As a Result of Abuse of Official Position and Official Forgery Committed by Officials Pecuniary Damage of about 80 Mln AMD Caused to State; Charge Pressed against Previous Officials of the Environmental Protection and Mining Inspection Body
Through preliminary investigation conducted in the Third Investigative Division of Kentron and Nork-Marash administrative districts of Yerevan Investigative Department of the RA Investigative Committee, data were obtained on the allegation that on October 24, 2019 the Environmental Protection and Mining Inspection Body was involved in complex tax audit conducted in LLC engaged in mining, during which a professional conclusion was made by the employees of the mentioned body and was submitted to the RA State Revenue Committee, as prescribed by law, on extraction of 40,972.5 m3 of basalt minerals by the LLC outside the area provided with the permit.
Then the person holding a high-ranking position in the RA Environmental Protection and Mining Inspection Body and the head of one of the structural and functional subdivisions, being officials, out of personal interest, intended to forge official documents in order to conceal the offence committed by the Company.
Particularly, the head of the subdivision, in order to realize his criminal intention, with the knowledge and permission of his supervisor, abusing official authorities, namely, in the absence of environmental control, in March, 2020 made a writ addressed to the President of the RA SRC on behalf of a person holding a high-ranking position in the RA Environmental Protection and Mining Inspection Body entering false information in it, as if as a result of additional inspection it was found out that 40972.5 m3 of basalt minerals, about which it was mentioned in the conclusion that it had been extracted outside the area, could have been filled in the area provided to the LLC due to collapses caused by tectonic processes. Then he submitted the mentioned writ to the high-ranking official in the inspection body who, in his turn, using official position against the service interests, signed and referred it to the RA SRC.
The head of the subdivision, going on with the abuse of official authorities, in response to the written questions of the Chairman of the RA SRC to express a position on 40972.5 m3 of basalt minerals extracted from the mentioned area provided with permit, violation of the requirements of the RA Law «On Subsoil» with it, in the absence of any kind of environmental control, in March, 2020 made another writ addressed to the Chairman of the RA SRC, on behalf of the person holding a high-ranking position in the RA Environmental Protection and Mining Inspection Body, again involving false information on the allegation that within the framework of inspection conducted in the LLC no fact of land use was recorded, therefore, there was no violation of the law.
The mentioned writ was submitted to the person holding a high-ranking position in the RA Environmental Protection and Mining Inspection Body to be signed. The latter signed it and referred to the RA SRC.
On the base of the mentioned writ, through inspection conducted in the LLC violations were not recorded by the RA SRC, zero act was drawn up. Based on it, no legal action was taken for the offense committed by the Company, equivalent natural usage fees had not been calculated for extracted minerals. As a result, pecuniary damage in particularly large amount - 79.891.700 AMD, was caused to the state.
On the base of the obtained sufficient facts charge was pressed against the mentioned two officials according to the Part 2 of the Article 308 and the Part 1 of the Article 314 of RA previous Criminal Code (corresponds to the Point 2 of the Part 2 of the Article 441 and the Part 1 of the Article 445 of RA current Criminal Code). Absence ban was used as a pretrial measure against them.
Preliminary investigation was completed, and the materials of the proceeding with the bill of indictment were sent to court.