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The decision on deviding land plot belonging to N2 secondary boarding school of Yerevan city was rendered in violation of the law: the court accepted the statement of claim of the Prosecutor General’s Office into the proceedings

23/04/2025

On April 14, 2025, the Administrative Court accepted into proceedings the statement of claim submitted by the Prosecutor General’s Office, pursuant whereof the Prosecutor’s Office required to declare invalid point 2 of Decions № 672-A “On deviding the land plot located at 3 Hr. Nersisyan Str.,  with the surface of 6 thousand 577 m2, occupied by № 2 secondary boarding school of Yerevan city (“Special School № 3 for Orphans and Children Deprived of Parental Care" SNCO) into 2 separate property units” dated April 3, 2007 and eliminate the consequences.

 

Let us remind that based on Decision N 849-A of the Mayor of Yerevan city, dated April 22, 2003, the № 2 Boarding School of Yerevan city was renamed “Special School № 3 for Orphans and Children Deprived of Parental Care" SNCO and by Decision N 3404 of the Mayor dated May 6, 2010, it was restructured into № 30 Comprehensive School of Yerevan city. Afterwards by decision N 575-N of the Government dated May 6, 2010,  № 30 Comprehensive School of Yerevan city was restructured into №30 High School of the city of Yerevan and by Decision N 865-N of the Government dated July 4, 2012 it was reorganized and joined Yerevan State Medical University after M. Heratsi as "Heratsi" High School.

 

Pursuant to the statement of claim of the Prosecutor General’s Office, Yervand Zakharyan, former Mayor of Yerevan city, rendered decision № 672-A “On deviding the land plot located at 3 Hrachya Nersisyan Str.,  with the surface of 6 thousand 577 m2, occupied by № 2 Secondary Boarding School of the city of Yerevan into 2 separate property units” in violation of part 2 of article 5 of the RA Law “On non-governmental organizations”.

 

In particular, pursuant to the abovementioned law, only the founder shall have the right to take back the property attached to the state organization. In this case the founder of “Special School № 3 for Orphans and Children Deprived of Parental Care" SNCO was the Government, however the power was excercised by the Mayor of Yerevan city, failing to take into consideration the fact that the latter was authorized to excersise powers envisaged by supoints “c”, “d”, “e” and “g” of point 2 of article 13 of the RA Law “On non-governmental organizations”.