The trial in the case of the former Chairman of the Urban Planning Committee, Vahagn Vermishyan, has started in the Court of Appeal. The Court will examine the appeal against the final judicial act of the Court of First Instance collegially with the composition of 3 judges. Karen Amiryan was appointed chairman; Mesrop Makyan and Armen Hovhannisyan are members.

According to Iravaban.net, Vahagn Vermishyan was charged with 7 episodes, one of which refers to abuse of official authority.

According to the indictment, in the period between September 2019 and 5 February, 2020, he abused his official authority on two occasions, using his official position against the interests of the service.

It is noted that as a result of having a more effective involvement in the management activity of the “Moss Group” LLC, which is engaged in entrepreneurial activity and performs architectural and design works, and which was founded on 16 ay 2019, by Natalya Chernikova, who is in close relations with Vermishyan, having an intention to get material benefits, signed an employment contract for a certain period with the Director of “Moss Group” LLC, according to which the latter was hired at the RA Urban Planning Committee as an Advisor to the Head of the Department of International Cooperation and Investment Programs with a salary of 314 thousand 165 drams per month.

It is also noted that in the period between September 2019 and 5 February, 2020, Chernikova received a salary in the total amount of 1 million 478 thousand 483 drams from the state funds and payments equal to it, which was not justified, actually not performing the works arising from the operational duties of the committee, which caused significant damage to the legal interests of the state.

Vermishyan told the Court that he had known Chernikova since 2016 from the city Oryol, Russia. He was her thesis supervisor and became close to her since then. Vermishyan returned to Yerevan in 2017. Natalya Chernikova moved to Yerevan in 2018 as well for the purpose of permanent residence.

According to Vermishyan, in July 2019, after his appointment to the position of the Chairman of the Urban Planning Committee, Natalya Chernikova was hired as an advisor to the Head of the Department. The latter founded “Moss Group” LLC in the RA and wanted to carry out various activities, including designing projects.

Chernikova did design work mostly from home or in the space she rented. It was from her that Vermishyan learned about the order for drawing up a draft sketch project received by Bagrat Khachatryan, with whom she signed a contract.

Vermishyan also informed that Bagrat Khachatryan does not transfer the money, for which he called the latter and inquired about the reasons. Khachatryan replied that he has no tendency to not paying money and expressed his desire to get acquainted with Vermishyan personally. He met Bagrat Khachatryan, who told that he wants to build an apartment building, the design work of which is performed by Natalya Chernikova. Khachatryan was unaware of the correct and competent wording of urban planning documents, so he called Khachatur Ghaltaghchyan lawyer in urban planning and instructed to provide professional adviceto Bagrat Khachatryan and help him in the process of drafting documents in accordance with urban planning norms.

According to Vermishyan, he met and discussed similar issues once or twice a month with various citizens, which was also attended by deputies, department heads and other employees. He was not aware of the price of the contract signed with Bagrat Khachatryan.

According to the Posecutor’s Office, Vahagn Vermishyan, personally participating in the management of “Moss Group” LLC, provided advice, instructions, information and funds by another person, in order to increase the reputation of the company engaged in entrepreneurial activity, using the fact of patronage of the Chairman of the Urban Planning Committee, which he had over other organizations engaged in the same activities, resulting from opportunities and advantages, personally and through the employees under his authority, he ensured that the latter organized and participated in professional discussions with the officials of the Yerevan Municipality, making the views and professional opinions put forward by “Moss Group” LLC acceptable to them.

According to the Prosecution, Vahagn Vermishyan, having decided to provide privileges and advantages to the organization carrying out entrepreneurial activity, personally supervised the process of drawing up construction projects initiated by Bagrat Khachatryan, who was the client of “Moss Group” LLC.

“On the other hand, the amount of money received as income as a result of business activity, the 25 million 100 drams, as the amount to be paid for the rendered services, was previously discussed and decided by mutual agreement by another person and Vahagn Vermishyan,” the indictment states.

According to the Prosecution, Vermishyan abused his official authority, caused property damage of around 1.5 million drams to the state, as well as defamed the authority of the state body, disrupted the normal functioning of the Urban Planning Committee.

He had no connection with “Moss Group” LLC, even more with its management, he had not provided any patronage or advantage, had not advised any developer to contact Natalya Chernikova to carry out design work.

Vermishyan’s attorney, Alexander Kochubaev, also claims that his client did not engage in entrepreneurial activities. “He could have done it, but he didn’t.”

According to the attorney, architectural activity is placed in the context of intellectual creative work.

“The description in the indictment fully falls under notion of intellectual creative work, so it is illegal to call to criminal responsibility for it. Our main message is that Vahagn Vermishyan could have engaged in such activities, but he did not. Secondly, why was the law applied in a discriminatory manner,” the lawyer says.

In addition, the Prosecution claims that Vermishyan actually managed “Moss Group” LLC. However, it is worth noting the fact that no demand for confiscation of property of illicit origin was submitted regarding this Company.

“The Company is not mentioned in the lawsuit, since our colleagues from the Prosecutor’s Office understand that this cannot be. If something is illegal, there must be no logic in it. It is legal so that illegality is illogical. This is the most absurd accusation. Drawing a design of the building on paper cannot be interpreted as an entrepreneurial activity,” Alexander Kochubaev says.

In addition, the attorny notes that both before as well as nowadays there are officials who perform other work besides their duties, but they are not punished for it.

It should be noted that the Court of the First Instance found Vahagn Vermishyan guilty of this episode as well and sentenced him to a total of 8 years in prison.

Vahagn Vermishyan pleads not guilty to all the charges and demands an acquittal.