
Nevertheless, the court saved Yurchenko from the need to compensate for the damage to Gaztransky, giving the company the right to resolve this issue in civilian order. The arrest previously imposed on the property of the former head of the region was removed.
Recall that the state prosecution required four years of imprisonment for the ex-governor. He is charged with Part 2 of Art. 286 of the Criminal Code (abuse of authority). According to the prosecution, in 2010 he sold a property complex at 54 Tactics, affected by Oleg Deripaska, without an open auction. Thus, he inflicted OJSC Gaztransky, which owns the region, damage in the amount of 14.2 million rubles.
137038 The first day of the court: no one understood if Yurchenko was guilty
Vasily Yurchenko did not admit his guilt. The verdict did not enter into legal force and can be appealed within 30 days.
We give some theses from the speech of Judge Alla Funny, published by public activist Andrei Gladchenko:
The court, in particular, ruled that, knowing the legality of the auction, Yurchenko, being an official of the subject of the Federation, gave illegal written instructions that clearly go beyond his powers. The right to conduct an auction and the right to refuse to hold the owner of the property complex - that is, Gaztransky.
Yurchenko’s deliberate actions are in a causal relationship and is confirmed by the evidence submitted by the prosecution, contrary to the arguments of the defense.
The court found that the assertion that ex-governor Viktor Tolokonsky stipulated his successor Yurchenko was not confirmed; Also, the version of protection about the motives of the former head of the Department of Property and Land Relations of Oleg Gallamov for a reservation is not justified; The arguments of the defense of the evidence of the ex-director of Gaztranskom Sharapov are also untenable.
The arguments given by the defense do not refute the court’s conclusion about the guilt, and the testimonies of the persons characterizing Yurchenko are subjective.
The fact that the decision on the targeted sale of “tactics” was made by Tolokonsky was not established, Tolokonsky is incomprehensible to it. The defendant’s arguments that his letter was not subject to mandatory execution, the court finds insolvent.
The court concludes that Yurchenko’s actions are aimed at eliminating competition. Sharapov performed all the actions to cancel the auction, performing Yurchenko’s instructions.
The judge also rejected the prejudice of the Irkutsk court, about which Taiga.info wrote .
131353
The prosecution abandoned incriminated damage in the form of income tax and dividends. The court accepts the examination by 36 million and considers the damage to 13 million to be justified. However, the amount of underfented income is probabilistic in nature and is subject to exclusion from the volume of the prosecution
The damage to OJSC Gaztransky was also caused in the amount of 135 thousand rubles, of which 118 thousand are a fee to the property fund. The court recognizes this with a significant harm, and for this company - the rights of a civil lawsuit.
The arrest of property in Chaplygin is subject to cancellation. The arrest of the property of Yurchenko House, the bath, the premises is subject to cancellation.
Based on the foregoing, to find the guilty and appoint imprisonment for three years. Consider it conditional.