09.12.2019 | In violation of the requirements of the government’s decision, the state property transferred to “South Caucasus Railway” CJSC was alienated, depriving the RA from strategic transportation opportunities

On the basis of the letter and documents attached to it received from the Ministry of Territorial Administration and Infrastructures of the Republic of Armenia, the Department of State Interests Protection of the Prosecutor General's Office of the RA studied the issue of protecting state interests in the process of alienation of state property from the concession assets of “South Caucasus Railway” CJSC. For this purpose, the necessary documents were also requested from the State Property Management Committee adjunct to the RA Government and the RA Cadastre Committee.

 

In the course of the study, it was found out that on the basis of the decision of the RA Government N 12-Ա dated 12.01.2017, the Ministry of Transport, Communications and Information Technologies of the Republic of Armenia was allowed in the manner prescribed by law to remove state-owned immovable property located at the address: Yerevan, str. Sevan 21 (former parcel office), from the list of concession assets transferred to “South Caucasus Railway” CJSC. In accordance with this decision, the mentioned property was confiscated from the ministry and, for the purpose of alienation, was transferred to the staff of the State Property Management Committee adjunct to the RA Government.

 

It was envisaged that within nine months after the entry of the decision into force, the Ministry of Transport, Communications and Information Technologies of the Republic of Armenia, in cooperation with “South Caucasus Railway” CJSC, must ensure the implementation of acceptance and delivery works of real estate, and in cooperation with the State Property Management Committee adjunct to the RA Government carry out the works of acceptance and delivery as well as the separation of the alienated part of real estate registered as one unit, after which the property to be alienated should be submitted for alienation within three months.

 

The tripartite acts of acceptance and delivery of the land plot and warehouse (which are separated from the property and registered at the address: 21/5 Sevan) were submitted for approval by the Minister of Transport, Communications and Information Technologies of the Republic of Armenia, but they were not approved because it was found out that the State Property Management Committee adjunct to the RA Government carried out the works on the separation of the alienated part of the land plot without the consent of the Ministry and “South Caucasus Railway” CJSC.

 

And despite the fact that the acceptance and delivery act was not signed, the process of alienation of the said property was carried out through the auction and the ownership of physical entities was registered in relation to it. As a result, the railway lines of “South Caucasus Railway” CJSC were left without an opportunity of getting closer, which did not allow implementing the works of unloading and loading.

 

Thus, the facts registered in the course of the study indicate that the responsible officials of the Ministry of Transport, Communications and Information Technologies of the Republic of Armenia and the State Property Management Committee adjunct to the RA Government did not fulfill their official duties, did not ensure the separation, acceptance and delivery of the alienated part of real estate registered as one unit, and the responsible officials of the department, without performing the specified works, submitted for alienation the land plot and warehouse. As a result, the rights and legitimate interests of “South Caucasus Railway” CJSC and the Republic of Armenia were violated, as it became impossible to carry out strategic transportation. Thus, this led to grave consequences for the state.

 

On the basis of the above-mentioned, a criminal case was initiated under Part 2 of Art. 308 of the RA Criminal Code. The preliminary investigation of the case was entrusted to the RA IC.

 

Notice: Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by the RA Criminal Procedure Code and unless the verdict comes into legal force.

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