The Ministry of Justice presented for public discussion a package of drafts on amendments and additions to a number of laws and Government decisions, which are intended to define how the gifts that become the property of the state will be managed.

According to Iravaban.net, with the adoption of the above-mentioned draft laws, the methods of managing gifts that become the property of the state, the bodies managing the gifts, and the possibility to destroy perishable gifts in some cases were defined. There are also cases when it will be necessary to obtain the conclusion of the State Protocol Service of the Ministry of Foreign Affairs regarding the method of disposal of a separate group of gifts that become the property of the state.

The Draft Law “On Amendments and Additions to the Law on State Property Management” also stipulates that in the cases and in the manner defined by the Government decision, property and animals that require substantial maintenance costs are immediately sold, and perishable property is immediately sold or destroyed.

At the same time, it is foreseen that the procedure for the disposal of gifts of public officials and public servants, which have become state property, the list of perishable properties that require significant maintenance costs, the cases of destruction of perishable property, the procedure and methods of disposal, the characteristics of separate types of property disposal, the methodology for choosing the methods provided by the law and the procedure for issuing the conclusion defined by the law “On State Protocol” regarding the method of disposal is defined by the Government of the Republic of Armenia, also defining that the existing procedures for expropriation and donation of state property should be revised upon the adoption of the Package of Drafts.

The Ministry of Justice notes that taking into account all these, it is necessary to implement appropriate changes in the Government decisions, as well as to adopt a new decision of Government, which will define the procedure for the disposal of gifts of public officials and public servants that have become state property, the list of perishable properties that require significant maintenance costs, cases of destruction of perishable property, procedure and methods of disposal, characteristics for management of separate types of property, the methodology of choosing the methods of property management provided by law, and the procedure for issuing a conclusion established by the law “On State Protocol” regarding the method of disposal.

Thus:

• Draft Government Decision “On making additions to the decision N 1067-N of the Government of the Republic of Armenia of 13 October 2016″:

1. It is recommended to emphasize the applicability of the Decision N 1067-N of the Government of the Republic of Armenia of 13 October 2016, to the gifts of public servants and persons holding public positions, which become the property of the state in the cases defined by law.

• Draft Government Decision ” On making additions and amendments  to the decision No 587-N of the Government of the Republic of Armenia of 15 April, 2021.”

1. It is proposed to supplement the procedure for the alienation (sale) of state property with provisions on the alienation of state gifts from officials and employees.
2. It is proposed to establish that when assessing gifts that have become the property of the state, information recorded in the register of gifts, documents issued on their delivery are taken into account, and also, if available, their technical characteristics or other relevant documents are presented to the Committee.
3. it is provided that the decision on the sale of gifts of public office holders and public servants, which have become state property, is adopted by the order of the head of the State Property Management Body,
4. in the regulations aimed at the implementation of the sale of state property by auction (or tender), relevant provisions were added regarding the gifts of public officials and public servants that became state property.

• Draft Decision of the RA Government “On The procedure for the disposal of gifts of public officials and public servants, which have become state property, the list of perishable properties that require significant maintenance costs, the cases of destruction of perishable property, the procedure and methods of disposal, the characteristics of separate types of property disposal, the methodology for choosing the methods provided by the law and the procedure for issuing the conclusion defined by the law “On State Protocol” regarding the method of disposal

1. Within the framework of the decision, it is planned to define with appropriate annexes the procedure for the disposal of gifts of public officials and public servants that have become state property, the cases of destruction of perishable property, the procedure and methods of disposal, the specifics of the disposal of individual types of property, the list of property that is perishable and requires significant maintenance costs , the methodology for choosing methods of property management and the procedure for issuing a conclusion on the method of property management defined by the law “On State Protocol”,
2. It is established that in order to manage the property, the Committee carries out the transportation and temporary storage of the property in specially adapted places of the Committee or a specialized organization, as well as other actions aimed at packing and storing the property.
3. The Committee is given the authority to make appropriate decisions regarding the methods of managing the property, taking into account the characteristics of the property,
4. The specifics of temporary protection, transportation, storage of property are defined,
5. The specifics of applying to the authorized bodies providing professional advice on the method of property management, presenting a professional opinion by the authorized bodies, choosing specialized organizations for property storage, etc., have been defined.
6. The methodology for selecting each method of property management is defined, the criteria that are established when choosing each method of property management are comprehensively listed, the principles underlying the selection of property management methods are defined, and property management methods are recommended, if necessary, also provide an assessment of possible corruption risks in relation to the specific mode of administration.
7. The cases of destruction of perishable property, methods of disposal, and specifics of disposal of certain types of property are defined.
8. The list of perishable properties requiring significant maintenance costs is defined. It is proposed to consider such property as food, perfumes, cosmetic products, medicines, medicinal products, medicinal substances, as well as property for which the established expiration date has already expired at the time the property was accepted for safekeeping or care by the Committee.
9. The methodology for choosing methods of property management and the procedure for issuing a conclusion on the method of management defined by the law “On State Protocol” are defined.
10. The list of organizations providing professional advice on the method of property management is defined.

According to the Ministry, with the adoption of a package of drafts, it is expected to determine the features of managing gifts of government officials and civil servants that have become state property, thus completing the regulations on restrictions on accepting gifts by persons holding public positions and public servants, on determining the future fate of gifts that become the property of the state in cases defined by law, as well as to ensure the structures necessary for the complete and proper implementation of the relevant legislative regulations in practice.

The draft will be submitted for public discussion until 2 May.

This publication was prepared by the “Armenian Lawyers’ Association” (ALA) NGO in cooperation with CSO Anti-Corruption Coalition of Armenia within the framework of the “Multi-Faceted OGP Action: Open Justice & Anti-Corruption Commitments” project implemented with the support of the Open Government Partnership (OGP), in the framework of the European Union funded “EU for Integrity Programme for the Eastern Partnership” Action.

The publication expresses the position of the author, the ALA, which does not necessarily coincide with the position of the OGP and the EU.