14.11.2019 | With the permission of officials, the gold-polymetallic deposit has been exploited for many years without corresponding it with the target purpose of this land plot. Criminal case has been initiated

On the basis of the information and documents received from the staff of the Prime Minister of the Republic of Armenia, State Interests Protection Department of the RA Prosecutor General's Office has investigated the legitimacy of the conditions for exploitation of the gold-polymetallic deposit in Lori region, as well as the sale of land plots for subsoil use.


In the course of the study, it has been found out that the mining allotment provided to “C” CJSC for the exploitation of the deposit, a mining allotment territory (278.6 ha.) has been provided from 2015 to 01.03.2049.


On the basis of the instruction of the staff of the RA Prime Minister in 2019, in the course of the study of data on registration and assessment of land plots of Stepanavan community, carried out by the Marzpetaran of Lori region, it has been found out that in the above-mentioned community to the CJSC belong 89.9 ha. land plots, from which 76.4 ha. of agricultural purpose and only 13.5 ha. of industrial, subsoil use.


Besides, it has been found out that for the purpose of subsoil use, the CJSC uses about 128 ha. land plot, from which only 77.6 ha. is his own. Concerning the remaining part, land plots of the community (41.6 ha.) and citizens (8.74 ha.) are illegally used. This is in the case when the company could use land plot that is not its own only with the consent of the land owner or by land use agreement.


Moreover, based on the requirements established by the RA subsoil code and the RA land code, the company could not use land plots of agricultural purpose owned by it for the purpose of subsoil use without changing their target purpose, which has not been implemented. As a result, in case of the change of the target purpose of land plots with an area of 76.4 ha., owned by the company on the basis of ownership rights, the company has not paid the cadastral price difference (at the time of change), which has been amounted to about 299 million AMD.


Besides, for the purposes of subsoil use in the event of a change in the target purpose of the land used for industrial, and other purposes during 2016-2018 their payments could amount to 7.8 million AMD, and land tax - 2.6 AMD.


According to the land legislation and the legislation of local self-government bodies, the requirements of the relevant decrees of the RA President in force at that time, control over the use of land plots of the communities, provision of land plots, payments and taxes, targeted use of the land fund, compliance with the requirements of the land legislation by land users has been carried out by marzets and leaders of the communities.


Thus, in the course of the study of materials received from the staff of the RA Prime Minister, data have been received on non-fulfillment of obligations in the period of 2015-2019 by the responsible officials of the Marzpetaran of Lori region and Stepanavan community, not taking measures for the change of the target purpose of land plots with an area of ​​76.4 ha., non-payment of land tax in the amount of 309.4 million AMD, as well as causing damage to the community by the abuse of trust by the responsible employees of CJSC.


On the basis of these facts, a criminal case has been initiated by State Interests Protection Department of the Prosecutor General's Office of the Republic of Armenia in accordance with Point 1 of Part 2 of Art. 184, Part 2 of Art. 308 of the RA Criminal Code, the preliminary investigation of which has been entrusted to the RA IC.


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.