RA CONSTITUTIONAL COURT RULES LEGISLATIVE GROUNDS OF
GOVERNMENTAL DECISION ON YEREVAN'S CENTER DEVELOPMENT TO BE NOT
IN LINE WITH CONSTITUTION
19-04-2006 16:35:00 | Armenia | Social
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.