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The territory of the "Student" park alienated contradicting the legal norms: proceedings have been initiated

10/04/2023

In the Prosecutor's Office of the Yerevan city the cadastral case in relation to the real estate ("Yance" music club and restaurant), located at 76 Teryan Street in Yerevan was examined in order to bring an action with regard to protection of state interests.

 

It was found that a plot of land with an area of 1248.0 square meters adjacent to the “Student” park, located at Teryan 76, had been allocated to "Armen" LLC by the decision of the Mayor of Yerevan, dated 14 January 2003. A land lease agreement in parks and gardens was signed on 10 March 2023.

 

According to the decision of the Yerevan Mayor, dated 3 September 2015, the land plot with the area of 626.22 square meters from the 1248.0 square meter land provided to "Armen" LLC at the mentioned address was alienated to the same company through direct sale for 24 million 422 thousand 580 AMD.

 

The relevant officials of the Yerevan Municipality having the obligations to implement and ensure the mandatory requirements of zoning plan for urban development and the land use scheme, to organize urban development activities within the administrative boundaries of the community with the above-mentioned two urban planning program documents, have apparently violated the requirements of the Article 60 of the Land Code (Lands not transferred to citizens and legal persons under the right of ownership), the Article 14.1, Parts 17 and 31 of |Article 14.3 of the Law on “Urban Development”, the Government Decesion “On approving the action plan for the implementation of the general layout of  Yerevan” dated 7 September 2006, the Governments Decision on “Transferring the lands falling under the ownership of the State and situated within the administrative boundaries Yerevan administrative district to the communities under the gratuitous right of ownership” dated 24 december 2009 and the Decesion of the Yerevan Mayor dated 28 November 2007.

 

In addition to the above, based on personal and group interests and through inserting false information into the official documentation, the 626.22 square meter land plot which had been transferred to the community under the gratuitous right of ownership by the Government, was alienated to “Armen” LLC from the territory of the “Student” Park, which is not subject to privatization and is considered community property. All this have been done contrary to the norms of objective and operational significance of plots with zoning, causing significant damage to the legal interests of the state.

 

Taking into account the above mentioned, a report on an alleged crime was submitted to the Anti-Corruption Committee by the Deputy Proscutor General on 3 April 2023.

 

On 10 April 2023, a criminal proceeding has been initiated in the Anti-Corruption Committee under the Article 308 and Part 1 of the Article 314 of the Criminal Code adopted on 18.04.2003, corresponding to the Parts 1 of the Articles 441 (Abuse of powers or the influence caused by them by an official օռ exceeding the authority) and 445 (official forgery) of the current Criminal Code.

 

Notice:  Every person 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.