In the Department of State Interests Protection of the RA Prosecutor General's Office were studied the documents received from the RA SSS regarding the supervision over the leasing of a land plot with 7530 sq. m. With a view to ensure the completeness of the study, the necessary documents and data were requested and received also from the RA Cadastre, the RA Committee of State Property, the RA Ministry of Economy and the Marzpetaran of Syunik.

 

As a result, it was found out that by the agreement concluded on 08.10.2007, the RA Ministry of Trade and Economic Development leased out non-residential premises with 7530 sq. m. (address: Goris, Antaramerdz). The monthly lease payment was  300.000 AMD. Also, the lessee was obligated not to conclude sublease agreements without the written consent of the lessor.

 

However, it was found out that on November 16, 2007 the lessee LLC concluded an agreement for the sublease of non-residential premises with an area of ​​100 sq. m. with the Armenian telecom operator (monthly lease payment – 50.000 AMD, valid for November 16, 2027) for the establishment and operation of a mobile station. Meanwhile, under Part 2 of Art. 656 of the RA Civil Code, the right to use the part of the land which is occupied with a building or structure and is necessary for the use thereof shall be transferred thereto for the term of lease of a building or structure. Thus, in this case, the lesee company concluded an agreement of sublease of state-owned unused land plot without having the right to do so.

 

At the same time, the sublease agreement entered into force 20 days ago after the lease agreement entered into force, and the validity period established by sublease (until November 16, 2027) exceeds for over 19 years the lease term. And this is in case when, under Part 2 of Art. 620 of the RA Civil Code, the sublease agreement may not be concluded for a term exceeding the validity period of the lease agreement.

 

Thus, from 2007 up to date, as a result of using the official position contrary to the interests of the service or the non-performance of official duties as a lessor by officials of the RA Ministry of Trade and Economic Development, the RA Ministry of Economic Development and Investments, the RA Ministry of Economy, serious consequences have arisen for the state, and the company’s employees from 2007 up to date, by the abuse of trust, illegally used the state-owned land plot for about 12 years and for that received 7.200.000 AMD, causing damage to the state.

 

In addition to that, officials of the RA State Real Estate Cadastre Committee ignored the fact that the company did not have the competence to conclude a sublease agreement for property and instead of rejecting state registration of rights arising from such transactions, they registered rights arising from a sublease agreement.

 

Taking into account that in the course of the study, data were obtained that contained signs of abuse of duties by officials, as well as criminal acts causing damage to the state in the Department of State Interests Protection of the RA Prosecutor General's Office, a criminal case was initiated under Part 2 of Art. 308 and Point 1 of Part 2 of Art. 184 of the RA Criminal Code.

 

With a view to carry out the preliminary investigation, the criminal case was sent to the RA Investigative Committee.

 

Notice: Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by the RA Criminal Procedure Code and unless the verdict comes into legal force.