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Disaster zone resident not considered a beneficiary of apartment provision program; the Court recognized the decision invalid

September 15, 2021

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On 24 March 2021, the RA Administrative Court recognized invalid the decision on not recognizing disaster zone resident Gharib Mitichyan as beneficiary of the state-funded program providing apartments to families left homeless as a result of the earthquake. The Court judgment has entered into legal force. 

 

On 12 March 2020, Gharib Mitichyan applied to Court with the support of HCA Vanadzor. HCA Vanadzor advocates Hayk Hakobyan and Nushik Ter-Movsisyan undertook protection of his rights.

 

As of 15 December 2008, Gh. Mitichyan was included in the list of persons having the right to be provided with an apartment. However, on 13 April 2013, the Committee on Allocation of Housing to Families Left Homeless Due to the Earthquake in the Settlements of the Disaster Zone of the Republic of Armenia in the frame of State-Funded Housing Construction Programs made a decision not to recognize him a beneficiary, reasoning that the necessary documents had not been presented in the specified timeframe. Whereas in fact, Gh. Mitichyan had not been notified to submit the documents. The administrative proceeding materials lack evidence of him being notified and proper delivery of the decision within the established timeframe.

 

Moreover, back on 15 December 2008, Gh. Mitichyan presented the documents required by law, when he was registered. While by the notification of the decision, the Committee required documents not envisaged by law and Mitichyan had no obligation to present them. It is prohibited to require documents certifying information when that requirement is not set by law. If the administrative body had suspicions regarding the presented data, it itself should have  taken  measures to check veracity of the data.

 

On 8 October 2018, Gh. Mitichyan filed an administrative appeal with the Committee to abolish the decision of 13 April 2013 and to  make the Urban Development Committee Head’s draft order on recognizing him a beneficiary and submit it for approval. 

 

On 30 January 2020,  the Committee on Allocation of Housing in the frame of Housing Construction Programs rejected the administrative appeal. The decision on rejecting the appeal was made by violation of law and incorrect interpretation. 

 

In the conversation with us, Gharib Mitichyan mentions that at first, it was unclear which organizations he could turn to in order to restore his rights. The only way he saw was to apply to the Urban Development Committee, which proved futile. 

To make his way out of this chaos, he applied to HCA Vanadzor, “After applying to HCA Vanadzor, the advocates referred me to apply to Court and helped me formulate the claim, after which they protected my rights in Court”.

 

With the support of HCA Vanadzor advocates, Gh. Mitichyan filed a claim with the Court against the Committee to recognize invalid the decision on not recognizing his family as beneficiary of the program and to make the Urban Development Committee Head’s draft order and submit it for approval.

 

The Court upheld the claim on recognizing the decision invalid.

 

Execution of the judgment is currently underway and once the decision is recognized invalid, the citizen will be able to restore his rights.

 

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