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Within Criminal Case on Abuses Committed by Former Head of Meghri Community for purpose of Selling Coast of Lake called “Shamb” in Syunik Three Persons Charged

17.08.2021 11:47

In the result of comprehensive investigation conducted in General Department of Investigation of Particularly Important Cases of the RA Investigative Committee on breaches found in the result of inspections conducted by the RA Urban, Technical and Fire Safety Inspection Body circumstances of abusing official authorities and official forgery committed by the former head of Meghri community Mkhitar Zakaryan for the purpose of selling the coast of the lake called “Shamb” located in Meghri community of Syunik region were found out.

Pursuant to factual data obtained through investigation, by the decision of the Elders Council of Meghri community dated 20.05.2011 it was allowed to lease the land of 0,4388 ha to plant perennial plants for 25 years based on which in the result of the competition held by the municipality, under lease agreement signed on 14.07.2012 the land was given to Mkhitar Zakaryan’s friend. Instead of planting perennial plants the latter used the area for public purposes – he built a café and without relevant permissions overloaded the area with main and non-main buildings.

The head of Meghri community, abusing official position, organized a process to alienate the mentioned land to his friend and within the criminal agreement obtained to implement it, on 12.11.2019 a fake certificate was made by the deputy head of the community and the chief specialist of the Division of Urban Development, Land Use, Agriculture և Property Management with a content that the mentioned land of agricultural significance owned by the community was not allegedly involved in the list of restrictions envisaged by the RA Land Code.

On the base of the mentioned certificate, by the decision of the Elders Council of Meghri community, an amendment was made in the decision of the Elders Council of Meghri community dated 06.03.2020 and the land was involved in the list of lands alienated by the community.

On 24 June, 2020 in the result of the auction organized in Meghri municipality by the deputy head of the community the friend of the community head was found the winner then the land was alienated to the winner and on the same day by the chief specialist of the Division of Urban Development, Land Use, Agriculture և Property Management an application was submitted to Meghri Office of the RA Cadastre Committee on providing united information about the mentioned land. In respond to it a united certificate was given by the regional subdivision of the RA Cadastre Committee certifying that the land was involved in the list of the lands envisaged by the RA Land Code.

In order to organize the alienation of the land at any cost the community head demanded to submit a new application to the RA Cadastre Committee on providing a united certificate based on which the chief specialist of the municipality submitted an application to Meghri Office of the RA Cadastre Committee asking to correct the mistakes in the previous united certificate given by the regional subdivision of the RA Cadastre Committee and remove the record “of the Article 60 of the RA Land Code” from the section “additional notes and information”.

In response to the mentioned application a new united certificate was given by the regional subdivision of the RA Cadastre Committee in the section ““additional notes and information” of which it was mentioned that the new state registration of the owner’s right to the property on any base would be made in case a relevant certificate was submitted on the fact that the land was or was not involved in the list of the lands envisaged by the Article 60 of the RA Land Code.

In order to complete the land alienation process, by the community head’s instruction, the chief specialist of the Division of Urban Development, Land Use, Agriculture և Property Management made a fake certificate with the content that the mentioned land was not involved in the list of lands envisaged by the Article 60 of the RA Land Code which was confirmed by the head of the community. On the base of the certificate, under a real estate contract signed between the persons authorized by the municipality and the person who had been found a winner in the competition the mentioned land of 0,4388 ha was alienated and received a state registration.

As a result, the part - 0,4388 ha of the land owned by the community and the alienation of which was forbidden under the Points 6 and 11 of the Article 60 of the RA Land Code, mentioned as a reserve in the master plan of Meghri community was alienated as a property – negligently causing significant damage to the rights and legal interests of the state and the community. The land the alienation of which had been forbidden was removed from the property, the lake owned by the community was deprived of the coast, the community and the state were deprived of the opportunity to use the mentioned area according to the purpose.

On the base of the obtained sufficient evidence charge was pressed against the former head and the deputy head of Meghri community according to the Part 2 of the Article 308 and the Part 1 of the Article 314 of RA Criminal Code. Detention was used as a pretrial measure against them. Charge was pressed against the chief specialist of the Division of Urban Development, Land Use, Agriculture և Property Management according to the Part 2 of the Article 38-308 and the Part 1 of the Article 38-314 of RA Criminal Code and signature not to leave was chosen as a pretrial measure against him.

Preliminary investigation was completed and the criminal case with the bill of indictment was sent to prosecutor supervising the legality of preliminary investigation to confirm and send to court.

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

 


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