Within the framework of the investigation of criminal case, it was found out that a state-owned land plot with 10526 sq.m. located in the community of Drakhtik, Gegharkunik region on the territory of “ Sevan National Park” SNCO was seized and in 2015 without granting the right for construction according to the established procedure, buildings and structures were built on the territory of the indicated land plot. During that period, the relevant officials of “Sevan National Park” SNCO, as well as Drakhtik community, did not take measures to suspend the seizure of the land plot, unauthorized construction of buildings and structures, no measures were taken to subject people who seized the land plot, and carried out an unauthorized structure to administrative liability.
On 12.12.2016 an interdepartmental competitive commission in accordance with the procedure stipulated by the Decree of the RA Government regarding the indicated land plot, organized a tender, as a result of which a resident of Yerevan was declared the winner. On the basis of the decision of 26.12.2016, the Council of “Sevan National Park” SNCO granted this person the right to build and lease for a period of 25 years a land plot of 1.0526 hectares for the construction of a recreation area for 2 years with an investment of 250 million AMD. Then, in May 2017. An agreement was concluded on granting the right to build the indicated land plot, in fact, in case when the land plot was already seized and buildings and structures were built on it without permission.
During the preliminary investigation, it was found out that the Head of Artanish branch of SNCO “Sevan National Park” and the inspector of the same branch, having learned that unauthorized buildings were illegally built on this land plot, did not take measures to prevent them. And the former head of the Drakhtik community, Gegharkunik region, having learned about the building of the cottage by the former minister without the corresponding permission, deliberately did not exercise the power to apply administrative measures against the builder of the unauthorized structure.
Moreover, having learned about the already built cottage, the community leader prepared an official document regarding the indicated land plot, where he included false data that this land plot was unfinished. Based on this on 12.12.16 the above-mentioned tender was held by the interagency commission and an agreement was concluded between SNCO and the citizen regarding granting the right to build a state-owned land plot.
By the preliminary investigation of criminal case was justified the presence of corpus delicti under Part 1 of Art. 314 and 3152 of the RA Criminal Code in the acts of the Former Head of Drakhtik community, and in the acts of the Head of Artanish branch “Sevan National Park” SNCO and the inspector of the same branch under Part 1 of Art. 308 of the RA Criminal Code. However, taking into account the fact that the latter built unauthorized buildings in the period of 2010-2015, that is, the statute of limitations for the commission of the crime was expired and the fact that these officials repented and asked not to carry out criminal prosecution on the basis of the statute of limitations, the body conducting the proceedings on 04.03.2020 rendered a decision not to prosecute them on the basis of the adoption of the amnesty act and the expiry of the statute of limitations.
By the agreement concluded between SNCO and the citizen in May 2017, no date for the construction was set, and after that, until now, the builder wasn’t given the building permit. According to Point 4 of Part 1 of Art. 102 of the RA Land Code, the non-use of the land plot or part thereof within three years is the basis for the forced termination of rights over the land plot. On 03.05.2020 the deadline for completion of the building expires, and the owner of the land, in this case - the state has the right to terminate the building rights.
On the basis of the above mentioned, the RA Prosecutor General’s Office turned to the Ministry of Environment to discuss the issues of filing a lawsuit with the demand for termination of the right for construction on the basis of the above mentioned legal grounds.
