Officials of the Defense Ministry, acting beyond the scope of their powers, alienated the territory of the military unit located at Berdakunq community, Gegharkunik region

March 15, 2023

By the examination carried out by the State Interests Protection Division of the Central Military Prosecutor's Office of the RA in 2022, it was found out that the military unit located at Berdakunq community of Gegharkunik region which was provided to the Defense Ministry for gratuitous use, was alienated to G.V., citizen of the Russian Federation under the sale and purchase agreement of November 30, 2012.

 

Pursuant to the sale and purchase agreement G.H., Head of the Staff of the RA DM acting on behalf of the Ministry issued a power of attorney on November 13, 2012, and the citizen A.H., acted as an authorized person. The sale price of the immovable property (land plot and the building) amounted to AMD 101 326 000.  The sale and purchase agreement was signed by A.A. notary of Kentron Notarial territory.

 

On December 3 and 10, 2012, G.V. submitted applications to the Staff of the Cadaster Committee of the Republic of Armenia requesting to carry out the state registration of the property right to a land plot, however the Committee rejected the applications on the state registration of the right, substantiating it by the fact that it was a land plot of special significance, which can’t become an ownership of a citizen. They informed that the application shall be accepted, after the change of the intended purpose of the land plot.  

 

On December 28, 2022 G.V. sold the abovementioned land plot and buildings to E.A., citizen of the Republic of Cyprus for AMD 158 000 000, however under the RA Constitution, foreign citizens (persons not holding citizenship) can’t have ownership right over the land plot.

 

The results of the examinations carried out by the Prosecutor’s Office were submitted to the Anti-Corruption Committee to solve the issue of initiation of criminal proceedings.

 

On March 13, a criminal proceedings was initiated in the Anti-Corruption Committee under point 2 of part 2 of article 441 of the RA Criminal Code.

 

 Notice:  A person charged with any crime shall be presumed innocent until proved guilty in the manner prescribed by the RA Criminal Procedure Code—by the judgment came into legal force.