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Արթուր Դավթյանի ելույթը ՀՀ դատախազության համակարգի հիմնադրման 104-ամյակի առթիվ

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07.04.2022 | Charge brought against the former and current directors of "Yerevan Jewelry Factory" OJSC, director of "Gnomon" OJSC

In the course of a study conducted at the Department for the Protection of State Interests of the RA Prosecutor General's Office, information was received that the responsible officials of “Yerevan Jewelry Factory” OJSC in the framework of a civil case in 2017-2018 did not submit to the court an agreement with “Gnomon” OJSC, which is the basis for the “acts of reconciliation of mutual settlements”, as well as the shortcomings registered by the Court of Cassation were not eliminated, as a result of which the state-owned company was deprived of the opportunity to get receivables in the amount of 1.092.593.543 drams, and was burdened an obligation to pay a state duty in the amount of about 56,000,000 drams.

 

In accord with this fact, a criminal case was initiated in the Department for the Protection of State Interests of the RA Prosecutor General's Office under Part 2 of Article 315 of the Criminal Code of the Republic of Armenia, the preliminary investigation of which is entrusted to the Investigative Division of Kentron and Nork-Marash administrative districts of Investigative Department of Yerevan of the RA Investigative Committee.

 

Based on the evidence obtained during the preliminary investigation, it is substantiated that the director of “Gnomon” OJSC E. G. had previously agreed with the director of “Yerevan Jewelry Factory” OJSC G. K., through material interest, encouraged him to ensure that the latter exceeded his official powers provided by law. In particular, under the above conditions, G.K. violated the requirements of the RA Law “On Open Joint Stock Companies”, in 2012-2016 in the absence of a positive conclusion of the meeting of shareholders of “Yerevan Jewelry Factory” OJSC, in the absence of authority to conclude a large one-time transaction, concluded one with E.G.

 

As a result, the state-owned company was deprived of the opportunity to timely receive receivables in the amount of 1.092.593.543 drams.

 

In addition, E. G., with the mercenary purpose of canceling the receivables of “Gnomon” OJSC and by appropriating the receivables of “Gnomon” OJSC, agreed with G. K. in a civil case pending in the court of general jurisdiction of Yerevan, according to which "Yerevan Jewelry Factory" OJSC filed a claim for confiscation of 1.146.889.564.543 drams from "Gnomon" OJSC, not to provide the contract that substantiates the claim, which is the basis of the existing acts of reconciliation between the companies.

 

As a result of consideration of the claim, the court dismissed the claim of "Yerevan Jewelry Factory" OJSC, arguing that the reasons indicated by the claimant do not represent to the court the fact that they were in a contractual relationship. Later, this decision entered into force.

 

That is. E. G., knowing full well about the existence of the contract in question, using his influence on G.K., agreed not to provide the said contract, realizing from the outset that the demand was unfounded in the absence of a contract. Thus, E.G. organized the theft of 1.092.593.543 drams from the state company.

 

The investigation established that the current director of “Yerevan Jewelry Factory” OJSC A.A., although on May 12, 2017 filed a lawsuit for the invalidation of the "Acts of reconciliation of mutual settlements" signed with “Gnomon” OJSC, as well as for the confiscation of 1.092.593.543 drams from the latter, but did not submit to the court the cooperation agreement signed on January 15, 2007, and did not prove the existence of a contractual relationship. Thus, the court dismissed the company's claim.

 

Based on the totality of the evidence obtained, the decisions were made to charge the former director of the “Yerevan Jewelry Factory” OJSC G.K. under part 3 of Article 309 and paragraph 1, part 3 of Article 38-179 of the Criminal Code of the Republic of Armenia, director of OJSC "Yerevan Jewelry Factory-1" OJSC "Gnomon" E. G. under part 3 of Article 38-309 of the Criminal Code of the Republic of Armenia and under paragraph 1 of part 3 of Article 179 of the Criminal Code of the Republic of Armenia, and the current director of the "Yerevan Jewelry Factory" OJSC A.A. - under part 2 of Article 315 of the Criminal Code of the Republic of Armenia.

 

Petitions were submitted to the First Instance Court of Yerevan for the application of detention as a restraint measure for E.G. և G.K., which were rejected.

 

The body conducting the proceedings chose a bail in the amount of 100.000.000 drams as a restraint measure for E. G., and a written undertaking not to leave the place for G. K. and A. A.

 

The investigation is underway.

 

 

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.