"Particularly dangerous certificate"

The brigade of five investigators was looking for compromising evidence for a lawyer and his principal even in a children's closet

The process of the process
Court : Basmanny District Court of Moscow
Applicants : Lawyer Alexander Lebedev and his defender Henry Reznik
Stage : Consideration of complaints about searches for a lawyer and initiating a criminal case against him
Solution : searches were carried out legally, the case was also legal

Morning. Before the eyes of Judges Natalia Dudar, comments on the Code of Criminal Procedure, textbooks of leading domestic scientists and professors and the Code of Professional Ethics of a Lawyer, are now and then. All this literature deftly and with excitement will be taken out of his portfolio Henry Reznik for two hours - and quoting, as he himself says, “alphabetical provisions of criminal law”. He even quotes Mizulin, who, being a deputy of the Supreme Council and heading a working group for the adoption of the Code of Criminal Procedure, "converted her boilful activities for more peaceful purposes and for great benefit." Including, she wrote a commentary on the provision of the Code of Criminal Procedure that the information collected by the defender acquire the status of evidence only after they introduced them to the investigator to the case file.

Reznika enthusiastically listen to the 17-18-year-old students of the graduation courses of the Moscow State University-future lawyers, judges, investigators, prosecutors who specially entered the court. On the faces of the judge, her assistant and secretary, prosecutor and investigator are confused half -smiles. The result of the Reznik lecture is a rarity atypical for our ships: the Dudar attaches to the case a copy of the quotes marked by the Reznik and excerpts from the classics of domestic jurisprudence.

But otherwise - in the main thing - the judge will refuse. He recognizes the initiation of the case against another lawyer, who came to defend the Reznik to the court as the vice-president of the Russian Bar Chamber and the head of the Commission for the Protection of Professional Rights of Lawyers.

... The troubles of the young lawyer Alexander Lebedev began in the fall of 2017, when he took over defending the defendants of one economic dispute. At first glance, it was uncomplicated: embezzlement, group of persons, especially large size. Only one “but”: the son of the General Prosecutor General of Chaika Artem Chaika passes the victims in the case.

As Novye already wrote, in 2014, the owner of the owner, the only founder, became Artem Chaika in 2014 LLC. The transaction was preceded by an audit that did not reveal any violations in the financial and economic activities of the LLC. However, three years later, the company's top management initiates a criminal case against its old owner Sergei Vilshenko and former managers. According to investigators, in 2012-2014, the “Crime Group” stole 146 million rubles from the company, transferring money under commercial agreements on the supply of goods and the provision of services from Berdyush accounts to the accounts of other LLCs.

The accused among others was Catherine Krasnikhina. Despite the fact that her child was a month and a half from the family, the woman was placed in jail on October 23, 2017. The reason for a change in the preventive measure (before that she was under house arrest) was that the young mother, according to the investigator Oleg Silchenko (that from the Magnitsky list), "violated the prohibitions imposed on it by the court." In particular, she allegedly communicated with witnesses in the case and talked on the phone (evidence of which, however, was not presented), and one of the days was absent at the place of residence of the over time allowed by the investigator.

As Krasnikhina herself explained to the court, with the permission of the investigator on October 12, she took her son to the perinatal center for testing and medical examination. But when they returned home, she got into the cork. The defender Krasnikhina Alexander Lebedev submitted a certificate from the doctor to the court that she was really at the reception. Actually, Krasnikhina in the Tver court for the first time announced the name of Chaika Jr., suggesting that she became the accused due to the fact that she personally drawn up in 2014, according to which Artem Chaika was supposed to pay Wilshenko for his share of about 4.6 billion rubles-this is how the parties to the transaction determined the real market value of the company Berdyash. As Krasnikhina told the court, for some reason he did not want to pay. The deadline for fulfillment of obligations occurred in July 2017. And just in July 2017, a criminal case was opened against old management. So the dispute of business entities, the jurisdiction of the arbitration court, was transformed into a criminal case.

Four days later, Krasnikhina’s imprisonment in the pre -trial detention center, after publicity in the media and the interventions of the Commissioner for the Rights of the Child and the Deputy Prosecutor Great, the woman was released to the infants. The same investigator Silchenko, who 4 days ago and asked to send a woman to a pre -trial detention center, petitioned for a change in the preventive measure. However, after the release of the nerves, the accused did not cease to chat - the investigation will deprive her of the defense in the person of Lebedev’s lawyer, initiating a criminal case against him under Part 3 of Article 303 of the Criminal Code of the Russian Federation (“falsification of evidence in a criminal case of a serious or a particularly serious crime”).

Allegedly, the certificate of a pediatrician, whom the lawyer received from Krasnikhina immediately before the hearing and submitted it to the court, was false. Although the certificate was not evidence in the embezzlement case and could not be. Roughly speaking, the case “On embezzlement” from this certificate was neither hot nor cold: it served as a basis only to refute the investigator’s arguments in court about the need to tighten the preventive measure. In addition, the decision to detain Krasnikhina was canceled as illegal, and the conflict with a certificate automatically exhausted itself.

But the investigation manually attached to the pursuit of a lawyer.

The investigative brigade in the case of a fake certificate included as many as five investigators of the UK (three were seconded from the Republic of Komi, Murmansk and Nizhny Novgorod), and the FSB was attracted to operational support.

Moreover, in the resolution on the creation of an investigative group in the "Case of the Help", the acting Deputy Head of the Main Directorate for the Investigation of Particularly important cases of the Investigative Committee of the Russian Federation, Major General of Justice Golkin, wrote about the “special difficulty of the investigation” and “public resonance of the case”.

The investigative measures in the case of the certificate were large-scale: with searches they fall into the house of a lawyer, into the lawyer’s office and the apartment of the elderly mother of his acquaintance, where he was once registered. Everywhere they are looking for papers that can shed light on how exactly the lawyer defended his client. They are even looking for a lawyer in the clothes of children, methodically digging in children's t -shirts and underpants. Moreover, the investigator personally did this in the rank of lieutenant colonel - Mr. Chekhovich. The search took place from six in the morning to six in the evening, the investigation team did not find anything and left with nothing.

Another investigation team will interrogate the pediatrician Safronov, who issued a certificate from Krasnikhina. The woman will subscribe to the testimony that she gave the paper "being misleading." Although by that time, lawyer Lebedev will present confirmation that Krasnikhina was really visited by Krasnikhina: she will interview her mother, who was waiting for her from a medical center with a stroller; he will interrupt the waitress of the cafe in the medical center, where Krasnikhina was eaten; will receive documentary confirmation from the cafe - a check on payment of an order, etc. But the criminal case was still not terminated.

Ekaterina Krasnikhina is now getting acquainted with the materials of the case of the house, and her lawyer appeals searches and tries to achieve the termination of the criminal case against herself. He is accompanied by Henry Reznik to the capital's courts.

“I came to defend not a colleague, I came to defend the Institute of Advocacy,” Reznik will tell the opponents at a meeting of the Basmanny Court. - The Federal Chamber of Lawyers and the Law Chamber of Moscow consider this case as a declaration of war to the lawyer, as an attempt on the foundations of our profession. Signs of a crime (I emphasize: even signs, not like a composition) in the actions of Lebedev’s lawyer. It feels like the investigation happened in the brain damage. They endow their evidence in a pre -established force and refuse the right to critically refer to these evidence not only protection, but also to the court! In their representation, it cannot be such that the defense does not forge anything. And I just be in conjecture, how, in whose brain this case could be born against a lawyer could be born? I just physically cannot imagine that it could appear at the direction of the Prosecutor General. At the direction of his son? Yes, in the case of embezzlement, the victim is Artem Chaika. But to assume that, excuse me, such a fitle as the son of the prosecutor general can twist the Investigative Committee. It's just funny.

“Regarding“ damage to the investigation in the brains, ”investigator Moskvin responded at the meeting. - I am the only representative of the UK here, and I accept this remark at my own expense. I inform you that I do not notice this for myself.

Investigator Moskvin and prosecutor Dudnikov informed the court that the case against Lebedev’s lawyer was “reasonably”. Despite the fact that the Moscow City Court recognized the searches in the lawyer’s apartment in his lawyer’s office at the place of the previous registration illegal, and sent the case for a new consideration, obliging the Basmanny Court, among other things, to investigate the illegality of initiating a criminal case against a lawyer.

“And this was decided by the Moscow City Court, whose judges I cannot suspect in an excessive reverent attitude to the presumption of innocence ...” Dudar Reznik drew the attention of Judge Dudar. Dudar studied in an advisory room for half an hour about the illegality of the initiation of the case. And decided: everything is legal.

And Reznik with the client went to the next hall - to the Lenskaya judge, to appeal the search in the lawyer’s office. Two more hours of performances and attempts to explain: no one fabricated the notorious certificate from the doctor, she is only a formality to eliminate the lawyer from the case. And again the refusal: Lenskaya recognizes the search legal. The sixth hour of the evening. From nine in the morning, the Reznik participating in the meetings without any breaks goes to the judge of Nikolaeva: also a complaint about the search, now already at home at Lebedev. Again, Reznik's lecture on the essence of evidence, again textbooks, quotes from the monographs of the coralis of the advocacy and attempts to explain the obvious. Seeing that Judge Nikolaev does not at all listen to him, Reznik falls silent. The judge questioningly takes his eyes off his papers.

- I'm used to it, your honor, that when I say, the judge at least pretends to be interesting ...

- Continue. The court hears you. And at the same time is not obliged to look into your eyes ...

And soon the refusal is also: the search is legal.

The process ultimately turns into a ping-pong: the defense will send a new appeal to the Moscow City Court, which, most likely, will once again return the matter to the basmanny.

“I would like to say that not a single person involved in this adventure will avoid responsibility,” Reznik will finally say to the opponents. They will be silent. - I will continue to resolutely protect the institution of advocacy from people who, apparently, do not like the adversarial process, and the actual activity of a lawyer seems only an annoying misunderstanding, which must be eliminated from participation in the case in all possible ways.