21.05.2020 | Official abuses by Dilijan Municipality and officials of “Dilijan National Park” SNCO

Based on the publication titled ''Who has targeted the forests of "Dilijan" National Park, Part 1.'' appeared on website "hetq.am" a large-scale study was conducted for the protection of state interests at the Prosecutor's Office of Tavush Region. In this context, data were obtained that in order to build a rest complex for organizing and providing services of rest at the address Parz Lich 24 Street of Dilijan community of the Republic of Armenia, a citizen from Dilijan community was issued a construction permit on July 22, 2016, according to which a 12-month deadline was set for construction work. Though the latter's action stopped on 22 July, 2017, however, the deadline set according to construction permits has not been extended and no final construction act has been issued.

 

According to Article 23 of the RA Law on Urban Development, in case of not completing the construction on time, the body issuing the construction permit gives a written warning to the constructor about the extension of the construction permit and the completion of the construction or on alienation of the object of the urban development activity owned by him. In case of non fulfillment of the mentioned requirement, the constructor shall be subjected to administrative liability by the body issuing the construction permit in accordance with the procedure established by law, with a fine of one percent of the estimated construction cost.

 

Meanwhile, officials of Dilijan Municipality did not fulfill their official duties, did not warn the constructor to extend the term of the construction permit in order to complete the construction or alienate the object of urban development, which excluded the possibility of applying administrative liability to the constructor for 3.204.000 AMD causing material damage to the community in the same amount.

 

It was also found out that according to the contract concluded between ''Dilijan National Park'' SNCO and the citizen it was stipulated 5 years term from the date of cadastre registration for concluding the construction, and if the construction was not completed during that period of time, as in the case of non-compliance with the terms of the architectural plan, the contract is considered not valid, and the land is returned to the owner without compensation.

 

The construction should have been completed by November 5, 2018. However, they have not been completed and the officials of "Dilijan National Park" SNCO, ignoring that circumstance, have not taken measures to terminate the contract, return about 5,000 square meters of land plot to the state without compensation, in the result of which the state was deprived of managing its right fully.

Considering that the examination revealed sufficient data a criminal case was initiated under Article 308, Part 1 of the RA Criminal Code and was sent to Tavush Regional Investigation Department of the RA Investigative Committee for preliminary investigation.

Besides, data were received by the Prosecutor's Office of Tavush Region in regard with the same article that a LTD, building restaurant and 4 cottages in the "Haghartsin" area of the "Dilijan National Park" SNCO was issued a construction permit on August 18, 2009. It was found out that the construction permit set a 25-month deadline for the construction works, the operation of which was terminated during September, 2011. According to the study, in this case, the deadline was not extended and final construction act was not issued, while the officials of Dilijan community municipality have not fulfilled their above-mentioned official duties. As a result, it was not possible to subject the constructor with administrative liability of 747.000 AMD in accordance with the law.

Taking into account that there are data indicating features of crime, which show the need for additional checks, the Prosecutor's Office of Tavush Region instructed the Dilijan Police Department to prepare materials according to criminal procedure and solve the process.

The studies regarding the leasing of other areas of "Dilijan National Park" are underway. 

 

 

 

 

 

 

Գլխավոր դատախազ Արթուր Դավթյանը ներկայացրել է 2019 թվականի հաղորդումը

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