Monday, May 11 2020 20:12

ArmInfo.Armenian President  Armen Sargsyan today signed the  law "On Confiscation of  Property of Illegal Origin" adopted on April 16 by the National  Assembly.  As the RA President told ArmInfo in the press service, the  law was submitted to the head of state for signature by the  Parliament on April 21 of this year.

"The government justifies the adoption of the law by the need to  increase the effectiveness of the fight against crime and, in this  regard, the need to confiscate illegally acquired property as a  result of criminal activity.

During the discussion of the bill and after its submission to the  president for signature, many non- governmental organizations,  foreign investors, representatives of the legal and professional  community and business circles, human rights defenders and individual  citizens expressed their concern to the head of state's apparatus  regarding the constitutionality of this law, about possible  corruption risks after its application, as well as negative  consequences from the point of view of economic development,  investment environment and financial stability, "the statement reads  on the website of the President of Armenia, it is added that in this  regard, an employee of the presidential apparatus There were wide  discussions with the initiators of the law on all the issues voiced.

At the same time, they emphasized in the office of the President of  Armenia that the head of state appreciates the fight against crime,  but at the same time, they assured that the law will be applied  according to the "letter of the law" and only as a tool to combat  crimes of especially high public risk. Moreover, the report notes  that the unfair application of the law can undermine the credibility  of the state and jeopardize its effectiveness.

"The law affects the framework of fundamental human rights and  provides for the possibility of interference with these rights, so  their application must be ensured by proportionate legal guarantees.  The particular sensitivity of issues related to personal data,  business and professional activities, as well as the protection of  bank secrecy information, as for business community and the public as  a whole, "the RA President assured.

At the same time, the message of the apparatus of the head of the  Armenian state indicates the importance, when applying the law, to  take into account the right of individuals to privacy and family  life, constitutional requirements for the protection of personal data  and exclude any disproportionate interference in them; as well as to  eliminate the abuse of data and ensure that the rights of individuals  are not violated, and that the information received is not used for  other purposes, does not interfere with the activities of business  entities, and does not lead to unequal competition from investors and  businessmen.  It is also recalled that the President appealed to the  Constitutional Court on February 6 this year, challenging the  constitutionality of the Law on Amendments to the Code of Criminal  Procedure of the Republic of Armenia, as well as some provisions on  amendments and additions to the Bank Secrecy Law, and consideration  of the application is scheduled for 16 June.

Having assured that the law should be applied with high  responsibility, excluding corruption, discrimination and the risks of  unlawful influence, effective legal protection of the interests of  individuals, guarantees of assistance, clear and efficient mechanisms  for the return of unfairly confiscated property, and compensation for  losses should be unconditionally ensured, that the law will work for  the benefit of the state and citizens.

"It is also expected that the law will be applied with  unconditionally high liability to third parties who were not involved  in any criminal activity who in good faith acquired property, in  particular property mentioned in investment programs and business  operations, excluding possible negative consequences for investments  and the business environment, "the head of state added to the office,  assuring that the RA President will closely monitor the application  of this law in the future.

Note that the country's parliament at the plenary meeting on April 16  in the second and final reading adopted the draft law "On  Confiscation of Property of Illegal Origin". The application of the  law on confiscation in favor of the state of illegally acquired  property in Armenia will be carried out in stages.  As RA Minister of  Justice Rustam Badasyan said, the law provides for the confiscation  of illegal property if its value exceeds 50 million drams. The  document allows the confiscation of property, the acquisition of  which is not justified by legal sources of income in the volumes  provided for by the project. In respect of such property, a  presumption of unlawful origin is in effect, which may be refuted by  the defendant on the presentation of evidence justifying the  acquisition of property. We are talking about the unaccounted  property of only politicians and entrepreneurs. According to the  minister, the burden of proof of the illegality of property lies with  the state. That is, not the official should prove his innocence, but  the state - his guilt. Inspection may be subject to property acquired  a maximum of 10 years before the inspection. In exceptional cases, if  there is strong evidence, the investigation may affect the period  from 1991. As part of the Prosecutor General's Office, a new  competent authority will operate that will allow for the study of  assets and confiscation of property that is unjustifiably acquired in  favor of the state.