Fighting rates are growing

The case of Khudoyan: the attempt to solve a commercial dispute was undertaken right in the investigator’s office?

On Monday, July 8, the Moscow City Court changed the preventive measure from home arrest for maintaining Optima Development by the owner of the company Optima Development Albert Khudoyan. At the same time, the main emphasis in the court decision was placed on the fact that it could hide from the investigation.

Boris Titov, Commissioner for the Presidential Rights of Entrepreneurs, criticized the decision of the Moscow City Court, saying that the argument about the possibility of hiding is “not very convincing”. At least because the accused handed over a passport to the investigation. “In addition, of course, there is every reason to look at part 1.1 of Article 108 of the Code of Criminal Procedure, which prohibits detained by accused in economic crimes in the field of entrepreneurship. And the case of Khudoyan is connected with the property dispute, ”Titov emphasized.

Not only the arrest, but also the criminal case against an entrepreneur who is accused of “illegal acquisition of the right to long -term lease of land” looks very strange.

At the disposal of “New” there is a “crime statement”, registered on August 23 last year, and the “Decree on initiating a criminal case”, issued by the senior investigator of the 11th department of the Main Directorate of the Ministry of Internal Affairs of Russia in the city of Moscow, Major Marina Malyshkina.

The second document is dated December 14th.

It turns out that the investigation for a long time (almost four months) did not dare to initiate a criminal case.

Perhaps, because from a statement about a crime it follows that back in 2016, business partners had a corporate dispute. But the party, which considered itself infringed, for some reason did not begin to defend its allegedly violated rights in the arbitration court, but decided to attract the Ministry of Internal Affairs to her sequenary. It is noteworthy that the “statement of the crime” was signed by a certain Sergey Govorukhin, who at the time of filing the application and is now wanted in another criminal case.

After the criminal case was initiated for six months, the investigation was carried out neither shaky nor fluke. The same Khudoyan was called for interrogations as a witness. Receiving the summons, he conscientiously came to the police, testified. And in June, investigative actions were unexpectedly forced. On June 13, investigator Malyshkina issued a decision on the drive of Khudoyan to “investigative actions”. Although no summons of Khudoyan, who was at that time in the status of a witness, was not headed.

It took a little more than an hour for the investigators to bring Khudoyan to the investigator. Two confrontations were immediately held. During one of them - with a representative of a company recognized as a victim - an event described in a statement about a crime sent to Albert Khudoyan, the head of the Investigative Committee of Russia, Alexander Bastrykin.

In the statement registered in the reception of the Investigative Committee on July 5, 2017, it wrote that the representative of the victim immediately made him understand: after the completion of the confrontation, Khudoyan will be changed from the witness to the accused, and he will be detained and sent to the pre -trial detention center. And he suggested "resolving" the question. For a multimillion -dollar reward. “... promising that in this case the criminal law pressure will end at me. Law enforcement officers who were in the office did not respond to what was happening, behaved passively, allowing and encouraging illegal requirements ... ” - wrote it in a statement in the name of Bastrykin.

Investigative actions lasted until late at night. When it has already come on June 14, Albert Heroyan was really detained. A day later, Khudoyan was taken to the Tver District Court of Moscow for consideration of a petition for the content of the accused in a prison cell. But the court limited himself to house arrest.

On July 8, it was scabing independently (unaccompanied by the FSIN employees) to come to the Moscow City Court for consideration by two appeals about the decision of the court of first instance: the entrepreneur himself asked to replace the home arrest for a recognizance not to leave and pledge, and the prosecutor’s office insisted on maintaining Khudoyan in jail.

Before the start of the hearing, I managed to talk with Albert Khudoyan.

“This is a criminal case - an attempt to take my business, estimated at $ 400 million,” said Harriyan News.

- I read your statement directed in the name of Bastrykin. And, I admit, I do not believe that extortion is possible in the building of the Ministry of Internal Affairs in the investigator’s office ... ”I asked Khudoyan.

- My lawyer and I are ready to undergo an interrogation using a polygraph. And we will insist that the “victim”, his lawyer and investigator Malyshkin, resolutely stated, said in the same way with the help of a “lies detector”.

"New" will monitor the development of events.