The case of experts is a double two

The Investigative Committee in full swing is an investigation into the “maternal case of Yukos”: a new wave of searches and interrogations was held in Moscow and Alma-Ata. What the investigators are looking for, what now they are charged with scientists who conducted an independent examination for President Medvedev in the second case of Khodorkovsky and Lebedev, and who else, besides Sergey Guriev, left the country, found out The New Times

The first page of the letter of the head of the Council for Human Rights Mikhail Fedotov to President Putin in defense of experts. Putin resolution: “Bastrykin A.I. Ave. Consider and report. ” 10/31/2012.

“Everything that is happening today with the persecution of experts who participated in an independent examination for the Council for Human Rights under the President, it seems to me complete phantasmagoria. It seems to me that I am reading some kind of fantastic romance or watching Alexei German's film “It's hard to be God”. This is all completely behind the facet of legal reality, ”says Mikhail Fedotov, chairman of the Human Rights Council under the President of the Russian Federation.

Meanwhile, the “legal reality” was closely close to Mikhail Fedotov himself. A few weeks ago, at the UNESCO department, an intellectual property at the Higher School of Economics was a search. The head of this department is Mikhail Fedotov. He himself refuses to talk about the search. According to The New Times, investigators seized two computers, took the disks and, probably, the electronic correspondence of one of the employees of Mikhail Fedotov, Astamur Tedeeev, a specialist in the field of tax law, who in 2011 at the request of the Council of Human Rights and the Civil Society under the President of Russia (HRC) participated in the examination*.

Six brave

Tedeeev is one of the nine experts (among them - six Russian) who participated in independent public examination for the HRC. The group of experts was headed by a judge of retired Constitutional Court and a member of the HRC Tamara Morshchakova. Over the past year, searches were carried out by three of the six experts: in September 2012-at home at Mikhail Subbotin, in April 2013-in the office of the Russian Economic School (RASH) with Sergey Guriev and in the office of Astamur Tedeev. Guriev and Tedeev called for interrogations. Mikhail Subbotin and expert Oksana Oleinik was called in the UK in February 2013, but then the investigators themselves canceled these interrogations.

Another expert, Anatoly Naumov, the head of the Department of Criminal Law Disciplines of the Academy of the Prosecutor General of the Russian Federation, was forced to leave the Academy of the Prosecutor General’s Office, after he wrote his conclusion on the Yukos case for the HRC. The only of the six Russian scientists who have not yet suffered from their participation in an independent examination is Alexander Posvlyakov, the head of the Department of the Criminal Process of the Ural State Law Academy.

Start

The searches and interrogations of scientific economists and lawyers are held in criminal case No. 18/41-03, the so-called “maternal case of Yukos”, which was initiated on June 20, 2003 **.

From this case, all cases related to Khodorkovsky and Lebedev were borne for ten years. During this time, almost all the employees of the company Yukos, who were planted after the arrest of Khodorkovsky and Lebedev, having served, were released, some of the conditionally, who, due to a change in the law.

Over these ten years, investigators, having allocated criminal cases from the “maternity”, managed to incorporate partial accusations to some employees and shareholders of the disgraced company. All these ten years, the investigation group, headed by investigators in particularly important matters, General Mikhail Tumanov and Colonel Farit Ganiev, continued to work. Now they have focused on the legalization of funds, which are allegedly transferred from abroad by the proxies of Khodorkovsky and Lebedev. The New Times in the article “Experts' Case” *** wrote in detail that investigators were looking for during the September searches, which were carried out not only by the expert Mikhail Subbotin, but also by the head of the Center for Legal and Economic Research **** Elena Novikova, who had nothing to do with expertise for the HRCs. Investigators searched for evidence of their version that the proxies of Khodorkovsky through the Center for Legal and Economic Research bribed experts who conducted a public and legal examination in the second “Yukos case” for the HRC, who in December 2011 presented it with Russian President Dmitry Medvedev.

The fault of experts

“Those who did an examination in the second case of Khodorkovsky do not threaten any criminal liability,” said Henry Reznik, head of the Moscow Law Chamber, ”said The New Times. - Any specialist can subject a legal sentence of any examination or analysis. So in this case, even the not -wizard could not be. ”

According to the “principles of the organization of public scientific examination and the involvement of experts”, which were approved by the HRC in March 2011, “work on the preparation of analytical reports is carried out on a voluntary basis - any contractual relations with the advice and payment of the study carried out by him are excluded.” Tamara Morshchakova says that out of more than 20 scientists who were invited to participate in the examination, only nine agreed. They refused for various reasons: one of the motives of non -participation was the previously agreed absence of a fee.

Scientific organized crime group

The development of the "expert version" in relation to case No. 18/41-03 began a little more than a year ago. Then, last summer, Novikov and her “criminal group” were suspected of “receiving knowingly false conclusions of specialists under the guise of independent public examinations”. She was not charged then, but lawyers discussed that according to the law, such actions are subject to several articles of the Criminal Code of the Russian Federation: Art. 303 ("falsification of evidence"), Art. 307 ("knowingly false conclusions") and Art. 309 ("Bearing of the expert").

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At the end of April, the search was carried out in a Moscow apartment, close to the Yukos lawyers team. He was engaged in administrative-organizational work: he helped the defenders of Khodorkovsky and Lebedev buy tickets, make foreign visas, extended the lawyer agreements

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“Article 303 of the Criminal Code provides for criminal liability for falsification of evidence. The subjects of the crime under Part 2 of this article can only be an investigator, prosecutor or defender, ”lawyer Anna Stavitskaya comments for The New Times. -Public examination was carried out after the sentence enters into legal force and cannot be considered as an examination in the criminal procedure sense of the word. As for the article on "knowingly false conclusions", this falsity must be confirmed by the decision of the competent court. So far, this is not, then there is nothing to talk about. And the last: "The bribery of the expert." Protection has the right to attract specialists to give an imprisonment in court. Some experts make conclusions for free, some for money. In any case, the public examination of the court verdict has entered into force the article “Expert Society” has nothing to do, because the article of the Criminal Code applies to experts performing the order of the investigation or the court on the conduct of the examination during the investigation or during the trial. ”

Although no one brought Elena Novikova, in the case, she passed as a witness, after the search, she left for her husband in Kazakhstan. But valiant investigators of the RF IC got it in Alma-Ata. On April 24, in the apartment of her husband Igor Novikov, a well -known specialist in the field of international trade and marine law, Moscow investigators of the RF IC, together with Kazakhstani colleagues, conducted a search. “Investigators took the three volumes of the monograph on the law that Lena Novikova’s husband wrote to Moscow, took a book about marine law in English, took all client bases with phone numbers. Can you imagine what it is for practicing lawyers? The search was carried out in violation of the law, without a court order, without a lawyer, ”Mikhail Subbotin told The New Times.

"Crazy dramaturgy"

Judging by what happened in Alma-Ata, the fantasy of Bastrykin’s subordinates broke through, and the crime of the “scientific organized crime group”, led by Novikova, was drawn to real wrecking.

“Monographs were published and publications were made in the media on the need to amend the criminal legislation of Russia,” the Basmanny court of the Basmanny Court of April 16, 2013, allowing a search in Alma-Ata ***** ... created an illusion of the need to liberalize criminal law and in the interests of Khodorkovsky MB ... ”

The surname of Novikova is also mentioned in the decision of the judge of the Basmanny Court Irina Skuridina on the production of the seizure of documents containing information constituting the secret of correspondence in the RES office with Sergey Guriev.

It seems that now investigators are building the following chain: members of the organized crime group hiding from the investigation abroad led by the former lawyer of Khodorkovsky Anton Drel, transfer money to Russia, and the head of the Center for Legal and Economic Research is disposed of with this money. She allegedly pays money to experts, organizes conferences, attracts to participation in these conferences of famous scientists, in particular, Sergei Guriev. Judge Irina Skuridina mentions the sixth Khodorkovsky readings that took place in Moscow in July 2010 ******.

“This is some kind of crazy dramaturgy,” comments the decree of the Basmanny court Tamara Morshchakov. - It is possible to present the composition of the crime “Obviament of justice” only when the intent to this crime is proved. When the examination was carried out, the press constantly asked: "And what will she (examination) will give?" Three chairmen of the senior ships - Valery Zorkin, Vyacheslav Lebedev and Anton Ivanov answered on this score. They said that we are talking about the role of the public in assessing justice. The society should deal with what is happening with justice. So the society figured out. "

To be continued?

“At the end of last year, it seemed to me that the investigators conducted inspections, were convinced that we were not talking about any criminal offense, and it would end. But it turned out that this is not so and everything continues, ”Mikhail Fedotov complains.

In February-April, the investigation group was noticeably activated. Several times in the UK they called a former accountant of the Center for Legal and Economic Research, and three founders of the Center of Irek Amirov, Vladimir Autonomov and Leonid Grigoryev were also called. All of them refuse to disclose the details of interrogations. So, in an interview with The New Times, Professor Grigoryev, head of the Department of the World Economy of the Faculty of World Economy and Higher School of Economics, said: “I do not want to have anything to do with this matter. No comment. "

According to The New Times, the investigative actions of the “Vitriyaks” are not limited to experts and scientists. At the end of April, the search was carried out in a Moscow apartment, close to the Yukos lawyers team. He was engaged in administrative-organizational work: he helped the defenders of Khodorkovsky and Lebedev buy tickets, make foreign visas, extended lawying agreements. Probably, he was looking for evidence of the “criminal connection” of lawyers with members of the organized crime group living abroad.

The next day of this man, we will call him Alexei N. - they called him to the Investigative Committee for the conversation.

He bought a ticket and left in an unknown direction.

Does this mean that, “having dealt with the experts,” investigators are going to lawyers?

God news.