In the court in the case of Khodorkovsky, Lebedev and Kraynov, replicas of the parties are held

In the Meshchansky court on Friday morning, a meeting began on the united case of Khodorkovsky, Lebedev and Kraynov. Today, replicas of the parties are planned.

The lawyer Mikhail Khodorkovsky Igor Mikheev was the first to speak. He analyzed the procedural deficiencies allowed by the investigation in the initiation of a criminal case against his client.

“This case can be safely called a masterpiece of a group of companions on criminal cases,” said the lawyer. “I have never met such fantasies and short stories in reading the law.”

According to the lawyer, out of 13 cases initiated against Mikhail Khodorkovsky, only 2 were excited in compliance with the procedure established by law-under Art. 165 (malicious non -fulfillment of the court decision on the return of shares "Apatity") and under Article 285 (abuse of authority).

“And everything else - the mass of volumes is waste paper,” the defender said. “Maybe these were technical errors?” The lawyer asks. “It is possible, but if they are folded, then this is the case - one big technical error.” The lawyer joined his colleagues and asked the court to justify Mikhail Khodorkovsky for all charges.

Lawyer Igor Mikheev presented the court with payment orders confirming the transfer of all the amounts of “arrears” along with accrued fines and penalties, both in relation to Khodorkovsky and Lebedev. The court accepted these documents and turned to the side of the prosecution with the question of whether she wants to study them, referring to the question of introducing these documents to the case and the possibility of evaluating them when pronouncing the sentence and determining the fate of a civil lawsuit. After a short break, which was clearly required by the prosecutor Dmitry Shokhin to agree on his position on this issue with the opinion of his leadership, he, and after him, representatives of civilian plaintiffs announced their refusal to familiarize themselves with the documents.

From this we can conclude that they will object to their familiarization with their business and, accordingly, will not refuse to maintain a civil lawsuit for this amount, the Khodorkovsky press center reports. At the same time, even if the civil lawsuit by the court is satisfied in full, including paid amounts, at the stage of execution of the decision, these transferred funds must be taken into account, and the amount of recovery is reduced accordingly.

Recall that on the eve of lawyer Henry Padva, representing the interests of Khodorkovsky, said, turning to three judges, leading the process, that they should fully justify the former head of the company Yukol Mikhail Khodorkovsky and his business partner Platon Lebedev for all the charges, writes The New York Times (the translation publishes the site inopressa.ru ).

If Khodorkovsky and Lebedev are found guilty, they face a punishment of up to 10 years in prison.

“I stay both with faith and hope. With faith in you, dear judges, that you heard us and be able to find the grain of truth,” said Padva. “With the hope that genuine justice will be done on the day of the sentence and the guard will release both the defendants,” the lawyer said. He called Khodorkovsky and Lebedev innocent.

Lawyers argue that Khodorkovsky not only did not violate the law, and in many cases did not even relary to the events on which the prosecution relies.

Mikheev presented the court with documents confirming the transfer of money to the Federal Treasury of the Ministry of Finance of the Russian Federation for the city of Moscow for tax inspections N2 and N5 to repay the debts of Mikhail Khodorkovsky and Plato Lebedev as individuals. Recall that the management of Group Menatep transferred about $ 5 million to the tax inspectorates to pay off the amounts that tax authorities demanded as debts resulting from illegally received tax benefits.

It follows from the documents that four tranches were paid for Khodorkovsky : 1 million 905 thousand $ 593, 2 million 182 thousand $ 088, $ 54 thousand and 62 thousand 407 $ 407 for Lebedev in a similar way were transferred in a similar way: 254 thousand dollars, $ 305 thousand, 6 thousand 978 dollars and 8 thousand 326 dollars.

In this case, civilian plaintiffs from the territorial bodies had the right to withdraw their claims. However, neither the prosecutor Dmitry Shokhin, nor representatives of civilian plaintiffs even wanted to get acquainted with these documents, citing the fact that this money was not sent by the accused themselves, but third parties, have the status of an unexplained payment and can be returned back at any time .

According to the representative of the Federal Tax Service of Alexandra Nagornaya, "they (documents) have nothing to do with the civil lawsuit claimed by the tax authorities."

"The declaration was not submitted in the prescribed manner, the payment would be made by a third party and has the status of an unclear payment," said Nagornaya, noting that the money can be returned at any time to the owners at their request.

None of the participants in the process has expressed a desire to take part in the debate. Platon Lebedev, in addition, abandoned his right to speak with the last word.

The meeting announced a break until 14:00. It is possible that today the defendants will perform with the last word

“If on April 8, replicas do not take much time, it is possible that the defendants will perform with the last word,” said lawyer Konstantin Rivkin, representing the interests of the head of the MFI Menatep. He also added that the defense will coordinate its actions during the court session, since it is still not known about the performance of the prosecutor in replicas.

It is expected that the verdict will not be made earlier than May.

Recall that on Thursday the defense of the ex-head of Yukos Mikhail Khodorkovsky ended her performance in the debate.

- Speech by lawyer Henry Padva on April 5 (audio. Part 1. Part 2. Part 3 )
- Speech by lawyer Henry Padva on April 6 (Audio. Part 4. Part 5. Part 6. Part 7. Part 8. Part 9 )
- Speech by lawyer Henry Padva on April 7 (audio. Part 10. Part 11. Part 12. Part 13. Part 14 )

At the same time, the prosecutor Dmitry Shokhin refused to evaluate the performance of the side of the defense of Khodorkovsky. The whole speech of the lawyers of the ex-head of the Yukos took three days. Defenders insist on fully justify Khodorkovsky and Lebedev for all incriminated episodes.

"We hope that on the day of the sentence, this metal iron door will open and the guard will release Khodorkovsky and Lebedev," said in conclusion of his speech in the debate of Padva, pointing to the cage, in which the defendants are contained throughout the trial.

During the debate, representatives of the state prosecution asked the court to say Khodorkovsky and Lebedev to 10 years in prison of each with serving a sentence in a penal colony of general regime. In addition, prosecutors insist on the deprivation of both defendants of the right to engage in activities in state authorities and local authorities for a period of three years.

At the same time, representatives of the Prosecutor General’s Office consider it possible to appoint Andrei Krainov, the former CEO of AOZT “Volna”, the conditional measure of punishment in connection with the partial recognition of guilt and “the promotion that justice will faint”. Shokhin asked the court to appoint him 5.5 years in prison with a probation with a trial period equal to five years.

Khodorkovsky and Lebedev are accused under seven articles of the Criminal Code of the Russian Federation, among them tax evasion and large -scale fraud. Urals, according to the prosecution, committed fraud, causing harm to the property of the owner and did not fulfill the court decision that entered into legal force.