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Discussion in Vanadzor on legal component of felling spruces
01.09.2016
On August 26, on initiative of Vanadzor Aarhus Centre and “Center of Economical Analysis” NGO a discussion was held on legal aspects of raising an alarm about felling 6 spruces in that city to the competent authorities.
The participants were representatives of NGOs of the province, employees of administrative bodies in the region, a lawyer, coordinator of Yerevan Aarhus Centre, as well as employees of “Public Awareness and Monitoring Centre” NGO providing access to information regarding the Aarhus Convention within the framework of “Support government and civil society to solve environmental problems” program.

At the beginning Perch Bojukyan, coordinator of Vanadzor Aarhus Centre informed that on August 17, at “Freedom Fighters Square” in Vanadzor city have been illegally felled 6 spruces, two of which were argent.

With regard to this issue Edmon Maruqyan, MP of the National Assembly has appealed to the Prosecutor General’s Office, demanding to initiate a criminal case under Article 296 of the RA Criminal Code.
Based on the mentioned report the prosecutor’s office of the province has made an inspection at the above mentioned area.

At the same time, the representatives of the Aarhus Centre acquired a number of preliminary data indicating that the area was allocated to the private sector since 2000. The attendees were interested to which agencies and with what requirements they might apply in order to initiate legal and effective process concerning the case of felling trees.

In his speech Mr. Gevorg Danielyan at first noted that the powers of private property owners are not unlimited, as is often mistakenly perceived. As for the initiation of a legitimate process, then it is necessary to clarify the legality of land allocation and the possible restrictions prohibiting the land allocation during the allotment at the given area. Restrictions on land allocation are defined by the RA Land Code.

In accordance with Paragraph 6 of Article 60 of the Code are set the following restrictions: “The public lands (squares, streets, roads, river banks, parks, gardens, beaches and other public use areas).”

As they spoke about the area called “Freedom Fighters Square”, then it has a status of a park, which excludes land allocation.

To check the details of this restriction is appropriate to send an information request to the mayor of Vanadzor, the RA Ministry of Urban Development, in accordance with the rules of the RA Law on Freedom of Information.

If it turned out that local authorities have allowed violations, the experts of “Center of Economical Analysis” NGO suggested discussing with them once again in order to clarify the legal basis for imposing liability motions and those representing methods.

The details on the following link:http://www.cela.am/en/news/view/tedfgsfgsf3.html, discussion’s video recording: https://aviplatform.com/aarhustv-aarhustv/185/media-4299/page-1/all/%D5%AF%D5%AC%D5%B8%D6%80-%D5%BD%D5%A5%D5%B2%D5%A1%D5%B6-%D6%84%D5%B6%D5%A1%D6%80%D5%AF%D5%B8%D6%82%D5%B4.html :

The letter of the MP Edmon Maruqyan to Armen Harutyunyan, Acting Prosecutor General on this issue

Prepared by Hamlet Smoyan
Editor: Mari Chakryan
“To support the government and civil society to resolve problems relating to the environment” program