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Head of Kasakh Community Detained

10.11.2021 10:36

In the result of investigative and other procedural actions conducted within the criminal case investigated in General Department of Investigation of Particularly Important Cases of the RA Investigative Committee as well as operative-intelligence measures taken together with the employees of the RA Police a number of circumstances of abuses committed by the head of Kasakh community of Kotayk region were found out.

Pursuant to factual data obtained trough investigation, the head of Kasakh community, holding the mentioned position from 0996, in October-November, 2003 using his official position against the interests of the service, in order to give 11.6 hectares of land overloaded with cemeteries located in the mentioned community to a resident of the same community for lease then to alienate it to the latter, drew up and circulated a fake reference and the contour plan of the land with information not corresponding to reality pursuant to which the above-mentioned land was presented as pasture of the 5th class of agricultural significance hiding the circumstance of the existence of cemeteries on the mentioned land.

Then signing an agreement on lease with the same resident of Kasakh community he handed the mentioned land to the latter for lease. Realizing that the alienation of the land overloaded with cemeteries was forbidden the head of Kasakh community signed an agreement on real estate sale with the above-mentioned resident under which he alienated the mentioned land to the latter for 783.000 AMD causing significant damage to legal interests of the society and state.

Then learning that several citizens wanted to buy lands in Kasakh community, the head of the same community, out of mercenary motives to take a number of lands under his possession, to gain material benefit in the result of their sale at a higher price than the starting one, reached a prior agreement with the members of the auction commission on alienating the lands with their help in the result of the alleged auction to persons preferable for him and then alienating the lands to the above-mentioned citizens. As a result, false protocols on alienating the lands owned by the community through alleged auction were drawn up in which false information on participation of people in the auction-sale, steps taken and finding persons preferable for him as winners were included.  

Then, by the instruction of the head of the community, false protocols on the sale of the lands through auction were drawn up which were signed by the latter, the protocol maker and the alleged buyers. Based on the results of the alleged auction the head of the community made decisions on signing an agreement on sale with those found a winner at the alleged auction after which the agreements on sale of the mentioned lands were signed and the mentioned lands were alienated to the above-mentioned citizens.

As a result, significant damage of 43.064.000 AMD in total was negligently caused to the rights and legal interests of the community and those having acquired the lands.

Through investigation it was also found out that in 2012 the resident of Kasayk community under the sale agreement sold the building constructed in 1993 in the same community with an an illegal construction of 17s/m in front of it to another resident of the community.

The latter’s son who actually possessed the mentioned property, in 2015 turned to the head of Kasakh community to continue and complete the construction of the above-mentioned area of 17s/m to which the latter agreed and did not fulfill his authorities defined by law; that is he did not prevent and suspend the unauthorized construction of the building in the result of which the illegal construction was completed in 2015. In 2020 learning that a criminal case was being investigated on the above mentioned apparent crime the community head tried to evade the illegality committed formerly and only on June 2, 2020 made a decision to subject the resident of the community to administrative liability.

On the base of the obtained sufficient evidence charge was pressed against the head of Kasakh community according to the Part 1 of the Article 308, the Part 2 of the Article 308 (2 counts), the Part 1 of the Article 314 (3 counts) and the Article 315.2 of RA Criminal Code.

The motion to use detention as a pretrial measure against him submitted by the investigative body was rejected by the Court of First Instance of Yerevan.

In the result of the appeal submitted by the prosecutor detention was chosen as a pretrial measure against him.

Preliminary investigation is ongoing.

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

 

 


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