The dossier has long been collected

Lawyer Ivan Pavlov - About Spy Affairs

The FSB closed the criminal case of 49-year-old Sergei Minakov, an electrician of the Civil Tanker "Coid" of the Black Sea Fleet accused of espionage. Minakov was in the Lefortovo pre -trial detention center since January 30, 2015, his business, like the case of Svetlana Davydova, was conducted by investigator Mikhail Svinolup. Details of the case of Sergei Minakov, who lives in the Crimea, in Feodosia, are unknown even to his lawyer: FSB investigators released the electrician only after learning that his lawyer Ivan Pavlov took up his defense, who managed to terminate the criminal prosecution of a large mother from Vyazma Svetlana Davydova. The media report that in early March in Moscow, 9 people were detained on charges of Gosizmen. Ivan Pavlov shared the details of the Spy Affairs he had won, spoke about the new splash of spying in Russia and said that in the "risk group" - civilian activists, scientists and journalists:

- The case was miraculously resolved exactly after the moment we came out as defenders. On Tuesday, we called the investigators and reported our desire to enter this matter (one of the relatives of Sergei entered into an agreement with us). We received a very surprised reaction of the investigator, he said - let's take a break, I’ll call you on Wednesday, and we will plan a meeting in Lefortovo. We said: "Good." And on Wednesday, the investigator called us and said that the preventive measure was changed, and Minakov left Lefortovo. That is, he is released from custody. We had no information from Sergey, we immediately called relatives, relatives also did not know, apparently, Sergey is going to Feodosia, we still do not even know whether he had reached the house or not. But we assume that this denouement was influenced by our desire to join.

- It turns out that FSB investigators are afraid of you?

- I'm not going to stick out my last name here. Of course, I have experience in successful participation in the affairs that the state security agencies conduct. But we do not know anything about most of these cases, all these matters are practically closed. We do not know about the defendants in such cases, they simply cannot reach us, cannot tell about their business, because they are sitting in Lefortovo or other FSB investigative insulators. It’s good that there are public observation commissions, with the help of them we will find out at least something! Although they cannot be interested in the intricacies of the matter, accusations, they, at least, talk about the fact that there are such people, and this is already good.

- Here is the case of Davydova and the case of Sergei Minakov led, if I am not mistaken, the same investigator - Mikhail Svinolup. Do you think he has any plans for spies? How do these things arise?

Entire departments and management develop the defendants in these cases

- The investigator is a sufficiently formal figure in the process, the already worked out material comes to him. Such cases are initiated by the investigator on the basis of the information on the commission of the crime. Prior to this, a lot of work is underway by operational employees, entire departments and management are developing the defendants in these cases. And when it comes to the investigator, he just remains to put a signature under the document, which is called - a decree on initiating a criminal case. And it is assumed that by this time sufficient evidence has already been collected, which are necessary to initiate the legal process of preliminary investigation.

- How conscientiously do FSB collect such data in the FSB?

- Well, in the Davydova case, for example, from the very beginning it was clear that what was collected was clearly not enough. There, it was not even early to talk about state treason, there she did not spend the night! So the main plot of the prosecution was not joined with the 275th article that until the last I doubted the absence of some other evidence. It happens that at the end they pull out some trump card and say: here, look, you lost. But this never happened.

- Who initiates "spy affairs" in modern Russia?

In the 275th article of the Criminal Code, a certain political order was formulated

-There is a certain political order that is formulated in this very 275th article of the Criminal Code. In fact, state treason is not even a legal norm to the end. It has more emotional component. And its 3rd part, according to which Svetlana Vladimirovna Davydova was accused, sounds like this: "Providing assistance to a foreign entity in the conduct of activities directed against the security of the Russian Federation." Any citizen of the Russian Federation, contacting foreigners, falls under these accusations. The prerequisites for the initiation of such cases are contained in the norm itself, which, in my opinion, is vicious and harmful to the law.

- The media report that only in early March in Moscow, 9 people were detained on charges of Gosizmen, their names are given. Is it possible to talk about some new wave of spying in Russia, about its increase, strengthening?

- Similar things have always been aroused. According to statistics, in 2013 15 cases were initiated under the 275th article. What was in 2014, we will find out when the judicial department officially publishes its data. I did not investigate the situation on a global scale, and it is difficult for me to answer exactly if there is a surge. I think that there is, since there was too much information about such matters. We will see later.

- And it seems to you, if you look at today's legislation, who is at risk? Who in Russia today can theoretically become a victim of spyingomania?

The dossier on civilian activists, journalists, scientists - everything is ready, we are waiting, we are waiting for the team

-I was also always interested in this issue, especially after in 2012 they made changes to the 275th article. And there was a third form of the Stateismman - in the form of assistance to a foreign entity (I remind you, the first form is espionage, the second - stateisms). In 2013, I worked in one of the affairs, the preliminary investigation on which FSB investigators were conducted. I asked them: you don’t use this third form anywhere ... And the investigator told me: everything is ready for us, the operational employees gathered the corresponding dossiers to civilian activists, journalists, and scientists who often travel at any conferences, everything is ready, we are waiting for the team. And when I found out that this article was applied in Davydova, I realized that the team sounded. And what we managed to achieve a positive result in this matter does not yet indicate that this team is somehow withdrawn.

- What to do if you were accused of espionage, in trafficking, of helping a foreign state?

When this article was applied in the Davydova case, I realized that the team sounded

- The first thing the accused should take care of in such a case is to choose his own lawyer, and not the one who works according to the appointment of the investigator. Of course, the investigator will prevent you from this, but you must demand that you be given the opportunity to choose a lawyer. Call the name of any famous lawyer who knows you and can come, at least, to offer yourself a replacement if it considers it impossible to conduct this business. But it is impossible to use the services of lawyers proposed by the investigation - as practice shows, such protection is not effective enough. In addition, maximum publicity is necessary, and the case of Svetlana Davydova is a confirmation of this.