Who is who in the case "Yves Rocher"

Judge, prosecutors, victims and lawyers: analysis of the process from Medusa

In the Zamoskvoretsky court of Moscow, the consideration of the case of Yves Rocher continues. The leader of the “Party of Progress” Alexei Navalny and his younger brother Oleg are accused of fraud on an especially large scale and the legalization of funds. On Tuesday, October 21, state prosecutors completed the interrogation of witnesses of the prosecution (or interrupted it for a while) and began to read the case materials.

According to the prosecution, the main signature agency created by the brothers LLC, the leadership of the IV Rocher Vostok company and provided cosmetics transportation services at high prices. A similar act was committed in relation to another victim of a “multidisciplinary processing company”. Navalny completely deny their guilt. Oleg insists that it was ordinary entrepreneurial activity, Alexei says that he did not participate in this business. The Medusa correspondent Andrei Kozenko explains what the essence of the process is and describes all its participants.

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This process is not at all like the Kirovles case, according to which Alexei Navalny received his first term - five years in prison. The process in the case of "Yves Rocher" is much slower; Meetings are usually not appointed more often than once a week. The meetings constantly begin later due to the fact that Alexei Navalny carries to the court for traffic jams an employee of the FSIN. There are significantly more materials in the case-120 volumes against 24 in Kirovles. Against the background of the “swamp business” and other proceedings with a clear political background, there are too few sensations and too many special terminology. As a result, and attention to the course of the process is significantly less.

A lonely bearded picketer with a “Rus-Hell” poster will be on a steady duty on the court (and something else about the KGB is on the other side). The police do not touch him, the bailiffs whisper among themselves that this is a former justice of the peace. In the course of court hearings, through ajar windows, you can hear the picket worker screaming throughout the street about judicial arbitrariness.

Oleg Navalny every time appears with a glass of coffee from Starbax: once on a glass it was written “Olezhka”, another time “Bormann” (this elder brother asked to bring him a drink). Alexei Navalny made a rule after the interrogation of each witness to take a replica and express himself in the sense that this is a completely political matter, and witnesses of the accusations are on the side of protection; In a good way, the process must be covered due to the fact that there was no crime. "You all say that for the sake of personal PR!" - the prosecutors object.

Oleg Navalny interrogates the witnesses with whom he worked in the Russian Post for an hour. There are abbreviations like GCMPP, PDC, SME, such terms as “horror” and questions like: “At what point does the load cease to be a load and becomes mail?” (At one of these moments, Alexei Navalny leaned toward journalists and whispered: “I don’t understand what is happening here.”)

The version of the prosecution

So, according to the prosecution, in 2008, the Navalny brothers created LLC “The Main Subscribed Agency”, the Cyprus Offshore Alortag Management Limited was its founder. The very foreign origin of the LLC hinted at his illegal activity in the future. In 2008, the brothers entered into a criminal conspiracy, Oleg Navalny, taking advantage of the official position (he worked as deputy director of one of the branches of the Russian Post), bowed to obviously unprofitable cooperation by Iv Rocher Vostok. The disadvantage of this cooperation, as well as the fraud of the brothers, consisted in the fact that from 2008 to 2012 they provided logistics services at an inflated price. According to investigators, the brothers organized the transportation of cosmetics from Yaroslavl (there is a large warehouse with Yves Rocher products, from there it goes to the capital and then to the regions) to Moscow, having received a total of 55 million rubles for this. At the same time, the Investigative Committee believes that the cost of this service was supposed to amount to 31 million rubles. According to a similar scheme, “The Main Subscribed Agency” also worked with the second victim company - the “multidisciplinary processing company” (IPC). There, the revenue of the “Main Subscribed Agency” amounted to 9 million rubles, and investigators estimated the damage to the IPC at 3.8 million rubles. The brothers cashed 19 million out of the total amount both “through taxes” and through the “Kuyabkovsky factory for the weapons”, which belongs to the Navalny family.

Version of protection

According to protection, there was no crime at all. The “Main Subscribed Agency” was created on the initiative of Alexei Navalny, who came up with a subscription to print periodicals via the Internet. The Cyprus offshore as the founder was needed in order not to advertise the name of Navalny, who was then engaged in opposition activities. The idea with a subscription did not justify itself, the legal entity did not do anything for some time. And in 2008, it took Oleg Navalny, to which representatives of Yves Rocher East turned to. The distributors of cosmetics have a problem: their products from the Yaroslavl warehouse could not deliver them to the center of Moscow in time - trucks with Yaroslavl numbers had the right to enter the center of the capital during the day. Cars were idle, the company incurred losses. Navalny Jr. acted as an intermediary and subcontractor. The “main signature agency” found the necessary counterparties for Yves Rocher - the Avtosago company. She from 2008 to 2012 and transported cosmetics from Yaroslavl to Moscow. And the “main signature agency” for several years received its interest for mediation. In the same way, cooperation was carried out with the IPC. Alexey Navalny was aware of this activity, but did not participate in it, because he does not understand this business. As for cashing: Oleg Navalny really invested in the repair of one of the premises of the Kobyakovsky Factory - in order to redeem it and make a warehouse there for expanding activities of the “Main Subscribed Agency”.

Cooperation with Yves Rocher Vostok continued until December 2012, when the office of this company came with searches and announced that the “main signature agency” was engaged in fraud. For almost two years, the Yves Rocher has never commented on the criminal case.

Judge

The process is conducted by the judge of the Zamoskvoretsky court of Moscow Elena Korobchenko. It can be assumed that this is its first thing. She became a federal judge only in December 2013, and before that she was a justice of the site No. 398. She personally met Navalny Korobchenko in March 2014. She fined a policy of 10 thousand rubles. For participation in an unauthorized action - a spontaneous rally on the day of the announcement of the sentence in the first “Bolotnaya case”.

As a justice of the peace, Korobchenko considered, for example, the case of Lyudmila Kuraeva. The activist of the “Committee for Civil Rights” and the “Observer Citizen” was accused of insulting the representative of the authorities. “A mediocre and dull schoolgirl, a loser,” this was described by the accused head of one of the departments of the Moscow prosecutor’s office, citizen Novosadov. In court, it turned out that at the time of receiving the unflattering characteristics of Novosadov was not a representative of the authorities. Elena Korobchenko sent the case back to the prosecutor's office, nothing more about him was heard.

Already as a federal judge in September 2014, Korobchenko sentenced the famous anarchist and anti -fascist Alexei Sutug to three years and one month of general regime for hooliganism - participation in a fight. Sutuga himself insisted on his innocence and that he intervened in the conflict of six representatives of ultra -right groups with three unknown people.

In the process in the case of "Yves Rocher" Korobchenko is very friendly. Several times she even smiled quietly to the jokes of Alexei Navalny. She has a quiet voice. It does not demonstrate pronounced antipathy sympathy for participants. She refused the Internet broadcast from the courtroom-on the grounds that witnesses who were not questioned in the case can see her. Sometimes it allows you to include television radiation, which can be seen in the lobby of the Zamoskvoretsky court. Usually, those supporters of Navalny who did not have enough space in the hall become the audience.

Prosecutors

The state prosecutors in the case of Yves Rocher are Marina Rozova and Nadezhda Ignatova. Rozov is older, she rather controls the course of the process as a whole, while Ignatova is much more immersed in the case file.

The first mention of pink dates back to March 2013. She became one of the winners of the contest "Best in the Profession", which the Moscow City Prosecutor's Office held on the occasion of its 80th anniversary. As noted on the website of the department, during the competition, “quantitative and qualitative indicators of official activities, the ability to build business relations with subordinate prosecutors and employees, a creative approach to the performance of official duties, etc.” were taken into account. Rozova won the nomination “Best Prosecutor of the Prosecutor's Office of Moscow”, that is, until recently she was engaged in non -public work.

Marina Rozova performed on the side of the charges of a loud case with a nationalist subtext. With her participation, 17 years of imprisonment received Orhan Zeynalov, found guilty of the murder of Yegor Shcherbakov - this crime provoked riots and pogroms in the Moscow district of Biryulyovo in October 2013.

And in September 2014, Rozov was a state prosecutor in the case of Nikita Tikhonov. For life accused for the murder of lawyer Stanislav Markelov and Anastasia Baburova, he took part in the murders committed by the group "Battle Organization of Russian Nationalists" (BORN). There was nothing complicated in the case, it was considered in a special order, that is, without researching evidence. However, Rozov was forced to ask for a break when reading the indictment - for additional familiarization with the materials. That is, it turns out that the case was written off immediately before the meeting. Rozova requested a 20-year term for Tikhonov, the judge limited himself to 18 years, blushed for life imprisonment.

Nadezhda Ignatova has a medal on his chest. She hides her with a cuffle of a uniform jacket and does not answer the questions of the Navalny brothers, for which she received a reward. The brothers begin to joke that only for the accession of Crimea. Ignatova was a state prosecutor in one high -profile case - the murder of Biker Valery Parents from the “night wolves” as a member of the three roads “Three Roads” in Yuri Nekrasov in 2012. We can say that the case ended in failure of the prosecution. Ignatova asked Nekrasov for 10 years in prison, but the judge of the Zelenograd court directly by reading the sentence changed the qualification of the crime from the murder to exceed the necessary self -defense. Nekrasov was given ten months and released in the courtroom, the Moscow City Court confirmed this sentence.

The victims

The victims in the court are represented by lawyers "Yves Rocher East" and a representative of the Ministry ofPasures. They, as a rule, do not miss meetings; Basically, they are silent and wait for their turn. Much will depend on their interrogation. Previously, Navalny laid out a photographed page of the case on his blog. This was a letter from the administrative and financial director of Iv Rocher Vostok, Christian Melnik, where he talks about "the absence of" Iv Rocher East "of any real damage and missed benefits due to cooperation with Glavli subscription LLC from 2008 to 2012."

Lawyers

Alexei Navalny, as in the Kirovles case, is defended by lawyers Olga Mikhailova and Vadim Kobzev. Mikhailova is an expert at the Center for Assistance of International Protection, which specializes in protecting the rights of Russian citizens in the European Court. It is also considered a student of one of the founders of the center Karinna Moskalenko. Kobzev was retrained to lawyers from investigators of the transport prosecutor's office. He protects the universal rights and interests of Navalny more, while Mikhailov is focused on the economic interests of his principal.

The interests of Oleg Navalny are represented by lawyer Kirill Polozov. According to the Base "Ros Advance", the case "Yves Rocher" is also the first large for him. Prior to this, the young lawyer defended, for example, a policeman who stopped the freezer in the subway and tried to take a bribe from him (repentance, 40 thousand rubles). Represented the interests of a pocket thief who stole 10 thousand rubles. in the subway and caught right there (repentance, special order, 1.8 years of imprisonment). And he even participated in the case of the illegal circulation of precious stones. The turnover was small - three diamonds, three sapphires, and as a result, a fine of 10 thousand rubles. Again when repenting the defendant. Polozov is very well prepared; It is better than him in logistics and traffic flows in this trial are sorted out only by Oleg Navalny himself.

Interrogation

More than 20 witnesses of the prosecution have already been interrogated in the case (despite the fact that more than 100 they have been declared; the investigation, for example, interrogated drivers who carried cosmetics from Yaroslavl to Moscow). Basically, these are employees of the Russian Post. The standard interrogation looks like this: the witness enters the hall, nods to Oleg Navalny friendly. About Alexei says that for the first time in his life he sees him and read about him on the Internet. The prosecutor Ignatov asks a number of similar questions about whether the Navalny Jr. Rocher East could persuade the unprofitable cooperation, using the official position. The postal officer, as a rule, replies that not, since he would not have enough authority. “Yves Rocher East” was and remains one of the few federal customers of the Russian Post-all issues with it are resolved at the level of top management of the mail.

Then the right to ask questions goes to Oleg Navalny and Kirill Polozov. This is the most highly specialized part of the interrogation, it is the longest. Here they discuss the delivery of postal items in accordance with the concluded agreements, the moment of turning the cargo into a postal departure, and so on. Then the word takes by Alexei Navalny and asks, for example, how many times the witness was interrogated at the investigation. It turns out that at least three times, without lawyers, and in the main building of the RF IC in a technical lane. Judge Korobchenko has practically no questions to witnesses, only clarifying.

Then the prosecutors file a petition for the announcement of written interrogations of witnesses in connection with “significant discrepancies” because they said during the investigation and what they report in court. The petition is invariably satisfied, despite the protest of the defense. After the announcement, it turns out that there are no radical contradictions, just witnesses in two years they could forget something. Then they once again smile at Oleg Navalny, repeat that there is no crime in his activity and leave the hall.

Such witnesses, in fact, should be a nightmare of the prosecution, but the prosecutors are calm. The most serious testimonies against the Navalny have been given by the director of the Ministry of PSCOM Sergey Shustov. He said that he collaborated with the “main signature agency” as long as it was profitable. And the fact that his company was damaged was learned only from investigators. And agreed with him. “I just trust the investigation,” he said. Shustov added at the same time that he wrote a statement to the Navalny brothers, without pressure on him from the side.

Witness of the prosecution

Of the general series of witnesses of the prosecution, only Leonid Zaprudsky, an accountant-freelancer, who was interrogated on October 21, was really broken, who, in 2007, at the request of Alexei Navalny, registered the “Main Subscribe Agency”. Zaprudsky was summoned to court before, but he did not come and was eventually delivered by the drive. To the side of the prosecution, the evidence was extremely unfriendly.

- What can you explain about the “main signature agency”? - the interrogation of Ignatov began.

“It was registered,” the witness immediately made it clear that he did not intend to say excess.

- In connection with what? - the prosecutor did not give up.

“There was an idea to do something,” the witness did not split.

- What exactly? - the prosecutor began to be annoyed.

“I don’t remember,” the witness finally went into refusal.

From his further story, it became clear that he was an accountant, and sometimes a director in many different firms. Sometimes he signed for directors, sometimes he had a seal of these companies. According to him, 90% of accountants on freelance work just that way. At the same time, he considers the activities of the “main signature agency at the stage of its formation. “I do not agree to violate the law with proposals. I don’t want to sit down, ”he explained.

“I am already tired of repeating that everything was absolutely legal. The case here is considered political, ”on this phrase of his witness, the prosecution broke down and asked to read out the written testimony of Zaprudsky, given to them during five interrogations in the IC of the Russian Federation. It followed that the witness remembers much better the circumstances in which the company was registered. Alexey Navalny paid him six thousand rubles for registration. Further, Zaprudsky led the accounting for several months. Some of the documents were signed by his daughter, who now lives in Canada and to Russia before the end of this court does not burn with desire. In April 2008, the cooperation of the Zaprud and “Main Subscribed Agency” was discontinued by mutual desire. The witness was asked if he remembers these testimonies. “Then I had a gout of gout, and the interrogation lasted more than three hours in the stuffy room. It hurt so that I could say everything there, ”he reacted. «Если бы вы выступали поменьше, не было бы никакого дела», — сказал свидетель Алексею Навальному, а на предложение судьи остаться в зале ответил: «Нет, я пойду. Тут и так понятно, чем все закончится».

На этом прокуроры объявили, что активная фаза допроса свидетелей заканчивается, и они приступают к чтению письменных материалов дела — счетов-фактур, договоров и актов выполненных работ. Олег Навальный еле сдержал зевок, достал свежий роман Захара Прилепина «Обитель» и начал чтение.

Оглашение письменных материалов дела длилось всю вторую половину дня вторника — и еще продолжится.

Andrey Kozenko