Arminfo.info


 Friday, April 19 2019 18:30

Pashinyan explained nuances of Institute for recovery of illegal  property

Pashinyan explained nuances of Institute for recovery of illegal  property

ArmInfo. The target of the law of the Republic of Armenia "On the recovery of property of illicit origin" should be corrupt officials engaged in money laundering and  members of criminal groups. RA Prime Minister Nikol Pashinyan said  this today at a meeting on the recovery of property without an  indictment within the framework of the fight against corruption.

Opening the discussion, the Prime Minister noted that the need to  recover property without a conviction was first mentioned in the 2004  UN Convention against Corruption. According to him, countries should  take the necessary measures to allow the recovery of property without  a conviction in cases where the offender cannot be prosecuted in  cases of death, shelter, his absence or in other similar cases. The  Republic of Armenia ratified this convention without any reservations  in 2007.

To this end, since 2011, an interdepartmental commission has been  formed to combat money laundering and the financing of terrorism,  which has discussed the possibility of introducing this system. In  particular, he noted, at the 25th meeting of the commission in 2011,  the 26th in 2012 and the 28th in 2013, a program of events was  discussed and approved, on the basis of which the working group  consisting of representatives of various departments The task was to  present a program of activities for the implementation of this  institution. Within the framework of the working group, documents  were drawn up and put into circulation; discussions were organized  with the participation of all interested departments.

To note, the Interdepartmental Commission on Combating Money  Laundering and Financing of Terrorism, since 2008, has been headed by  the Chairman of the Central Bank Arthur Javadyan for about 11 years,  and the members are Deputy Prosecutor General, Deputy Minister of  Justice, Deputy Chairman of the State Revenue Committee, Deputy  Director National Security Service, Deputy Chief of Police, Assistant  Prime Minister, Chairman of the Criminal Chamber of the Court of  Cassation, Deputy Minister Finance and 6 representatives of the  administrative board agencies involved in combating money laundering  and terrorist financing.

Already at the 34th meeting in 2018, the above-mentioned commission  approved the concept of introducing the obligations of the accused to  prove the legality of the property in cases of grave or especially  grave crimes, on the basis of which a working group headed by the  Ministry of Justice of all the above-mentioned with the participation  of representatives of the Office of the Human Rights Defender of the  Republic of Armenia to develop regulations in accordance with  fundamental human rights and freedoms guaranteed by Constitution of  Armenia. As for the essence of the institute, in order to avoid  various comments out of context, we consider it necessary to  emphasize the following specific features:

<First, the introduction of an institute for the recovery of property  of illicit origin should not be considered as a penitentiary measure.  On the contrary, this is a preventive measure by its nature, and, as  noted in the "guidelines for the collection of property without a  conviction", published by the World Bank initiative:  "Recovery of  stolen assets is not a criminal law punishment, does not have  criminal law consequences".

As the prime minister noted, this institute is widely used in various  countries for identifying and withdrawing shadow funds.

"Nevertheless, according to the above-mentioned document, one of the  most important principles of the institute's implementation is also  that" collecting property without a conviction should never be  considered as an opportunity to avoid criminal punishment for crimes  committed ", Pashinyan explained.

According to him, speaking of the recovery of property without a  conviction, one cannot imply that the property is confiscated at all  without a court decision. "The introduction of the institute for the  recovery of property without a conviction is also primarily aimed at  creating appropriate legal mechanisms within the framework of  international cooperation related to the recognition of the courts of  Armenia and foreign courts in the context of this institution," he  said.

The Prime Minister considers it important to state that in the  international conventions listed by us in connection with the  implementation of institutions, in particular, in part 4 of Article  53 of the Council of Europe Convention <against money laundering,  search, confiscation and confiscation of proceeds from crime and  financing of terrorism>, states the possibility of countries making  reservations on certain articles, including provisions relating to  confiscation.

"The noted issues have already been discussed for quite a long time,  and here we seem to arrive at a final conclusion," said Pashinyan,  listing which international documents govern this institution: the UN  Convention against Corruption; Council of Europe Convention "on  combating money laundering, tracing, confiscation and confiscation of  proceeds from crime" and the financing of terrorism.

According to him, in the context of combating money laundering, prior  crimes and financing of terrorism, in accordance with the above  conventions, the 4th mandate of the FATF (Financial Action Task Force  on Money Laundering) also establishes the obligation to enforce the  collection of property without a conviction.

Pashinyan recalled that the above conventions were ratified by the  Republic of Armenia in 2007 and 2008, and the obligation to implement  the FATF instructions was due to the membership of the Republic of  Armenia in the Council of Europe.

.  <I also consider it necessary to state that the Republic of  Armenia has carried out certain works with international structures  on this topic. Such structures as the Council of Europe Commission  addressed the implementation of this institution in Armenia. In 2015,  the Commission approved the evaluation report of the 5th stage of  implementation of the FATF instructions, which stipulates that the  Republic of Armenia, in order to improve the practice of collecting  property obtained by criminal means, should consider introducing  collection institutions without a conviction. In 2018, the  Organization for Economic Cooperation and Development approved a  report on the conformity assessment of the Republic of Armenia of the  UN Convention against Corruption, which stated that the institution  of collecting property without a conviction was not introduced in the  Republic of Armenia, calling for the republic to implement this  institution, "Pashinyan said .

He stressed that this is a natural process. <And, of course, there is  also some connection with political processes, because, by and large,  it was hard to believe that without the changes that occurred in  Armenia, this institution could be implemented. But now we have a  task not only to simply introduce this institute, but also to solve  some issues, "said Pashinyan.

According to him, it is necessary to make sure that this is an  effective mechanism for the return of stolen assets, but this should  not become an instrument of political vendetta. "But it's also very  important for us that the fight against corruption in the Republic of  Armenia be shifted from the declarative level to the institutional  one," he said. At the same time, Pashinyan considered it important to  ensure the protection of human rights in the whole process so that it  does not harm the country's image.

<I want to say that today, in terms of a purely investment  environment, we have very specific problems that we face. You know  that both the Special Investigation Service and the Investigation  Committee, if I am not mistaken, have already in certain cases  transferred certain information to the Ministry of Territorial  Administration and Development so that previously illegally  privatized property will be returned to the state. For example, I  have very emotional responses from specific investors when they are  faced with illogical prices for acquiring land in some place, that  is, owners of several million dollars are trying to sell some  property that was acquired, say, at ridiculous prices. . We must  understand how to solve these problems, "Pashinyan said.

Further, issues related to the introduction and application of the  institute for the recovery of property acquired illegally without a  conviction were discussed.

Nikol Pashinyan once again emphasized that the issue of collecting  property without an indictment is important in terms of conducting a  real anti-corruption struggle, and the legal mechanisms for  protecting human rights aimed at it, ensuring bank secrecy must meet  the best international standards.

The head of government instructed to summarize the submitted draft  law and send it for international expertise.

POST A COMMENT
Input digits     

News
Lawyer: Lawyer: "Chief Investigator" "instructed" to search the place where  we, as Christians, enter with reverence
Lawyer: Any new action by security forces at the Mother See of Holy  Etchmiadzin will be considered a Lawyer: Any new action by security forces at the Mother See of Holy  Etchmiadzin will be considered a "deliberate encroachment"
Seyran Ohanyan stripped of his parliamentary immunitySeyran Ohanyan stripped of his parliamentary immunity
Armenian wrestlers return with medals from  European Freestyle  Wrestling Championship  in ItalyArmenian wrestlers return with medals from  European Freestyle  Wrestling Championship  in Italy
NA ruling faction members approved Prosecutor General`s motion to  prosecute Artsvik MinasyanNA ruling faction members approved Prosecutor General`s motion to  prosecute Artsvik Minasyan
Foreign Minister: Armenia has decided to enlarge, increase its  participation in the SCOForeign Minister: Armenia has decided to enlarge, increase its  participation in the SCO
Moody`s upgrades Converse Bank`s ratingsMoody`s upgrades Converse Bank`s ratings
RA Investigative Committee  press secretary responds to Galstanyan`s  lawyer`s statement  that  published recording was falsified and taken  out of contextRA Investigative Committee  press secretary responds to Galstanyan`s  lawyer`s statement  that  published recording was falsified and taken  out of context
RA National Security Council Secretary receives Ambassador of SwedenRA National Security Council Secretary receives Ambassador of Sweden
Saakashvili: Pashinyan has officially taken a course on EU membershipSaakashvili: Pashinyan has officially taken a course on EU membership
Swedish Ambassador concludes his mission in ArmeniaSwedish Ambassador concludes his mission in Armenia
Prosecutor General asks for criminal prosecution against a member of  Armenia`s National AssemblyProsecutor General asks for criminal prosecution against a member of  Armenia`s National Assembly
Geghard Foundation: Any state that  supports Aliyev`s rhetoric  complicit with Azerbaijan in the event of future aggression in the  regionGeghard Foundation: Any state that  supports Aliyev`s rhetoric  complicit with Azerbaijan in the event of future aggression in the  region
Kremlin: Moscow and Baku should remain partners and alliesKremlin: Moscow and Baku should remain partners and allies
Ruling elite focuses efforts on internal policy, ignoring external  challenges - opposition MPRuling elite focuses efforts on internal policy, ignoring external  challenges - opposition MP
Official unveiling ceremony of Charles Aznavour`s monument to take  place in Yerevan on July 18Official unveiling ceremony of Charles Aznavour`s monument to take  place in Yerevan on July 18
Preliminary investigation into riots in Syunik completed Preliminary investigation into riots in Syunik completed 
 Armenia`s Ministry of Environment proposes introducing institute of  extended producer responsibility for producers  Armenia`s Ministry of Environment proposes introducing institute of  extended producer responsibility for producers 
Caucasus has no patience to experience one more conflict - Recep  Erdogan Caucasus has no patience to experience one more conflict - Recep  Erdogan 
Armenian premier`s statement order to Prosecutor`s Office - lawyers Armenian premier`s statement order to Prosecutor`s Office - lawyers 
`Terrorism` case means of pressing `unwelcome ones` - lawyer `Terrorism` case means of pressing `unwelcome ones` - lawyer 
Yerevan must meet growing demand for sports competitions - mayor Yerevan must meet growing demand for sports competitions - mayor 
Isolation of clergymen and businessman shows bankruptcy and fears of  ruling regime - expertIsolation of clergymen and businessman shows bankruptcy and fears of  ruling regime - expert
Digital broadcasting to be suspended in Armenia Digital broadcasting to be suspended in Armenia 
Muster of reservists to take place in Armenia Sept 23 to Nov 28Muster of reservists to take place in Armenia Sept 23 to Nov 28
Armenian MP proposes using `political persecution` in place of  `prosecution`Armenian MP proposes using `political persecution` in place of  `prosecution`
Political scientist Karen Igityan prohibited from entering ArmeniaPolitical scientist Karen Igityan prohibited from entering Armenia
Armenia`s premier addresses message concerning Catholicos Garegin II Armenia`s premier addresses message concerning Catholicos Garegin II 
Armenia`s territory cannot be used by third countries for military  operations - RA MFA Armenia`s territory cannot be used by third countries for military  operations - RA MFA 
Armenian MFA summons Russian Ambassador over “hostile propaganda” against it Armenian MFA summons Russian Ambassador over “hostile propaganda” against it
Archbishops Mikael Ajapakhian and Bagrat Galstanian, currently in NSS  detention center, go on hunger strikeArchbishops Mikael Ajapakhian and Bagrat Galstanian, currently in NSS  detention center, go on hunger strike
Holy Etchmiadzin issued statement expressing indignation at   reprehensible campaign unleashed by Holy Etchmiadzin issued statement expressing indignation at   reprehensible campaign unleashed by 
Under  hashtag #MERDZEVOV, march in support of political prisoner,  well-known businessman and entrepreneur Samvel Karapetyan starting on  the central boulevard of YerevanUnder  hashtag #MERDZEVOV, march in support of political prisoner,  well-known businessman and entrepreneur Samvel Karapetyan starting on  the central boulevard of Yerevan
A march in support of Samvel Karapetyan started in YerevanA march in support of Samvel Karapetyan started in Yerevan
A leader without trust, an opposition without support and peace  without concessions:  Nikol Pashinyan`s 7 years in powerA leader without trust, an opposition without support and peace  without concessions:  Nikol Pashinyan`s 7 years in power
Armenian Cathedral of Ani to function as a mosque after restorationArmenian Cathedral of Ani to function as a mosque after restoration
IDBank issues the 3rd, 4th and 5th tranches of bonds of 2025IDBank issues the 3rd, 4th and 5th tranches of bonds of 2025
Christian Solidarity International urges UN Human Rights Council to  appoint a special rapporteur for Nagorno-KarabakhChristian Solidarity International urges UN Human Rights Council to  appoint a special rapporteur for Nagorno-Karabakh
Armenia`s public multiplex  should not be used to serve foreign  policy agendas - StatementArmenia`s public multiplex  should not be used to serve foreign  policy agendas - Statement
Lawyer: the next part of Marlezon Ballet being staged in parliamentLawyer: the next part of Marlezon Ballet being staged in parliament
Alen Simonyan believes that Catholicos of All Armenians will soon  vacate Patriarchal throneAlen Simonyan believes that Catholicos of All Armenians will soon  vacate Patriarchal throne
Armenian Court of Appeal upholds Samvel Karapetyan`s arrestArmenian Court of Appeal upholds Samvel Karapetyan`s arrest
Lindsay Snell calls for support of  ANCA initiative to launch a  bipartisan Congressional letter in defense of Artsakh Armenians Lindsay Snell calls for support of  ANCA initiative to launch a  bipartisan Congressional letter in defense of Artsakh Armenians 
According to recording, <Tashir Samvel> was supposed to join later,  and Bagrat Galstanyan speaks about this: RA NA Speaker According to recording, was supposed to join later,  and Bagrat Galstanyan speaks about this: RA NA Speaker 
Levon Kocharyan is not a political figure: Alen Simonyan does not  comment on his remarksLevon Kocharyan is not a political figure: Alen Simonyan does not  comment on his remarks
Taguhi Tovmasyan to RA Prosecutor General: Maybe you haven`t received   SMS, and there is no political expediency in punishing Civil  Contract`s favorite businessman ?Taguhi Tovmasyan to RA Prosecutor General: Maybe you haven`t received   SMS, and there is no political expediency in punishing Civil  Contract`s favorite businessman ?
French Arnouville adopts resolution condemning unfair expulsion of   ICRC from AzerbaijanFrench Arnouville adopts resolution condemning unfair expulsion of   ICRC from Azerbaijan
Gegham Stepanyan: Artsakh art historians have no legal issues in  Armenia, difficulties exist only in practical fieldGegham Stepanyan: Artsakh art historians have no legal issues in  Armenia, difficulties exist only in practical field
All conversations and a fragment of the recording with Archbishop  Bagrat Galstanyan are manipulative - ARFAll conversations and a fragment of the recording with Archbishop  Bagrat Galstanyan are manipulative - ARF
Azerbaijan holding 17th ECO summit in occupied StepanakertAzerbaijan holding 17th ECO summit in occupied Stepanakert
Vahagn Chakhalyan detained Vahagn Chakhalyan detained 
RA Prosecutor General personally submitted report on Samvel  Karapetyan, which is evidence of political persecution - lawyer RA Prosecutor General personally submitted report on Samvel  Karapetyan, which is evidence of political persecution - lawyer 
Azerbaijani regime continues crackdown on journalists Azerbaijani regime continues crackdown on journalists 
RA FM holds farewell meeting with Swedish ambassador to Armenia RA FM holds farewell meeting with Swedish ambassador to Armenia 
Transport movement to be stopped in some of Yerevan`s neighborhoods  on July 4 and 5 Transport movement to be stopped in some of Yerevan`s neighborhoods  on July 4 and 5 
Cultural return must be cause of return to Artsakh - ex-minister of  culture Cultural return must be cause of return to Artsakh - ex-minister of  culture 
`Armenia`s ruling force staging performance against me` - Seyran  Ohanyan `Armenia`s ruling force staging performance against me` - Seyran  Ohanyan 
RA NA discussing consent to prosecution of MPs Seyran Ohanyan and  Artsvik Minasyan RA NA discussing consent to prosecution of MPs Seyran Ohanyan and  Artsvik Minasyan 
Yerevan hopes for strategic partnership with Washington Yerevan hopes for strategic partnership with Washington 
Pashinyan to Trump: `I highly appreciate your vision for ending  conflicts and establishing peace in the world`Pashinyan to Trump: `I highly appreciate your vision for ending  conflicts and establishing peace in the world`
Read more



Commented