Large-scale embezzlement and abuse of powers in the process of organizing a visit of the head of another state in 2016
March 11, 2020
On the fact of the letter received from the Ministry of Education, Science, Culture and Sport of the Republic of Armenia with the aim of considering the issue of initiating a lawsuit to protect the state in the Department of State Interests Protection of the Prosecutor General's Office of the Republic of Armenia, were studied the reasonableness and legality of the expenses of organizing the visit of the head of another state.
With a view to ensure the completeness of studying the documents, information was requested and received from the RA Ministry of Finance, the Office Staff of the RA Government, the Council of the Public Television and Radio Company of the Republic of Armenia, the RA State Revenue Committee and the RA Police.
In the course of the study, it was found out that by a secret decision of the RA Government dated 09.06.2016 with a view to ensure the visit of the head of another state to provide LLC with a donation, an amount of 576 million AMD were allocated from the fund for the RA Ministry of Culture and it was given to the company by a secret decision of the Minister, and a donation agreement was concluded.
Despite the fact that by the agreement it was envisaged that the allocated amount should include taxes, duties and other obligatory payments, nevertheless, on the basis of a secret decision of the RA Government, a secret order of the RA Minister of Culture 60.2 million AMD were transferred to the company. Meanwhile, according to the data received from the RA Ministry of Finance in the documents compiled by the company regarding the expenses, additional sum by 10% was allocated, that is, the provision of additional money for the mentioned purpose was not justified.
It was also found out that, within the framework of the amounts allocated for the company, the purchase of goods, works and services should have been carried out according to the negotiation procedure envisaged by the RA Law “On Procurement”, without publishing the announcement in advance. However, no documents were submitted on price proposals, technical specifications related to the application of negotiation procedures. No data were provided regarding the people included in the delegation, their number, terms, days, expenses that are necessary.
In the course of studying the agreements presented as a report by the company, it was found out that in many cases the prices of the agreements were significantly higher than the market value, property, work or services were purchased or leased, the need for which was not justified.
For example, with 3 different Ukrainian companies have been concluded agreements on the acquisition of technical services in Yerevan, Gyumri and Vagharshapat. Meanwhile, according to the data received from the RA Council of the Public Television and Radio Company, by another occasion in 2018, a Russian company made a price offer, according to which similar services of a mobile TV station were offered for half price for 1 unit.
Or in general, a red carpet, a T-shirt, an umbrella were purchased for 16.3 million AMD, however, there is no information how they were used or to whom the acquired goods were transferred. For 22 million AMD, border works were carried out, however, there are no notes regarding the technical characteristics and materials in the agreement.
LLC concluded an agreement with another company on the organization of translation works for 6 million AMD, however, it was found out that these companies were registered at the same address in Yeghegnadzor during this period, and as a company represented as offering translation services from May 2016 to March 2017 there was no registered employee, and the person who introduced himself as the director of this company and signed the agreement and the executive act according to the data of the RA SRC worked as the director of this company only since December 2018.
It was found out that by the agreement concluded with another company 17.06.2016-28.06.2016 passengers were transported by 5 cars of different brands, however, according to the data received from the RA SRC, the company that offered services besides the director did not have any other registered employee.
The LLC also presented the costs of financial coordination, financial consultation, legal services, the connection of which with the specified visit has no justification.
Thus, during the study, data were obtained regarding presenting to the Government in 2016 false data by the responsible officials of the RA Ministry of Culture; as a result of this, 60.2 million AMD were unreasonably allocated to the company, which entailed serious consequences for the state, and embezzlement was carried out with the use of official position in the amount of about 110.3 million AMD.
With reference to the above mentioned in the Department for Protection of State Interests of the RA Prosecutor General’s Office a criminal case was initiated under Point 1 of Part 2 of Art. 179, Point 1 of Part 3 of the Same Article of the RS CC. Preliminary Investigation was entrusted to the RA IC.
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.