Within the framework of the function of initiating a lawsuit for the protection of state interests, the cadastral files of two plots of land located at 22 Yeghvardi highway and 64 Anastas Mikoyan street in Davtashen district were studied in the Prosecutor’s Office of the city of Yerevan.

The Prosecutor General’s Office reported.

The study revealed that they were a single unit. On 17 January, 2003, the 6.06 ha garden located in front of the 4th district of Davtashen was auctioned in order to rent it, in which E.G. was declared the winner. Then, according to the decision of the Mayor of Yerevan on 3 February, 2003, the same plot of land was leased for a period of 25 years with an annual rent of 20 thousand 90 AMD for the purpose of organizing an entertainment and recreation area. At the same time, the starting price of the auction for the right to purchase the lease of the plot of land was set at AMD 60,600, which the applicant paid to the account of the Municipality. As a result of the competition, responsibilities were set for the winner, including making an investment of 300 million AMD in the given area, completing the construction before 2006, and paying a one-time rent for three months. One month after the conclusion of the transaction, however, without the mandatory fulfillment of the above obligations and the conditions of the signed lease agreement, the territory of the garden was alienated to E.G. on 28 March, 2003. On 4 April, an agreement on the direct sale of the garden was signed between the Municipality and EG, by which the plot of land with an area of ​​6.06 ha was sold to E.G. for 20 million 883 thousand 972 AMD: the purpose of use is defined as the construction of the entertainment and recreation area.

On 2 March, 2004, a land lease agreement was signed between the authorized person of E.G. and “Sunny Land Joint Venture” Co.Ltd (35% share belonged to the same E.G.), by which the area was provided to the mentioned company in order to create an entertainment and recreation zone, and on 2 May, 2006, the parties signed an agreement to terminate the lease agreement. Further, based on the application of E.G., the property was divided into 3.5023 ha and 2.5577 ha land plots. After that, On 15 May, 2006, E.G. granted the use of 3.0523 ha of land free of charge for a period of 20 years to “Sunny Land Joint Venture” Co.Ltd (a contract for the free use of real estate was signed).

On 4 December, 2007, a purchase and sale agreement for real estate with installment payment was signed between E.G. and “Moscow Investment Construction Company-Yerevan” Co.Ltd, according to which E.G. transferred 2.5577 ha of the land he owned, sold to the mentioned company at a much higher price than the purchased value, 697 million 727 thousand 272 AMD, and on 6 December, 2007, the relevant clause in the contract was changed and it was determined that the sale price of the real estate according to the agreement of the parties was 767 million 500 thousand AMD.

On 20 March, 2019, a real estate sale and mortgage agreement was signed between E.G. (as the seller) and “N&S Construction” LLC (as the buyer), according to which the buyer was handed over the property located at 22 Yeghvard Street plot with an area of ​​1.5023 ha and plot of 22 on Yerevan-Yeghvard highway of Davtasheni with an area of ​​2 ha. The price of the first one was 887 million 722 thousand AMD, and the second one was 1 billion 295 million 424 thousand AMD.

During the inspections carried out at the Prosecutor’s Office of Yerevan City, the relevant urban planning document valid at the time of alienation was studied. It was found that the above-mentioned plots of land were green zones of public significance (according to Article 60 of the RA Land Code, “The citizens and legal entities are forbidden to use their property rights for transferring State and community owned lands that are (…) lands of general use (Squares, streets, roads, river banks, parks, public gardens, gardens, beaches, and other public use areas) located to residential areas) (…)” .

As a result of the mentioned actions, according to the preliminary calculation, property damage in the amount of 2 billion 929 million 762 thousand 28 AMD was caused to the state.

Bearing in mind that during the study, a case of apparent abuse by employees of the Yerevan Municipality was discovered, on 3 April, 2023, the prosecutor submitted to the RA Anti-Corruption Committee a report on the apparent crime.

On 14, April 2023, the Anti-Corruption Committee initiated criminal proceedings under Article 441, Part 2, Clause 2 of the RA Criminal Code (abuse of governmental or service powers by an official or the influence resulting from them, or transfer of powers, which caused particularly large property damage).

Note: A person that is suspected or accused of an alleged crime is considered innocent until his/her guilt is proved by a court judgment that has come into legal effect pursuant to the procedure determined by RA Criminal Procedure Code.