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The underground building in the park located at the intersaction of Baghramyan-Mashtots-Moskovyan Str., was alienated with the violation of the law: a criminal proceedings was initiated on the basis of the report of the Prosecutor’s Office

30/08/2023

On March 25, 2017, the underground building in the park located at the intersaction of Marshal Baghramyan and Mesrop Mashtots Avenues and Moskovyan Street of the city of Yerevan was alienated to Photomaster LLC, thus violating the law.

 

It was found out by the examination carried out in the Prosecutor’s Office of Kenton and Nork-Marash administrative districts of Yerevan city (in the scope of its  power to submit a claim to the court with regard to protection of state (community) interests) that on February 12, 2001 a lease agreement of the area located in the Park was concluded between Kanachapatum CJSC and Photomaster CJSC. Pursuant to the agreement, the Park (4668 m2)  was leased to Photomaster LLC for the term of 25 years.

 

On July 8, 2014 Artyom and Gurgen Khachatryans registered their ownership right of Company’s shares. On August 4 of the same year the Company issued a  construction permit for carrying out construction works of underground buildings under the cafés of the park.

 

By the decision of the Mayor of Yerevan city of March 25, 2017 the lease agreement concluded in 2001 was dissolved. On the same day, without any tender, a lease agreement was concluded with the Company, defining February 12, 2026 as a lease term. 

 

On April 12, 2017 the right of lease of Photomaster LLC over the land plot with the surface of 3923,54 m2 located at Moskovyan 29/4 of the city of Yerevan was registered and on the same day the ownership right of the Company over the underground building with the surface of  1737,06 m2 located in the same land plot was registered. Meanwhile, pursuant to Decision № 415-A of the Mayor of Yerevan city of February 16, 2017, land plot with the surface of 3923,54 m2 located at Moskovyan 29/4 was included in the list of limitations provided for by article 60 of the Land Code.

 

On August 24, 2023, taking into consideration the fact that the officials gave the right of lease of the abovementioned land plot to Photomaster LLC, without any auction, and after the dissolution of the agreement, instead of registering the underground buildings in the  property balance sheet of the community, created favourable conditions for Photomaster LLC  and registered the ownership right of the Company with gross violations of the law, the Prosecutor’s Office of Kentron and Nork-Marash administrative districts submitted a report to the Anti-corruption committee.

 

On August 25, 2023 a criminal proceedings was initiated in the Anti-corruption committee under part 2 of article 308 of the Criminal Code adopted on 18.04.2003.

 

The Prosecutor’s Office shall submit a claim to the court in the future to challenge the decision of the Yerevan municipality and to declare invalid the processes carried out on that basis.