
The pre-trial detention of the head of the Primorsky territorial department of the Rosrybolovstvo of Rear Admiral retired Alexander Ivankova has been extended. As already said, “New”, he was arrested on February 15, 2013 on charges of exceeding official powers (part 3 of article 286 of the Criminal Code of the Russian Federation).
Well, of course, the fishing business is the thieves' business, the penetrating reader will think and, perhaps, will be right in its own way. However, in this case, not everything is so simple - especially considering the attention that is cooked in the Far East in the Far East. And the biography of Ivankova is also well known here. As you know, that within the framework of the investigation, several so bizarre legal innovations have already arisen that they surprise specialists both in the field of law and in the field of fishing.
The date of the arrest - February 15 - exactly coincides with the attack of the Investigative Committee of the Russian Federation on the head of the Federal Reservoir Andrei extreme. That audit has long been completed, all charges have been removed, but Ivankova still require appropriate testimony. At the same time, not only the set of charges itself is surprising, but also the fact that the investigation stubbornly considers the necessary preventive measure not house arrest, but the content of the detention. As a result of the last extension of the chosen preventive measure, Ivankov will be in custody for at least 8 months (until October 13). Meanwhile, the Criminal Procedure Code of the Russian Federation allows you to maintain more than 6 months of only those who are accused of committing serious violent crimes-robbery, murder, etc.
That is why the “Ivankova case” is perceived in Vladivostok, in business circles associated with fishing, as a mechanism for redistribution of the bioresource market, and not as an attempt by justice authorities to give a legal assessment of the activities of the Primorsky Tero-Bolovanism.
-Thanks to the amendments introduced in recent years, a rather stable law enforcement practice has been lined up in the criminal procedure legislation, when a preventive measure in the form of house arrest is elected in relation to persons accused of committing serious official or economic crimes, which, like imprisonment, is associated with isolation from society, and that is why the deadline for house arrest is calculated in the form of deprivation of liberty,---- The lawyer Jacob Shein is thinking. - Here, of course, you can recall the sensational work of the Obornservice, according to which people accused of billions of embezzlement are under house arrest. There are examples with us, in Primorye. For example, now the case is being investigated in relation to two high -ranking employees of the Far Eastern operational customs, who are accused of applying violence against the detainee; Their actions, like the actions of Ivankov, are qualified by the investigation under the same article of the Criminal Code of the Russian Federation. However, both of them are under house arrest, despite the fact that they are accused of committing a serious violent crime. Against this background, the “Ivankova case” seems to be a clear exception to the current practice.
The main complaint against Ivankov, speaking in the non -legal language, is that he was dumb (and forced to bother his subordinates) during the holding of auctions for the sale of quotas for crawling crab. Some companies allowed, others did not allow; Although he was guided at the same time, according to lawyers in the current regulatory framework. One of the “offended” companies, Vostok Japan, even turned to the regional arbitration with a lawsuit, but the court definitely decided that the refusal to admit the applicant to participate in the auction was completely legal.
Lawyers also pay attention to the fact that the charge is largely built on the tolerances. That is, if all the same East Japan was allowed to auction and won, then he would be ready to pay 45 million more than the winning company for a lot. But in this phrase there would be too much "would." The wording of such an accusation is the innovation in criminal law, when the suspect is not guilty of the consequences that actually came from his actions, but those that theoretically could come (and they might not have come). This means that when determining the size of the damage caused, the investigation operates with the results of an an auction, but that that was not there.
Similar fantasies are not the only oddity of the “case of Ivankov”. The accusation of exceeding official powers for the decision adopted by the collegial body looks absurd. After all, no matter what the head of Alexander Ivankov was, but during the auction, all decisions were made collegially, and the auction commission included not only the subordinates of Ivankov, but also the official representatives of the administration of the Primorsky Territory and the territorial administration of the Federal Antimonopoly Service (UFAS).
There is no answer to the key in this situation: what exactly prompted the security forces to initiate criminal proceedings, arrest and maintenance of a respected officer in the cell, what became a catalyst? The question is not idle, because in the overwhelming majority of cases when doubts about the purity of certain auctions creep in, the facilities of the FAS are in the role of the chief controller. It is they who act as plaintors in arbitration courts, protesting the unlawful, in their opinion, the results of auctions or competitions. However, in this case, the prosecutor’s office took this role.
Even the territorial administration of the FSB shows an enviable activity in the Ivankov case. So, at the last court hearing, where the issue of extending the content of the admiral of the detention was considered, a report of the senior operative for the Department of Internal Affairs of 3/1 SB of the Federal Security Service of Russia for the Primorsky Territory of Lieutenant Colonel S.A. Sedlovsky that “... during the operational-search and investigative measures in the criminal case No. 784612, information was received about the intentions of the head of TU Tu Rosrybolovism by Ivankova A.E., which is currently being detention in the SIZO-1 (Vladivostok), in the event of a change in the preventive measure, not related to deprivation of liberty, to go beyond the borders of the Russian Federation in order to avoid further Russian Federation criminal prosecution by law enforcement agencies. "
“One must not know either Ivankov, or his family in order to compose this,” says Shainin lawyer. -The fact is that his wife, Olga Ivanovna, is a disabled person of the 1st group, needs constant support. In the last court, when Ivankov heard that he, it turns out, was going to flee, he grinned bitterly: “I am not interested in the imagination of the investigation. But I lived with my wife for more than 30 years, and does anyone really think that in the current situation I can quit her?! ”
Another detail characterizing Rear Admiral in retired Alexander Ivankova. He has no cottage, lives in an ordinary 3-room apartment. When the investigators came to his house with a search, the only thing that were able to describe as more or less valuable is a collection of coins, which was estimated at 300 thousand rubles ...
Third centuries ago, when Lieutenant Ivankov, having graduated from the Naval School, received his first shoulder straps and dagger, he was unlikely to guess that he would rose to Rear Admiral. Well, he never dreamed of a prison in terrible dreams. Nevertheless, he has something to be proud of: behind the shoulders of the marine border guard Alexander Ivankov, more than 3 thousand (!) Drawings with the inspection group for various vessels and almost $ 2 million of fines issued for various violations.
But all this was in another country.
German Zverev, Chairman of the RSPP Commission on Fisheries and Aquaculture:
- The preventive measure that was chosen for the male sailor Ivankov, leads to a dumb. Of course, the court will understand the intricacies of the criminal case, but is it really necessary to keep an honored officer in prison for the triumph of justice? Without this, justice cannot triumph?
Fazil Aliyev, Chairman of the Board of Directors of the Rimsko shipping company:
There were situations when we came across Ivankov in court as a representative of the border room; It has always been a correct and respectful exchange of arguments and arguments. Then life ordered that, having removed the epaulets, he worked for three years in our company at one of the leading positions. I can vouch for Ivankov as a person of crystal honesty and decency.
When the number was closed
The fifth Arbitration Court of Appeal in Primorye on Tuesday left the decision of the trial court, according to which the distribution of quotas at auctions for crab crab in the Primorye subzone was recognized as legal, the press secretary of the court Marina Kratancyuk said. According to her, the OFAS representatives insisted that the auction documentation was prepared in such a way that only certain companies were able to take part in the auction.
Earlier it was reported that after two criminal cases under the article “Excess of officials”, which provides for four years of imprisonment of liberty, were initiated by the head of the regional Office of the Rosrybolkov’s regional department of Rosrybolov’s Rosrybolov.
(According to RIA Novosti and Interfax agency)