In the scope of the powers of initiating a claim on the protection of state (community) interest the Prosecutor’s Office of Ajapnyak and Davtashen Administrative Districts of the city of Yerevan examined the cadastral case of the state owned land plot allocated to № 207 day nursery located at Norashen block of Ajanpyank administrative district.

It was revealed under the examination, that by the decision of the Council of elders of Ajapnyak community of August 28, 2002 № 207 day nursery was liquidated from September 1 of the same year without any legal justification.  The liquidation was not registered in the electronic register of the State Register Agency of Legal Entities of the Ministry of Justice of the Republic of Armenia. By the decision of the Mayor of the city of Yerevan dated September 16, 2002 the land plot of the abovementioned day nursery with the surface of 10 thousand 223.7 m² was leased to Ajapnyak Municipality community for the term of 25 years.

On October 15, 2002 a land plot lease contract was concluded between Ajapnyak municipality and Yerevan municipality on behalf of № 207 day nursery. On November 15 of the same year the ownership right of Ajapnyak community of Yerevan city was registered over the territory of № 207 day nursery.

Pursuant to part 4 of article 45 of the Law “On education”, the property of state education institutions may, in case of alienation, be used only for academic purposes.

The Council of elders of Ajapnyak community, without having the right to alienate № 207 day nursery for non-academic purposes, sold the day nursery to Yu.H. for AMD 20 million by the decision of October 2, 2002. The Head of Ajapnyak community based on the decision of the Council of elders, sold the building of № 207 day nursery with the surface of 2477.84 m² to the same citizen for AMD 20 million by the decision of November 20, 2002.

On February 5, 2003 several officials of Yerevan Municipality and Ajapnyak community concluded a contract with Yu.H. on the lease of the land plot  with the surface of 10 thousand 223.7 m².

By the decision of December 26, 2003, the Mayor of the city of Yerevan confirmed that pursuant to the conclusion of the Department of Architecture and Urban Planning of the Municipality of Yerevan the territory with the surface of 6 thousand 644.2 m² from the land plot with the surface of 10 thousand 223.7 m² was not included in the list of restrictions provided for by article 60 of the Land Code, (territories not subject to alienation) however another 3 thousand 579.5 m² was included in the list of restrictions and was not subject to alienation. By the decision of the Mayor the land plot with the surface of 10 thousand 223.7 m2 belonging to № 207 day nursery was divided into separate property units— 6 thousand 644.2 m² and 3 thousand 579.5 m².

On December 30 and 31, 2003 the abovementioned 2 land plots were leased to Yu.H. and V.H. and on June 23, 2004, the land plots were completely alienated to abovementioned individuals (afterwards the properties were pledged in different commercial banks of the Republic of Armenia  and in 2021 a territory with the surface of 2 thousand 900 m² from the abovementioned land plot was donated to A.E.).

Taking into consideration the fact, that cases of alleged crime were revealed during the examination, the prosecutor submitted a report on the crime to the Anti-corruption committee.

A criminal proceedings was initiated in the Anti-corruption committee under part 1 of article 308 of the Criminal Code adopted on 18.04.2003 (2 counts).

In the scope of the powers of initiating a claim on the protection of state (community) interest the Prosecutor General’s Office is undertaking measures for returning the property belonging to the community back to the community.