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.