On October 11 the Standing Committee on State and Legal Affairs organized parliamentary hearings on the draft laws on Alienation of Property for Public and State Needs, on Amending the RA Land Code and on Amending the RA Civil Code. The MPs, the Human Rights Defender, the representatives of the RA Government, NGOs and Mass Media participated in these parliamentary hearings.

Mr. Rafik Petrosyan, Chairman of the Standing Committee on State and Legal Affairs, highlighted the importance of the adoption of the draft law. Touching upon the decision of the Constitutional Court related to the recognition of some articles of the Law on Real Estate being anti-constitutional, according to the RA President’s application of 1996, Mr. Petrosyan noted that a law was adopted, according to which the National Assembly had to adopt a separate law on Alienation of Property. The mentioned decision of the Constitutional Court was not implemented as the Civil Code and Land Code were regulating the issues of the alienation of the property.

The Chairman of the Committee proposed to present the comments and recommendations in written form to debate them in the period between the first and the second readings of the draft law.

Mr. Gevorg Malkhasyan, Deputy Minister of Justice, presented the principles of the draft laws on Alienation of Property for Public and State Needs, on Amending the RA Land Code and on Amending the RA Civil Code.

Talking about the compensations of the citizens’ losses Mr. Gevorg Malkhasyan noted that it is necessary to pay compensation equivalent to the market price as well as additional compensation in the amount of 15% of the total price by the draft law. He informed that any estate is subject to alienation; it is necessary to alienate with the land the constructions being on it, and if the property is alienated, it is also necessary to alienate the land.

Deputy Justice Minister also touched upon the buyers of the estate, saying that it could be the state, community as well as juridical person.

The Government proposes three ways of property alienation.

Mr. Armen Harutyunyan, Human Rights Defender, noted that the draft law resolved a lot of issues in comparison with the previous processes, but only in case of resolving a number of issues it will be possible to say that it has come nearer to the protection of the rights.

According to Mr. Armen Harutyunyan, absolute interest should be an issue, which is obligatory to be solved in the viewpoint of public interest, and secondly there will be no other way to solve it. As Mr. Armen Harutyunyan said, the criteria of the evaluation are relative.The lost profit should be taken into consideration in the mechanisms of evaluation.

The MPs and the representatives of the NGOs also touched upon the omissions of the draft law. Mr. Hovhannes Margaryan, Deputy Chairman of the Standing Committee on State and Legal Affairs, declared that the Country of Law Party is against the draft law both in legal and moral viewpoint. According to his conviction, the Parliament as an electoral body shall make a decision in the interests of the state and society. In MP Mher Shahgeldyan’s opinion, it is necessary to clarify if it emanates from the absolute interest of certain groups or the state. Mr. Mher Shahgeldyan considers that the issue of equivalent compensation should be clarified. According to his observation, the balance of the citizen’s rights and interests is violated. According to the MP’s opinion, the construction of beautiful and elite buildings is an aesthetical issue but not a supreme issue of public interest. As he assured, the protection of the citizens’ rights is the basis for the legal regulation of the sphere.

Mr. Samvel Mkrtchyan, Chairman of the NGO Community and Right, proposed to include a provision in the draft law which will envisage restoration of the citizens’ rights, violated before. MP Mr. Aghasi Arshakyan, said that the subordiantion of the human rights to public interest is inadmissible. He also considers inadmissible the regulation of the issue through the comparison of the interests of public, individual and builder. Mr. Aram G. Sargsyan touched upon the problem of the payment of the citizens’ damage. In MP Hmayak Hovhannisyan’s opinion, the social-economic situation of the state is distorted. In his opinion, the National Assembly should resolve the absolute supreme interest by the participation of the 2/3 of total number of the MPs in voting for each case of the property alienation. Mr. Grigor Harutyunyan considers that the correct resolution of the property alienation is possible through the law on the Local Referendum. He proposed to hold a referendum in Yerevan as the society should decide the public supreme interest. According to the estimation of Mrs. Larisa Alaverdyan, the former Human Rights Defender, only the National Assembly and people can decide the public supreme interest. Mrs. Alaverdyan said that the draft law contradicts the international criteria and the obligations that Armenia has undertaken. Mr. Tatul Manaseryan declared that he will vote against the draft law. Mr. Arshak Sadoyan thinks that the National Assembly will decide the public interest and the compensation should be envisaged for the citizens.

Mr. Gevorg Malkhasyan, Deputy Justice Minister, highlighted the concerned discussions in his final speech, noting that all the recommendations will be accepted and debated. He noted that neither the executive, nor juridical and legislative powers should misuse their rights.

Summing up the results of the parliamentary hearings, Mr. Rafik Petrosyan, Chairman of the Standing Committee on State and Legal Affairs, informed that the Committee will submit all the written recommendations to the Government for the improvement and perfection of the law.