On rejecting the application
This decision rejects Hovhannes Yesayan's application for compensation of 500,000 AMD for damages. The application was rejected because no expert opinions on the damage assessment and trace examination were submitted, and the applicant failed to substantiate the causal link between the incident and the damage.
What was decided
- Application rejectedOther
Reject Hovhannes Yesayan's application No. D-75341-26 of July 20, 2026, regarding the claim for damage compensation.
- Applicant: Hovhannes Yesayan
Full text
YEREVAN MAYOR
DECISION
RA, 0015, Yerevan, Argishti 1
№____________ " " 2026
ON REJECTING THE APPLICATION
- Description of the issue resolved by the decision:
Administration was carried out in accordance with the provisions of the Law "On the Fundamentals of Administration and Administrative Procedure" based on the application No. D-75341-26 dated July 20, 2026, of Hovhannes Yesayan addressed to the Yerevan Municipality.
In connection with the examination of the subject of the application, hearings were convened on August 5, 2026, at 11:00, about which Hovhannes Yesayan was notified on July 21, 2026, by letter No. 07/97341-26 and by e-mail, but he did not appear at the hearings.
Having studied application No. D-75341-26 dated July 20, 2026, the evidence attached thereto, and having evaluated all the factual circumstances related to the subject of the application, the following was found:
- Facts serving as the basis for making the decision:
According to application No. D-75341-26 dated July 20, 2026, and the attached materials, on June 14, 2026, a tree branch broke and fell on a "Toyota Corolla" car with registration number "11 LL 171" in the yard of building No. 8 on Pap Tagavor (formerly Amiryan) Street in Yerevan, due to which Hovhannes Yesayan requested compensation for the damage caused, which amounts to 500,000 (five hundred thousand) AMD.
According to vehicle registration certificate No. HB878797 issued on April 18, 2016, the "Toyota Corolla" vehicle with registration number "11 LL 171" was the property of Hovhannes Yesayan.
In connection with application No. D-75341-20 dated July 20, 2026, the "Greening and Environmental Protection" community non-commercial organization informed on July 27, 2026, that on June 14, 2026, a viable ash tree branch broke and fell on a "Toyota Corolla" car with registration number "11 LL 171" in the yard of building No. 8 on Pap Tagavor (formerly Amiryan) Street in Kentron administrative district of Yerevan.
According to the report addressed to the head of the Central Department of the Community Police of the General Department of Police of the Ministry of Internal Affairs of the Republic of Armenia and the protocol "On Visiting the Address", on June 2026
In connection with the report received on the 14th at 11:38, a visit was made to the area at the address of No. 8 Pap Tagavor (formerly Amiryan) Street, where Hovhannes Yesayan stated that a tree branch fell on a "Mercedes-Benz" model vehicle with license plate "11 RB 110" parked at the mentioned address, as a result of which the vehicle was damaged.
For the purpose of proving the factual circumstances related to the claim for compensation of damages attached to the application No. D-75341-26 dated July 20, 2026, expert conclusions issued by experts with relevant qualifications in the field were not submitted, specifically regarding the traceological examination of the damages to the "Toyota Corolla" model vehicle with license plate "11 LL 171", the commodity expert examination assessing the amount of damage, and substantiating the causal link between the accident described in the mentioned application and the damage in the amount of 500,000 (five hundred thousand) AMD.
- Justifications for adopting the decision.
According to Part 1 of Article 134 of the Civil Code of the Republic of Armenia, immovable property is considered to be land plots, subsoil parts, isolated water objects, forests, perennial plantings, underground and above-ground buildings, structures, and other property fixed to the land, i.e., those objects that are impossible to separate from the land without causing damage to that property or land plot or without the impossibility of changing, terminating their significance, or further use for their intended purpose.
According to Part 1 of Article 17 of the Civil Code of the Republic of Armenia, a person whose right has been violated may demand full compensation for the damages caused to them, if a lesser amount of compensation for damages is not provided for by law or contract.
According to Part 2 of Article 17 of the Civil Code of the Republic of Armenia, damages are the expenses that the person whose right was violated has made or must make to restore the violated right, the loss or injury to their property (real damage), as well as lost income that the person would have received under ordinary conditions of civil circulation if their right had not been violated (lost profit).
According to Part 1 of Article 1058 of the Civil Code of the Republic of Armenia, damage caused to the person or property of a citizen, as well as to the property of a legal entity, is subject to compensation in full by the person who caused it.
According to Part 1 of Article 1071.1 of the Civil Code of the Republic of Armenia, the responsibility for compensation of damage caused to other persons or their property during the use, possession, disposal, operation, or development of immovable property is borne by the owner of the immovable property, unless they prove that the damage arose as a result of force majeure or the intent of the victim.
According to Part 1 of Article 42 of the Law "On Fundamentals of Administration and Administrative Proceedings", the administrative body evaluates as evidence in administrative proceedings the explanations, testimonies, expert conclusions, documents, materials, items available in the case, as well as those circumstances,
which, at its discretion, that body deems suitable and necessary for the disclosure and evaluation of the factual circumstances of the case.
According to point "a" of part 1 of Article 43 of the Law "On the Fundamentals of Administration and Administrative Procedure", in the relations between a person and an administrative body, the burden of proof is borne by the person in the presence of factual circumstances favorable to him.
The administrative procedure carried out on the basis of application No. D-75341-26 of July 20, 2026, did not substantiate the factual circumstances that the damage caused as a result of the described incident amounted to 500,000 (five hundred thousand) AMD and that the alleged damage is subject to compensation by the Yerevan Municipality.
Based on the above and taking into account that the application No. D-75341-26 of July 20, 2026, was not accompanied by expert opinions on trace and commodity examination of the damages of the "Toyota Corolla" vehicle with registration number "11 LL 171", the applicant did not substantiate the existence of a causal link between the incident and the damage, and the circumstance that the claimed damage of 500,000 (five hundred thousand) AMD is subject to compensation by the Yerevan Municipality, therefore, based on the provisions of Articles 17, 1058, 1071.1 of the Civil Code of the Republic of Armenia, and Articles 42 and 43 of the Law "On the Fundamentals of Administration and Administrative Procedure", I
DECIDED
- To reject Hovhannes Yesayan's application No. D-75341-26 of July 20, 2026, addressed to the Yerevan Municipality, regarding the claim for compensation for damages.
- This decision enters into force on the day following its receipt.
- This decision may be appealed administratively to the Mayor of Yerevan or judicially to the Administrative Court of the Republic of Armenia within a two-month period from the date of its entry into force.
FIRST DEPUTY MAYOR OF YEREVAN, ACTING MAYOR OF YEREVAN
ARMEN PAMBUKHCHYAN
X
ARMEN PAMBUKHCHYAN
Signed by: PAMBUKHCHYAN ARMEN 3611840246