Unless the Commission does not require, there is no need to submit a Declaration: The Legislative Changes have entered into Force since 1January

The situational declaration is presented only in cases when the Commission makes such a request,” Mr. Karen Hakobyan, the Head of the Declaration Analysis Department of the Corruption Prevention Commission, said in an interview with Iravaban.net.

From 1 January, the heads of the executive body of state and community non-commercial organizations, foundations established by the state, Heads of the executive body of the commercial organization with the participation of 50% or more of the Republic of Armenia and the community (members of the collegial executive body), in the cas of the presence of the grounds defined by the legislation, are also considered to be officials submitting situational declarations, upon the request of the Commission, they will submit a situational declaration on property, income, interests and expenses.

“The difference between the concepts of “declaration” and “situational declaration” is not very clear among the public. Officials and their family members submit mandatory declarations.

When assuming the office and during the term of office, the official submits an annual declaration, and while terminating the office, they submit a declaration of termination. In other words, these are types of mandatory declarations that are submitted in corresponding cases.

However, the situational declaration is presented exclusively in cases where the Commission made such a request. As long as the Commission does not request the mentioned person(s) to submit a situational declaration, he/she does not submit any declaration,” Hakobyan said, referring to the recent misunderstandings regarding the situational declaration.

According to him, the public equates the mandatory declaration with the situational declaration. “The law that came into force as of 1 January, 2024 exclusively requires a situational declaration.”

Based on the justified decision of the Commission, the grounds for requesting a situational declaration of property, income, interests and expenses are: the reliability and completeness of the data to be declared, publications on the legality of significant changes in property (increase, decrease or expense of property), reports of natural and legal persons addressed to the Commission, powers of the Commission during implementation, as well as the information made known to the Commission from other state bodies.

Thus, the provisions of the laws “On Limited Liability Companies”, “On Joint-Stock Companies”, “On State Non-Commercial Organizations”, “On Foundations” and other related laws, which provide for the obligation to submit declarations, refer to the above-mentioned situational declaration.

Iravaban.net

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