Due to official negligence, the company with the state share suffered a loss of about 1.1 billion AMD. Criminal case was initiated
March 12, 2021
During the study carried out in the Department for the Protection of State Interests of the RA Prosecutor General's Office on the basis of documents received from the RA State Property Management Committee, it was found out that on May 12, 2017 “Yerevan Jewelry Factory” LLC submitted a lawsuit to the Court of First Instance of General Jurisdiction of Kentron and Nork-Marash of Yerevan and asked to invalidate the “verification acts” of the concluded on 05.12.2016. with “N”LLC, as well as confiscate 1.092.593.543 AMD.
By the verdict of 27.07.2018 the court dismissed the company's claim, arguing that the basis for the "verification acts" were agreements concluded with the parties, but the plaintiff did not submit these agreements. The Civil Court of Appeal of the Republic of Armenia by its decision of 25.10.2018 left the verdict unchanged, and the RA Court of Cassation, by its decision of 12.12.2018 left the cassation appeal without consideration.
Meanwhile, in the course of studying the documents attached to the letter received from the RA State Property Management Committee, it was found out that despite the fact that the cooperation agreement, as well as agreements on the extension of the terms of the agreement were signed, they were in the company, but were not presented to the court for assessment, which served as the basis for the dismissal of the claim.
In addition, it was also found out that the basis for not considering the cassation appeal was the fact that the person who submitted the cassation appeal did not indicate the basis for commencing into proceedings, and also submitted a petition to extend the payment of the state duty, but did not provide evidence of the property status.
Thus, the responsible officials of “Yerevan Jewelry Factory” LLC, within the framework of these civil cases, having the obligation to prove, in 2017-2018 did not submit to the court the agreement, which was the basis for the "verification acts", and also did not correct the deficiencies registered by the Court of Cassation. As a result, the company with the state share not only lost the opportunity to receive 1.092.593.543 AMD, but was also burdened with the obligation to pay the state duty in the amount of about 56.000.000 AMD.
Taking into account that in the course of the study, were obtained data containing signs of a criminal act as a result of non-performance of official duties due to dishonest or negligent attitude towards service by an official in the Department for the Protection of State Interests of the RA Prosecutor General 's Office, a criminal case was initiated under Part 2 Art. 315 of the RA Criminal Code.
With the instruction to carry out the preliminary investigation, the criminal case was sent to the RA Investigative Committee.
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.