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Former head of one of the communities of Yerevan embezzled the kindergarten belonging to the community. The prosecutor submitted the case to the court

11/03/2024

A.S. holding the position of the Head of one of the communities of Yerevan from 2011 until 2018, embezzled with his friend A.Sh. the property with the surface of 124.3 square meters (the market value whereof amounted to AMD 18 million 720 thousand), belonging to the kindergarten and located at 60/1 3-rd street, Nerkin Charbakh, Yerevan.

 

Under the examination of the criminal case (proceedings) by the Prosecutor’s Office of Shengavit administrative district it was found out that on February 9, 2018, the head of the community, receiving an application from A.Sh. on registration of his ownership right, drew up a draft decision of the Mayor of the city of Yerevan on the privatization of the land plot allocated to the pre-school educational institution, however, pursuant to part 4 of article 30 of the Law “On pre-school education” the property may be alienated in exceptional cases and pursuant to part 4 of article 45 of the Law “On education” where alienated, the property should be used exceptionally for educational purposes.

 

The Head of the community included false information in the documents attached to the draft submitted to the Mayor of the city of Yerevan. In particular, submitted a decision of the Head of an administrative district of the city of Yerevan (dated 2005), which actually doesn’t exist as well as a statement including false information, issued by an employee of the community hall. By the decision (based on the abovementioned documents) of the Mayor of the city of Yerevan dated February 14, 2018, the ownership right over the territory belonging to the pre-school education institution was donated to A.Sh..

 

On February 28, 2018 A.Sh.’s ownership right over the abovementioned property was registered. On February 28, 2019, the latter donated the mentioned property to the daughter of A.S., Head of the community.

 

In addition, the Head of the community drew up another draft decision of the Mayor of the city of Yerevan, pursuant whereof, another part of the territory —77.1 square meters with the market value of 11 million 400 thousand was alienated to M.M. an employee of the community hall through donation. 

 

On February 26, 2024, the supervising prosecutor initiated a public criminal prosecution on his own initiative against A.S. under point 1 of part 3 of article 178, part 2 of article 308, part 1 of article 314, points 1 and 3 of part 3 of article 190 and against A.Sh. under point 1 of part 3 of article 38-178, point 1 of part 3 of article 190 of the Criminal Code adopted on 18.04.2003.

 

On March 11, 2024 the Prosecutor signed an indictment on the abovementioned individuals and submitted to the Anti-corruption court with the materials of the case.

 

In the scope of the powers of initiating claim on state (community) interest protection the Prosecutor’s office submitted the claim to the Administrative Court on returning the property belonging to the community back to the community. The claim was accepted into the proceedings.

 

Notice:  A person charged with any crime shall be presumed innocent until proved guilty in the manner prescribed by the RA Criminal Procedure Code—by the judgment came into legal force.