THE SPECIFIC FEATURES OF DETERMINING THE RIGHT TO BUILD ON STATE AND COMMUNITY LANDS
NARINE ARAKELYAN
PhD Student at the Chair of Civil Law of Yerevan State University,
Chief Specialist of the Legal Expertises Service of the Staff of the
Court of Cassation of the Republic of Armenia
DOI: https://doi.org/10.59546/18290744-2025.1-3-47
Annotation.
The article is devoted to the peculiarities of the provision of state or community-owned land plots with the right to construction. The article studies the legal regulations enshrined in the civil and land legislation of the Republic of Armenia, reveals the meaning of the concepts of “construction right” and “purpose of construction”, highlights the similarities and differences of the mentioned concepts, and also discusses the need for their legislative separation.
Based on the study and analysis conducted in the article, the author presents her point of view on the existing legislative regulations, presents certain proposals aimed at their improvement. In particular, a proposal is made to change the legal regulation on the provision of state or community-owned land plots with the right to construction, in other words, the privatization of these plots, and instead, to provide an opportunity to provide state or community-owned land plots with the right to construction. In the author’s opinion, such a legislative change is mutually beneficial for both the developer and the landowner, since the state or community will have the opportunity, without alienating these land plots, to provide them with the right to develop and receive a monthly rent for the use of these land plots, while the developers will refrain from the need to spend financial resources to acquire the land plot.