07.03.2022 | With the effective involvement of the prosecutor's office, the violated property rights of the guardian of the neuropsychological boarding school were restored

According to the results of the audit conducted by the Accounts Chamber of the Republic of Armenia in "Vardenis psychoneurological boarding house" SNCO it was found out that the beneficiary of this organization, which in the period of 2020 was not absent from the boarding house, in the same year carried out real estate transactions.


In this regard, a study was initiated in the Department for the Protection of State Interests of the RA Prosecutor General's Office. As a result, the prosecutor issued a decision to initiate a criminal case on the grounds of Part 2 of Art. 308 of the RA Criminal Code and sent to the Lori Investigative Department of the RA IC for conducting a preliminary investigation and establishing all the circumstances.


According to the data obtained in the course of the study and the preliminary investigation it was also established that by the verdict of the court of first instance of general jurisdiction of Lori region of the Republic of Armenia G.D. was declared disabled on April 15, 2016 and in the same year he was admitted to "Vardenis psychoneurological boarding house" SNCO. From August 22, 2016 G.D. was the guardian of the organization. Under Part 4 of Article 37 of the RA CC the guardians and curators of citizens needing guardianship or curatorship and kept or placed in respective upbringing, medical institutions or in those for social protection of population or other similar institutions shall be deemed to be these institutions.


It was established, however, that the commission for guardianship of the Odzun community, by studying the statement of uncle G.D. and on the basis of the verdict of the court of first instance of Lori region of the Republic of Armenia in 2016 on recognizing G.D. as disabled, according to the conclusion of February 27, recognized his uncle as the guardian of G.D. That is, the fact that G.D. from 22.08.2016 was in the Vardenis psychoneurological boarding school and, in accordance with the law, his guardian was the specified organization, therefore, ensuring the protection of his rights and interests was the sole responsibility of the specified organization.


Later, the head of Odzun community, A. Titanyan, also gave his consent regarding the alienation of G.D.'s property by the uncle.


As a result of all this, real estate belonging by right of ownership to G.D. were alienated.


At the same time, the actions of the head of the community A. Titanyan were assessed. Having considered his act in the field of Part 2 of Art. 315 of the Criminal Code of the Republic of Armenia and taking into account the fact that all the real estateс of G.D. were returned to him, as well as the fact that the act of medium gravity committed by the head of the community as a result of a change in the situation ceased to be dangerous to society, a decision was made to suspend the criminal proceedings and not to carry out criminal prosecution against him.