On satisfying the application

MAYOR OF YEREVAN
DECISION
RA, 0015, Yerevan, Argishti 1
№ ____________ « » 2026
ON SATISFYING THE APPLICATION

1. Description of the issue resolved by the decision.
   An administrative procedure has been carried out in accordance with the provisions of the Law "On the Fundamentals of Administration and Administrative Procedure" based on the application No. D-68203-26 of Lusine Yeghiazaryan dated July 1, 2026, addressed to Yerevan City Hall.
   Having examined Lusine Yeghiazaryan's application No. D-68203-26 dated July 1, 2026, evaluating the evidence attached to the said application and received during the hearings, the protocol of July 17, 2026, regarding the hearings conducted within the framework of the administrative procedure, as well as all factual circumstances related to the case, the following has been revealed:
2. Facts serving as a basis for adopting the decision.
   During the hearings, Lusine Yeghiazaryan, based on the facts described in application No. D-68203-26 dated July 1, 2026, and the commodity and trace expertise conclusion No. 26-007APH prepared by the experts of "GABEXSP" Limited Liability Company on July 16, 2026, requested compensation for the damage caused by a thick tree branch falling on her "Renault" brand car with registration number "30 GG 060", parked near building No. 3 on Surb Grigor Lusavorich Street, around 10:15 AM on June 9, 2026, which amounts to 682,000 (six hundred eighty-two thousand) AMD, as well as the amount paid for the mentioned conclusion, which amounts to 190,000 (one hundred ninety thousand) AMD.
   According to vehicle registration certificate No. HB924262 issued on June 16, 2016, the "Renault" brand car with registration number "30 GG 060" is the property of Lusine Yeghiazaryan.
   On June 9, 2026, a "Address

«on visiting» protocol, and on June 14, 2026, a report was submitted to the head of the same department, according to which, in connection with an alarm received from Lusine Yeghiazaryan on June 9, 2026, a visit was made to 3 Surb Grigor Lusavorich Street, where the latter stated that a tree branch had fallen on her car parked at the specified address, as a result of which the right and left roof and door sections of the car were damaged.
According to letter No. D-68203-26 dated July 9, 2026, from the Head of the Environmental Protection Department of the Yerevan City Hall Staff, information was provided by the "Greening and Environmental Protection" non-commercial municipal organization on July 7, 2026, stating that on June 9, 2026, at 3 Surb Grigor Lusavorich Street, Kentron administrative district, a viable branch of a Japanese pagoda tree fell on a "Renault" car with license plate "30 GG 060" belonging to citizen Lusine Yeghiazaryan due to breakage, and was dismembered and removed from the specified area by the organization's employees.
In point 1 of the "Conclusions" section of the commodity and traceological conclusion No. 26-007APH dated July 16, 2026, of "GABEXSP" Limited Liability Company, the expert noted that generalizing the results of the examination, from the characteristics expressed in the damages and traces found on the "Renault" car with license plate "30 GG 060", their nature and mechanism of formation, as well as taking into account the data visible in the video recording - the area where the tree branch falls, which mainly correspond to the locations of the damages and traces found and described above during the examination of the "Renault" car with license plate "30 GG 060", give grounds to conclude that the damages and traces found during the examination of the specified car were caused by the impact of the tree branch falling as seen in the video recording.
In point 1 of the "Conclusions" section of the commodity and traceological conclusion No. 26-007APH dated July 16, 2026, of "GABEXSP" Limited Liability Company, the expert noted that the amount of material damage caused by the described damages on the "Renault" car with license plate "30 GG 060" submitted for examination, as of June 9, 2026, amounted to approximately 682,000 (six hundred eighty-two thousand) AMD.
According to point 3.1 of the service provision agreement No. 26-007APH concluded between Lusine Yeghiazaryan and "GABEXSP" Limited Liability Company on July 13, 2026, the price of the service by mutual agreement is 190,000 (one hundred ninety thousand) AMD, which was paid by Lusine Yeghiazaryan on July 15, 2026.
3. Grounds for adopting the decision:
According to part 1 of Article 134 of the Civil Code of the Republic of Armenia, real estate includes land plots, parts of the subsoil, isolated water bodies, forests, perennial plantings, underground and above-ground

buildings, structures and other property attached to the land, i.e., objects that cannot be separated from the land without causing damage to that property or land, or changing their purpose, termination or impossibility of further use for their intended purpose.
According to Article 2 of the Law "On State Registration of Rights to Property", the following basic concepts are used in the same law: property - immovable property - land plots, part of the subsoil considered immovable property, isolated water bodies, forests, perennial plantings, underground and above-ground, including buildings under construction, structures and other property attached to the land.
According to Part 1 of Article 1071.1 of the Civil Code of the Republic of Armenia, the owner of immovable property bears responsibility for compensating damage caused to other persons or their property during the use, possession, disposal, operation or development of immovable property, unless he proves that the damage arose as a result of insurmountable force or the intent of the injured party.
According to the clarification provided by letter No. 6367-2020 dated October 23, 2020, of the Head of the Cadastre Committee of the Republic of Armenia, a tree (regardless of its type) is considered immovable property in the sense of the law, is considered an appurtenance of the land plot, and therefore cannot be registered separately and belongs by right of ownership to the owner of the land plot (Part 6 of Article 202 of the Civil Code).
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 him, unless a smaller amount of compensation for damages is provided by law or contract.
According to Part 2 of Article 17 of the Civil Code of the Republic of Armenia, damages are: the expenses incurred or to be incurred by the person whose right has been violated to restore the violated right, the loss or damage of his property (actual damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right had not been violated (lost profit).
According to Part 1 of Article 42 of the Law "On the Fundamentals of Administration and Administrative Proceedings", the administrative body evaluates as evidence in administrative proceedings the explanations, testimonies, expert opinions, documents, materials, objects available in the case, as well as those circumstances that this body deems suitable and necessary for the disclosure and evaluation of the factual circumstances of the case at its discretion.
According to point "a" of Part 1 of Article 43 of the Law "On the Fundamentals of Administration and Administrative Proceedings", the burden of proof in the relations between a person and an administrative body is borne by:
a/ the person - in the presence of factual circumstances favorable to him,
b/ the administrative body - in the presence of factual circumstances unfavorable to the person.

According to part 1 of Article 1058 of the Civil Code of the Republic of Armenia, damage caused to a citizen's person or property, as well as to the property of a legal entity, is subject to full compensation by the person who caused it.
The administrative proceedings carried out on the basis of application No. D-68203-26 of July 1, 2026, and the evidence obtained within its framework, substantiate the fact that the damage caused as a result of the damage to the "Renault" brand car with registration number "30 GG 060", owned by Lusine Yeghiazaryan, is subject to compensation.
As for the reference issued by "Magna" Limited Liability Company on June 11, 2026, attached to application No. D-68203-26 of July 1, 2026, according to which the cost of spare parts and works for the damaged parts of the "Renault" brand car with registration number "30 GG 060" amounts to 1,165,000 (one million one hundred sixty-five thousand) AMD, it is not a proper evidence substantiating the amount of damage, and taking into account the fact that during the hearings of the proceedings, Lusine Yeghiazaryan, as evidence substantiating the amount of damage, took as a basis the commodity and traceological conclusion No. 26-007APH of July 16, 2026, of "GABEKSP" Limited Liability Company, therefore, the reference of "Magna" Limited Liability Company of June 11, 2026, is not considered as evidence underlying the claim for compensation of damage and is not subject to separate evaluation.
Based on the above and taking into account letter No. D-68203-26 of July 9, 2026, of the Head of the Environmental Protection Department of the Yerevan City Hall Staff, the "Report on Visiting an Address" protocol of June 9, 2026, and the report of June 14, 2026, compiled by the community police officer of the Central Department of the Community Police of the General Department of the Police of the Ministry of Internal Affairs of the Republic of Armenia, the commodity and traceological conclusion No. 26-007APH of July 16, 2026, of "GABEKSP" Limited Liability Company, guided by Article 17, part 1 of Article 1058 and part 1 of Article 1071.1 of the Civil Code of the Republic of Armenia:
I DECIDED

1. To satisfy Lusine Yeghiazaryan's application No. D-68203-26 of June 1, 2026, regarding compensation for damages.

2. To compensate Lusine Yeghiazaryan for the material damage caused to the owner as a result of injuries caused by a tree branch falling on the "Renault" brand car with registration number "30 GG 060", amounting to 682,000 (six hundred eighty-two thousand) AMD, as well as 190,000 (one hundred ninety thousand) AMD, as expenses incurred for the purpose of restoring the violated right, according to the commodity and traceological conclusion No. 26-007APH of July 16, 2026, of "GABEKSP" Limited Liability Company, to the Head of the Financial Department of the Yerevan City Hall Staff.

3. This decision enters into force on the day following its receipt.

4. 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. Tigran Avinyan