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The land parcels located on the 2nd Nar-Dos street of the Kentron Administrative district have been seized: a criminal case has been initiated on the basis of Prosecutor’s Office’s report

27/04/2023

In the Prosecutor's Office of Yerevan City, based on the investigation initiated within the framework of filing a lawsuit for the protection of state interests, it was found that the land parcels located on the 2nd Nar-Dos street of the Kentron Administrative district and the adjacent lands falling under the ownership of State and communities, had been seized by still unidentified people, and the building constructed on the railway was unauthorized.

 

The investigation was based on the information regarding land parcels occupied without authorization in the alienation zone of the "South Caucasus Railway", received from the Ministry of Territorial Administration and Infrastructure of the RA on the 24th of May, 2022.

 

On the 12nd of July, 2022, the Prosecutor's Office sent an inquiry to the staff of the Yerevan Municipality with a request to provide the information available in the Municipality regarding the alleged occupation of lands at the mentioned addresses. According to the letter received from the Municipality, the relevant employees of the Public Order Protection Service, as well as the "Town Planning" CJSC of the Yerevan Municipality did not success to enter the territory of the construction located on the 2nd Nar-Dos Street, Kentron administrative district or the territory of its adjacent building, because of the obstacles created by the representatives of Yerevan Flour-Mill, the actual user of the mentioned territory. It was impossible to conduct geodetic measurements in order to discover the legal status of the land parcels full of buildings due to the obstacles created by the said employees. It was not possible to carry out geodetic measurements even in case of the involvement of Police officers.

 

On the 9th of February, 2023, the Prosecutor's Office applied to the Cadastre Committee, requesting information on the legal status of the above-mentioned area(s) as well as the construction on the railway. According to the letter received from the Cadastre Committee this area(s) are falling under the ownership of State and communities with 2 constructions on it without the right to state registration. As for the construction on the railway, no information was found on its legal status in the electronic archive and map of the Cadastre Committee.

 

Taking into account that during the investigation initiated within the framework of filing a lawsuit for the protection of state interests, alleged factual data has been obtained that the land parcels located on the 2nd Nar-Dos street of Yerevan and the lands adjacent to it are under the ownership of State and communities, have been seized by still unidentified people and the building on the railway is unauthorized, at the same time, the relevant officials of the Yerevan Municipality and Kentron Administrative district, being responsible to stop the unauthorized occupation of lands under the ownership of State and communities, the unauthorized construction of buildings, did not take measures to stop the unauthorized actions, as well as did not apply measures of administrative responsibility provided by the legislation to the persons who occupied the land in non-authorized way, on the 21st of March, 2023, the prosecutor submitted a report on crime to the Investigative Committee.

 

On the 28th of March, 2023, a criminal case has been initiated in the Third Investigative Division of Kentron and Nork-Marash administrative districts of Yerevan of the Investigative Committee of the RA under article 447, part 1 of the Criminal Code of the RA (unauthorized occupation of land parcels falling under the ownership of State and communities, failing to take measures to stop the unauthorized construction of buildings or constructions or to hold the person responsible in accordance with the law).

 

Notice:  A person charged with any crime shall be presumed innocent until proved guilty in the manner prescribed by the RA Criminal Procedure Code—by the judgment came into legal force.