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Preliminary Investigation of Case on Construction of Gas Station with Violations of Urban Planning Norms Completed

02.11.2021 16:52

In the result of large-scale investigative and other procedural actions conducted by Masis Investigative Division of Ararat Regional Investigative Department of the RA Investigative Committee circumstances of construction of a gas station on Vagharshapat-Masis road of national significance with significant violations of urban planning norms and rules were found out on the occasion of which the criminal case had been initiated on the base of relevant writ of the RA Ministry of Territorial Administration and Infrastructure.

Pursuant to factual data obtained through investigation, the chief specialist of Masis municipality, holding the mentioned position from June, 2019, willfully did not perform his service duties, used his official position against the interests of the service causing significant damage to legal interests of the community.

Particularly, it was found out that on April 29, 2019 the sketch project of construction of a gas station by 31 year-old resident of Masis on the land of 0.066 ha located on Ararat Street of Masis town of Ararat region was rejected by the RA Urban Development Committee. Ignoring the mentioned rejection 31 year-old man turned to the Head of Masis community and from the municipality received permission-architectural planning task to project a car wash center at the same address.

The chief specialist of Masis municipality, by the instruction of the Mayor studying the documents submitted by the 31 year-old man, ignoring the requirements of the relevant norms and decision, on July 19, 2019 submitted a permission for construction to the head of Mais community to sign under which the mentioned person was allowed to construct a car wash center of the second category on Ararat Street of Masis town.  

In July, 2019 the latter started construction work which was done by private builders without a technical supervision and construction contracts. However, instead of a car wash center of medium risk with a surface of 85 s/m envisaged by the construction permission and project, on the land of the mentioned address as well as on the land owned by the community and not given him for that purpose, he actually constructed a gas station of high risk with a surface of 371.94 s/m with significant violations of urban planning norms and rules.

In October, 2019 the mentioned 31 year-old man turned to the municipality employee to document the completion of the construction. The employee, being aware of numerous violations made by the constructor during the construction of the alleged car wash center at the above-mentioned address, being in close relations with the latter, willfully did not take measures to record the above-mentioned violations, to suspend the unauthorized construction and to subject him to administrative liability.

Besides, the mentioned person, at the advice of the municipality employee, reaching prior agreement with directors of LLC-s and a private entrepreneur, procured false contracts on construction, technical supervision sealed on a back date necessary for the procedure. With prior agreement with a group of people he also drew up a false act of the admission committee on completion of the construction object pursuant to which the object constructed at the mentioned address allegedly corresponded to the project and urban planning norms. It was signed by the private entrepreneur having allegedly implemented technical supervision over the construction and directors of the LLC-s having allegedly done the construction work.  

Then 31 year-old man submitted the mentioned false act, as well as the measurement act drawn up by the cadastral surveyor to Masis municipality. The municipality employee drew up and on December 3, 2019 submitted the completion act of the building constructed at the mentioned address to the Mayor to sign involving information not corresponding to reality in it. It was signed by the latter.

However, on January 17, 2020 state registration of the mentioned construction was suspended by the RA Cadastre Committee as the measures of the location of the constructions from the edge of the land were absent in the master plan of the project as well as the constructions on the land were unauthorized.

It was also found out that the resident of Masis, without permission to demolish, in March-April, 2020 demolished by dismantling the bars of the right side pavement of the bridge of 17+767km section of Vagharshapat-Masis H-13 road of national significance adjacent to the above-mentioned address as they hindered the entrance and exit of the cars to the mentioned gas station. As a result, damage in large amount - 814.000 AMD was caused to the state.

On the base of the obtained sufficient evidence charge was pressed against the municipality employee according to the Part 1 of the Article 308, the Part 1 of the Article 314 and the Part 2 of the Article 38-325 of RA Criminal Code, against the resident of Masis – according to the Part 1 of the Article 325, the Part 2 of the Article 325 and the Point 2 of the Part 2 of the Article 185 of RA Criminal Code. Signature not to leave was chosen as a pretrial measure against them.

A decision was made to terminate the criminal prosecution against the directors of the LLC-s, the private entrepreneur and the cadastre surveyor based on active remorse.

Preliminary investigation was completed and the criminal case with a motion to confirm the bill of indictment and send it to court was sent to the prosecutor.

Note; Everyone charged with alleged crime offence shall be presumed innocent until proved guilty according to law.

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