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The prosecutor submitted the case of “Shogher” nursery alienated in violation of the law to the Anti-corruption court

14/06/2024

During 2004, A.G. the former Head of Malatia-Sebastia Community of the city of Yerevan, with the help of the members of the Council of Elders of the community wasted a particularly large property—“Shogher” nursery. The prosecutor submitted the case to the court.

 

Let us remind that by the decision of the Mayor of Yerevan, dated May 11, 2004, “Shogher” nursery with a total area of 8760.0 m2 was provided to the Malatia-Sebastia quarter municipality for gratuitous (permanent) use.

 

According to the certificate on the Ownership right issued to the Malatia-Sebastia quarter municipality on June 25, 2004, the nursery didn’t constitute the property of the community, therefore, the community had no right to alienate it.

 

Despite the prohibition provided for by the law, on September 17, 2004, A.G., the Head of Malatia-Sebastia quarter municipality of the city of Yerevan, presented to the members of the Council of  Elders the offer regarding the alienation (through direct sale) of the kindergarten № 304 located at Babajanyan street to “A. Khalatyan College” Limited Liability Company.

 

On the same day, the members of the Council of Elders approved the direct sale of the nursery located on Babajanyan Street to “A. Khalatyan College” LLC.

 

On October 29, 2004, the Municipality, on behalf of A.G., Head of the community and “A. Khalatyan College” LLC, on behalf of the director A.Kh., concluded a real property sale and purchase agreement. The nursery was sold to “A. Khalatyan College” LLC for AMD 30 million, substantially less than the market value thereof. Meanwhile, the real price of the property in the given period amounted to AMD 295 million.

 

Afterwards, by the order of A.G., the Head of the community dated December 17, 2004, the nursery № 304 of Malatia-Sebastia quarter municipality was dissolved.

 

On June 10, 2024 the prosecutor initiated a new public criminal prosecution against A.G., former head of Malatia-Sebastia quarter municipality under point 1 of part 3 of article 179 and against A.Kh., Director of “A.Khalatyan College” Limited Liability Company under point 1 of part 3 of article 38-179 of the Criminal Code adopted on 18.04.2003.

The public criminal prosecutions against V.S., G.K., V.V., A.F., E.S., Zh.E., members of the Council of Elders of the community of Malatia-Sebastia quarter municipality were terminated on a non-acquittal ground—due to expiry of the statute of limitation.

 

On June 14, 2024 the prosecutor signed the indictment of A.G., former Head of Malatia-Sebastia quarter municipality and A.Kh., Director of “A.Khalatyan College” Limited Liability Company and submitted to the Anti-corruption court with the materials of the case.

 

At the same time, a property claim was submitted to the Anti-corruption court, requiring to confiscate the property damage in the amount of AMD 295 million caused to the state due to the acts incriminated to the accused.

 

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.