Two hundred pairs of shoes in exchange for boutique
2010-04-16 16:06:00
ArmInfo. It is still very difficult for privates to manage their
property in Armenia. Unfortunately, one can protect his property by
force methods only. Head of the Helsinki Committee Armenia Avetik
Ishkhanyan made such statement on Friday when commenting on the
transfer of MILANO boutique from one owner to the other "by the
scratch of a pen" of the state bodies.
Earlier in January 2007 the government of Armenia adopted a decision
to implement a number of construction projects in Yerevan for public
needs. The construction sites embrace also the area of MILANO boutique
in Abovyan Street 4. Avo F.M.KH. LLC has acquired the right to launch
construction in the given territory. The compensation to H. Ghukasyan,
the majority shareholder of MILANO, was estimated at some 207 million
drams that were to be paid after making a relevant contract. Hayk
Alumyan, the lawyer of the Olymp Production Cooperative owing MILANO
boutique, said relevant decision by the General Court of the Yerevan
administrative districts Kentron and Nork-Makarsh applies to the
"owner of Olymp production cooperative H. Ghukasyan", whereas H.
Ghukasyan is the majority shareholder and not the "owner." In
addition, Article 60 part 2 of the Civil Code of Armenia says that a
legal entity and its founder or shareholders are not responsible for
each other’s liabilities except several cases. "Although the court
decision was addressed to H. Ghukassyan, the demand to leave the
territory is made to Olymp production cooperation, H. Alumyan said.
Hovhanness Ghukasyan refused to sign the contract of compensation and
leave the territory.
In addition. H. Alumyan said, the building consists of 2 floors by 125
sq/m each registered in the real estate property certificate, as well
as of the 3rd floor and basement that were built without relevant
permission. "In such case these illegal construction must be
liquidated and not transferred to the new owner – Avo F.M. Kh. LLC,"
Alumyan said. Later on March 5 2010 the executors of the Judicial Acts
Execution Service at the Justice Ministry of Armenia handed over a
document demanding to leave the territory of the shop and remove the
property in a day. On the following day, the executives took the
property away for storage. The property was not listed in details, he
said. "For instance, if there were 40 suits cost 200-800 US dollars,
the average price was registered at 150 dollars. The property was just
packed and taken away," Alumyan said. Ghukasyan had nothing to do but
agree to make the contract of compensation at the territorial notary
office "Kentron." But the notary for inaccuracy in documents did not
register the contract.
"In two weeks the property was partially returned. Instead of 400
pairs of shoes, nearly 600 pairs were returned. The executives found
no reason for protest saying that the owner received even more than
promised," Alumyan said.
To protect its interests, Olymp production cooperative has already
applied to all possible instances and is now preparing to apply to the
European Court. On February 19 H. Ghukasyan addressed an open letter
to Armenian President telling in details about the case and saying
that the claims of the Armenian citizens must be settled in their own
country and not at international instances. The letter has not been
replied yet.