Based on the letter received from the Ministry of Education, Science, Culture and Sports on January 5, 2024, the Department of the State Interests Protection of the Prosecutor General’s Office conducted an examination. In the scope of the examination it was found out that the Head of Aparan community of Aragatsotn region, by Decision № 131-A dated April 1, 2019 “recognized the church, voluntarily built by the community in 1208 and 1220 in the land plot belonging to the community and located at 2, 1^st Blind Allay, 8^th Street, Yeghipatrush settlement, Aragatsotn region, the property of the community” based on which on April 4, 2019 the Cadaster Committee registered the ownership right of Yeghipatrush community.

On the same day on April 4, 2019, on the basis of the same legal ground the Cadaster Committee registered the ownership right of Aparan community over those churches. Afterwards, On June 9, 2020, Aparan community alienated the church located at 2, 1^st Blind Allay, 8^th Street, Yeghipatrush settlement, Aragatsotn region to the Armenian Apostolic Church based on the donation contract. On July 6, 2020 the Cadaster Committee registered the ownership right of the Armenian Apostolic Church.

However, pursuant to subpoint “j” of Article 2 of the RA Law “On historical and cultural immovable monuments that are considered the state property of the Republic of Armenia and are not subject to alienation”—the religious and civil constructions— mosques, temples, churches, chapels, monasteries, residential, industrial, communal, economic buildings and palaces, which are in the condition that excludes the possibility of their complete scientific restoration and their use pursuant to their original operational purpose, constituting the state property of the Republic of Armenia  and included in the state  list of state owned historical and cultural immovable monuments shall not be subject to alienation in the Republic of Armenia.

Pursuant to Article 8 of the same law the Government of the Republic of Armenia approves the state list of historical and cultural immovable properties not subject to alienation.

Pursuant to Decision № 385-N of the Government dated March 15, 2007, the “Holy mother of God” church located at the territory of Yeghipatrush settlement of Aragatsotn region was included in “The state list of historical and cultural immovable properties that are considered the state property of the Republic of Armenia and are not subject to alienation”.

In this case the Head of Aparan community of Aragatsotn region disregarding the requirement of the relevant law of the Republic of Armenia, declared the “Holy mother of God” church located at the territory of Yeghipatrush settlement and included in the state list of the historical and cultural immovable properties that are considered the state property of the Republic of Armenia and are not subject to alienation a voluntary construction, recognized it as an ownership of the community and afterwards donated it, as a result whereof, the church belonging to the state fell out of the disposition of the state.

Taking into consideration the abovementioned, the prosecutor of the Department of the State Interests Protection of the Prosecutor General’s Office submitted a report on the crime on January 22, 2024 and on January 24, 2024 a criminal proceedings was initiated. On February 7, 2024 a claim was submitted to the Administrative Court against the Head of Aparan Community, on recognizing Decision № 131-A, dated 01.04.2019 of the Head of Aparan community invalid and with the requirement to apply consequences of invalidity.

Based on the decision of the Administrative Court dated February 15, 2024 the acceptance of the statement of claim under the invoked administrative case was rejected.

Based on the decision of the Administrative Court of Appeal dated April 22, 2024, the appeal of the Prosecutor General’s Office was rejected.

The Prosecutor General’s Office submitted a cassation appeal. At the same time on June 11, 2024 a proposal was submitted to the Council of Elders of Aparan Community to invalidate the decision of the Head of the community № 131-A dated April 1, 2019 and submit a claim to the court with the requirement to apply consequences of invalidity.