Newsfeed
26/04/2023
The claim of the Prosecutor General’s Office was awarded by the Administrative court on April 26, 2023. Decision № 622-A of the Mayor of Yerevan of April 26, 2006 on alienation through direct sale of the land plot belonging to the Victory park (adjacent to Azatutyun Avenue) leased by Golden Palace hotel was recognized null and void under the judgment. The pledge (mortgage) contract on the immovable property and the state registration of the ownership right as well as the sale and purchase agreement № 12366 of June 1, 2006 and the state registration of the ownership right were also recognized invalid by the court.
We would like to remind that under Decision № 622-A of the Mayor of Yerevan of April 26, 2006 and Decision №1619-A of April 8, 2008 land plots with the surface of 17077,6 m2 and 10000m2, were alienated to Golden Palace Hotel and Golden Palace LLC through a direct sale, however those land plots, as part of the Victory Park, were included in the list of land plots that are not subject to alienation, thus they are not subject to alienation.
The Prosecutor General’s Office filed 2 claims with the court on April 25, 2022.
By one of the claims the Prosecutor General’s Office required to recognize null and void Decision № 622-A of the Mayor of the city of Yerevan on alienating through a direct sale the land plot from the territory of the Victory Park leased to Golden Palace Hotel made on April 26, 2006 and as a result requested to recognize invalid the state registration of the ownership right.
Particularly, by the investigation carried out by the Department of State Interests Protection of the Prosecutor General’s Office it was found out, that the Mayor disregarding the fact that the mentioned territory belonged to the park under the general layout of Yerevan city and as such it must be included in article 60 of the Land Code and realizing the illegal nature of № 18-09/2-881 conclusion issued by A.L., Head of Department of Architecture and Urban Planning of Staff of Yerevan Municipality, on March 16, 2006 (untruthfulness of the information that the land plot is not included in the list of limitations provided for by article 60 of the Land Code) alienated the land plot (with the surface of 17077,6 m2 included in the area of the Victory Park, adjacent to Azatutyun Avenue (Azatutyun Avenue 2/2)) to Golden Palace Hotel through a direct sale under point 1 of his decision № 622-A of April 26, 2006.
Under point 3 of the same judgment, the Mayor of the city of Yerevan canceled № 3505-2003 general layout of the land plot with the surface of 17077,6 m2 occupied by the Victory Park, issued by Department of Architecture and Urban Planning of Staff of Yerevan Municipality on November 18, 2003 based on Decision №2060-A of the Mayor of the city of Yerevan of October 27, 2003. The abovementioned land plot occupied by the park was included in the list of limitations provided for by article 60 of the Land Code.
Thus the land plot with the surface of 17077,6 m2 illegally alienated to the Golden Palace Hotel located at the Victory Park will be returned to the state after the judgment of the Court entered into legal force.