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Արթուր Դավթյանի ելույթը ՀՀ դատախազության համակարգի հիմնադրման 104-ամյակի առթիվ

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

19.07.2022 | Verdict on the case leasing illegally the plot belonging to Gugark: the violated rights of the community have been fully recovered

A verdict was reached on the criminal case regarding leasing and then sub-leasing of plots of Gugark community in Lori Region in the result violating the law and abuse official position.

 

The investigation proved that A. Ashughyan, the head of Gugark community of Lori Region from 2005 to 2020, was officially informed about the intention of the telecommunication operator company to install and operate an antenna station in the community-owned plot in 2007.

 

Using the official position against the interests of his position, the head of the community demanded his wife N. Kocharyan, to submit an appropriate application to the community hall for lease the mentioned land. Then he initiated in person the land planning works and established a tender commission.

 

The tender commission was headed by him, the head of the community organized and held a formal tender for the lease of the mentioned land, in the result the winner was the only participant of the tender. A plot leasing agreement was concluded with the latter on June 1, 2007, according to which the plot of land with the area of ​​0.12 ha was leased for 50 years for 2.000 AMD rent.

 

Then, shortly after signing the lease agreement, on July 20, 2007, A. Ashughyan, sub-leased the 0.02 ha part of the same plot of land to the telecommunications company for an annual rent of AMD 1.020.000 to his wife until March 2020. During this period the family received a profit of 12.489.500 AMD. The community was deprived of the opportunity to receive particularly large amounts of income for the use of the property it owns and to use the land for its intended and operational purpose.

 

For the above-mentioned commitment, A. Ashughyan was charged under Article 308, Part 2 of the former Criminal Code of the Republic of Armenia, and a undertaking not to leaving was imposed on him.

 

The criminal case on the head of the community with the indictment was sent to the Court of First Instance of General Jurisdiction of Lori Region, RA.

 

During the preliminary investigation, A. Ashughyan fully restored the damage caused to the community.

 

According to the judgment made on July 14, 2022, the latter was found guilty for committing the acts he was accused for and was sentenced to 3 years imprisonment, being deprived of the right to hold positions in local self-government bodies and subdivisions for a period of 3 years.

 

However, taking into account the defendant's age, health problems, as well as the fact that he restored the damage caused to the community, the punishment in the form of imprisonment was not applied to him according to Article 84 of the new Criminal Code of the Republic of Armenia.

 

In the result the petition submitted by the Prosecutor's Office, the lease agreement was solved and a new lease agreement was signed between the municipality and the telecommunications operator company, the violated rights of the municipality were recovered.