The Department of State Interests Protection of the RA General Prosecutor’s Office has studied the documents received from the State Supervision Service on the process of leasing the real estate on street I. Gasparyan, Yerevan belonging to “ARMAERONAVIGATION” CJSC.

 

Respective documents and information were demanded and received from the RA Cadaster and Civil Aviation Committee in order to ensure the completeness of the study.

 

In the result factual data were received that “ARMAERONAVIGATION” CJS company has leased to N CJSC a part of the property on I. Gasparyan street belonging to it – 21,2 sq. m., 17,1 sq. m. and 6,3 sq. m. in the first floor – for 160.000 AMD monthly rent according to an agreement of March 2012. According to the agreement the lessee was obliged to pay the lessor the rent in due time, as well as for the electricity, water, utility bills.  

 

Leaseholder Company has signed contracts with other companies in 2012-2019 to sublease the mentioned areas, to extend their terms, each time suggesting higher rent - from 210,000 AMD to 425,000 AMD.

 

It follows from the sublease agreements that from April 2012 to March 2015 N LLC received about 7.3 million AMD in this way, from March 2015 to April 2016 about 4.6 million AMD, from April 2016 to August 2018 about 13․3 million AMD, and from 2018 to March 2020 about 8.1 million AMD, in total about 33․300․000 AMD. Meanwhile, "ARMAERONAVIGATION" CJSC received only 15.406.000 AMD leasing charge from N LLC for the same period.

 

These areas were overburdened with sublease during the whole period of the lease which proves that they were in demand and the amount of the rent mentioned in the sublease agreement was the real market price, which is more about with 17.894.000 AMD, than it was mentioned in the lease agreement by the officials of "ARMAERONAVIGATION" CJSC. 

 

According to Article 620 Part 1 of the RA Civil Code, the lessee has the right to sublease the property only with the consent of the lessor, unless otherwise provided by this Code, other laws or legal acts. But, in this case, "ARMAERONAVIGATION" CJSC has never been requested about subleasing the area, as subleasing was provided according to the agreement and with violation of law without the lessor’s written consent.

 

Besides it turned out that the approximate value ​​of the utility bills of those areas are included in the rents, and about 887.454 AMD out of 15.406.000 AMD rent paid during 94 months was directed to the utility bills. Though, according to the lease agreement, these were separate payments and should not have been included in the rent.

 

That is, from 2012 to date the property was leased in lower price with about 17.9 million AMD than the real price by the officials of "ARMAERONAVIGATION" CJSC who have abused their official position and have not fulfilled their official responsibilities as a lessor, and included about 887.454 million AMD as utility bills. As a result, less than the real value was entered in "ARMAERONAVIGATION" CJSC causing severe consequences for the state.

 

In the result of the investigation, a criminal case was initiated in the State Interests Protection Department of the RA Prosecutor General's Office in accordance with Article 308, Part 2 of the RA Criminal Code.

 

It was sent to the RA Investigative Committee for preliminary investigation.

 

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.