Case of Depriving Community of Opportunity to Obtain Real Income of About 3 Billion 900 Million AMD Detected
As a result of operative-search measures taken by the RA National Security Service, apparent factual data were obtained that G.S., the Head of Arinj community of Kotayk province, as an official constantly carrying out organizational-managerial and administrative functions in the mentioned community since October 2002, having the right to alienate or provide the property of the community for use under the conditions established by the council of elders of the community pursuant to Article 32, Clause 12 of the RA Law “On Local Self-Government”, submitting a proposal to the council of elders of the community according to the requirements defined by the RA Legislation on decision-making about the urban development program and land development documents of the community and (or) their suggestions, as well as approving project assignments according to Clause 12.1 of the same law, based on other personal interest, with the support of the councils of the same community, used his official position against the interests of the service- created conditions for transferring residential land, land of industrial, subsurface management and other production purpose with a total area of 87.7 hectares, located in Arinj community of Kotayk province and belonging to the mentioned community, to the category of agricultural purpose, in order to carry out such an intention, on the grounds of the decision of October 13, 2017, N 37-N of the council of elders of the community “On Alienation of Community Land Plots by Auction”, a land construction case was prepared which, upon the consent of the governor of Kotayk province, was submitted to the relevant departments in order to get an opinion.
In accordance with the conclusion of February 12, 2017, N 78 of interdepartmental commission for coordination of temporary land use schemes created on the basis of RA Prime Minister decision of August 13, 2001, based on positive opinions, a total of 87.7 hectares plot of land of industrial, subsurface management, residential and other production purpose located in the administrative territory of Arinj community owned by the community were transferred to the category of agricultural lands (pastures), as a result of which the cadastral value of the mentioned lands was reduced from 3,967,548,000 (three billion nine hundred sixty-seven million five hundred forty eight thousand) AMD to 25,340,000 (twenty five million three hundred forty thousand) AMD, in this way giving “Multi Group” Concern the opportunity to acquire a total of 87.7 hectares of community land at a significantly lower price. Then, the official of the same community, fulfilling his intention, organized and held an auction on alienation of a total of 87.7hectares of community land, ensuring allegedly the presence of the second participant of the auction, then, making sure that the requirements established by the RA Law “On Public Auctions” are met, during a bogus auction held in the same community, it was alienated to “Multi Group” Concern at a relatively low price of 29.284.157 AMD. Then, by the decision of August 26, 2019, N 533-A of the head of Arinj community, the purpose of the 0.22 hectare land from acquired land of agricultural purpose was changed again from agricultural land to industrial, subsurface management and other production category and in those conditions, a stone building of about 1860 square meters and a paved area for truck parking were built on the land by competent persons of “Multi Group” Concern, that is, the land was actually used for its intended purpose, which had been originally registered in the community before being alienated to “Multi Group” Concern.
As a result of such unlawful activities, Arinj community was deprived of the real opportunity to earn a particularly large amount of income -3.938.263.843 AMD- in exchange for the alienation of its property, which caused significant damage in the form of property to the legitimate interests of Arinj community by negligently causing grave consequences.
In this connection a criminal case was initiated on the grounds of the elements of crime under Article 308, Part 2 of the RA Criminal Code in the Investigation Department of the National Security Service of RA.
Necessary investigative and other procedural actions are being taken applying permissible criminal procedural toolkit to find out all the circumstances, the full scope of persons who committed the crime and to restore the legitimate interests of the community.
Note: The suspect or accused of an alleged crime is considered innocent as long as his/her guilt is not proven in a manner prescribed by the Code of Criminal Procedure of RA - by the court decision entered into legal force.