Suspension of Community Administrative Head's Powers Granted by Prosecutor's Appeal

On September 13, 2021, the investigative department of the NSS of Armenia initiated a criminal case under Article 179, Part 3, Point 1, Article 308, Part 1, Article 314, Part 1, Article 327, Part 2, Point 2, and Article 38-327, Part 2, Point 2 of the Criminal Code of Armenia. The case involves the former head of the Agavnadzor community, M. Danielyan, regarding apparent abuses of authority.

The investigation established that M. D., the administrative head of Agavnadzor community in the enlarged Meghradzor community of Kotayk Province, during his tenure as head of the community from 2014 to 2015, misused his official position contrary to the interests of service and, in collusion with others, created fake documents. These documents were used to withdraw a total of 3,450,000 AMD from the community budget on behalf of 140 individuals registered as socially disadvantaged, without transferring the funds to those individuals, instead embezzling them for personal needs, resulting in considerable damage to the community.

Additionally, M. D., possessing organizational and administrative authority, deliberately inserted false information into official documents on July 29, September 4, and December 15, 2014, based on the data of three council members. He issued false decisions regarding the auction sale of community-owned land, modifying the income part of the community budget, and changing the amount of the head's remuneration. It was later revealed that two of the members were absent from the country on the days these decisions were made, and the third had not participated in council meetings, indicating their signatures were forged.

With a sufficiently supported combination of evidence for these actions, on October 21, 2021, M. D. was charged under Article 314, Part 1 and Article 179, Part 3, Point 1 of the Criminal Code of Armenia. A preventive measure was selected, preventing him from leaving under signature. Considering that he could obstruct the investigation while performing his official duties, on October 14, 2021, a decision was made by the investigator, with the prosecutor's consent, to suspend the powers of Mikitar Danielyan, the administrative head of Agavnadzor village in Meghradzor community. This was sent to the court of general jurisdiction of Kotayk Province for confirmation.

On October 16, 2021, the court revoked the decision to suspend M. D.'s powers, against which the supervising prosecutor filed an appeal. The Court of Appeals of Armenia has granted the prosecutor's appeal. The investigation is ongoing.