RA Prosecutor’s Office

Newsfeed

The filling station built in the area adjacent to Hrachya Kochar street in Yerevan was privatized in violation of the law. Criminal proceedings were initiated based on the Prosecutor's report

01/02/2024

The Prosecutor's Office of Yerevan city, within the framework of the authority to initiate a lawsuit for the protection of state (community) interests, examined the files regarding the filling station located in the area adjacent to Hrachya Kochar street in Yerevan.

 

As a result of the examination, it was found out that in 2002, an ownership right to an LLC company was registered over the above-mentioned filling station by the officials of the State Committee of Real Estate Cadastre.

 

According to the certificate of ownership, the decisions of Yerevan Mayor to lease the land parcel, which is considered state property, as well as the land lease contracts and the project, were the ground of the registration.

 

According to the mentioned contracts, the lessee was allowed to carry out construction on the leased land parcel, but there was no note regarding the ownership rights to it by the lessee. According to the current legislation, however, the ownership right to the building built by the lessee on the leased land parcel could be registered if such a ground was directly stipulated in the lease agreement.

 

In the absence of legal grounds, the Cadastre Committee registered the property right, as a result of which significant damage was caused to the state interests.

 

The examination also revealed that the land parcel occupied by the filling station is included in the list of restrictions of Article 60 of the Land Code (areas not subject to alienation).

 

Taking into account that during the study, cases of alleged crimes committed by officials of the Cadastre Committee were found, the Prosecutor of the Prosecutor's Office of the Yerevan city submitted a report on the crime to the Anti-Corruption Committee on January 23, 2024.

 

On January 25, 2024, the Anti-Corruption Committee initiated criminal proceedings under Part 1 of Article 441 of the Criminal Code (abuse of official powers).

 

The Prosecutor's Office, within the framework of the authority to initiate a lawsuit for the protection of state (community) interests, submitted a lawsuit to the Administrative Court on February 1, 2024, in order to return the state-owned property to the State.