The Department of State Interests Protection of the Prosecutor General’s Office, in the scope of its power of initiating a claim on state (community) interests, examined the cadastral cases of immovable properties located at 16, 16/1, Abovyan Str., city of Yerevan, 1 Orbeli brothers, Tsaghkadzor  city, “Painter” creative rest house, Shorzha village, Gegharkunik region, 3 Baghramyan str., city of Yerevan, “House of writers” located in the territory of Sevan peninsula as well as creative house of writers located in Tsaghkadzor city, Kotayk region belonging to the “Writers Union of Armenia” and “Artists’ Union of Armenia”. As a result of the examination it was found out that the ownership right registration of the abovementioned immovable properties was carried out in violation of the requirements of legal acts.

1. With regard to the ownership right of “Writers Union of Armenia ” NGO

The judgment of the First Instance Court of Kentron and Nork-Marash communities of Yerevan city of September 22, 2000 under the civil case №2-244-2000 on partially awarding the claim of the “Writers Union of Armenia” and on recognizing invalid the state registration of the ownership right over the immovable property located at 3 Baghramyan Str., made on March 12, 1999, (however such right didn’t rise from the cited judgment) constituted the bases for the registration of ownership right of “Writers Union of Armenia ” NGO over the immovable property located at 3 Baghramyan Str., city of Yerevan.  

Moreover the “Writers Union of Armenia” NGO was created on June 4, 1993 and before that point 1 of the law “On the state property of the Republic of Armenia” adopted on September 10, 1990 defined that the property of all state enterprises, unions, institutions and organizations located in the territory of the Republic of Armenia is the property of the Republic of Armenia.

Based on the cited law, the immovable property located at 3 Baghramyan Str., city of Yerevan became the property of the state and there was no legal substantiation for its transfer to “Writers Union of Armenia” NGO, thus the immovable property located at 3 Baghramyan Str. was taken out of control of the state without any substantiation.

By the fact of the mentioned violations and based on the report submitted by the Department, a criminal proceedings was initiated and a claim was submitted to the court on challenging the registration of the ownership right.

Pursuant to the Territorial Body of the Department of the State Real Estate Cadastre under the Government of the Republic of Armenia, the minutes of the sitting №16 of the Executive Committee of District Soviet of Sevan, dated August 5, 1965 underlay the registration of the ownership right of the “Writers Union of Armenia” over the building with the surface of 918, 34 m² and land plot with the surface of 7763 m² located at the territory of the peninsula of Sevan city on February 26, 1999, however “Writers Union of Armenia” NGO was created on June 4, 1993. By the fact of the mentioned violations and based on the report submitted by the Department, a criminal proceedings was initiated and a claim was submitted to the court on challenging the registration of the ownership right.

The State Committee of the Real Estate Cadastre under the Government of the Republic of Armenia registered the ownership right of the “Writers Union of the Republic of Armenia” over the building with the total surface of 7303, 40m², located in Tsaghkadzor city, Kotayk region based on the letter of the chairman of the “Writers Union of the Republic of Armenia” dated May 27, 1998. Due to the lack of legal grounds for alienation of the building to the “Writers Union of the Republic of Armenia”, the Department submitted a report and a criminal proceedings was initiated. A claim was submitted to the court on challenging the registration of the ownership right.

2. With regard to the ownership right of “Artists’ Union of Armenia ” NGO

As a result of examination of minutes № 2 of the meeting of the Council of “Artists’ Union of Armenia” it was found out that during the abovementioned meeting it was decided to sell the complex of half-built buildings belonging to the “Artists’ Union of Armenia” and the defined price amounted to USD 300.000. Based on the abovementioned a contract on alienation of the building located at 16/1 Abovyan Str., city of Yerevan and 4 half-built buildings located in the middle of “Moscow” cinema was concluded between “Artists’ Union of Armenia” NGO and “Aghabekyan and Bek International” IP on September 1, 1995. 

Based on this contract on September 12, 1995 the ownership right of “Aghabekyan and Bek International” IP over the abovementioned buildings was registered and ownership certificate №15713 was issued. However point 1 of the law “On the state property of the Republic of Armenia” adopted on September 10, 1990 defined that the property of all state enterprises, unions, institutions and organizations located in the territory of the Republic of Armenia is the property of the Republic of Armenia.

Pursuant to the cited law, half-built buildings alienated by the “Artists’ Union” NGO belonged to the state and there is no evidence in the cadaster case that the state alienated the abovementioned buildings to the abovementioned NGO after 1990.

By the fact of the mentioned violations and based on the report submitted by the Department a criminal proceedings was initiated and a claim was submitted to the court on challenging the registration of the ownership right.

Based on decision № 311 of the Government dated May 21, 1998, the State Real Estate Cadastre under the Government of the Republic of Armenia registered the ownership right of the “Artists’ Union” NGO over the building located at 16 Abovyan Str., city of Yerevan, with the total surface of 2403.9 m²,  on April 2, 1999.

It must be mentioned that before the adoption of the mentioned decision, point 1 of the law “On the state property of the Republic of Armenia” adopted on September 10, 1990 already defined that the property of all state enterprises, unions, institutions and organizations located in the territory of the Republic of Armenia is the property of the Republic of Armenia.

From the contextual analysis of the cited legal act follows that the property of all state enterprises, unions, institutions and organizations became the property of the state, pursuant the law adopted in 1990, as a result of which there was a need to organize their accounting and further use, thus based on the abovementioned decision of the Government only the ownership right of the state could be registered over the state property, which excluded the possibility of registering the ownership right of NGO over the state property.

By the fact of the mentioned violations and based on the report submitted by the Department a criminal proceedings was initiated and a claim was submitted to the court on challenging the registration of the ownership right.

Minutes №2 of the executive committee of the Tsaghkadzor city council, dated March 15, 1996, constituted the basis for registration of the ownership right of the Artists’ Union of Armenia over “Nkarich holiday home” located at 1 Orbeli Str., Tsaghkadzor city, which could not have legal consequences for the “Artists’ Union of Armenia” established in 1992.

By the fact of the mentioned violations and based on the report submitted by the Department a criminal proceedings was initiated and a claim was submitted to the court on challenging the registration of the ownership right.

On February 23, 2001, the State Real Estate Cadastre under the Government of the Republic of Armenia registered the ownership right of the “Artists’ Union of Armenia” NGO over the building of “Painter” creative rest house with the surface of 432.5 m² and constructions with the surface of 909.1 m², 39.1 m², 176.1 m², 129.6 m², 102.7 m², 35 m², 430 m^2, and the right of permanent use over the land parcel with the surface of 2.75 ha located in Shorzha village, Gegharkunik region, based on land allocation decision №12, Letter on the value of the building dated February 18, 2000 and Procedure № 807 on transferring the building into the balance of the “Artists’ Union” on October 24, 1974.

Pursuant to point 1 of the law “On the state property of the Republic of Armenia” adopted on September 10, 1990 the property of all state enterprises, unions, institutions and organizations located in the territory of the Republic of Armenia is the property of the Republic of Armenia.

From the contextual analysis of the cited legal act follows that the property of all state enterprises, unions, institutions and organizations became the property of the state pursuant the law adopted in 1990, thus it follows that as a results of the abovementioned legal regulation only the ownership right of the Republic of Armenia can be registered over the “Painter” creative rest house in Shorzha village. Thus the ownership right of the “Artists’ Union of Armenia” NGO could be registered over the mentioned building only in case of its alienation in any way by the Republic of Armenia, which didn’t took place.

By the fact of the mentioned violations and based on the report submitted by the Department a criminal proceedings was initiated and a claim was submitted to the court on challenging the registration of the ownership right.