The Department of State Interests Protection of the Prosecutor General’s Office has studied the outcomes of the audit implemented at “Vardenis Psychological Boarding House” SNCO by the Audit Chamber of the Republic of Armenia. It turned out that contracts have been concluded on real estate without the participation of the guardians regarding 10 beneficiaries.

 

The studies showed that on 2 cases the property sale was organized without the participation of the guardian body and criminal cases were initiated.

 

In the scope of these 2 criminal cases, it was found out that the representatives of the local self-government bodies disregarded that those 2 people were beneficiaries of “Vardenis Psychological Boarding House”, guardians were considered other people and had consent to alienate the estate. In the result the estate of the beneficiaries was illegally alienated.

 

In addition, it was found out that though one of them was entered “Vardenis Psychological Boarding House” SNCO in 2016, he/she is still enrolled in Community Odzun of Lori Region and is included in voters’ registry.

 

The study states that “Vardenis Psychological Boarding House” SNCO, being the guardian of the people moved there was not informed about the origin of their right to inherit, the list of people considered that incapacitated people did not participate in the opening of the inheritance. Notary offices, not having access to the list of incapacitated people, ratified transactions in the names of other people and issued certificates of inheritance rights. As a result, the beneficiaries of the boarding house were deprived of the right of property, as well as inheritance rights.   

 

According to Article 1228, Part 2 of the RA Civil Code upon application by the heir who has missed the term for acceptance of succession, the court may declare him or her as having accepted the succession, considering the reasons of missing the term to be justifiable, where it turns out that the reason for missing the term has become the circumstance the heir has not known and should not have known of the opening of the succession and under the condition that the heir who has missed the term for the acceptance of the succession applies to the court during six months after elimination of the reasons for missing the term concerned.

 

Taking into account the above-mentioned the Department of State Interests Protection of the Prosecutor General’s Office applied to the Ministry of Labor and Social Affairs to discuss the issue of bringing suit. 

 

Besides, according to Article 38, Part 3 of the RA Civil Code guardians and curators shall be obliged to protect the rights and interests of their wards. On this ground the Prosecutor General’s Office plans to take legislative changes, to exclude possible violations of the rights (including property right) and legal interests of vulnerable groups.