30.04.2020 | Criminal cases initiated on the cases of signing illegal land sublease agreements in Darbas community of Syunik region and Gugark community of Lori region; damage is being recovered

As we have already informed, based on the results of the permanent monitoring conducted by the RA State Supervision Service on the instructions of the RA Prosecutor General, wide scale examination is being carried out within the communities of 8 regions of the republic in the sphere of state-owned and community-owned lands lease and then sublease procedures (including telecommunication operators). In the context of operative, extended investigations undertaken by prosecutor’s offices of the regions, criminal cases have already been initiated for many cases; procedures recovering the damage caused to the communities and the state have started, cancelling the sublease agreements by violating the requirement of law and new agreements are being concluded directly by the communities.   


In particular, the materials prepared on the instruction of the Prosecutor's Office of Syunik Region revealed that R. Kh., the former head of Darbas community of Syunik region, has concluded a 25-year lease agreement with Darbas community on December 7, 2006 for an annual lease payment of 6.000 AMD for 2 hectares of land plot with agricultural significance. Then, without undertaking measures to change the main significance of the land, he concluded a sublease agreement with a telecommunication operator on December 20, 2006 to lease the 300 sq.m. plot of land for 40,000 AMD per month for a period of 10 years. After concluding this agreement, an antenna station, an object of communication infrastructure, was installed by the sublessee and about 6,360,000 AMD has been paid up to date. During all that time, the head of the community has not undertaken any measures to stop or eliminate illegal land use.


That is to say, non-fulfillment of the above-mentioned authorities by the former head of the community caused serious consequences; the community was not paid a total of 6,282,000 AMD.


A criminal case has been initiated at the Prosecutor's Office of Syunik Region under Article 308, Part 2 of the RA Criminal Code. The former head of the Darbas community has been arrested; the latter has fully compensated the damage caused. Taking into account this fact and the fact that he testified, a decision was made on releasing A. A. from arrest, the preliminary investigation is underway.


In another case, the materials prepared on the instructions of the Prosecutor's Office of Lori Region, it was revealed that A. A., the head of Gugark community, with the consent of the community council, being officially informed about the intention of the telecommunication operator to install and operate an antenna station in the territory of the community-owned land, about the willingness to pay high rent, he established a tender commission, he himself was the head of the commission, organized and held a fictive tender to lease the land owned by the community with the aim of not entering the payments in the budget of community, but to improve the welfare of his family. In the result, the winner was his wife, with whom he concluded a land lease agreement on June 1, 2007, according to which land plot of 0.12 hectare leased to the latter for a period of 50 years, with an annual payment of 2,000 AMD. Then, shortly after, on July 20, 2007, the head of the community through his wife handed over the plot of land of 0.02 hectare from the same plot of land to the CJSC for a rent fee of 1,020,000 AMD per year. In the result, until 2019, he received totally 12.236,000 AMD profit by means of using the land plot, which was actually community property. As a result, the community was deprived of the opportunity to receive a particularly large amount of income of 12.236,000 AMD for the use of its own property.


In connection with the fact, a criminal case has been initiated in the Prosecutor's Office of Lori Region under Article 308, Part 2 of the RA Criminal Code and was sent to the Lori Regional Investigation Department of the RA Investigative Committee for preliminary investigation.


On April 24, 2020, the head of the community was arrested on suspicion of committing a crime, in the same day he recovered 6.120.000 AMD from the damage caused to the community and expressed his willingness to pay the rest of the damage during the preliminary investigation.


Taking into account that circumstance, as well as the fact that he confessed guilt a decision was made by the investigator to release A. A. from detention. Signed undertaking not to leave was chosen as a precautionary measure against his wife N. Q. The investigation is underway.


The prosecutor of Lori region has sent a petition to the marzpet to take measures to terminate the above-mentioned illegal lease agreements, to establish new contractual relationship between the community and the economic operator in accordance with the law.


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.