Numerous Property Rights of Beneficiaries at 'Vardenis Neuropsychological Home-Internat' Violated

The Office of the Special Prosecutor of the Republic of Armenia has examined the findings of the Audit Chamber regarding the 'Vardenis Neuropsychological Home-Internat' conducted in 2021. It has been revealed that transactions concerning the property rights of ten beneficiaries registered at the institution were carried out without their consent or that of their guardians.

According to the Prosecutor’s Office, it was determined during the investigation that in two instances property sales occurred without the involvement of guardianship bodies, resulting in criminal cases being initiated. In one case, a court recognized an heir who accepted the inheritance based on de facto possession, and preparatory processes for criminal proceedings have been launched to clarify the circumstances. In the remaining seven cases (two of which are based on death), notaries issued certificates of inheritance to other individuals during the acceptance of inherited property, and state registrations of property rights were conducted, consequently depriving beneficiaries of the legal opportunity to accept their inherited property.

In the context of the aforementioned two criminal cases, it was found that certain responsible officials of the local self-government ignored the fact that two individuals, recognized as incapacitated, were beneficiaries of the 'Vardenis Neuropsychological Home-Internat'. They recognized other individuals as guardians and approved the alienation of property. As a result, the property belonging to the beneficiaries was unlawfully alienated.

Furthermore, the investigation revealed that one individual, although accepted into the 'Vardenis Neuropsychological Home-Internat' in 2016, is still registered in the Odzun community of Lori Province and included in the voter register. The study documents that the institution, as the guardian of individuals recognized as incapacitated and transferred there, was not informed about the emergence of their inheritance rights and did not participate in the opening of the inheritance.

Additionally, notary offices, lacking access to the list of individuals recognized as incapacitated, authenticated transactions under the names of other individuals and issued certificates of inheritance rights. As a result, the beneficiaries of the home-internat have been deprived of ownership of at least the mentioned properties as well as their inheritance rights.

According to Article 1228, Part 2 of the Civil Code of the Republic of Armenia, based on the application of an heir who has missed the inheritance acceptance deadline, the court may recognize them as having accepted the inheritance, considering the reasons for missing the deadline as valid, provided that it is determined that the reason for missing the deadline was that the heir did not know and was not obliged to know about the opening of the inheritance and that the heir, after the reasons for missing the deadline have been removed, has applied to the court within six months.

In light of the above, the Office of the Special Prosecutor of the Republic of Armenia has approached the Ministry of Labor and Social Affairs to discuss the advisability of filing a lawsuit regarding the beneficiaries' requests for inheritance acceptance. Considering that it has been established that an individual recognized as a beneficiary of the home-internat since 2016 is still registered in the Lori Region's Odzun community, it has been suggested to investigate similar possible cases and address the issue of changing their registration addresses based on the locations of their treatment or care institutions.

Moreover, according to Article 38, Part 3 of the Civil Code of the Republic of Armenia, guardians are obliged to protect the rights and interests of their wards. Based on this, the Office of the Special Prosecutor has set a task to take effective measures towards legislative changes to ensure the exchange of necessary information regarding the subject matter among competent authorities (including the involvement of notaries) and the introduction and application of other mechanisms to prevent potential violations of the rights and legal interests of incapacitated persons and other vulnerable groups, and to more effectively exercise their rights (including property rights).