21.06.2022 | A criminal case was initiated regarding the process of building a cafe-restaurant in the park belonging to "Gavar Orphanage" SNOC

The Department of State Interests Protection of the RA General Prosecutor's Office studied the legality of the expropriation of the territory belonging to the Ministry's "Gavar Orphanage" SNOC located at Grigor Narekatsi 3 Street, Gavar Town, Gegharkunik Region, RA, on the basis of the documents received from the Ministry of Labor and Social Affairs of the Republic of Armenia and the construction carried out in it. In order to provide the completeness of the study, relevant documents were requested and received from the RA Committee of Cadastre, Gavar Municipality, "Gavar Orphanage" SNOC.

 

It was found out that in 2011 and in 2015 the area of 0.05 ha and 0.007 ha of the orphanage were leased to citizen L. H. for a period of one year to build a children's cafe.

 

For this purpose, on 07.09.2011, the Head of Gavar town provided with an architectural design task and a building permit of the newly constructed object the tenant.

 

On 19.07.2013 L. H. was given a certificate of state registration of the right to real estate property with ownership rights, with which the café with the area of 45.08 sq.m. and the warehouses with the are of 10.41 sq.m. and 4.87 sq.m., roofs with the area of 61.66 sq.m. and 40.8 sq.m., while the buildings built with the right of development on the land owned by SNOC could not be the  property of L. H.

 

L. H. appealed to the head of the Gavar community in April 2020, asking to extend the the period of the building permit for formulation of final works and the approval of design changes. It was found out, however, that at the time of submitting the application, the 168-day period for the construction works defined by the construction permit had already passed. Meanwhile, the head of the community of Gavar, ignoring the mentioned fact, violating the requirements of the RA Law on Urban Development, issued a new building permit on 30.04.2020 with the period of 60 days.

 

The study also revealed that L. H. was issued an operation permit, final certificate on 10.07.2020, but on 04.08.2020, the RA Cadastre made a decision to suspend the state registration procedure, because the construction date of all buildings is written in the description of the building as 2013, while the final certificate was issued in 2020.

 

Taking into account that sufficient data was obtained on not performing or improperly performing duties as a result of dishonest or negligent attitude towards the service by an official, thereby causing significant damage to the legal interests of the state, in the Department of State Interests Protection of the General Prosecutor's Office of the Republic of Armenia a criminal case was initiated under Article 315, Part 1 of the RA Criminal Code. The criminal case was sent to the RA Investigative Committee with the instruction to conduct a preliminary investigation.

 

 

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.