Money for not made repairs was stolen, but there was no corpus delicti?

Nelly Vovsha was deceived with repairs for 640,000 rubles. Employees of the repair company Elviva LLC took an advance payment from the woman, and then disappeared. The prosecutor of the Zamoskovoretsk Interdistrict Prosecutor's Office does not see corpus delicti in the actions of the company's management

Nelly Vovsha is well known to students of the Faculty of Journalism of Moscow State University - for 8 years she was the head of the graduate school of the faculty. They invited her there as an anti-crisis manager.

“When I came to the faculty of journalism in 2004, the state of affairs was deplorable,” she says. - In the graduate school there were only 10 full-time budget places and 5 correspondence places - then there was still a "cane system" and because of the postgraduate students who did not defend their Ph.D. students, the faculty was deprived of "state employees". I realized that the primary task is to motivate people to complete graduate school in general. For example, there was a case when one of the graduate students, referring to personal problems, stated that she did not want to study anymore. I called her into my office. We talked for an hour or two. Not like a teacher with a student, but rather like a mother and daughter. And I managed to convince her not to drop out of school - a year later she defended herself perfectly. And there were a lot of such guys - it was very important to keep them in graduate school.

When Nelli Leonidovna moved from the Faculty of Journalism of Moscow State University to a new job, there were 25 full-time and 12 extra-budgetary places in the graduate school of the faculty.

In 2012, a replenishment took place in the family of Nelly Leonidovna, the question arose of improving living conditions. The Vovsh family exchanged their apartment in the center for a three-ruble note in Altufyevo.

- The apartment was with bare walls, - says Nelli Leonidovna. - There was almost no money left for repairs, but a friend advised a good repair company: "They will do it cheaply and with high quality."

So in January 2011, Vovsha met Elviva LLC and its director Svetlana Suslova.

“For a long time we could not agree on the terms of the repair,” Nelli says. - The main thing is that the company did not want to draw up a contract at all, offering to make repairs “unofficially”. It was not until March that an agreement was reached. I took a loan from the bank, 640,000 rubles, and made an advance payment. This was also one of the conditions.

Nelly Leonidovna characterizes the subsequent events only with the word "katavasia". Inconsistencies between the terms of the contract and the real actions of the company's employees, according to her, began to appear from the very first days.

- Arriving at our house, Elviva specialist Alexander Molchanov said that he would have to move out: if repairs were made with us, it would cost more. Before that, there was no talk of resettlement, but we nevertheless agreed and moved out of the apartment. Then everything only got worse: the company's employees either postponed the start of repairs, or simply disappeared from communication. The work was supposed to be completed on June 30, 2011, but nothing had been done by May. I decided to cancel the contract and return the money.

Hearing about Vovsha's decision, the director of Elviva, Svetlana Suslova, got worried and called a friend. An acquaintance, who introduced himself as Alexander Alexandrovich, rudely told Nelli Leonidovna that she would not receive more than 250,000 rubles.

- I was frightened and agreed even for this amount. The truth is, I didn't get it back. The next time I came to the company's office, Elviva was gone.

Nelly took the documents to court.

What article?

- From the very beginning, the court delimited the responsibility of Elviva LLC and Alexei Molchanov, who directly did the repair for me, because. It turned out that according to the documents he had nothing to do with the company. Several meetings were held, representatives of Elviva did not go to court, but suddenly Suslova herself came to one of the hearings - it turned out that the judge called her and informed her about the sanctions that would follow if she continued to ignore the court. Suslova came and took a very strange position: Molchanov supposedly took my money, but did not transfer it to anyone, but appropriated it. This argument was considered by the court to be unfounded.

On February 2, 2012, the judge of the Butyrsky District Court, Tatyana Bogucharskaya, ruled that Vovsha's claim was partially satisfied - to recover funds in the amount of 640,000 rubles and a state duty in the amount of 9,600 rubles from the defendant Molchanov. Not a word was said about Elviva LLC in the court decision.

“I decided that things couldn’t be left like that,” says Nelli Leonidovna. - And she turned to law enforcement agencies in order to initiate a criminal case against the leaders of Elviva LLC under Art. 159 of the Criminal Code of the Russian Federation (“Fraud”).

From that moment, a new red tape began: the application filed with the Zamoskvorechye police department (on whose territory Elviva was registered) migrated to the Fili-Davydkovo police department, where the bank through which Vovsha made settlements with the company is located. Nelli Leonidovna was told in the Filyovskiy police department that they had requested a video recording from a surveillance camera to make sure that on that day she really was at the bank and transferred money. For some reason, the police were not interested in the check confirming the calculation.

When the Novaya correspondent called the district police officer Alekseev, who was involved in the Vovsha case, he replied that he had sent the documents back to the Zamoskvorechye police department.

“Territorial,” he explained. It is noteworthy that the Zamoskvorechye police department believes that the territorial crime was committed in Fili.

Realizing that the police were just playing for time, Nelly Vovsha turned to the Zamoskvoretsk Interdistrict Prosecutor's Office. At a personal reception, acting prosecutor Ali Omarov told her literally the following (there is a video recording): “According to your logic, you need to involve the management of the company.”

Suslova and Molchanov very conveniently hid behind such inaction of law enforcement agencies. Svetlana Suslova answered the Novaya call: “There was a trial. He did not hold Elviva accountable. What do you want? If Vovsha wants to initiate a criminal case, the flag is in her hands.” Aleksey Molchanov even stated that he considers the decision of the court that imposed a fine on him illegal and is now trying to file a complaint. He has formal grounds: he received a notification about the start of enforcement proceedings against himself only in October 2012, and allegedly did not know about the court's decision - he did not appear at the last meeting and did not receive any papers.

“If the court suddenly cancels the decision, I won’t get the money back,” says Nelli Vovsha. - What will happen in the end: the money was stolen, but no one answered? ..

a comment

Alexander Sokolovsky, lawyer:

In my opinion, all grounds for initiating proceedings under Art. 159 of the Criminal Code of the Russian Federation against the management of Elviva LLC is. The money was stolen fraudulently, and the theft, even from one person, took place on a large scale - 640,000 rubles. The contract between Elviva LLC and Nelly Voshiy was signed by the director of Elviva LLC Svetlana Suslova, and the minutes of the meetings were signed by Alexei Molchanov, who was introduced as the company's technical director. In fact, as was established in court, he was not. There is a conspiracy between Molchanov and the management of Elviva LLC. The company was not going to finish the repair, because responsible companies correct errors in repairs even at their own expense, but this was not done here - money was received, and the work was not completed even by 10%. Despite the fact that Suslova safely disappeared from Vovsha's field of vision, even the Elviva company is no longer at its former address.

PS The man who introduced himself as Alexander Alexandrovich and told Vovsha that she could only receive 250,000 rubles turned out to be Suslova's husband, Alexander Suslov, director of Shkaf.net. There are dozens of complaints about this company on the Internet and three in the Zamoskvoretsky police department. “Under consideration” they are the third month.