Clarification Regarding Tree Cutting in the Green Park at Baghramyan 79a

In the Arabkir administrative district, the leadership's office placed children's playground equipment in the green park at Baghramyan 79a as early as 2014-15, without anticipating that the area was privately owned. On April 7, 2021, a representative of the property owner, Nona Cholakhasvova, submitted a request to the Arabkir administrative district, revealing that the specified area has a proprietor who, exercising her rights, requests the dismantling of the playground.

An investigation found that by the decision No. 2467-A of the Mayor of Yerevan dated December 28, 2004, the area had been privatized in the name of “Pavriz” LLC, based on a ruling of the then operating Economic Court of the Republic of Armenia dated November 29, 2004. In 2005, this company sold the land plot to Sargis Apikian, who subsequently sold it in 2013 to Gevorg Manukyan. The current owner is Iranian citizen Miryagub Musavi Gargari Seyedeberhim, who purchased the land on October 7, 2014.

Since the area ostensibly could be included in the list of restrictions outlined in Article 60 of the RA Land Code and was privatized under certain violations, on April 15, 2021, the leader of the Arabkir administrative district, Aram Danielyan, appealed to the RA Prosecutor's Office to investigate the grounds for the privatization of the area and to initiate a criminal case.

On the same day, relevant service heads from the administrative district visited the contentious area, where a conflict arose between police and residents attempting to obstruct the tree cutting. Because law enforcement had yet to provide a position regarding the lawsuit filed by citizens in the RA Administrative Court, administrative district employees intervened, and following negotiations with the owner, work was temporarily halted (for 7 days).

However, after the expiration of the agreed timeframe with the residents and the owner, and lacking any legal barriers in the legislative framework, the owner resumed the tree cutting work, requesting the administrative district's staff to dismantle the playground.

Administrative district employees returned to the disputed address and confirmed that no lawsuit had yet been filed by residents in court, and thus no restraining order was in place. The RA Prosecutor's Office also had not issued an order to impose a prohibition at this stage.

In this situation, both the community of Yerevan and the administrative district leadership's office have no option for further intervention and cannot halt the tree cutting work due to the absence of legal grounds; any action could be construed as a violation of the rights of the property owner who acquired the land in good faith.

Aram Danielyan, the leader of the administrative district, and his staff have postponed the tree cutting work as much as possible, but lacking any legal document to suspend the process, they no longer have the authority to intervene and prevent the cutting of trees.