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Preliminary Investigation of Criminal Case on Former Mayor of Dilijan Completed

25.10.2021 15:43

In the result of large-scale investigative and other procedural actions conducted in General Department of Investigation of Particularly Important Cases of the RA Investigative Committee circumstances of abusing official authorities, taking bribe, legitimizing illegally obtained income and official forgery committed by the former head of Dilijan community were found out.

Pursuant to factual data obtained through investigation, the former head of Dilijan community, holding the mentioned position from November, 2005, reaching prior agreement with the Head of the Financial Division of the Staff of the Head of Dilijan community and the chief auditor of Dilijan Municipality, on 28 February, 2006 announced a competition for the lease of the multi-storey administrative building (with total area of 2611.2 s/m) located at 66 Myasnikyan, Dilijan for 40 years with a starting price much lower than the market price, with the obligatory condition of submitting and implementing a capital renovation program of the building.

Then the former head of Dilijan community who was the chairman of the tender committee, the Head of the Financial Division of the Staff of the Head of the community who was a member of the committee and the chief auditor of Dilijan Municipality who was the secretary of the committee, being aware about the absence of the capital renovation program which was an obligatory condition for participation in the tender announced for the lease of the building located at the above-mentioned address, confirmed the formal protocol on holding the tender. Based on it, under a non-residential area lease agreement, on 28 June, 2006 the mentioned building for 1.448.700 AMD annually, for 40 years was given to the LLC founded by the head of financial division of the staff in the name of the latter’s daughter for the purpose of taking part and being found a winner in the tender.

Continuing criminal actions, the former head of the community did not review or resolve the agreement with obviously unfavorable conditions for the community until September 6, 2018 whereas no program was submitted, no investment was made by the LLC for the renovation envisaged by the agreement. As a result, only 17.166.598,7 AMD of 69.897.673,5 AMD collected in the mentioned period from several  subtenants of the areas in the administrative building located at 66, Myasnikyan, Dilijan was transferred to the community budget and significant pecuniary damage of 46.512.486,8 AMD, in total, was caused to the community, negligently causing grave consequences.

Besides, between 2008 and 2019 the former head of Dilijan community, with the help of the chief auditor of the municipality, received bribe in particularly large amount - 19.002.983.6 AMD through bank transfer to the accounts of his, his son and brother for not taking any action within the scope of his powers in favor of the LLC actually managed by the head of the financial division of the staff.

Receiving the bribe in the above-mentioned amount on the mentioned accounts, in order to distort the origin of the part of it, to conceal its dynamics and affiliation, 12,867,602.2 AMD was directed to the fulfillment of his credit obligations and 2.944.539,6 AMD was cashed by him thus legitimizing the money in particularly large amount obtained illegally.  

Through investigation it was also found out that the former head of the community, without submitting a proposal to the Council of Elders of the community and without any documentary formulations gave the excavator of «TLB-825-RM» make and the truck of “MAZ” make, owned by Dilijan community and included in the balance of municipality, to his friend – to the director of the production cooperative with the right of free use and in order to realize his criminal activity, on April 1, 2017 he signed a formal agreement with the latter on parking the mentioned vehicles at the area of the production cooperative until the construction of the community parking lot. However, after the parking lot had been constructed the mentioned vehicles were not returned to the community parking lot and were used for free by the director of the mentioned production cooperative until September, 2019. As a result, significant damage was caused to the rights and legal interests of the state and community.

Moreover, after the circumstance of using the above-mentioned excavator by the director of the production cooperative had been disclosed by the law enforcement bodies, for the purpose of concealing the fact of handing over the community property without documentary formulation, on September 30, 2019 the former head of Dilijan community, reaching prior agreement with the director of the mentioned cooperative on the phone, formed a false agreement at a later date – dated September 27, 2019  on alleged lease of the mentioned excavator for 25.000 AMD daily from September 27 to October 2, 2019.

Besides, not having the authority to give right to use lithosphere, without submitting a proposal to the Council of Elders, from 2013 to 2016 the former head of the community signed 4 agreements with his friend – the director of the production cooperative based on which about 21.205 c/m of sand-gravel mixture resulted from the cleaning of the Aghstev riverbed was given to the mentioned cooperative for free and the amount of nature use envisaged for each cubic meter was not charged. As a result, significant damage of 2.226.525 AMD was caused to the state, as well as the authority of local self-government bodies was devalued.

On the base of the obtained sufficient evidence charge was pressed against the former head of Dilijan community according to the Part 2 of the Article 308, the Part 1 of the Article 308 (2 counts), the Point 2 of the Part 4 of the Article 311, the Point 1 of the Part 3 of the Article 190 and the Part 1 of the Article 314 of RA Criminal Code. Mortgage was used as an optional pretrial measure against him. Charge was pressed against the Head of the Financial Division of the Staff of the Head of Dilijan community according to the Point 1 of the Part 3 of the Article 312 and the Part 2 of the Article 308 of RA Criminal Code. Charge was pressed against the chief auditor of Dilijan Municipality according to the Point 1 of the Part 3 of the Article 38-312 and the Part 2 of the Article 308 of RA Criminal Code. Signature not to leave was chosen as a pretrial measure against them.

The part on the mentioned three people was separated in a separate proceeding, preliminary investigation was completed and the criminal case with the motion to confirm the bill of indictment and send it to court was sent to the prosecutor implementing procedural control.

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

 


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