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    19.02.25, 12:52

    Former Head of Gyumri Community, with the Help of a Group of People, Allienated Lands Surrounding “Black Fortress” not Subject to Privatization

    Former Head of Gyumri Community, with the Help of a Group of People, Allienated Lands Surrounding “Black Fortress” not Subject to Privatization

    After acquiring the building of “Black Fortress” fortress and 0.79 hectares of land, the former head of Gyumri community set out to make the state-owned surrounding areas of the fortress his family’s property.

    The former head of the community separated the land of 20.28 hectares into two separate units and gave 2 new addresses - 2/7, Kars Highway with a surface of 19.28 hectares, and 2/8, Kars Highway with a surface of 1 hectare. The right of gratuitous use of the Ministry of Defense has registered to them, and certificates of right were issued, in which the purpose of these lands was indicated as settlements, functional significance as public construction, whereas 4 hectares of the land included in them was land of specially protected area.

    On February 9, 2015 1 hectare land of specially protected area, of historical and cultural value was illegally allinenated for 13 million AMD by the Ministry of Defense to S.J., the employee of a company owned by the son of the former head of the community and the head of another company’s executive body.

    Then, based on the fake certificate issued by the former head of the community, the ownership right of a person related to him was registered to the mentioned property, through which significant damage was caused to the legal interests of the state, causing grave consequences by negligence. Moreover, construction work was subsequently carried out on the land of specially protected area, which had been illegally separated and alienated. As a result, the land of specially protected areas actually ceased to exist, and the state was deprived of the opportunity to possess it.

    The son of the former head of Gyumri community, with prior agreement with a group of people, in order to conceal and distort the true nature of 1 hectare of land, its source, as well as to legitimize the aforementioned property, signed a land purchase and sale agreement with S.J., indicating the real estate alienation price at 4 million 900 thousand AMD.

    The real estate acquired in a criminal way was transferred by S.J. to the community head’s son. As a result, the latter’s ownership right was registered and a certificate of state registration of rights was issued.

    Besides, the former head of Gyumri community had set a goal to make a portion of the land adjacent to the “Black Fortress” his family's property.

    As a result, the right of the Ministry of Defense to gratuitous use of the land located at 2/7, Kars Highway was terminated, it was taken back from the ministry, and the ownership of Gyumri community was registered for the 19.28 hectares of land located at the specified address.

    Then, the community's former head divided the mentioned area into four units, and the land of 1,17236 hectares of specially protected area located at 2/9, Kars Highway, alienated through a formal auction, for 15 million 387 thousand 750 AMD, to S.M.. After, the son of the former head of the community, with prior agreement with his father and S.M., in order to conceal the real nature of the mentioned land, signed a land purchase and sale agreement with S.M., indicating the real estate alienation price at 16 million AMD.

    Public criminal prosecution was initiated against the son of the former head of the community (2 counts, S.J. and S.M. according to the Point 3 of the Part 3 of the Article 296 of RA Criminal Code, against the former deputy head of the community according to the Part 1 of the Article 445 and the Point 5 of the Part 2 of the Article 46-441 of RA Criminal Code.  

    Home detention was applied as a pretrial measure against the son of the former head of the community and S.J., administrative supervision was applied against S.M., and an absence ban was applied against the former deputy head of the community.

    Criminal proceeding on their part, with the bill of indictment, was sent to the prosecutor for approval and referral to court.

    Public criminal prosecution was initiated against the former head of Gyumri community according to the Point 5 of the Part 2 of the Article 441 (2 counts) and the Point 3 of the Part 3 of the Article 296 of RA Criminal Code (2 counts).

    Detention was selected as a pretrial measure against him and search was declared.

    Note; Everyone charged with alleged crime offence shall be presumed innocent until proved guilty according to law.