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ԻԻՀ գլխավոր դատախազի այցը ՀՀ

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The RA Prosecutor’s Office Division of Public Relations, head of the Division – Arevik Khachatryan

06.08.2021 | 5 criminal cases concerning the lease of land plots of Shirak region with abuses for the installation of antenna stations in court, by 2 verdicts were rendered

By the preliminary investigation carried out within the framework of the criminal case investigated in the Investigative Department of Shirak region of the Investigative Committee of the Republic of Armenia was substantiated that the former head of the Voghji community of Shirak region S.A. and in February 2008 and in September 2007 approved the protocols on the lease of land plots drawn up in violation of the provisions of the RA Law "On Public Auction" and with the head of the Amasia service office of the RA Cadastre Committee, with the daughter of a friend - with a minor resident of the village of Amasia, Shirak region, concluded agreements on the lease of agricultural lands. S. A. rented 1.462 hectares of agricultural land in the administrative territory of the community for a period of 25 years with an annual rent of 2660 AMD, and another land plot of 0.83 hectares for a period of 25 years with an annual rent of 3155AMD.

 

Some time after the conclusion of the agreements, the lessee, under sublease agreements, handed over to 2 telecom operators 0.04 hectares of a land plot with an annual rent of 480.000AMD, and 0.02 hectares for a period of 20 years with a monthly payment of 75.000AMD.

 

And the head of the community gave permission for the sublease of land and the installation of antenna stations on the territories of agricultural land.

 

As a result of the transactions, the family of a minor resident of the village of Amasia received an income in the amount of 6.754.440AMD, and the community was deprived of the opportunity to receive income in this amount.

 

For committing the above acts, the former head of Voghji community was charged under Part 2 of Art. 308 of the RA Criminal Code.

 

The preliminary investigation of the criminal case was completed, the prosecutor approved the indictment and sent the criminal case back to the Court of General Jurisdiction of the First Instance of Shirak region to consider the case on the merits.

 

In general regarding the cases of abuses fixed in the processes of lease, sublease and alienation of land plots of public and state property for the installation of mobile antenna stations, in the prosecutor's office of Shirak region 14 criminal cases were investigated by 2 of which preliminary investigation is still in process, proceedings of  7 have been suspended, and 5 cases against 5 people (community leaders) were sent to court with indictment.

 

By the suspended proceedings against 7 former community leaders, decisions were issued not to carry out criminal prosecution on an unjustifiable basis.

 

Proceedings on 3 criminal cases sent to court are in process, and convictions were rendered by 2 of them. In particular, the former leader of the community was found guilty under Part 2 of Art. 308 of the RA Criminal Code, and imprisonment for a period of 2 years was imposed on him as a punishment, which was not conditionally applied and a probationary period was established. And by another case, the former leader of the community was found guilty under Part 2 of Art. 308 of the RA Criminal Code and the latter was sentenced to imprisonment for a period of 3 years, and the said person was released by an act of amnesty. In relation to the latter, as an additional punishment, deprivation of the right to hold positions in state and local self-government bodies was appointed for a period of 1 year.

 

By the aforementioned criminal cases, mainly in the course of pre-trial proceedings, the damage caused to communities in the amount of about 16 million AMD was generally restored. In addition, in case of 7, lease and sublease agreements were terminated, and the communities concluded new agreements with telecom operators.