Criminal case has been initiated on the case of illegal alienation of the territory of the park on Russia Street in Abovyan City
August 04, 2020
The Marzpet of Kotayk Region of the Republic of Armenia addressed a letter to the Prosecutor General of the Republic of Armenia on the illegal alienation of the territory of the park on Russia Street in Abovyan City by the former head of the Abovyan community by means of criminal mechanisms. Applications have also been received from several citizens.
On the instruction of the RA Prosecutor General, the Marzpet's letter and applications were sent to the Criminal Police General Department of the RA Police to prepare materials and solve the process.
According to the materials prepared by the Central Department of the RA Police, factual information was obtained that the former head of the Abovyan community of the RA Kotayk region was abusing his position, violating the requirements of the legislation and the relevant government decision. On September 16, 2006, the land plot of 782,3 square meters, located on Russia Street, Abovyan, owned by the Abovyan city community, which is being alienated by means of auction for the construction was approved. According to the general plan of Abovyan city approved by the Government of the Republic of Armenia, it is a part of a green zone, a park.
Then, the mentioned plan was submitted to the Abovyan subdivision of the RA State Committee of the Real Estate Cadastre, the employees of which did not carry out additional inspections to find out the real purpose of the land mentioned in the represented plan. The cadastral code of the mentioned address was changed with another code and, by means of entering obviously false information in the official documents, on September 28, 2010 a certificate of registration of real estate was drawn up on behalf of the Abovyan community, presenting the mentioned land plot as a land foreseen for public construction.
On March 25, 2011, the former Head of the Abovyan community, being the head of the authorized body organizing the auction, the organizer of the auction, abusing his official position instructed the assistant to conduct out the auction, and the latter organized a fake auction. In other words, more than one person participated in the auction by observing the requirements of Articles 68 and 69 of the Land Code. False official documents were prepared, though really the auction was held only with the participation of an interested person, without a second person, during which the signature of the second participant in the official documents was falsified.
In the result of the actions described above, the community was deprived of the opportunity to manage the park, to carry out the auction of community property with the participation of other stakeholders, and to alienate it at a real cost. And with the cadastral value of 3.539.125 drams, the territory of the park was alienated for 1.858.100 AMD, in the result causing severe consequences for the community.
Taking into account that the prepared materials contain information on abuse of official position with the consequence of grave consequences, assistance of official fraud, and the consequences of official negligence with grave consequences a criminal case has been initiated under Article 308, Part 2, Article 38-308, Part 2, Article 314, Article 38-314, Article 315, Part 2 of the Criminal Code of the Republic of Armenia.
The criminal case was sent to the RA Investigative Committee for preliminary investigation.
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.