Criminal-legal fight against illegal logging and corruption crimes in this filed in Tavush region continues.
On October 24, 2019, in the course of realization of operational data, the officers of CPD of Ijevan Police Department together with the employees of the territorial division of Tavush EPMIB in the forest square of Ijevan branch of "Ijevan Forestry" SNCO "Hayantar" SNCO have found out the iron cans with charcoal provided for the production of charcoal, 202 bags of charcoal and about 8 cm. of firewood.
On the basis of the materials prepared by Ijevan Division of the RA Police, it has been found out that these cans are components of charcoal, which are owned by the forester of forest square of Ijevan branch of "Ijevan Forestry" of "Hayantar" SNCO and are exploited by another person.
Data have been received that the latter has obtained a ticket for coniferous wood from the branch of "Ijevan Forestry", after which he transported wood (in total 16 square meters) from the 6th section of the forest square 8-9 times by "Uaz" car to the charcoal factory, accumulated and then activated charcoal by partial burning. Then, with another person, charcoal has been packed in bags.
By data obtained during the preparation of the materials it has been found out that the wood has been written out under the name of a completely different person and without any notes on the ticket, which has been transferred only in October 2019 by a forester of the branch to the person who operates the factory, after detecting in the factory and registration of wood and charcoal for presenting to the police.
The investigative authority has considered that the person operating the factory has obtained coniferous wood using the privilege for purchasing firewood established by the decision of the RA Government dated 27.10.2011. N 1535-Ն, a ticket for the use of coniferous wood, however, it he has violated the conditions for the purchase of free coniferous wood for non-production purposes, according to which coniferous wood is exclusively provided to residents for heating the apartment, which is not in the criminal, but in the administrative sphere. On the basis of this on 04.11.2019 the investigative authority within the framework of the prepared materials has made a decision not to initiate a criminal case on the basis of the absence of corpus delicti in the acts of the person operating the factory envisaged by Art. 296 and Art. 216 of the RA Criminal Code.
However, in the course of the study of materials in the Prosecutor's Office of Tavush region and verification of the legality of the decision made by the investigator, it has been found out that the materials of this case have not been fully prepared, a number of necessary investigative actions have not been carried out, the actions of the forester, who is an official have not been legally assessed.
Meanwhile, the prepared materials have contained data that testify the direct connection of the forester concerning the export of this wood by his own car as well as the concealment of illegal export of wood by providing a ticket for the use of wood under the name of a third party.
Taking into account these circumstances, the prosecutor's office of Tavush region has made a decision to eliminate the decision of the investigator on the rejection of the initiation of the criminal case and to initiate a criminal case under Part 1 of Art. 308 and Art. 326 of the RA Criminal Code. Preliminary investigation has been instructed to the investigative department of Tavush region of the RA IC.
In addition to the above-mentioned, the prosecutor's office of Tavush region has approved the indictment of the criminal case initiated on the fact of giving and receiving bribe for illegal export of wood from the territory of the department of the branch of “Shamakhyan subdistrict” of the “Dilijan National Park” SNCO. By this case, under Part 1 of Art. 311 of the RA Criminal Code one of the foresters of the branch has been charged, and under Part 1 of Art. 312 of the RA Criminal Code has been charged the person involved in the criminal scheme together with him. Both have pleaded themselves guilty.
The criminal case has been sent to the court of general jurisdiction of the first instance of Tavush region for consideration on the merits.
Notice: Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by the RA Criminal Procedure Code and unless the verdict comes into legal force.
