"The judge is not interesting, the prosecutors will not understand"

The prosecution asked for 8 and 10 years in the colony for the brothers Navalny: the report "Medusa"

In the Zamoskvoretsky court of Moscow, a judicial investigation in the case of Yves Rocher was completed. The state accusation demanded the sentencing oppositionist Alexei Navalny and his brother Oleg to ten and eight years of the colony of general regime, respectively, for fraud on an especially large scale and legalization of funds. In the last word, the brothers announced their innocence and political background of the case. Oleg recommended that the prosecutors put on white shirts, go to the monastery and to disgrace sins there. Alexei called on all citizens who will hear him, stop “looking at the table” and start living by lies - in conditions when the whole state system was built on the lies, as he repeated many times. The process is monitored by the Special Corps of Medusa Andrei Kozenko .

The meeting began with the completion of formalities. Read the testimonies of the former head of the company "Yves East" Bruno Lepru, who in December 2012 wrote a statement to the Investigative Committee in the brothers, but as a result did not appear to court; He could not be delivered even with a forced drive. “We became aware of the possible abuses from the Investigative Committee, and we wanted to learn more about them,” Lepru explained to the reason why the current thing was born. “This was agreed with French founders.” Then the prosecutors filed a petition for the extension of Navalny house arrest for another month - until February 14, 2015. The defendant and his lawyers, of course, were against. “How can I put pressure on the investigation and intimidate witnesses when the investigation is already ending today, and all the witnesses have long been interrogated?” - indignant Alexei Navalny. The arrest expired on January 15 was extended with the only mitigation - a policy can be used by mail to communicate with state bodies and the European Court of Human Rights, which not so long ago awarded Navalny 25 thousand euros for one of the administrative arrests, recognized as unlawful in Stasburg.

The debate of the parties began, the word was taken by the state prosecutor Nadezhda Ignatov, the youngest of a couple of prosecutors in this process. “We finished the consideration of the case,” she read. “And in the trial it was found that Oleg and Alexei Navalny entered into a criminal conspiracy.” According to her, fraud in the modern world is becoming more and more resourceful, and there is nothing surprising in the fact that the brothers Navalny deceived "Yves Rocher Vostok" and another victim - "multidisciplinary processing company". After all, any criminal wants to hide his crime and benefit from him as long as possible.

The prosecutor repeated the thesis that sounded from the very beginning of the process that “the main signature agency” (GPA) was originally created by allocated for criminal activity, and not for entrepreneurial. “This fact has been fully proved,” Ignatova insisted. In her opinion, the evidence is that the “General Subscribed” was officially registered, and this was confirmed by both its technical (according to investigators - nominal) director - witness of the prosecution of Zaprudsky and other witnesses who worked in the company - the registrar of commercial firms. The brothers' allegations that the company wanted to engage in ordinary activities was considered to be “contradictory and illogical”. Why did Alexey Navalny organize an offshore in Cyprus, who became the founder of the GPA, did not understand the accusation at all: “Why does he impose his entrepreneurial activity if he is such an active fighter with corruption.”

Another evidence in favor of the fact that the GPA is a “false enterprise” is that during the entire time of its existence, meetings of shareholders were not held. Yes, and the real services of the company "Yves Rocher" (and later - the MPC) were not provided by the "main subscription", but the carrier hired by it.

Over the next 15 minutes, during which Ignatov’s prosecutor continued to read her speech, one might think that the Navalny brothers, but someone from the “Russian Post” (where Oleg used to work), someone from the top management was not working on the bench. The prosecutor listed in detail the regulations of the mail relations with customers - and how postal items are carried out. Ignatova found a number of serious flaws in the activities of the Yaroslavl Sorting Center of the Russian Post.

The fault of the brothers in fraud in the provision of logistics services is confirmed by the agreements and payment documents available in the case. What exactly - the prosecutor did not say. The money received by fraudulently - 24 million rubles from IV Rocher and about 4 million from the MPC - the Navalny legalized through the Kobyakovsky Lozoling Factory, established by their parents. The prosecutor first called the Oleg’s lease by Oleg at first, and then even doubted that he was. Oleg Navalny at that moment was extremely amazed.

The state prosecutor looped her speech and again reminded that the “main subscription” only to create the appearance of entrepreneurial activity. Half an hour ago, Ignatova read the testimony of Bruno Lepru, where he said that he learned about the damage from investigators. Now she said that these statements have no reason. And in general, they contradict Article 2 of the Constitution of the Russian Federation, which literally reads the following: “Man, his rights and freedoms are the highest value. Recognition, observance and protection of human and citizen rights and freedoms - the obligation of the state. ” Ignatov did not in any way develop this thought.

At the end of the speech, she quoted “one of the Russian lawyers of the 19th century”, which said that if earlier the abduction of property was carried out with an ax and a brush, now it is committed by cunning and deception. Ignatova instructively looked at the brothers sitting opposite. According to Guglu, under “one of the Russian lawyers of the 19th century”, Ivan Foynitsky was meant, who bore the position of “comrade chief prosecutor of the criminal cassation department of the government Senate”. The quote was taken from his research on fraud, written for the St. Petersburg Imperial University in 1871.

A minute later, those present were not up to historical excursions. Ignatova asked for Oleg Navalny eight years of a general regime colony plus two years of restriction of freedom. She demanded that Alexei Navalny give nine years of the colony (taking into account the verdict in the Kirovles case - 10 years) and also two years of restriction of freedom. “Oh, ten is to count it easier when I get rid of it,” Alexei Navalny said only. For comparison: in the case of Kirovles, which was considered in 2013, during comparable material damage, the prosecutors asked Navalny for six years of the colony, and his then “accomplice” to Peter Officer - five years. As a result, the court gave each of them a year less, and the real term was replaced the next day with a conditional one.

The word for the first time for the whole process received the lawyer “Yves Rocher East”; During the previous meetings, he rarely pronounced something except the replica "at the discretion of the court." His performance in the meaning also filed in this remark. The lawyer said that if it were not for a decrease in the bandwidth of the Yaroslavl sorting center, the company would not look for intermediaries for the transportation of cosmetics. And as soon as the center was able to restore throughput, cooperation from the GPA was discontinued. He asked to estimate the losses of the company not at 24 million rubles (as the investigation believes), and in 55 million rubles - this is the whole amount that was paid for intermediary activities for several years. The lawyer did not say a word about the guilt or innocence of Navalny. The representative of the MPC, who also said nothing of the process, noted that the position of the company "is reported to the court, there are no additions."

The lawyer of Oleg Navalny Kirill Polozov fought off the theses of the prosecution for about an hour. He argued that there was no deception by a qualifying sign of fraud, there was no deception - the property was not stolen or taken away, it was transported according to the contracts. He argued that the “false enterprise” cannot work for several years, paying taxes and salaries. That Oleg Navalny, by virtue of his duties at the “Russian Post”, could not put anyone in a hopeless position and force anyone to cooperate - there was not enough powers, moreover, he worked in other branches of the Russian Post. Polozov reminded that the administrative and financial director of Yves Roche East, interrogated in court, Christian Melnik said that the GPA provided IV Rocher services at prices at 4-18% lower than the average market. And on the direct question of the judge, he would have entered into an agreement from the GPA again, Melnik answered in the affirmative.

During a short break, Alexei Navalny approached Marina Ignatova. "Tell me, what kind of lawyer is this from the 19th century?" He asked very friendly. Ignatova in response complained about the lack of the defendant. “And in general, Alexey Anatolyevich, I don’t want to talk to you,” she snapped.

The word was already taken by the lawyer of Alexei Navalny Olga Mikhailova. She said that the political motive for the prosecution, which is “in a thoughtful and insignificant character”, is obvious to defend. According to Mikhailova, the whole case is being investigated in violation of the Code of Criminal Procedure-from the moment of its excitement. Already, at least, because Bruno Lepru wrote a statement not by the ATS, as expected, but immediately in the name of the head of the Investigative Committee Alexander Bastrykin. Mikhailova said that the name of Alexei Navalny was not initially in any of the statements. She asked the court to give this all an assessment (the defense of Navalny was already trying to appeal the course of a preliminary investigation in the Basmanny court, but he refused, indicating that the assessment should give Zamoskvoretiy a court considering the case in essence).

Mikhailova also remembered that in the case there is not a single document indicating that the brothers used their official position; The fact that in the correspondence of the brothers, at the disposal of the investigation, not a word is said about the "Yves Rocher" at all. “There is not even an episode of the crime, not to mention the participation of Alexei Navalny in this,” Mikhailova insisted. She asked her client to justify, and reject a civil lawsuit for 4 million rubles from the MPC.

Another lawyer Alexei Navalny Vadim Kobzev said: if you remove the wording like “criminal intent” from the case, “acting as a group of persons” and so on, the story of the successful business of the successful business Oleg Navalny will turn out. “All the accusation was built on the fact that trade is a deception, I bought it for three, sold it for five, so I stole two. That's all the crime, ”said Kobzev. He took out the Izvestia newspaper, one of the April numbers of 2013, and cited a quote from an interview with the head of the press service of the Investigative Committee Vladimir Markin published there. The general there directly said that if the defendant (at that time is still the business of Kirovles - approx. Medusa) actively attracts the attention of the authorities, “you might even say, tease power - here it is, they say, what I am in white”, then interest in his past increases. “That is, he directly said that the persecution was politically motivated,” Kobzev summed up and also asked to justify his client.

Oleg Navalny, even during the debate, was more interesting to talk about logistics than about his own innocence. He only noted that the crime incriminated by him is not only “intellectual” (as the prosecutor says), but also a mystical character - since the “main subscription” was created “with a criminal goal” a year before future victims turned to him. Then, turning to the prosecutors, then to the victims, he explained that he did not affect anyone; that "the throughput from the air is not taken." “We do not know where to export products, but the Investigative Committee knows. At least someone would interrogate the responsible ones. And then they must be taken out - and that’s it. Then what, to throw it into the ocean? - boiled Oleg Navalny. “I want ... No, I demand that the court justify me, and the prosecutors apologize, put on white shirts and went to the monastery to lure sins.”

Aleksey Navalny once again called the case materials "nonsense". “You want to put me for ten years, as for the murder, for the fact that I created a joint -stock company with the aim of [creating] the illusion of entrepreneurial activity,” he said. “Although you put it on the form here, the judicial mantle and create the illusion of justice.” But even in this "illusion" Navalny asked to observe decency. “In our court there was no applicant, we were not allowed to interrogate the victims,“ Yves Rocher ”spoke only in the debate, when we can no longer ask them questions,” the turn of Navalny-Sr. was indignant. - On charges of legalizing, we did not interrogate a single person, not a single document. Where is the money? Who filled his pockets with stolen money?! "

Oleg and Alexei Navalny again received a word - the last in this process. “I would quote you the“ process ”of Kafka or the monologue of Juls from the“ criminal reading ”, but this is not interesting to the judge, and the prosecutors will not understand. The only reason for this matter is my brother. And I urge Alexei in any situation not to leave the struggle. His activity will help us to live in the best world, and not in that which the State Spopaganda shows us and which is ruled by a dwarf with a black soul. Need to pay for it? I'm ready. My term is ridiculous in comparison with things that we are discussing here, ”said Oleg Navalny.

See also: "The lies have become the essence of the state." The last word of Alexei Navalny

Alexei Navalny began by the fact that over the past couple of years, taking into account the appeal, he has been pronouncing the fifth or sixth last word. This time everything was addressed to the “looking at the table” - Navalny was clearly inspired by prosecutors who did not raise their eyes on the defendants.

He said that many times the police and investigators said one phrase to him: "Alexey Anatolyevich, you understand everything." “I understand,” the politician made his speech. “But I don’t understand what you are hiding your eyes and look at the table.” People who look at the table shrug in response to our words with their shoulders, do nothing themselves - this is our battlefield. Life is too short to spend it, looking at the table, and then lie on the bed, surrounded by relatives, and understand that everything was in vain, wasted. ”

Navalny recalled Peter Officer, convicted of the "Swamp case." “Tell me that it catches me very much. I’ll say badly, but I’ll say it anyway. I will not even stop taking hostages. I will continue my struggle, ”he said. At the same time, he urged to pay attention to the fact that his brother is not a political activist, and asked to leave him alone.

“I thank everyone for the support, I urge you to live not by lies. Isolate me, put me - another will come. I did not do anything unique, ”Alexei Navalny finished his speech.

The verdict of Navalny’s brothers will be passed on January 15, 2015.

Andrey Kozenko

Moscow