On 26 April, 2023, the Administrative Court satisfied the request of the Prosecutor General’s Office. The Court nullified the decision of the Mayor of Yerevan No. 622-A of 26 April, 2006 on the sale of the leased plot by the Golden Palace Hotel from the territory of the Victory Park adjacent to Azatutyun Avenue. As a consequence, the Court also recognized invalid the real estate pledge (mortgage) agreement, the state registration of the right made on its basis, as well as the sales contract No. 12366 of 1 June, 2006 and the state registration of the right made on its basis.
The Prosecutor General’s Office reported.
Let’s remind that by the decision of the Mayor of Yerevan No. 622-A of 26 April, 2006 and the decision No. 1619-A of 8 April, 2008, “Golden Palace” Hotel and “Golden Palace” LLC were alienated in the form of direct sale, respectively: Plots of 17.077,6 square meters and 10,000 square meters, in the event that the said plots, as part of the “Victory Park”, were included in the list of plots not subject to alienation defined by the RA Land Code, so they were not subject to alienation.
On 25 April, 2022, the Prosecutor General’s Office filed 2 lawsuits in court.
In one of the lawsuits, the Prosecutor General’s Office requested to declare null and void the decision No. 622-A of 26 April, 2006 issued by the Mayor of Yerevan on the sale of the leased plot of the Golden Palace Hotel from the territory of the Victory Park and, as a result, requested to invalidate the state registration of the right.
In particular, according to the study carried out by the State Interests Protection Department of the Prosecutor General’s Office, it was found that the Mayor of Yerevan, ignoring the fact that the said area is a park area according to the Yerevan master plan and, as such, being included in Article 60 of the RA Land Code, and realizing the decision issued by A.L., Head of the Department of Architecture and Urban Development of the Yerevan Municipality, on 16 March, 2006, the illegal nature of the conclusion No. 18-09/2-881 (untruthfulness of the information about the land not being in the list of restrictions provided for by Article 60 of the Land Code), according to Clause 1 of its decision No. 622-A of 26 April, 2006, the plot with an area of 17077.6 square meters of the territory of Victory Park adjacent to Azatutyun Avenue was alienated to “Golden Palace” hotel through direct sale.
According to point 3 of the same decision, the Mayor of Yerevan canceled the decision 2060-A of 27 October 2003, according to which the General Plan No. 3505-2003 of the plot of land occupied by Victory Park, issued by the Department of Architecture and Urban Development of Yerevan Municipality on 18 November, 2003, namely the plot of 17077.6 square meters was included in the list of restrictions stipulated by Article 60 of the Land Code.
Thus, after the Court’s decision enters into legal force, the 17,077.6 square meter plot illegally alienated to the “Golden Palace” hotel in the Victory Park will be returned to the state.
