Preliminary Investigation on the Part of Former Mayor of Yerevan Ye. Zakharyan and two Persons Separated from Criminal Proceeding on Abuse of Official Position, Squandering Property in Particularly Large Amount Completed
Preliminary investigation of the part on three persons separated from the criminal proceeding on abuses committed by the former Mayor of Yerevan, the former head of the Architecture and Urban Planning Department of the Municipality's Staff was completed in the General Department of Investigation of Particularly Important Cases of the RA Investigative Committee.
In the result of large-scale investigative and procedural actions conducted within the criminal proceeding, it was found out and grounded that Ye. Zakharyan, holding the position of the Mayor of Yerevan between 2003 and 2009, exceeded official authorities which negligently caused grave consequences, he also swindled state property in particularly large amount entrusted to him by the RA Land Code and the RA Law “On Local Self-Government” by using his official position.
Particularly, the former head of Arabkir community of Yerevan H.Sh. having intention, with the support of his godson A.Ye., to illegally obtain and legalize the land with a surface of 1500 s/m from the area of “Arabkir” park included in the list of the lands envisaged by the Article 60 of the RA Land Code, as well as the building with a total surface of 89.5 s/m built on it, arranged with A. Ye. to remove the specified property from the property fund of the municipality in an obvious criminal way and actually involve it in his property fund, but legally in A.Ye.’s property fund by formally registering the ownership right of the property to be acquired in the name of A.Ye., in order to hide the real affiliation, the criminal source of the property.
In order to realize the mentioned criminal intention, in 2007 the former head of Arabkir community applied in a letter to Yerevan Mayor Ye. Zakharyan telling that there was an area with the surface of about 1500 s/m in “Arabkir” park which was advisable to use for the construction of a multi-purpose building and asking to remove the mentioned area from the master plan of the park, to terminate the land use right against it and to submit to the tender committee for the purpose of construction. Besides, the former head of the community again applied to the Mayor of Yerevan in a different letter asking to assign the relevant service to amend the Mayor’s decision dated June 12, 2003 after separating the area of 1500 s/m from the area occupied by “Arabkir” park as a separate property unit and leave the remaining 2.82 hectares of land with the right of free permanent use to the "Arabkir District Community Head's Staff" community administrative institution.
Taking into account the relevant writs on the mentioned issues given by the Chief Architect of Yerevan, by the decision of Mayor Ye. Zakharyan, dated April 3, 2007, the land use right of Arabkir community hall was terminated against the land of 0.15 hectares from the land of 2.97 hectares occupied by “Arabkir” park at the end of Papazyan Street, Yerevan and a relevant amendment was made in Mayor’s decision dated June 12, 2003.
Then the former head of the Architecture and Urban Planning Department of the Municipality's Staff A.L, using his official position against service interests, on April 25, 2007 signed and gave a professional conclusion subject to official circulation in which he involved obviously false information that the stone building-café located at the end of Papazyan Street, at the area of “Arabkir” park had been arbitrarily built by the godson of the head of Arabkir community (whereas the building was built back in Soviet times and the latter actually was not related to it in any way), the mentioned building corresponded to the legalization conditions envisaged by the Part 5 of the Article 188 of RA Civil Code and the land of 1500 s/m intended for settlements was not included in the restrictions envisaged by the Article 60 of the RA Land Code, was subject to expropriation, thus he proposed to recognize the ownership right of the state to the building with the possibility of later legalization and expropriation to the developer.
On July 30, 2007 Yerevan Mayor Ye. Zakharyan, taking the mentioned conclusion into consideration, made a decision pursuant to which the building built arbitrarily on the mentioned land of 1500 s/m (café) was recognized as a state property. Then again based on the mentioned conclusion, the latter willfully obviously exceeding his official authorities, on September 28, 2007 made a decision pursuant to which the arbitrary building was found legal which expropriated to the godson of the head of Arabkir community at cadastral value of 3,302,550 AMD and the land of 1500 s/m separated for the mentioned building at 16.065.000 AMD (whereas, as of that day, the market value of the mentioned land and building was 142.000.000.AMD) thus using his official position he squandered state property of 3.302.550 AMD which negligently caused grave consequences.
Later, in order to legalize without obstacles the land of 1500 s/m and the building with total surface of 89.5 s/m built on it, which were obtained through criminal means and formally registered in his name, but actually owned by H.Sh, on April 8, 2008, under the sales contract, A.Ye. expropriated the mentioned property to another person. On the same day, under the sales contract, the mentioned person's ownership right to the mentioned property was registered. Moreover, in order not to reflect the real income from the disposal of the property the sale price was misrepresented in the real estate sales contract and 184․200․000 AMD was mentioned as the value of the sold property. However, 269,100,000 AMD, equivalent to 750,000 USD, was actually paid for the transaction, according to mutual agreement, which was transferred to the former head of Arabkir community by A.Ye.
On the base of the obtained sufficient evidence charge was pressed against the former Mayor of Yerevan Ye. Zakharyan according to the Point 3 of the Part 2 of the Article 256 and the Points 2 and 5 of the Part 2 of the Article 441 of RA Criminal Code. Charge was pressed against the former head of the Architecture and Urban Planning Department of the Municipality's Staff according to the Point 5 of the Part 2 of the Article 441 and the Part 1 of the Article 445 of RA Criminal Code and against A.Ye .- according to the Point 3 of the Part 3 of the Article 46-296 of RA Criminal Code. Absence ban was chosen as a pretrial measure against them.
The part on the mentioned three defendants was separated as a separate proceeding, preliminary investigation was completed, the materials of the criminal proceeding, with the bill of indictment, were sent to the prosecutor for approval and referral to court.
Note; Everyone charged with alleged crime offence shall be presumed innocent until proved guilty according to law.