Alienation or change of ownership of AAC facilities to require RA  Government`s permission

ArmInfo.The alienation or change of ownership of immovable religious sites designated as historical and cultural monuments requires permission from the  Armenian government. At its February 24 meeting, the RA National Assembly Committee on Science, Education, Culture, Diaspora, Youth,  and Sports approved amendments to the law "On the Protection and Use of Immovable Historical and Cultural Monuments and the Historical  Environment" and a package of related documents submitted by MP Taguhi Ghazaryan.

According to the author of the legislative initiative, the bill  stipulates that if a monument is alienated, either for a fee or free  of charge, the owner of the monument is obligated to notify the  authorized body in advance. All transactions involving the alienation  of monuments, whether for a fee or free of charge, are registered  with the authorized body. Churches, monasteries, church-monastery  complexes, temples, chapels, and other religious buildings included  in the state lists of monuments may be alienated by any third party  for compensation or free of charge, exclusively with the consent of  the Government of Armenia.

The owner of a religious building included in the state lists of  monuments is required to notify the authorized body in writing of  their intention to alienate their property to any third party, with  or without compensation, and to submit a draft property alienation  agreement and a copy of the title deed. Within two months of  receiving the notification, the authorized body shall notify the  owner in writing of the Government of Armenia's consent or refusal to  alienate the property, with or without compensation, to another  party.

The RA Government refuses to grant consent if there is a risk that  the property will not be used in the public interest or for purposes  other than its intended purpose, or the terms of the transaction are  contrary to public interests, or the documents submitted with the  notification are knowingly false or distorted. The procedure for  granting consent for the alienation of religious buildings included  in the state list of monuments, with or without compensation, is  established by the RA Government. Failure to comply with the rules  for transferring rights to real estate renders the transfer of rights  invalid.

The law enters into force on the tenth day following its official  publication.

Presenting the government's position, RA Deputy Minister of Justice  Tigran Dadunts noted that the executive body does not object to the  adoption of the package. The Cabinet believes that the document is  intended to limit the alienation of cultural and historical sites,  including churches. The Deputy Minister noted that another approach,  namely, a blanket ban, could have been taken, but this would have led  to severe criticism.