03.07.2020 | The large unauthorized fish farm built in Ararat Region has been legalized by the Prosecutor's Office, the rights of the community have been recovered.

Based on the publication titled "Fish farmers devalued the country's largest capital - land" on the online newspaper “Hetq” published on 8 January, 2020 the RA Prosecutor General instructed the Prosecutor’s Office of Ararat Region to undertake studies within the scope of protection of state interests. Materials have been prepared in Masis Division of the RA Police. These materials showed that a contract signed still on June 3, 2004 on the land lease of 11.32-hectare land from Sis community of Ararat Region by company N, a fish farm with 5-hectare area was built completely unauthorized, consisting of concrete fishing ponds and other unauthorized buildings. In addition, the mentioned company leased the mentioned 11.32-hectare land under a sub-lease agreement.

 

According to the legislation of the Republic of Armenia, the head of the community is responsible for the aimful use of lands within the administrative boundaries of the community, and the responsibility of control over the observance of land legislation requirements by land users, prevention and suspension of illegal land usage, and the aimless use of land plots can serve as a ground to terminate the right of land leasing under Article 102 of the RA Land Code and under the terms of the lease agreement.

 

The prepared materials have substantiated that the former and acting heads of the community have not fulfilled their official duties because of unfair and negligent attitude towards their positions, have not exercised proper control over the aimful use of lands within the administrative boundaries of their community and the land legislation has not been followed by land users.

 

The investigative body decided to refuse the initiation of criminal proceedings due to the statute of limitations regarding  the former head of Sis community on the grounds of applying the amnesty act, taking into account the fact that they had no objection.

 

Besides, the Prosecutor of Ararat Region addressed a letter to the head of Sis community to undertake measures to terminate the lease agreement in accordance with the legislation and the order N 912-N of the RA Government adopted on May 28, 2006 on legalization or demolishment of unauthorized structures proposing to inform the Prosecutor's Office of Ararat Region about the results as soon as possible.

 

In the result, the unauthorized structures built by the decision of the head of Sis community on June 3, 2020 were legalized and recognized as community property. The community offered to buy the mentioned structures through direct sale and 10,75876 hectares of land plot necessary for their service and maintenance. The purchase offer was accepted on June 30 and about AMD 111 million was transferred to the bank account of the community for the purchase of the mentioned structures and land plot.

 

It is worth of underlining that since 2007 Sis community has been deprived of the opportunity to collect property taxes for these unauthorized buildings and replenish the budget of the community, given that the unauthorized buildings were not state-registered. Meanwhile, in the result of the initiation of the Prosecutor's Office, from now each year the owner of the fish farm will have to pay a certain amount of property tax to Sis community budget.

 

 

 

Դատախազությունը նշում է 102-րդ տարեդարձը և Դատախազության աշխատողի օրը

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The RA Prosecutor’s Office Division of Public Relations, head of the Division – Arevik Khachatryan

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