20.11.2019 | The prosecutor's office of Lori region has presented an initiative to return “Artsakh” park to the community and restore the violated rights of the community

In the course of the investigation of one of the criminal cases under the procedural lead of the prosecutors of the prosecutor’s office of Lori region, it has been found out that on 23 February 2007 by the decision of the former head of Vanadzor community, the territory of “Artsakh” park (not subject to privatization), included in the state list of immovable historical and cultural monuments of Lori region, has been transferred to LLC. By the decision of the RA Government of April 13, 2006, the territory of the park on the right of ownership has been transferred to Vanadzor community as a land plot for public construction. In the course of the investigation of criminal case, it has been found out that in the process of alienation of the land plot, the community had took that decision of the government as a basis.

 

On the basis of this, the preliminary investigation body has come to the conclusion that in the process of alienation of the land plot, in the acts of the officials of Vanadzor municipality there is no corpus delicti envisaged by Part 1 of Art. 308 of the RA Criminal Code and based on this the preliminary investigation body has refused to carry out criminal prosecution against the latter.

 

However, during the verification of the legality of the decision made by the investigator regarding this in the prosecutor's office of the region and familiarization with the materials of the criminal case, it has become clear that the administrative act regarding the transfer of the territory of the park to the LLC has been adopted by the community leader in violation of the requirements of Art. 60, Art. 87 of the RA Land Code, which may be the basis for the recognition of the specified administrative act as unlawful.

 

Taking into account this circumstance, as well as the fact that as a result of the alienation of the land plot owned by the community, the community’s rights have been violated, the prosecutor of Lori region has presented a petition to the head of the community of Vanadzor with a view to discuss the issue of invalidating this administrative act adopted in violation of the law and restoration of legitimate interests and taking measures to exclude such phenomena.