06.05.2020 | Some people have made large profits according to illegal sublease agreements through plots of land belonging to Tsater and Harzhis communities. Damages are recovered

As assigned by the RA Prosecutor General, the process of initiating criminal cases on schematic criminal mechanisms of subleasing plots of land of community including in all regions of the republic, recovery of damages caused to communities and termination of illegal lease agreements continues.


In particular, on the instructions of the Prosecutor's Office of Lori Region, Tumanyan Police Department obtained factual information that the head of Tsater community of the region (who is currently the head of Tsater administrative district of the enlarged Odzun community) in 2004 and 2009 has organized two formal tenders for the lease of two community-owned plots of land. In the result of these tenders, the winner became the person who had close relations with the head of the community, and in the other case, with the deputy head.


According to the agreement concluded with the first on October 2004, 14 hectares of land was leased to him for agricultural activities for 25 years term for 168,000 AMD per year. Not having the right to transfer or partially third-party effects assignments of the right to lease the community-owned plots of land on November 2008 the leasee subleased a small part of the same plot of land, 0.02 hectares to the communication operator for a fee of 480,000 AMD per year until 2019 with the knowledge of the head of the community receiving 1.6 million AMD profit for rent.


In regard with the second case according to the agreement concluded on April 2009 2 hectare plot of land was leased for a period of 25 years, for an annual rent of only 8,000 AMD, from which on March 2010 only the 0.01 hectare area was subleased to another communication operator 22.5 times more expensive - for an annual rent of 180,000 AMD to another communication operator and until 2019 he received a total profit of 5.3 million AMD.


Transactions deprived community of the opportunity to receive a particularly large amount of income, totally about 7 million AMD for the use of its property.


In connection with the mentioned facts, a criminal case has been initiated in the Prosecutor's Office of the Region under Article 308, Part 2, Article 3152 of the RA Criminal Code, and a preliminary investigation is underway. The head of the community willfully recovered about 1.7 million AMD by committing to fully recover the damage caused. Based on this, a decision was made to abolish the arrest. The head of the community was charged with Article 308, Part 2, Part 1 and Article 3152 of the RA Criminal Code.


And the former head of Harzhis community of Syunik region, according to the factual data obtained from the materials prepared by the Police, on August 2010 has concluded for 25 years a lease agreement with Harzhis community for a lease of 10 hectares community-owned land which is a pasture and belongs to the community. Then, literally a few days later, only 150 m2 land plot from the mentioned land plot was leased to the communication operator for a period of 10 years, with a monthly rent of 30,000 drams receiving a total profit of about 3.5 million AMD, depriving the community of the opportunity to supplement the budget with funds of almost the same amount.


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 community has fully compensated the damage caused, according to the decision of the preliminary investigation body he was released from arrest. The investigation is underway.


The Prosecutor's offices of the two regions are undertaking measures to terminate the mentioned sublease agreements by the regional administrations and communities and sign new agreements with the communication operators in the interests of the community.