His daughter or "The Secret of the Investigation"

Every year in Russia thousands of genetic examinations are carried out to establish paternity. Analysis of judicial practice shows that in 95% of cases, when making decisions, the court is guided only by DNA analysis. Due to the fact that the problem of establishing paternity through the court is now very relevant, in May of this year, a decree of the Plenum of the Supreme Court No. 16 "On the application by the courts of legislation in the consideration of cases related to the establishment of the origin of children" appeared.

Despite this, not only the lower courts, but also the judges of the Supreme Court are not fulfilled to apply the decision of the Armed Forces. And one of this is the story of Nikolai Martynov, Lada Ryaznovaya and their daughter Yaroslava.

Now Yaroslava is already 7 years old, in this photo she is not even four. Here in the kitchen she plays some kind of children's game with her godfather, friend of her father. She does not have joint photos with her father: Martynov was killed in March 2014. However, the fact that it was Martynov is her father that the judges do not believe-despite the fact that the DNA expertiza is convinced of their relationship at 99,9999999994%.

Mom Yaroslava, Lada Ryrev , blames himself.

- I probably had to before, while Kolya was alive, and insist on marriage, and so that he would write down his daughter, but I was always indifferent to the legal side of the matter. It was just that I was as confident in him as a man, for a second I had no doubt that he would never leave us without support, that she did not even start such conversations. “We should have already issued you already,” Kolya said more than once, and I just waved it off. "Everything is fine with us, why are these formalities?" I thought then.

"We should already draw you up," Kolya said more than once

They met when they worked in a financial company and several times on business crossed with Martynov, a co -owner of a large oilfielder company. Martynov invited her to go to his company, to the control and audit department, Lada analyzed the purchases and intended use of funds. At first they simply worked together for about a year, in the spring of 2009 they began a closer relationship.

Lada at that time was 25, Nikolai-51, both de jure were married, although in fact they did not live with their second halves. Martynova’s wife with a common adult son lived mainly in Paris. Lada Ryraznu lived alone. They hid their relationships from colleagues.

- Kolya never talked about his wife, told only about his son, so the presence of an official family did not bother me at all. He lived mainly in the country, looked excellent, very sports, always monitored health and nutrition, only gray hair and wrinkles were given age. In general, he was an ideal man, smart, interesting, caring, generous, one can only dream of this, - Lada cries. - When I gave birth to Yaroslav, he bought an apartment, we just planned the repair. That day I came to work to discuss the estimate ... there they told me that a killer shot at Kolya at night, he was in serious condition in intensive care.

Bullets fell into the head and chest, on the sixth day Martynov died

Nikolai Martynov worked for many years in the largest Russian and international oil companies, and then organized his own business, becoming a co -founder of the Cyprus company Clinolina Holding Limited , which in Russia has in Russia for the production of equipment for oil and gas and chemical industries. Late in the evening of March 30, 2014, he returned to his cottage in Iksche near Moscow. A killer was waiting for a businessman next to the businessman’s house, who shot him several times. Bullets fell into the head and chest, on the sixth day Martynov died.

- They told me that while Kolya was in intensive care, his wife flew to Moscow, who found an album with our photographs in a safe at the dacha and found out about ours with Yaroslava. Of course, she had a tantrum, he didn’t tell her anything about us, ”says Lada, who divorced her daughter and her husband. - When Kolya died, friends arranged a farewell to us the day before, having advised not to come to the funeral. Hope, the official spouse, tears and swores, if you come - there will be a fight, they told me. Due to the album found in the safe, they learned about our relations at work, there were different conversations, including the murder on the basis of jealousy, but all kinds of versions were discussed in general.

Killer was retired Colonel Gennady Korotenko, whom Erokhin hired for 1 million rubles

The killer and the customer were searched for a long time. According to investigators, the customer of the murder was another co-owner of Clinolina Holding Limited , 35-year-old Anton Erokhin. A year before the attempt on Martynov between him and Erokhin, there was a long conflict because of one of the assets-a chemical plant. After long negotiations, Martynov agreed to sell his share for 2.5 billion rubles, Erokhin asked for time to find the money. And during this time he found a killer. As follows from the indictment, it turned out to be a retired colonel Gennady Korotenko, whom Erokhin hired for 1 million rubles.

Employees of the Federal Security Service of the Nizhny Novgorod Region, who discovered a garage with weapons and ammunition, entered the killer. The owner of the garage was Gennady Korotenko. During a personal search, a Makarov pistol (PM) was seized from him. The examination and study on Pulegilzotech showed that it was from this PM that Martynov was shot. Both Erokhin and Korotenko were accused of a custom -made murder, now the court is considering this case.

Immediately after the death of Martynov, his property was seized, and the widow, son and mother of the deceased declared the right to inheritance. Lada Ryremi filed a civil lawsuit in the Zyuzinsky court of Moscow so that her daughter of Yaroslava was established there, give her the surname Martynov and she, as a minor, could declare her rights to inheritance. Lada says that for the sake of her daughter she tried to chat with the hope, Martynov’s widow, directly to agree with her, but she did not go to contact, so I had to go to court.

Posthumous recognition of paternity is a fairly common procedure. Article 49 of the Family Code of the Russian Federation (IC of the Russian Federation) states that in this case it is necessary to prove the "origin of the child from a particular person", and Clause 19 of the Resolution of the Plenum of the Supreme Court No. 16 states that "with a high degree of accuracy" this allows us to establish DNA expertise.

Investigators did not provide the DNA material of the deceased for research due to the "secret of the investigation"

At the request of the court, investigators provided data on the DNA professional of the murdered Nikolai Martynov. They were used during the investigation. DNA profile is one of the material evidence in the criminal case. Actually, to prove the involvement of the ex-Gereshnik Gennady Korotenko in the murder of a businessman was largely due to DNA experts. The investigators did not provide the DNA material of the deceased Martynov for experts for research, referring to the “secret of the investigation”.

According to the court’s appointment, the examination was carried out at the Russian Center for the forensic medical examination of the Ministry of Health of the Russian Federation, leading the state expert institution of the country. The examination showed that Nikolai Martynov with a probability of more than 99.9% is the father of Yaroslav. An examination of the DNA of the 24-year-old son Martynov, also Nikolai, who found that Nikolai Martynov Jr. and Yaroslav, were conducted by his father with a probability of more than 99.7%, was conducted. Lada in court said that Nikolai carried all the costs of maintaining a child: she did not work after childbirth, the daughter had a nanny, they went to rest abroad, he paid for children's toys, a sports club, etc.

Martynov’s relatives said in response that the girl’s deceased could not be, because since 2009 he “suffered from erectile dysfunction up to impotence” and sexual intercourse due to the disease for a long time, brought certificates from a private clinic where he was treated.

-The judge rejected our SMS correspondence with Kolya, because I could not prove that this is my phone. The testimonies of witnesses and neighbors who knew about our relations with him, she considered it contradictory and also rejected, as well as the attached video. Friends told me that the hope, whose female pride was very wounded, more than once promised to do everything possible and impossible, if only Yaroslav was recognized as the daughter of Kolya, - says Lada. - But, however, I was still calm, since all the examinations showed that he was the father of the child. And there could be no other father there.

No question where they met, how they met and why they parted, Lemudkin could not answer

However, a certain Kirill Lemudkin came to court, who stated that he supposedly had close relations with Lada and the father of Yaroslava. Not a single question - where they met, how they met and why they parted - he could not really answer. And to the question of how she looked when they met, he said that "just like now, only thicker." In fact, Lada before the birth was a thin blonde.

An examination of DNA was again appointed, already in another institution - LLC "Center for Molecular Genetics". Lada Ryrevo again turned to the investigation, so that the specialists would be given the genetic material of the deceased Martynov, and not just the DNA profile. By this time, the criminal investigation was already completed. The investigator replied that he would give out the material if there was a court request. But the judge refused her in such a request. On the second request, to impose interim measures so that the genetic material is not accidentally disappeared, there was a refusal again.

The conducted DNA expertise showed that the probability that Lemudkin is the father of Yaroslav is 0%. And she confirmed the conclusions of previous experts in relation to both Martynovs: the eldest is the father of Yaroslava, the youngest is a brother’s brother.

According to the law, she still has a chance to revise the case if he is taken by the chairman of the Supreme Court Vyacheslav Lebedev

And then a court decision was made - Ryaznovaya and her daughter to refuse all claims, since the evidence provided is allegedly not enough to establish Nikolai Martynov’s fatherhood. Although the data excluding his paternity was not obtained in any of the examinations. Comparing the Martynov-father’s genetic profile with the Martynov-Sin's genetic profile ( from marriage with his wife Nadezhda , this kinship was never disputed.-Note ), experts came to the conclusion that the probability of their relationship is 99,999994%, but for some reason this fact was not reflected at all. In the Moscow City Court, the decision of the first instance was rewritten word for word, in the Supreme Court they rejected the complaint of Ryaznovaya, refusing it to transfer the case for consideration. According to the law, she still has a chance to revise the case if he is taken by the chairman of the Supreme Court Vyacheslav Lebedev.

Less than six months ago, the Supreme Court examined a similar case of establishing paternity of the child - it was about the murdered policy Boris Nemtsov. The decision was made in favor of the child. Muscovite Ekaterina Iftodi, who acted in the interests of the minor son of Boris, addressed the Armed Forces. She claimed that she was in close relations with Nemtsov and in April 2014 gave birth to a son from him, in the documents of the child in the column, the father stood a dash. Iftodi, follows from the decision of the aircraft, repeatedly asked for a genetic examination, since the biological material of the murdered Nemtsov was seized as part of the criminal investigation, but all the time received a refusal. The court considered that in case of refusal to conduct the examination, the norms of substantive and procedural law were significantly violated, the case was returned to the first instance for a new consideration. The examination confirmed that the deceased Nemtsov and three -year -old Boris Iftodi is his own father and son. As a result, the court recognized the boy as the son of a politician and his heir.

In accordance with Art. 8 of the Convention on the Rights of the Child, when considering a complaint about the establishment of paternity, the courts must pay special attention to the interests of a particular child

A similar case was considered by the European Court of Human Rights (ECHR) in 2009 - the Kalacheva case against the Russian Federation. The father of the child was alive, but did not want to admit his daughter. The genetic examination confirmed the fact of paternity, but the court did not want to take into account, considering that the examination procedure was violated. Other evidence - joint photos, a hostel, etc. - The judges also considered insufficient. The ECHR made a decision in favor of Kalacheva and awarded her compensation for 5 thousand euros. And at the same time he reminded the Russian authorities that in accordance with Art. 8 of the Convention on the rights of the child when considering a complaint about the establishment of paternity, the courts must pay special attention to the interests of a particular child. If, for any reason, the court considered the first analysis of the DNA unacceptable, then, according to the decision of the ECHR, he was obliged to appoint a second examination.

Lada Ryracos says that she no longer hopes that her daughter will receive at least some inheritance. According to her, nothing has left of him, since most of the assets were “registered” in offshore, and the accounts are already empty. If Yaroslav’s recognized the daughter of the murdered businessman Martynov, she would claim to be 1/8 of his inheritance (the businessman’s mother had already died and new heirs appeared for her).

- I want my daughter to have a father’s surname. She knew him until four years, loved him and remembers him very well. And he also loved her and cared for her, ”explains Ryracut. - In addition, I want the judges to finally consider our business on the merits, to deal with the examinations, thus fulfilling the requirements of the ECHR and the Plenum of the Supreme Court of the Russian Federation, which are mandatory. We do not need anything else.