Navalny's trial. Day sixteen

Hearings on the Kirovles case continued in Kirov. The materials of the accounting examination of the enterprise were read out. Broadcast by PublicPost.

16:54 Maria Eismont/PublicPost

The court hearing is adjourned until 9 am on July 2.

16:52 Maria Eismont/PublicPost

Davydova proposes to include printouts from the Moscow City Court websites stating that she needs to be there on June 25, as well as June 26 and 27, and, if necessary, make a corresponding request. “I undertake, having attended all these events, to take certificates from them and present them to the court on the next court day.”

Blinov: “On May 30, we agreed on the schedule of the trial, and we indicated June 24 and 25, you said that from the 26th you would have a jury selection, this is recorded in the protocol. Nothing was said about June 24 and 25.” .

Blinov looks offended: he does not understand why lawyers always ask him for time off at other courts, and not at other courts to come to his hearing.

Davydova explains: we are talking about courts of a higher level compared to the district court, and they are unlikely to postpone hearings due to busyness in the district court. In addition, the defendant is in custody in another criminal case.

16:42 Maria Eismont/PublicPost

"How are you feeling?" - Blinov asked Ofitserov.

“Bad,” he replied.

16:41 Maria Eismont/PublicPost

Davydova: “Please attach the sick leave certificate of Petr Yuryevich Ofitserov. Diagnosis: hypertension of the 2nd degree. From June 14, 2013 with the date of appearance to the therapist on June 20, 2013.

I propose to involve her in the case and take a break for today.”

16:40 Maria Eismont/PublicPost

Navalny: “Then what tools can I use to defend myself? I categorically object, under these conditions you are depriving us of the right to defense.”

Officers: “We’ve been sitting for the second month, and I still don’t know what I’m accused of.”

Blinov: “We continue the court hearing.”

16:38 Maria Eismont/PublicPost

Blinov looks down, periodically moving his eyebrows.

Photo: Maria Eismont

Davydova: “You are intentionally and consciously violating the defense’s right to provide evidence.”

A minimum set of procedural guarantees: the accused must know what he is accused of, must be able to defend himself, must be able to question prosecution witnesses under the same conditions as the prosecution, and question his own witnesses under the same conditions under which they were questioned by the prosecution.

16:36 Maria Eismont/PublicPost

Davydova to Blinov: “I have objections to your actions, there is nothing else left. By refusing to call witnesses for the defense, you are violating the rule of Article 244, you have just committed a fundamental violation of the law, by allowing which you will not be able, being in the deliberation room, to make an objective sentence".

16:35 Maria Eismont/PublicPost

Blinov refuses to call the witnesses listed on the list: “It is not clear what new they can say, the defense has not explained what special information they will be able to provide to the court, the documents have already been examined, expert opinions have already been announced, and the court finds them complete and justified. Then there are no grounds for questioning them in court."

Result: Blinov will not call any of the declared witnesses.

16:35 Alexey Navalny

FABULOUS. Judge Blinov just refused to call all 15 witnesses called by the defense.

16:34 Leonid Volkov, deputy of the Yekaterinburg City Duma

The fairest court refuses to call witnesses in Kirovles. A big step forward compared to the trial of the parasite Brodsky, for example.

16:25 Maria Eismont/PublicPost

Davydova: “Yesterday I did not provide sufficient legal justification for the petition (to call witnesses) and I want to fill this gap today.”

If the defense is unable to present as evidence the testimony of the witnesses it insists on, it will be deprived of the opportunity to refer to this testimony during the arguments of the parties in court, and the court will not be able to base its verdict on it because it will not be examined in court.

The defense will be significantly impaired in the right to present evidence. Plus Davydova recalled that the presiding officer must guarantee the competitiveness of the parties in the process. 244 Art. — equal rights of the parties, including the provision of evidence. If the court refuses, it will be a “fundamental violation,” Davydova argues, which could affect the possibility of a decision in the case and an objective verdict.

Prosecutors confirmed their position yesterday: they are against calling witnesses.

16:21 Maria Eismont/PublicPost

Blinov: “Are there any additions to the petition to summon witnesses to court?”

Davydova: “The defense insists on the petition filed yesterday. There are 13 people on the list - their testimony is extremely necessary to confirm the absence in the actions of the defendants of the crime that they are charged with. These are all employees of VLK, employees of the government of the Kirov region, special knowledge of witnesses is required - authors of examinations."

16:18 Daniil Kolomiychuk/PublicPost

Davydova read out case sheet 116 from volume 14. "Criminal Case Notice No. 14003."

At this point the defense finished the presentation of the materials.

16:09 Daniil Kolomiychuk/PublicPost

“Firewood” appears in the documents being read. There is a slight revival in the hall.

15:51 Maria Eismont/PublicPost

Everything that is read out in court is considered “examined by the court,” and this cannot be ignored; it will have to be assessed in the verdict. The documents read by Davydova confirm that, despite Ofitserov’s admission of the debt, he cannot pay it in full due to incorrectly provided necessary documents by Kirovles. That this is not his malicious intent - not to pay something, but this is the reality, confirmed by the arbitration court.

Blinov announces a break until 16:00.

15:16 Maria Eismont/PublicPost

"Are arbitration court decisions related to the supply agreement?" - Blinov clarified. Davydova answered in the affirmative.

15:11 Maria Eismont/PublicPost

Davydova requests to attach and examine the original payment order dated February 18, 2013 - execution of the debt of VLK LLC for 358,812 rubles 13 kopecks. He also asks to include a letter from Ofitserov asking him to provide bank details so that he can pay the debt.

We are talking about the debt of VLK to Kirovles, which, according to Ofitserov , he has long been ready to pay, obeying the decision of the arbitration court, but cannot due to the lack of correct details.

14:55 Maria Eismont/PublicPost

Finally, they turned off the air conditioning, which the defendants, lawyers, and journalists have been asking for for a long time. It became quieter, warmer and much better to hear.

14:49 Maria Eismont/PublicPost

Payment slips are read out, which show that VLK LLC transferred money to KOGUP Kirovles. "Purpose of payment: payment for forest products." Either these payments will have to be recognized as fake, or it is not clear how to prove theft.

Deputy of the Yekaterinburg City Duma Leonid Volkov recently proposed , by the way, an option: “The investigation found the answer to the question of where the stolen 16 million went: in order to cover their tracks, the accomplices transferred them to Kirovles!”

Pyotr Ofitserov answered him : “This is the decision, Leonid! Your prize is sunny prosecutorial smiles! Now even I understand where they went!”

14:41 Maria Eismont/PublicPost

Blinov really wants to understand why Ofitserov came to Kirov. These were not questions for filler or for the record, these were questions of a person who wants to understand why his old school friend changed jobs.

14:34 Maria Eismont/PublicPost

Blinov: “Did you work with other suppliers?”

Officers: “Yes, they worked. But the main supplier was KOGUP.”

Blinov: “You said that you came to the Kirov region and then decided to start selling timber. When did you turn to Opalev?”

Officers: “Yes. I arrived in February (the second decade), and I turned to Opalev either at the end of February or at the beginning of March.”

Blinov: “Before registering VLK?”

Officers: “Of course, before registration.”

Blinov: “Why did they stop working?”

Officers: “I have another business, and it is quite successful. The income from it is more than from working with forests, from the point of view of fuss, risks, costs, it is many times more profitable. And I transferred the company to my brother around November 2009 , but by mid-2010 he also lost the desire to engage in forestry.”

When asking questions, Judge Blinov looks genuinely interested and even speaks, it seems, a little louder.

14:29 Maria Eismont/PublicPost

Judge Blinov decided to take the moment and clarify something from the defendant Ofitserov, he became interested in the documents on payment to employees.

Officers: “At its peak, the company employed 13 people.”

Blinov: “What were they doing?”

Officers: “5 people - this is the sales department. Each had a sales plan - both in rubles and in assortment. The assortment was compiled based on the requests of KOGUP and included a plan for low-grade wood. A mandatory condition is at least 25 calls in search of clients. Managers for procurement, we called manufacturing suppliers in the Sverdlovsk region, Perm region, Komi, the plan was 40 calls per day.

Photo: RAPSI

There was a secretary with a more advanced function, an accountant... So it turns out six, seven, eight... There was also a quality acceptance employee, he went to accept all KOGUP orders. There was a person who was in charge of customs, and an employee who was like a general secretary, but she was not there for long - a few weeks, and then we decided that this position was not needed."

14:19 Maria Eismont/PublicPost

After reading the agreement between KOGUP Kirovles and VLK LLC, including additional clauses included later, Davydov’s lawyer asked the court to give the opportunity to ask Officerov several questions and comment on changes in the agreement.

Davydova: “Is this the agreement that came for approval from Marina Valerievna Bur?”

Officers: “Yes, the same one. All risks for the goods - damage, theft - were transferred to the VLK company. Kirovles’ responsibilities end at the moment of loading.”

Davydova: “Who was this point beneficial for?”

Officers: “For KOGUP. They reduced their risks.”

14:16 Daniil Kolomiychuk/PublicPost

Navalny gives a link on Twitter : "United Russia" decided to protect voters from arrested candidates."

On the United Russia website, indeed, there is an article by the secretary of the party’s general council, Sergei Neverov. Writes about the Moscow mayoral elections:

“So we see how all sorts of crooks rushed to the elections, straight from house arrest and from the docks. Why do they need to get into power? To avoid a well-deserved punishment? To solve their problems? To get their hands on what they have not yet reached their hands on - like before “Russian Post” and “Kirovles”. Or then to say that they are afraid, they didn’t let them in, and the laws are bad. And thus, what about people, maybe we will all have to think about improving ourselves? legislation in this part - how to protect people from such pseudo-candidates and their deception."

14:04 Maria Eismont/PublicPost

The meeting continues. Davydov's lawyer reads out the case materials from volume 27. There is a lot to read - from 114 to 185, it seems, pages.

13:57 Daniil Kolomiychuk/PublicPost

The break was extended until 14:00 at the request of the prosecution.

12:46 Daniil Kolomiychuk/PublicPost

The court hearing was adjourned until 1:45 p.m.

12:30 Maria Eismont/PublicPost

They read the letter of complaint: Ofitserov tells Opalev about the marriage in the match yard.

Photo: Maria Eismont

12:24 Ilya Barabanov, Kommersant correspondent

I'm reading "Women" by Bukowski. There is sex, drugs, drinking, and in the background they continue to hear: lumber, agreements, trumbumbum.

12:18 Petr Ofitserov

Opalev, Bastrygina, Bura lied in their testimonies that I imposed deadlines on them, forcing them to suffer losses. When people lie so petty and disgustingly, even one becomes ashamed of them. Each letter contains the phrase “please inform me of the shipment date.” They decided when and where.

12:06 Maria Eismont/PublicPost

Davydova continues to read out the minimum prices for the sale of forest products, approved by the director of the Oryol forestry enterprise, Shutova. In the hall they read fiction books, newspapers and social networks. The air conditioner hums steadily. The prosecutor fiddles with his pen. Moved on to volume 26.

Photo: Maria Eismont

12:00 Daniil Kolomiychuk/PublicPost

“Wood, commercial, hardwood, aspen, first, second, third grade, minimum price in 2008 - 300 rubles per cubic meter,” reads Davydova.

11:56 Maria Eismont/PublicPost

There is every chance that the next meeting will be next week. Judging by Judge Blinov’s work schedule, he has a theft case on Wednesday and a drug case on Friday.

Photo: Maria Eismont

11:36 Daniil Kolomiychuk/PublicPost

Invoices for “pine sawlogs” are read by lawyer Svetlana Davydova.

11:33 Daniil Kolomiychuk/PublicPost

During the break, Navalny gives journalists a short course on the Kirovles case - he draws a diagram and explains how the timber was sold and how the difference in sales amounts is calculated, as well as why the investigators' claims are unfounded.

11:21 Maria Eismont/PublicPost

Economic and accounting examinations, carried out by order of the Kirov Investigative Committee, are one of the most important documents that speak in favor of the defense and prove that the activities of VLK did not cause any damage to Kirovles, because they were insignificant.

11:18 Maria Eismont/PublicPost

Another conclusion of a forensic economic examination by the same expert Olga Gennadievna Rykova, 10 years of experience in the specialty, 4 years of expert work.

Conclusions: the share of sales of KOGUP "Kirovles" through LLC "VLK" amounted to 1,785,944 rubles 66 kopecks, which in the total sales volume of KOGUP "Kirovles" amounted to 0.05%.

“The difference between the cost of production and the cost of sales to former counterparties of KOGUP Kirovles amounted to 589,110 rubles 87 kopecks.”

Photo: Maria Eismont

11:07 Alexey Navalny

My brother Oleg and his wife Vika, who had a search yesterday , say hello to everyone and thank you for your support. They ransacked the entire apartment, as usual, they confiscated telephones, computers and everything that, in the investigator’s opinion, looked like “financial documentation” - that is, all documents that have some numbers on them.

Investigators also discovered and seized all the money in the apartment - 50,000 (fifty thousand) rubles. Which, of course, is terrible bestiality given the fact that Oleg was recently forced to leave his job - with the surname “Navalny” it became very difficult to work at Russian Post.

Oleg’s lawyer even filed a petition on the spot so that the money would not be taken away - but no, “they were told to take all the money.”

10:57 Maria Eismont/PublicPost

As a result of the agreement between Kirovles and VLK LLC, Kirovles received less economic benefit. According to forensic accounting data, the difference was 1,221,893 rubles 87 kopecks.

Expert Rykova’s conclusion: “If additional profit was received, the financial and economic condition of the enterprise in the period from April 15 to September 30 would not have changed.”

10:52 Alexey Navalny

In fact, there was Schrödinger's cat in my safe deposit box. The investigators simply did not understand how to record it in the protocol.

10:46 Maria Eismont/PublicPost

Mikhailova reads the conclusion of a financial and economic examination appointed by investigator Vetoshkin (Investigation Committee of the Kirov Region), who investigated the first Kirovles case and ultimately decided to terminate the criminal prosecution of today's accused and that there was no corpus delicti in their actions.

The examination was carried out from February 14 to March 6, 2012 (volume 17, case sheets 70-79).

Conclusion on the first question: the condition of KOGUP has worsened. “The dynamics of liquidity, solvency and financial stability ratios indicate a deterioration in the condition of the enterprise from April 15 to September 30. If at the beginning of the study the enterprise had liquidity and financial stability, then at the end there was an insufficiency of current assets and its own sources of financing to maintain economic activity.”

Photo: Maria Eismont

10:34 Maria Eismont/PublicPost

From volume 17: “During the investigation, it was established that on April 15, Opalev signed an agreement that was obviously unfavorable for the enterprise with VLK LLC, represented by General Director Ofitserov, according to which KOGUP Kirovles supplied products to consignees from May to September.”

The materials of the criminal case established that in the period from May to September 2009, applications were signed according to which VLK purchased products from Kirovles, which were then sold - below is the list of buyers.

According to the conclusions of the accounting examination, the difference between the price of forest products and the selling price to counterparties is 1,221,893 rubles 87 kopecks. The specified amount may be lost profit of KOGUP "Kirovles".

Photo: Maria Eismont

To establish the truth in the case, special knowledge is required, so they ordered a financial and economic examination and entrusted it to Olga Rykova (the lawyers asked her to be called as a defense witness yesterday). The expert was asked questions about the economic condition of the enterprise and how this condition changed from April 15 to September 30, 2009, and what would have changed in the financial and economic condition of the enterprise during this period if additional profit in the amount of 1,221,893 rubles was received 87 kopecks."

10:14 Maria Eismont/PublicPost

We moved on to volume 14. Mikhailova reads out the search report: “Lieutenant Colonel of Justice Nesterov, in the presence of witnesses, on the basis of a resolution dated September 21, 2012, conducted a search in the Raiffeisenbank safe deposit box rented by Navalny. They were looking for documents related to VLK. A metal safe was seized from the safe deposit box. “When the safe was opened, nothing was found,” reads Mikhailova. No photography or video was used, but “a screwdriver was used.”

Photo: RAPSI

10:10 Daniil Kolomiychuk/PublicPost

Alexey Navalny writes on Twitter : “They are reading out a resolution to open my safe deposit box and search Raiffeisenbank.”

10:07 Maria Eismont/PublicPost

The court hearing has begun. The defense continues to present evidence - the case materials are being read out. Volume 4 (30 in total).

09:51 Maria Eismont/PublicPost

In the morning there is only one person at the puppet theater. Without approval, only a single picket can be carried out - however, instead of a poster, a well -known campaign cube is.

Photo: Maria Eismont

Opponents of Navalny, who went out with a saw, had fallen off for a long time.

According to the investigation, a member of the opposition coordination council, blogger, creator of Rospil and RosZHKH projects Alexei Navalny organized theft of the forest in 2009, when he was an adviser to the governor of the Kirov region. Together with the director of Vyatka Forestry Company LLC, Pyotr Ofitserov , and the general director of KOGUP Kirovles, Vyacheslav Opalev, he stole 10 thousand cubic meters of forest products from May to September 2009, the Investigative Committee says. As a result, the Kirov region was underway more than 16 million rubles from the budget.

Navalny was accused of organizing a large embezzlement of someone else's property (Article 33, Article 160 of the Criminal Code of the Russian Federation), Ofitserov - of complicity (Article 33, Article 160 of the Criminal Code of the Russian Federation). Vyacheslav Opalev pleaded guilty and decided on a deal with the investigation, so his criminal case was investigated separately. As a result, the court found the CEO of Kirovles guilty, on the basis of his recognition and the whole process is built.