Criminal case on obstruction of the import of diesel fuel through the abuse of official position by an official was sent to court

May 18, 2021

In the course of the preliminary investigation of the criminal case investigated by the RA SIS and initiated under Part 1 of Art. 308 of the RA Criminal Code on the basis of letters received by the General Department on Combating Organized Crime of the RA Police from business entities of diesel fuel in 2019, it was substantiated that officials prevented the customs clearance of the next batch of diesel fuel sent by the company to Armenia in 2015.

 

In particular, in the course of the investigation  it was found out that the former Deputy Minister of Finance of the RA A.A. in November 2015 gave an illegal order to the Deputy Head of Bagratashen customs point of the RA Ministry of Finance S.M. - without his permission, not to carry out the registration of diesel fuel through the Bagratashen customs point.

 

For the fullfilment of this illegal order, the latter instructed the Heads of the Departments of Bagratashen customs point, in case of import of diesel fuel, to inform him and not to carry out customs clearance without his permission.

 

On 07.11.2015 "K ... I ..." LLC in Volgograd city purchased 500 tons of diesel fuel, and part of the fuel - 181.6 tons until 26.11.2015 was sent to the RA, at the indicated customs point was registered and delivered to Teghut CJSC. The other part of the fuel was sent to Armenia in two consignments in December 2015.

 

The specified consignments of diesel fuel were checked by the customs officers of Bagratashen Department, after which S.M., having learned from M. G. - Head of Department, that the consignments were at the customs point, following an illegal order from the Deputy Minister, came to an agreement with M. G. not to carry out customs clearance of the said cargo and did not allow customs inspectors to carry out customs clearance.

 

Deputy Minister A.A., having learned about the import of diesel fuel to the RA, as well as transportation to the customs warehouse, instructed not to take any action and wait for further instructions.

 

Until 11.12.2015 without any explanation, the documents were not given to the drivers, then these cars were transported to the neutral zone on the Armenian-Georgian state border, where without registration the drivers were given documents and were demanded to take out the cars with fuel from the territory of the Republic of Armenia.

 

Then, A. A. informed S. M. that the mentioned trucks would return to the RA and instructed him to carry out the cargo clearance without delay. And on 14.12.2015 these cars returned to Bagratashen customs point, where on the specified day the drivers were given the opportunity to transport the goods.

 

As a result of the criminal actions of officials, substantial damage was inflicted to the state and "K ... I ..." LLC additionally paid 8.352.000 AMD (1.200.000RUB). In addition, it was found out that after this incident, the said company no longer imported diesel fuel.

 

On the basis of the above, the Deputy Minister of Finance of the Republic of Armenia - A. A. was involved as an accused under Part 2 of Art. 308 of the RA Criminal Code. As he was put in the wanted list within the framework of another criminal case in the Investigative Department of the RA National Security Service and a recognizance not to leave was chosen as a measure of restraint, no measure of restraint was chosen against him within the framework of this criminal case.

 

Under the same article of the Criminal Code, charges were also brought against the former Deputy Head of Bagratashen customs point - S.M. and the former Head of Customs Office - M.G.

 

Taking into account that S.M. later died, the criminal prosecution initiated against the latter on the basis of death was terminated.

 

And with regard to M.G., the preliminary investigation has been completed, as for the part separated into a separate proceeding in the RA Prosecutor General's Office, the indictment has been confirmed and the criminal case brought on charge against M.G. has been sent to the Court of First Instance of General Jurisdiction.