NSS reports
As a result of complex operative-search measures taken by the relevant units of the National Security Service of RA, sufficient factual data were obtained on the commission by the former governor of the Aragatsotn province of RA, his brother, a former deputy of the National Assembly of RA of the Republican Party of Armenia, and the former head of the Kaqavadzor community, of obvious abuses, as well as embezzlement of state funds on an especially large scale, committed by prior conspiracy through fraud.
In particular, in accordance with the Decree of the RA President dated May 6, 1997 N NH-728 "On public administration in the provinces of RA", being appointed as the Governor of the Aragatsotn province of RA by the Decree of the RA Government dated May 29, 2009 N 573-A and being a representative of the executive power, being authorized to ensure the implementation of decrees, orders of the President, laws, resolutions of the Government and decisions of the RA Prime Minister, as well as other normative legal acts, as well as to exercise control over land management, land use and land protection in the territory of the province in the manner prescribed by law, to prevent, suppress and eliminate illegal land use, being an official permanently performing the functions of a representative of the authorities, being ex officio aware of the program for the implementation of the construction of the North-South corridor, which will also pass along the interstate highway M-1 Yerevan-Gyumri-border with Georgia, including through the administrative territory of the community Kaqavadzor of Aragatsotn province, ignoring the requirements of the Government Resolution of August 6, 2009 N 968-A, namely: "For the purpose of implementing the construction of the North-South corridor, instruct the relevant RA governors and propose the community leaders to suspend the process of implementing the construction and land allocation in the protective zones of roads and alienation sections of the interstate highway M-1 Yerevan-Gyumri-border with Georgia", by prior agreement with S.M., who at that time held the position of the head of the Kaqavadzor community in the local self-government bodies, and his brother N. S., with the aim of deceiving by changing the intended purpose of the land plot with the aim of artificially increasing its cadastral value and the subsequent sale of the same land plot to the state at a significantly higher price, distorting the type of functional purpose of the agricultural land plot of 7800 m2, acquired back in 2005 by N. S. from the Kaqavadzor community at an auction-sale for 35.200 AMD, with the purpose of selling the mentioned land plot at incomparably high prices, “Organization Implementing the Investment Program of the North-South Transport Corridor” SNCO, acting on behalf of RA, with his knowledge and patronage, allowed his brother, former deputy of the RA National Assembly N.S., after August 6, 2009, to carry out illegal construction work, to build unauthorized agricultural buildings on the mentioned plot, and then, by influencing the head of the community ex officio, prompted the latter to abuse his official powers, in particular, to violate the requirements of the RA Government Resolution dated May 18, 2006 N 912-N “On Approval of the Procedure for the Legalization and Alienation of Unauthorized Buildings” without a duly drawn up architectural and planning assignment project, an agreed situation plan, and by the corresponding decision of January 22, 2010 to recognize as legal the unauthorized buildings with an area of 683.8 m2, change the intended purpose of a land plot with an area of 0.78 ha, recognized as a legal public building, and turn it into a public building, and also include in the resolution false information that the unauthorized buildings were not built in the safety zones of alienation of engineering and transport facilities, which served as the basis for state registration.
Then, S.S., continuing to implement his criminal intent, included the land plot belonging to his brother on the right of common ownership in the list of territories subject to alienation, in accordance with the Resolution of the RA Government N 931-N dated May 27, 2010 "On recognition of exclusive, prevailing public interests in some territories located within the administrative borders of RA, within the framework of the North-South Corridor investment program", creating a real opportunity to implement his intention to sell it for an amount significantly exceeding the acquired value and, thus, by fraudulently embezzle sums in especially large amounts allocated from state funds, taking advantage of this, N.S. on December 3, 2013, entered into an agreement with "Organization Implementing the North-South Transport Corridor Investment Program" SNCO on alienation of property for the needs of society and the state, as a result of which the land plot, purchased at an auction and sale for 35.200 AMD, was sold for 139.923.733 AMD, thus, fraudulently stealing an especially large amount – 139.888.533 AMD.
As a result of the above actions of the officials and employees of the municipality, not only was the normal activity of state bodies and local government bodies disrupted, but also the requirements of the Government Resolution were not met, these processes were carried out with gross violations of the requirements of the RA Legislation, which entailed grave consequences for the state, namely: the legitimate interests of the state were caused property damage in the amount of an especially large amount, exceeding 139.888.533 AMD, compared to the cadastral value.
For the criminal acts committed, S.S. and N.S. were charged under the relevant articles of the RA Criminal Code, and petitions were submitted to the court of general jurisdiction of Yerevan city to apply a measure of restraint in the form of detention. In the same case, the head of the Kaqavadzor community was also interrogated on suspicion of abuse of office and aiding in large-scale fraud, and he gave confessional statements.
As a result of urgent investigative actions taken during the search conducted in N.S.'s apartment, numerous certificates of registration of property rights were discovered and seized. Using permissible criminal procedural tools, active measures are being taken to establish the full circle of persons involved in the criminal scheme, individualize the actions of each of them, and fully compensate for the damage caused to the state.
Note: the suspect or accused of an alleged crime is considered innocent as long as his guilt is not proven in a manner prescribed by the Code of Criminal Procedure of RA - by the court decision entered into legal force.
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