Former Astghadzor Community Leader's Negligence Causes 10 Million Dram Damage

The preliminary investigation of the criminal case examined by the Gegharkunik Regional Investigation Department of the RA Investigative Committee has revealed that a competent official of the Astghadzor municipality in the Gegharkunik region, using their official position contrary to the interests of the service, caused property damage amounting to 10,049,760 Armenian drams to the legal interests of the former Astghadzor community (currently part of the Martuni consolidated community) by negligently bringing about severe consequences.

Specifically, the investigation established that in February 2008, a real estate lease agreement was signed between a person authorized by the Astghadzor community leader and a citizen, granting the latter 0.1 hectares of agricultural land in the "Top Dar" area located in the municipality’s administrative territory for a period of 25 years at an annual rent of 2,520 drams.

Just two months later, the lessee subleased 200 square meters of the aforementioned land for monthly rent of 70,000 drams (840,000 drams annually) to a telecommunications company which installed a communication infrastructure object (a base station) on that land without changing its designated purpose. From October 2008 to November 2021, the individual who held the office of community leader was aware of these activities, including the subleasing of the land, and the violation of land legislation requirements, and the use of the land for the operation of a communication infrastructure object without a change in the plot’s designated use. However, despite the presence of appropriate grounds, the community leader failed to terminate the lease agreement and did not take measures to restore the violated rights of the community or ensure compliance with legislative requirements.

As a result, substantial damage was caused to the rights and legal interests of the Astghadzor community, depriving the community of the opportunity to benefit from this financial source to the extent of more than 10 million drams. Based on sufficient evidence obtained, the community leader has been charged under Part 2 of Article 315 of the RA Criminal Code, adopted on April 18, 2003 (which corresponds to Part 2 of Article 446 of the current RA Criminal Code).

The investigation has been completed, and the materials of the case have been sent to the prosecutor's office with a request to confirm the accusatory conclusion and submit it to the court. The investigative body and the supervising prosecutor have taken relevant measures to ensure the compensation of the property damage caused to the community through the application of restrictions on the defendant's property.

The Martuni consolidated community, which also includes the Astghadzor settlement, has taken steps to terminate the lease agreement and restore the violated rights of the community.