Examinations of issues raised by motion of RA Investigative Committee started in RA Ministry of Agriculture
Considering the motion of General Department of Investigation of Particularly Important Cases of the RA Investigative Committee on taking measures to abolish the circumstances contributing to committing crime the RA Ministry of Agriculture started examinations of the raised issues.
Through investigation of the criminal case investigated in the proceeding of General Department of Investigation of Particularly Important Cases of the RA Investigative Committee on official negligence committed by the officials of the RA Ministry of Agriculture a number of problems and omissions were found during the implementation of the program “Cattle breeding from 2007 to 2015 in the Republic of Armenia” which have brought or can bring to improper implementation of the mentioned program, as well as other similar programs.
Particularly, in the result of comprehensive, objective and complete investigation conducted in the framework of the criminal case it was found that a number of normative solutions lack which could regulate the problems emerging during the implementation of the program. As a result, based on purchase and sell contracts on condition of term payment the procedure of selling tribal heifers imported within the program “Cattle breeding from 2007 to 2015 in the Republic of Armenia” did not basically provide the efficient implementation of the mentioned program which caused commitment of over 600 million AMD towards the state.
With the purpose of raising the efficiency of similar programs and avoiding the further possible violations the investigator of particularly important cases sent a motion to the Ministry of Agriculture proposing;
« - during implementation of similar programs by the RA Ministry of Agriculture to envisage legal norms and requirements in the relevant legal acts which will allow to provide the possibility of solvent buyers' choice, as well as efficient and targeted implementation connected with it.
- to consider the possibility of buyer’s additional commitments towards the RA Ministry of Agriculture in the relevant legal acts, including the possibility of property pledge, introduction of bank guarantee.
- to envisage legal norms and requirements in the legal acts regulating the sphere which will provide the efficient conduction of the sessions of commissions consisted of specialists of the relevant spheres, as well as the bases of jurisdiction of sessions in the absence of commission member.
- to consider the possibility to conduct monitoring during implementation of similar programs which will allow in further stages of the program to involve physical persons or legal entities having provided appropriate conditions in order to provide the efficient and targeted implementation of the program.
- to consider the issue to take necessary additional measures for feeding and care of the animals until an appropriate buyer is found in case of contract solution which will give a real possibility to the RA Ministry of Agriculture to solve the contract unilaterally in case the buyer significantly breaches it”.
The motion was considered in the RA Ministry of Agriculture in the result of which certain instructions were given. Particularly, the written answer says “according to the relevant legal acts to provide the efficiency of program implementation directed to cattle breeding worked out by the ministry, the Department of Animal Production and Health of the ministry and several structural subdivisions were instructed;
- to form commissions consisted of specialists of the given sphere which will define clear criteria for the choice of participant beneficiaries of the program.
- to envisage provisions on buyer’s additional commitments towards the RA Ministry of Agriculture, particularly on property pledge, bank guarantee and regulation of relations connected with the guarantee of the third part.
- to define the indices subject to monitoring the programs and periodicity of its implementation according to priority.
- to envisage a provision in case of unilateral solution of the contract until a buyer is found taking into consideration the maturity date of program implementation and peculiarity of the kept product to calculate the additional financial means for conservation of the given product”.
Besides, by the order of the RA Agriculture Minister a commission was formed which will conduct a full monitoring of the program of the cattle breeding from 2007 to 2015 in the Republic of Armenia.