The results of the case of the Brothers Navalny

Oleg goes to the colony, Alexei will be able to travel around the country

On February 17, the Moscow City Court left almost unchanged the verdict to the brothers Alexei and Oleg Navalny in the case of Yves Rocher. Alexey Navalny remained for three and a half years for fraud in the field of entrepreneurial activity and the legalization of funds. Oleg will serve the same term in a general regime colony. Thus, the decision of the Zamoskvoretsky court of December 30, 2014 entered into legal force. The board of judges from the appeal instance canceled only a fine of 500 thousand rubles for Alexei Navalny. The opposition politician has further strengthened that his brother would be kept in prison as a hostage. The prosecutor’s office again asked for the brothers eight (Oleg) and ten (Alexei) years in prison, but the Moscow City Court did not seem to hear the prosecution. The department has already stated that they were dissatisfied with the verdict. The process was followed by the special corner of the "Medusa" Andrei Kozenko .

Oleg Navalny did not even deliver to the Moscow City Court, he was in the video - he was in a special cell of pre -trial detention center No. 2, “Butyrki”. Oleg told his brother that he was sitting in the same cell with Belarusian, Moldavian and Kubanoid. “More precisely, he is from the Rostov region, but we asked us to send us a letter from the will - there they explained that he was Kuban,” Oleg Navalny shared. “You have there in the“ road ”chamber (a way of transferring parcels from the camera to the camera-approx.“ Medusa ”) or is there something like that?” - asked Alex. “I don’t understand what you are talking about,” his brother answered him. - What other “roads”! I have a small green book about the rules of the internal routine. I honor her! "

A three judges entered the hall, the appeal began.

The verdict of Navalny’s brothers in the Yiv Rocher case was issued on December 30, 2014. They were accused of fraud and legalization of funds. Allegedly, Oleg Navalny, with the active assistance of Alexei, provided logistics services at an overstated price for the company Yves Rocher East and the “multidisciplinary processing company” (MPC). The state prosecution asked for eight years for Oleg Navalny and ten years for Alexei. The brothers and their lawyers completely denied guilt; Alexey said that he was pursued for political activity, and Oleg is taken as a hostage. Taking a sentence, the Zamoskvoretsky court changed his qualifications from fraud on entrepreneurial fraud - this is a more “mild article”. Oleg Navalny received three and a half years of a colony of general regime, Alexei - as conditionally. Plus, a fine of 500 thousand rubles was imposed on each of the brothers.

The verdict did not suit any of the parties. The prosecutor's office considered it too soft, the defense asked to completely cancel it. In the Moscow City Court, both sides briefly repeated their main theses. Not a single representative of the victims - “Yves Rocher East” and the MPC - this time did not come to court. The state prosecutor Nadezhda Ignatov said that although the Zamoskvoretsky court as a whole and correctly dealt with the circumstances, the verdict was conflicting and soft. Founded by the brothers, “The Main Subscribed Agency,” said Ignatov, was not originally created for entrepreneurial activity, it was needed only for fraud. Therefore, the prosecutor’s office insists on his own: eight years for Oleg and ten years for Alexei.

The lawyers of the Navalny brothers to the verdict of the Zamoskvoretsky court had much more complaints. The defenders said that on December 30, he was not in full - and that should only be canceled. The Zamoskvoretsky court, according to them, was not entitled to appoint a conditional term to Alexei Navalny and at the same time leave him under house arrest - this also contradicts the Code of Criminal Procedure. Changing Oleg Navalny subscribing to the defense of the arrest under an economic article, the court also acted illegally, depriving the convicted right to defense.

Lawyers received a verdict only after the New Year holidays and found that he was a “copied indictment”. The court took into account the evidence in the verdict - financial and other documents, the testimony of a number of witnesses - which were not studied at all during the court hearings. The lawyer of Alexei Navalny Olga Mikhailova said that 30% of the sentence is documents not studied by the court. She called the combination of house arrest and the conditional term of her client. Lawyers tried to appeal the measure of restraint by Alexei Navalny before the New Year, but the Zamoskvoretsky court refused them, noting that this could not be done separately from the revision of the sentence. “However, the conflict is,” Mikhailova was indignant. - The day after the sentence in the case of Kirovles, this happened exactly this. He was replaced by an arrest under the recognizance not to leave, leaving the sentence himself at that time unchanged. ”

Ignatov’s prosecutor did not agree with all these arguments. However, at the same time, she asked to read the documents from almost everyone (in total in the case of 128) of the volume of the case “Yves Rocher”. These are mainly accounting documents. Lawyers later said that with such a request in the appeal instance they had never encountered once in their lives. Mikhailova stated that the prosecutor asked to announce all those documents that were not investigated in court - thereby the Moscow City Court would legitimize the verdict of the Zamoskvoretsky court. The judge satisfied the request of the prosecutor's office.

Navalny, who previously used all his courts as a stand for political statements, was silent. He only indicated that all the requirements of the prosecutor’s office are not based on the law and not on common sense.

The defense asked for a break for at least a couple of days - to study in advance the documents that the state prosecution wants to announce in order to then say whether they agree with these evidence or consider them unacceptable. "After all, you have a client in a pre -trial detention center, deprived of freedom, do you definitely need such a break?" - asked the presiding judge Ekaterina Fesenko. Reading documents eventually began in twenty minutes.

They read “Electronic correspondence in a foreign language”, freight invoices and goods and rental invoices, payment orders for amounts from 700 to a thousand rubles. Letters of the investigator to the victims. In a word, everything that the Zamoskvoretsky court entered into the verdict, but he forgot to discuss this with the participants in the process. Reading took about two hours.

During the short debate, the prosecutor's office and protection still remained with their own. Nawalno, who had never really smiled during the day, demanded in the last word: “Immediately free my brother, who is taken hostage for my political activity.” Oleg Navalny, on the contrary, was cheerful and talkative. “I will be a little bore,” he said, and again, as in the Zamoskvoretsky court, he said that he was conducting ordinary entrepreneurial activities, to the leadership of the Russian Post, no matter what the charges, he could not and did not want to put pressure. In Yves Rocher, he reminded him, they were satisfied with the “main signature agency”. “And the legalization of funds by paying taxes is too much. I don’t know where the prosecutors are taught this, ”he said. Oleg Navalny boasted in front of the three judges, which only today he made toy chess and caught a dove, stuck between the glass and the grille of his chamber. “Free, I could be much more useful,” Oleg Navalny hinted. “In any case, you will go down in history, let's do it positively,” he called on the judges.

The three went to the meeting, it lasted about an hour.

“Victoria Valerievna, I love you beyond measure,” Oleg Navalny broadcast from the TV, addressing his wife. - And indeed, hello everyone - mom, dad, honest journalists! ” Oleg Navalny said that the main question that excites the Butyrka is the price of oil. Everyone is afraid that the state will become poorer, and this will affect the investigators and convicts - they will be worse fed. He said that for the sake of appeal he missed dinner (“If they preserve the arrest, I was going to say that it would be better to have dinner,” he was awake). And besides, since March he issued a subscription to the main periodicals.

“Yes, in March, you will be transferred to the colony, your subscription will disappear,” Alexei Navalny was not an optimist.

“Young man, this is the post office, nothing disappears here,” Oleg Navalny answered this. - My subscription will follow me in the stages.

The judges read out only the resolutionary part of the decision - without explanation. They said that they decided to change the verdict of the Zamoskvoretsky court, but the deadlines called the same - three and a half years conditionally for Alexei Navalny and three and a half years of the general regime Oleg Navalny. "What are the changes?" - asked the brothers. The judges specified that a half -million fine was removed from Alexei. “Without changes? Well, I'll go then, ”Oleg shrugged. Alexei again repeated his theses that his brother is a hostage, and he would not leave it like that.

Thus, for the first time in three years, the opposition got the opportunity to freely travel around the country (it is impossible to abroad until the beginning of 2020, until the five -year trial period passes). The first trip, apparently, will be in Vladimir, where the trial of Navalny’s ally George Alburov will soon begin, who is accused of theft of a local artist.

The state prosecutor Nadezhda Ignatova said that she was unhappy with the verdict. With further actions, the prosecutor's office will be determined after it receives its text. The verdict of Navalny’s brothers will be appealed in supervisory instance and in the European Court of Human Rights.

Andrey Kozenko

Moscow