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30.07.2021 | As a result of the failure of to fulfill the duties by the officals, the company did not fulfill its contractual obligations to protect the forest. Criminal case was initiated

On the basis of the materials and documents received from the RA Audit Chamber, the Department for the Protection of State Interests of the RA Prosecutor General 's Office carried out a study in the field of fulfilling the contractual obligations of afforestation of “High Voltage Electric Networks” CJSC, and with a view to ensure it, the necessary documents were requested and received from “Hayantar” SNCO.


In the course of the study, it was found out that 11 agreements on forest lands for a period of 1 year were concluded between the "Hayantar" SNCO and the "HVEN" CJSC. According to the agreement, “HVEN” was issued a positive conclusion of Environmental Impact Assessment on May 17, 2017.


Within the framework of this agreement, for “HVEN” CJSC was allocated a forest area of 0.76295 hectares on the territory of "Lalvar forestry" in the village of Tsakhkashat for the installation of poles within the framework of the "Replacement of overhead lines" program, the construction of overhead power lines and their further operation. In return, the company undertook within three months, in accordance with the procedure approved by the Government of the Republic of Armenia No. 1045-N of August 30, 2007, to submit a plan for the restoration of damage to forestry, including a plan and schedule for carrying out reforestation work on an area twice as large as provided for use.


By order of “HVEN” CJSC, a working project was drawn up for afforestation of a 1.6 hectare territory provided in Vahagn forestry, according to which the cost of afforestation and fencing work was about 12.912.000 AMD, and on which no objections and comments were received from sides of Yeghegnutsky forestry.


It was found out that as a result of the failure to fulfill their official duties by the officials of “Hayantar” SNCO in 2018-2020, despite the requirements established by the Government Decision No. 1045-N of August 30, 2007, contracts with “HVEN” CJSC were concluded on the basis of the invalid conclusion of the state expertise "On Environmental Impact Assessment", and the concluded agreement did not impose on the company the obligations for afforestation, and the parties were not obliged to properly perform the work stipulated by the program, as well as the obligation to compensate for the damage caused as a result of the work stoppage due to non-compliance with the requirements and conditions of the contract. As a result, on the 1.6 hectare land plot, no works for forest were carried out in the amount of 12.912.003 AMD.


Taking into account that in the course of the study, sufficient data were obtained on the use by an official of his official position contrary to the interests of the service or failure to perform official duties on the basis of group interests that caused significant harm to the rights and legitimate interests of individuals, organizations or the state in the Department for the Protection of State Interests of the RA Prosecutor General 's Office a criminal case was initiated under Part 2 of Art. 308 of the RA Criminal Code.


With the instruction to carry out the preliminary investigation, the criminal case was sent to the Investigative Committee of the Republic of Armenia.


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.