The eco-activists who have been struggling against construction in Mashtots Park, including the representatives of Transparency International Anti-corruption Center, gathered in front of Yerevan municipality on February 20, 2012, and demanded that Mayor Taron Margaryan come out to meet them and listen to their claims. However, instead of the Mayor they met with the Chief of Staff of Yerevan Municipality, whom the activists submitted a letter summing up their demands and mentioning the violations of law regarding the construction in the park.

The letter reads:"Dear Mr. Mayor,

In reply to our inquiry to receive documents justifying site works in green spaces of Yerevan main Avenue's Koghbatsi Street-Mashtots Avenue section, Z. Arakelyan, the head of legal department of Yerevan Municipality handed us a package of documents on February 17, 1012. As a result of its study we record the following.

1. Pursuant to Article 76 of RA Land Code, community owned lands may be provided under tenancy or construction rights only in line with land use schemes and master plans. No construction project is provided in the main Avenue's Koghbatsi Street-Mashtots Avenue section pursuant to Yerevan master plan and Kentron zoning project.

2. The intention to carry out construction in the mentioned land implies appropriate changes in the land zoning project in compliance with the same procedures as those of Kentron land zoning, for elaboration of design assignment, development of schemes, assessment, agreement and approval pursuant to the Decision of the Government of Armenia No 625-N of 2 May 2003, which was failed to be carried out.

3. According to Article 22.1 of RA Law on Urban Development "provision of architectural and master plan assignment contradicting the requirements defined in community master plan and land zoning project is prohibited." The permit to install booths by Yerevan Municipality was granted in violation of the above mentioned project documents.

4. If the surface exceeds the admissible concentration limit of 1,500 sq. m., despite its peculiarities, it should have been subject to environmental impact assessment according to RA Law on Environmental Impact Assessment and Decision of the Government of Armenia No 193 of 30 March 1999 on Admissible Concentration Limits of the Intended Activities Subject to Environmental Impact Assessment. Pursuant to Article 12 of the mentioned law the implementation of intended activity liable to environmental impact assessment is prohibited without positive assessment conclusion. The surface of the land plot provided to "Kentron-Kanachapatum" CJSC exceeds 10,000 sq. m, however the intended project was not subject to environmental impact assessment by the mentioned CJSC.

5. Stipulated by the Decision of the Government of Armenia No 896 of 24 September 2001 On the Approval of the Installation Procedure of Non-Permanent Structures, according to the definition "non-permanent are those structures that are used for consumer, production, utility, trade, service as well as other purposes that are installed on land surface (on land surface improvement cover), they have no foundations in the land, do not require wet construction processes, and can be separated from land if necessary without causing essential harm to land cover, that construction or its separate parts." The structures in the mentioned area are actually built through wet construction process on thick concrete platforms, in fact being acting as permanent structures.

6. Within the whole process of urban development activity carried out in the park, public rights to inform on planning changes of vital activity environment, participation in the discussions of urban development programs and projects and in decision-making processes were violated, stipulated by Articles 13 and 14 of RA Law on Urban Development and Decision No. 660 of the Armenian Government of October 28 1998 On Definition of Order for Participation of Public Representatives in Decision-making and Discussion of Announced Urban Development Programs and Projects and Informing on Planning Changes of Vital Activity Environment.

7. Other violations of urban development processes and norms were committed as a result of site works. In particular, the norms that define the distance of structures from trees approved by Decree No. 32-N of the Minister of Urban Development of 23 May 2003 RAMUDIII-9.02-02-03 On Approval of Construction Norms "Master Planning in Industrial Organizations," as well as norms that define informing public on implementation of works approved by Decree No. 11-N of the Minister of Urban Development of 14 January 2008 RAMUDI-3.01.01-2008 -03 On Approval of Construction Norms "Implementation of Industrial Production Works" were violated.

Taking into consideration the above-mentioned legal justifications, we insist that the ongoing urban development activities and construction are illegal, and we demand that you make a decision to have the process of park construction immediately stopped and the already built booths be dismantled.

Such urban development projects in a public park and subordination of public interest to private are unacceptable for us. We expect that you will find a more suitable non public space for trade activity.

"We are the Owners of this City" civic initiative
"Our City" public policy initiative"