RA CONSTITUTIONAL COURT RULES LEGISLATIVE GROUNDS OF GOVERNMENTAL DECISION ON YEREVAN’S CENTER DEVELOPMENT TO BE NOT IN LINE WITH CONSTITUTION

Noyan Tapan
Apr 19 2006

YEREVAN, APRIL 19, NOYAN TAPAN. The RA Constitutional Court (CC)
on April 18 continued examining the application of the RA Ombudsman
Armen Harutyunian regarding the constitutionality of the governmental
decision on development of Yerevan’s center. Particularly, the
RA Omudsman disputed that a number of provisions of the RA Civil
Code and the RA Land Code, as the government’s decision No. 1151 on
Measures to Implement Development Programs within the Adminisrative
Border of the Kentron Community of Yerevan of August 1, 2002, are
in compliance with Article 31 of the RA Constitution. According
to the decision of the Constitutional Court, Article 218 of the
RA Civil Code and Articles 103, 104 and 106 of the RA Land Code,
based on which the government made the above mentioned decision,
do not meet the requirements of the RA constitutional provisions in
terms of regulating the legal relations on forcible alienation of
property for state and public needs. “Taking into account that the RA
National Assembly and the government are obliged to bring many legal
acts concerning the problem in question into line with requirements
of the Constitution and the decision of the Constitutional Court in
the shortest possible time and to regulate by law the legal regime
of property alienation for public and state needs in the supreme
public interests, the court sets the moment of such legal regime’s
taking effect – no later than October 1, 2006, as the deadline for
this decision’s legal norms recognized not in compliance with the
Constitution to lose thier force,” the CC decision says.