07.04.2020 | The prosecutor of Lori region turned to the marzpet and the head of the community regarding the issue of returning the territory of Alaverdi branch of the National Gallery

During the verification of the legality of the preliminary investigation of the criminal case carried out by the Prosecutor’s Office of Lori region, it was found out that without state registration of the right, the ownership of another person was registered in relation to the territory of the gallery on Kakhoyan street, and as a result, significant harm was inflicted on the legitimate interests of the community.

 

In particular, in December 2018, the correspondent of the electronic newspaper ‹‹Hetq›› in Tumanyan Division of the RA Police reported that as a result of a journalistic investigation he found out that the building of Alaverdi branch of ''National Gallery of Armenia'' was the property of the city of Alaverdi, which, as a result of forgery, by the verdict rendered by Court of First Instance of General Jurisdiction of Lori region was transferred to ''Armeconombank'' CJSC.

 

On 31.12.2018 a criminal case was initiated under Part 1 of Art. 325 of the RA Criminal Code.

 

During the preliminary investigation of criminal case, it was found that on 14.03.1997 by the decision of the RA Government N 51, the building of the store N 18 on Kakhoyan street, which was turned into a gallery, was transferred to Alaverdi city community on the basis of ownership.

 

Meanwhile, on 30.12.1996 by Tumanyan branch of ''Armeconombank'' CJSC a lawsuit was filed in the court of Vanadzor with the demand to declare the city bankrupt for non-payment of debt in the amount of 41.392.000 AMD. On 19.06.1997 by the decision of the court of Vanadzor, the city of Alaverdi was declared bankrupt.

 

On 08.08.1977 court rendered a judgement on the sale of property of Alaverdi through an auction.

 

On 11.08.1997 the bankruptcy manager presented to the court a list of objects for sale and information on preliminary sale prices, which also included the territory of the gallery, the preliminary price of which was set for 5.000.000 AMD.

 

The court of First Instance of Lori region, by a decision of 23.04.1999 transferred store N 18 by the address: Kakhoyan 7, among other facilities instead of debt to Tumanyan branch of ''Armeconombank'' CJSC.

 

Meanwhile, leaders of Alaverdi community, not in 1997, not in 1999 did not submit any objections on the legality of the territory of the gallery in the case when Alaverdi building of ‘’National Gallery of Armenia ‘’ was transferred to the ownership of the city of Alaverdi by the indicated decision of the RA Government.

 

Thus, by the data obtained during the preliminary investigation in 1997 and in 1999 the former mayors of Alaverdi V. Lalayan and K. Yesayan did not properly fulfill their duties and were not consistent so that the property was not included and was not alienated along with other property.

 

In the course of the preliminary investigation of the criminal case, the latter addressed letters to the body, conducting preliminary investigation accepting that they showed careless attitude toward work and asked not to initate a criminal prosecution against them  on the basis of the expiration of statute of limitations for criminal prosecution.

 

Thus, in the course of the preliminary investigation, the fact of criminal infringement against the legitimate interests of the community was confirmed, therefore, in the presence of the above mentioned circumstances excluding criminal prosecution, decisions were made to terminate the proceedings and not to initiate prosecution on the basis of the expiration of statute of limitations.

 

However, given the fact that the consequences of the alleged crime were not eliminated, the Prosecutor of Lori region G. Manukyan addressed a letter to the head of the community of Alaverdi S. Khechumyan and Marzpet of Lori A. Ghukasyan. The prosecutor of the region  raised the issue of excluding such phenomena in future in local self-government bodies.

 

At the same time, by the petition was raised the issue of filing a lawsuit in the administrative court of the Republic of Armenia with a request to cancel state registration of ownership of the gallery / address: Alaverdi city, Tumanyan 44 and 44/1 ( in the past, Alaverdi city, Kakhoyan 7 )/ and taking the necessary measures to restore the legitimate interests of the community.