In July 2019 the letter of the Head of the RA Urban Development, Technical Standards and Fire Safety Inspectorate was sent to Kotayk Division of the RA Police from the Prosecutor's Office of Kotayk Region regarding the non-elimination of violations after an administrative fine for violations committed during the construction of multi-apartment building by the LLC.
In the course of preparing the materials, data were received that by the decree of Abovyan Council of Elders dated 03.12.2018, the land plot owned by the company was exchanged with 6 land plots owned by the community. In addition to that, the company carried out the construction works of multi-apartment buildings on the territories of land plot owned by the community and some citizens (by agreement of the latter). By the decision of the Head of Abovyan Community dated 23.05.2019, the company was subjected to administrative liability for unauthorized construction works on the territory of the land plot and a fine was assigned in the amount of 200.000 AMD, which was paid. After paying the fine, the necessary permits were obtained for carrying out the construction works and works were continued legally.
Then the company was subjected to administrative liability for carrying out the construction works on the territory of the land plot owned by the community by the right of ownership, for which the assigned administrative fine in the amount of 400.000 AMD was also paid, however, unauthorized construction works were not stopped. In total, 19 multi-apartment buildings are being constructed.
In the course of preparing the materials, the inquiry body, having considered it reasonable that the company was subjected to an administrative fine for unauthorized seizure of the community’s land plot and for not eliminating its consequences, rendered a decision regarding refusing to initiate a criminal case on the basis of the absence of corpus delicti.
However, as a result of the consideration of the case materials within the framework of the verification of the legality of this decision, it was found out that the materials were not prepared fully, circumstances of significant importance were not identified, the obtained factual circumstances were not correctly assessed, and the above mentioned conclusion of the body conducting the proceedings does not correspond to the data available in materials.
In particular, it was not found out whether the company had permits for the construction of multi-apartment residential buildings on the land plots owned by it by the right of ownership or not, if yes, then when they were given, the reported violations concerned 1 or several buildings. It was not found out whether the unauthorized construction on the territories of land plots belonging both to the community and to citizens was carried out or no, necessary investigative and procedural actions with a view to identify these circumstances were not taken.
As a result, considering that it is necessary to establish the circumstances of a possible crime in the above processes by a full, objective and comprehensive investigation, the RA Prosecutor General Artur Davtyan by decision dated 30.10.2019 eliminated the decision of the inquiry body to refuse to initiate a criminal case and under Art. 315.2 of the RA Criminal Code initiated a criminal case.
Under the prosecutorial supervision in the Investigative Department of Kotayk Region of the RA IC, a decision was rendered to involve the Head of the Community of Abovyan, V. G. as an accused for committing criminal offenses envisaged under Art. 3152 of the RA Criminal Code and a charge was brought against him accordingly.
By the combination of sufficient evidence it was substantiated that the latter did not intentionally fulfill his duties and did not apply administrative responsibility measures provided for by the legislation on administrative liability in relation to people who seized the land plot. And the measures already applied were formal. The preliminary investigation is still in process.
Note: Everyone charged with alleged crime offence shall be presumed innocent until proved guilty according to the RA Procedure law and lawful sentence.
