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THE FAMILY OF MATEVOSYANS ARE BEING EXPELLED FROM THEIR HOUSE PROVIDED BY ‘ONE POSTCARD ONE APARTMENT’ INITIATIVE

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On February 18, 2022, citizen M.M. applied to New Generation Humanitarian NGO (hereinafter referred to as NGNGO), stating that on the occasion of the birth of their fourth child in 2016, the ‘One Postcard, One Apartment’ initiative an apartment was contributed to their family. The latter also informed that although the apartment was contributed to her family, it was nevertheless registered in the name of the Armenian Apostolic Church. Within the framework of the initiative, postcards were printed and sold to the citizens, the profit of which was donated to buy apartments to contribute to the families, but the buyers were not informed that the apartments would belong to the Church. Due to the divorce of the couple, the pastor of the Armenian Apostolic Holy Church informed the person that she had to vacate the apartment. 

In connection with the mentioned case, NGNGO applied to the RA Police, asking to give legal process. The relevant police department responded with a letter stating that the apartment belongs to the Armenian Apostolic Church, which could decide on the management of the property. At the same time, they stated that the claim mentioned in the application is of a civil legal nature, which is subject to judicial settlement. 

NGNGO appealed to the RA Prosecutor General’s Office in order to conduct an objective investigation into the case. The complaint was signed by the RA Shirak Region Prosecutor’s Office, which instructed to take control actions in order to find out the circumstances. 

On May 24, 2022, NGNGO received letter in the same content from the Mush section of the Gyumri city of the Shirak regional department of the Republic of Armenia: “The apartment belongs to the Armenian Apostolic Church, which can decide on the management of the property.” At the same time, they stated that the claim mentioned in the application is of a civil legal nature, which is subject to judicial settlement.”  

The case is in progress. 

 

Clarifications. 

1․ 1st Point of Article 594 of RA Civil Code  

  • Under the gift contract one party (donor) shall place or shall be obliged to place gratuitously under the ownership of the other party (donee) a property or property right (claim) addressed to himself or herself or a third person, or shall exempt or shall be obliged to exempt him or her from the property obligation against himself or herself or a third person.  

 

2․ 3rd Point of Article 55 of RA Criminal Procedure Code  

  • After accepting the criminal case for his/her proceeding, the investigator, for the purpose of comprehensive, full and objective investigation shall independently lead the course of investigation, make necessary decisions, conduct investigatory and other procedural actions in accordance with the provisions of this Code with the exception of cases, when criminal procedure law stipulates to receive warrants from the prosecutor.