizen get the pension?

The citizen was advised to take the refusal in written form, after which the organization will directly participate in the solution of the problem.  

14. 3 persons are registered in a flat that belongs to the citizen as his property, but actually, they live in the country and this citizen lives alone.

Can the regional center of Social services refuse to give him a social benefit on the basis that more than one person are registered in the flat?

The citizen was advised to take a certificate from the village municipality certifying that the citizens live in the village and another certificate from the condominium certifying that he lives alone and then to submit an application to the regional center of social services with the request of getting a separate social passport for the family. 

15. The citizen applied to get pension but he/she was refused without any reason. How can the citizen get pension?

The citizen was explained that the applications in written form should be responded to in written form and after getting it he can appeal it in court or in the superior instances. 

Consumers’ right

16. A citizen paid the for the water he used, but he was orally required to pay the money again saying he hadn’t paid.

The citizen was advised to get written information from “Lori-jrmughkoyughi” CJSC. 

 17. “Armentel” company claimed fees from a citizen for 2 months, on which the citizen does not agree. The citizen required the monthly report, from which he saw there had been calls to the cities of the Russian Federation though he/she had no acquaintances/relatives in those cities. How can the citizen solve the problem? 

The citizen was advised to apply to court.  

The right of free movement

 18. The police took control of a citizen who was released from detention with amnesty.

Does the police department have the to have control over him?  

According to RA Criminal Code, the control isn’t permitted for the kind of the action the citizen performed.

Administrative right

 19. A citizen was penalized 500 000 AMD administrative fine, but as far as he lives in socially bad conditions he isn’t able to pay that money at a time. Can the citizen pay part by part? 

The organization made a letter addressed to the head of the service of Compulsory Enforcement of Court decrees requesting permission to pay the amount within 18 months.

 The right to a fair trial

 20. A citizen had an accident. How can the citizen get compensation for the damage?

The citizen was advised to apply to court. 

 Civil Right 

A citizen took a certificate from the head of the village Mets Parni where his second name known among his acquaintances was mentioned instead of the one he has in his passport. How can the citizen correct the mistake?

A letter was addressed to the head of the village of Mets Parni with the request to make corrections in this certificate.

Criminal Right

 22. The son of a citizen is under a preliminary detention for performing a forbidden action. The citizen wanted to know how he could realize his son’s defence.

The citizen was informed about the opportunity to make use of the public attorney’s service and its order.

The  right to freedom of information

 23. A criminal case has been brought on the fact of setting a citizen’s booth on fire, but the citizen has not had any information about the case for months. How can the citizen get information about the case?

An inquiry for getting information was made and addressed to the Prosecutor’s office of Lori region and Special Investigative Service.