Bankruptcy processes are accompanied by criminal mechanisms with the participation of bankruptcy managers. The prosecutor's office counts on the active initiative of citizens
In the course of the investigation of the materials of the criminal cases being investigated in the Investigative Department of the National Security Service of the Republic of Armenia, it was found out that as a result of the criminal behavior of the bankruptcy managers, including the criminal agreement with the judge, the rights and legitimate interests of citizens and organizations were grossly violated.
In particular, by these criminal cases, data were obtained that the bankruptcy manager A.Kh. within the framework of bankruptcy proceedings, by abusing with his powers, obstructed the process of selling real estate and the judge by the case knew about it.
In particular, the initial price of the property was illegally and artificially reduced, and the reports provided by the law regarding the bankruptcy process were not submitted to the manager for a long time. In such conditions, no measures were taken to prevent criminal acts and eliminate the consequences.
Taking advantage of these circumstances, manager A.Kh prevented the sale of the said apartment. In the period 2018-2019 he misled people interested in purchasing an apartment.
By continuing his criminal activity, the bankruptcy manager A.Kh. according to the obtained data, by the order of the judge with a view to create a certain basis for the judicial act, received a statement from the owner of the property and the judge attached the statement to the proceedings of the case. As a result, the judge adopted a judicial act and, on the basis of this, a writ of execution was issued, obliging to take out items from the territory of the apartment.
According to the Articles 81 and 87 of the RA Law ''On bankruptcy'' from the moment the decision on the liquidation of the debtor has been adopted, the Administrator shall submit a report to the court on the sale of the debtor’s property, the distribution of proceeds from the sale, the satisfaction of the creditors’ claims, as well as measures taken by the Administrator with respect to the collection of the debtor’s property and assets (including accounts receivable). Within a period not later than 15 days and not earlier than 10 days after receiving the final report, the judge shall convene a sitting and notify the Administrator and creditors about it at least three days prior thereto.
According to data obtained in the course of the investigation of the bankruptcy proceedings, the current and final bankruptcy reports were either not submitted by the manager at all or were presented in violation of the law. At the same time, the manager did not present the mandatory reports provided by the law for other cases, too.
Taking into account the fact that supervision over compliance with the requirements of the legislation by managers is carried out by the RA Ministry of Justice to prevent further criminal manifestations, the RA Prosecutor General A. Davtyan applied to the RA Minister of Justice R. Badasyan with a petition.
The petition raised the issue of the need to strengthen supervision over compliance with the procedures provided for by law, including the improvement of supervisory procedures. At the same time, the RA Prosecutor General's Office urges citizens who have information about possible illegal actions of managers to immediately contact the RA Prosecutor General's Office or other law enforcement agencies.
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.
