During 2022, in the scope of the powers of initiating a claim on the protection of state (community) interest the Prosecutor’s Office examined the cadastral case of the registration of the right of use and possession of the developer with regard to the buildings and constructions built in the park of Gavar Children’s Home of the Ministry of Labor and Social Affairs.

The examination was based on the latter submitted by Narek Mkrtchyan, Minister of Labor and Social Affairs of the Republic of Armenia, to the Prosecutor General of the Republic of Armenia.

As a result of examinations carried out in the Prosecutor’s Office, the Prosecutor of the Department of State Interests Protection submitted a report on crime to the Investigative Committee. On June 17, 2022 a criminal proceedings was initiated under part 1 of article 315 of the Criminal Code adopted on 18.04.2003.

Under the criminal proceedings it was found out, that a notary certified lease agreement was concluded between the former director of Gavar Children’s House SNPO and his relative L.H. on May 13, 2011, under which a territory with the surface of 500 m² located at the park belonging to Gavar Children’s House SNPO was provided to L.H. for the purpose of building a children’s café.

On May 19, 2011 L.H.’s right to lease was registered at the State Committee of the Real Estate Cadaster under the Government over the land plot with the surface of 750 m². On July 7, 2015, a territory with the surface of 700m² was provided to the same person under the lease agreement. On August 11, 2020, L.H.’s site construction right was registered over the territory with the surface of 0.0575 ha and the right to use and possession of the developer was registered over the buildings and constructions.

Under the criminal proceedings it was found out that the lessee used the property inconsistently with the terms of the agreement—failed to use as a children’s café (after the examination of the territory advertising posters of beer and ashtrays were found).

Let us remind that on February 20, 2023 Anna Vardapetyan, RA Prosecutor General visited Gavar Children’s Home in the scope of her visit to Gegharkunik region and gave several assignments to Gagik Ayvazyan, Prosecutor of the region, regarding the abovementioned issues. 

The Prosecutor’s Office of Gegharkunik region submitted a written motion to the director of Gavar Children’s Home SNPO proposing to undertake measures to recognize the state registration of L.H.’s rights over the land plots invalid and to register the ownership rights of the Republic of Armenia over the buildings and constructions.

As a result of the written motion the right to conduct site development activity on the land plot was terminated and on April 1, 2024, the ownership right of the Republic of Armenia was registered over the buildings and constructions. 

The preliminary examination of the criminal proceedings is pending.

Notice:  A person charged with any crime shall be presumed innocent until proved guilty in the manner prescribed by the RA Criminal Procedure Code—by the judgment came into legal force.