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The Prosecutor General’s Office granted the motion on state interests protection: about USD 11 million will be returned to the state

06/04/2024

In 2022, the Department of State Interests Protection of the Prosecutor General’s Office submitted a statement of claim to the court requiring to confiscate AMD 5 billion 689 million 764 thousand jointly from Samvel Mayrapetyan and Gagik Hakobjanyan as a compensation of damages caused to the state.

 

Pursuant to the decision of the court dated April 21, 2022, the motion of the Prosecutor General’s Office on application of a measure for securing the claim was granted.

 

Pursuant to the factual basis of the submitted statement of claim, Samvel Mayrapetyan, failing to have an intention to pay the taxes in especially large amount stemming from the entrepreneurial activity of the company at the outset, during 2006, with the help of Gagik Hakobjanyan and his company “Globus” LLC concluded real estate sale and purchase agreements of 141 units of immovable properties, located at 66 Teryan, city of Yerevan, with prices significantly lower than the market value of those immovable properties. As a result sale and purchase agreements were concluded between Gagik Hakobjanyan and natural persons at “Kentron” notarial district, pursuant whereof the cost of 1m2 apartment amounted to AMD 66. 000, parking lot—AMD 75.000 and non-residential territories—AMD 61.000. However at that time, the market value of the apartment located at that territory amounted to AMD 770.000, the parking lot—AMD 160.000 and the non-residential territory—AMD 875.000. Afterwards for the purpose of payment of tax liabilities stemming from those transactions the amount of the VAT submitted by the abovementioned individuals amounted to AMD 228 million 696 thousand 200 for the second trimester of 2006 instead of the expected AMD 3 billion 72 million 651 thousand, id est, the underestimation amounted to AMD 2 billion 843 million 955 thousand.

 

In addition the real value of those transactions were not completely included in the profit tax calculation of 2006 and taking into consideration the expenses deductible from the gross income, the amount of the profit tax of 2006 submitted by Gagik Hakobjanyan amounted to AMD 11 million 435 thousand instead of the expected AMD 2 billion 846 million 243 thousand 830, id est, the underestimation amounted to AMD 2 billion 843 million 808 thousand.

 

 Afterwards, for the purpose of hiding the criminal activity of not paying the taxes in especially large amount by “Globus” LLC as well as for reducing the risk of its disclosure, initiated the liquidation procedure of the company based on the assignment of Samvel Mayrapetyan and on November 21, 2006 the company was liquidated.

 

Pursuant to the decision of the Anti-corruption court dated 05.04.2024 the statement of claim submitted by the Department of State Interests Protection of the Prosecutor General’s Office was granted.

 

After the decision enters into legal force AMD 4.4 billion (USD 11 million) shall be confiscated from the businessman Samvel Mayrapetyan and Gagik Hakobjanyan, Director of “Globus” LLC in favor of the Republic of Armenia.