Գլխավոր դատախազ Աննա Վարդապետյանի ղեկավարությամբ խորհրդակցություն՝ Երևան քաղաքի դատախազությունում

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

31.10.2019 | Data have been obtained on the materials prepared by Yerevan Police Department of the RA Police regarding corruption abuses in the process of allocating land plots in "Arabkir" children's park in Yerevan

In particular, it was found that according to the decisions of the Mayor of Yerevan of May and November 2003 and three decisions of July 2004 the requirements of Article 60 of the Land Code of the Republic of Armenia and the Law of the Republic of Armenia on the Status of Unauthorized Buildings and Unauthorized Land Occupation” were violated in Arabkir park included in the list of restrictions, with the right of ownership of three citizens owning a cafe with a storage room, a newspaper kiosk and a photography studio.


In addition, data have been obtained that according to the measurements implemented in June 2011 after the fact of land occupation was recorded instead of instigating administrative proceedings and stopping further cultivation on the basis of additional measurements made in June, the competent officials of Yerevan Municipality issued decisions twice: on 2013 and 2017 on extending the term of the land lease contract.


It was also found out that according to two decisions dated on 17.02.2017 and a decision dated on 04.05.2018, on the ground of the conclusions of the Department of Architecture and Urban Development of Yerevan Municipality 2 persons were granted land plots and in another case a land lease contract was signed with LLC. Though, the study of the general plan of those years revealed that there were numerous unauthorized constructions in the mentioned land plots, which were not recorded according to the above-mentioned conclusions.


Then, despite the fact that proceedings initiated in 2018 for the right of state registration by the LLC toward the real estate was suspended in the State Committee of Real Estate Cadastre adjunct to the Government of the Republic of Armenia for the reason there were buildings in the plan of the extending land plot, made the state registration of that real estate belonging to the mentioned LLC without the land plot plan.


Besides, the materials revealed that after disclosure of the fact of illegal land occupation in Arabkir Park in March and April and subjecting to administrative penalties for the perpetrators, law enforcement entities have not undertaken measures to stop it that is, no dual administrative penalty was applied and the occupation was not abolished.


That is to say, the preparation of the materials provided data that the relevant officials of the Municipality of Yerevan, violating the legal requirements of the legislation, recognized the right of citizens to certain buildings in violation of the requirements of the law, and in some cases did not terminate the contract after recording the facts of land occupation. In some cases did not carry out administrative proceedings; in some cases, decisions indirectly allowed land occupation. In other case the relevant officials of Yerevan municipality and the State Committee of the Real Estate Cadastre of the Republic of Armenia have inserted false information in official documents and violated the requirements of the law by illegally allocating the land to a legal entity and making state registration of property. The above mentioned actions have caused significant damage to the legitimate interests of society and the state.


Based on the above mentioned facts, a criminal case was initiated on the basis of the above mentioned facts in Article 308, Part 1 of RA Criminal Code, Article 314, Part 1 of RA Criminal Code and Article 315, Part 1 of RA Criminal Code which was sent to the Investigation Department of Yerevan City of the Investigative Committee of the RA.


Note: Everyone charged with alleged crime offence shall be presumed innocent until proved guilty according to the RA Procedure law and lawful sentence.