Nothing personal

The story of the hostage Gayane, who has been sitting for the sixth year for robbing her stepfather

Gayane wakes up at three in the morning, when the "girls" in the cell are still sleeping. They have even relationships, they don’t have anything to argue about, except about programs on TV: the neighbors do not share the craving for classical music, but it’s hard for her to think and write to her. Getting up, Guy covering the sleeping with gray blankets sleeping to open the window in a smoked chamber, and sits down to write a letter to me. We are not familiar, but she hopes for me, and the letter will be transferred through lawyers. It is a little karakules: although the light in the cell never turns off, it is dim, and the pose is probably uncomfortable.

“I watched all my childhood, adolescence, tossed, felt the love of the family. We were friends, teachers ... I breathed a family. My father did not just put me, he took the air from me. ” The story about Georgia, where she is alone, and then with the sisters, spent her childhood with Grandma and Daeduli, then-briefly-about Khanty-Mansiysk. Then Moscow, the Financial Academy, two lines - Oxford and Germany, then collapse, three more years of madness and colony in Vladimir, she is a nanny in the house of Malyutka.

The words “love” and “family” are repeated in a letter and when she proceeds to describe the conflict with a stepfather, continuing to call him a dad. These are no longer the words in which you need to describe what happened,

But she does not know others well.

On December 31 of last year, Gayane was supposed to be released after the Supreme Court intervention in its case (which in itself is very rare) and reducing its 6-year period of imprisonment. However, the deputy chief of the 1st department of the SU OF SU SEA, Irina Panova, petitioned the district court about the new conclusion of Gayan, in a different case: now about laundering income, for which (Article 159 of the Criminal Code of the Russian Federation, fraud), the girl was convicted in 2015. This is a terrible mockery - after a flickering hope of justice, it is difficult to survive in prison. Guy is trying to tell about this in the letter, but again it turns out about the "family" and "love."

The world itself is not cruel, cruel and the same people are always specific people - judges, and this is the same one from the SU SU of the UVD in the SEAO, who, by age, is just suitable for Gayan in the sisters and, as they say, beauty. Such a beauty that in her application three times calls the recently formed second cassation court the second constitutional-why do they also know the laws with their beauty?

And now we will tell you by others-dry-with the words about the events in which Gayane wanders out of their ignorance, as in the forest.

An entrepreneur with Georgian roots, Natalya Cyclairi, began business in the late 80s in Khanty-Mansiysk, Gayane Zainabutdinova (father) was born in 1988. She went to school in Georgia, but in 2003, grandfather and grandmother moved to help her daughter in Khanty-Mansiysk, and Guy moved to a Russian school. Father left them in the early 90s, and when she was 6 years old, a stepfather appeared in the house-Altai Octaevich Huseyn-Zade, whom she accepted, "because she again saw a smile on her mother's face." And in 1996 and 1998, she got her favorite sisters Sabina and Cecile.

The family lived on a patriarchal structure: in the house, my mother did not recalculate anything to her husband, he “said that the military, in the business, did not understand anything” and received money from the cyclair. In the process of divorce and division of property in 2012-2015, both poured so much dirt on each other in different media that to figure out who was actually successful in business is no longer possible. But in the three LLCs who owned trading real estate and a residential building in the Odintsovo district, all shares were decorated on cycles.

In parallel, Cicelsuri acquired a business in Germany: some hotel and courts. Huseyn-Zade, who replaced the name and surname to Arthur Isakov and performed several plastic surgery, dreamed of getting a residence permit there. In 2010, he submitted an application to the German Embassy, ​​indicating that he invested 10 million euros in German business. This led to the initiation of the case of laundering of income: offshores of dubious affiliation, a change in data and appearance, apparently, seemed suspicious to the German police. By the efforts of Ciceluri, who proved that it was about the money earned by her in Russia, the case was discontinued, but this story did not go without a trace for their relationship.

In a letter from the pre -trial detention center, Gayane is trying to restore this from memory, but we see fragments: she still did not understand anything or, rather, was afraid to understand. Meanwhile, she graduated from the Financial Academy, the course in Oxford, wanted to break out of the family business where she was not herself, but the family’s sheet did not allow her to do this, and she was forced to do something in Germany under the leadership of her mother all the time. And in the Odintsovo district, Isakov collected a weapon and installed systems for surveillance around the house, and his “concern for security and the fear of the fact that the world is aggressive, resulted in a domestic prison,

But the sisters and I took it as a care. "

Family idyll collapsed on May 10, 2012 - on the day of the last conversation of Gayan on the phone “with dad” (with the arrow it was added: “Military strategist”). He was “as if replaced, he shouted:“ I will destroy you, I will find the prosecutor’s office, FSB, you are no longer there! ” I did not believe, I reproached my mother, because only one could not be to blame. ” But my mother arrived a few days later from Germany with bruises and a broken finger.

"The doors of hell opened."

For more than three years, in the absence of cycleseri, who could not enter Russia, Gayane, which her mother appointed the director of three LLCs, fought back from claims that fell from completely incomprehensible firms, rushed between the Sabina’s middle sister and the Cecil school, the 14-year-old, the lessons walked and the lessons were unknown where. And in the house where the sisters remained, the old grandfather and the half -oping grandmother, from time to time, someone else crashed with searches.

The most ugly “check” (the arms room of the stepfather) with the participation of certain law enforcement officers happened on June 25, when Gayane was not at home - she rushed at the call of her sister. Grandmother was taken to the hospital on the verge of a stroke, Sabina was beaten (from her words, her father beat her with a bag with a shot) and also left for three weeks in the hospital with a concussion, but the criminal case was not instituted.

But there was a case of fraud against the cycleseri, and in its absence, only the director - Gayane could now get it on it. As well as for interrogations, she went under the subscription about the lower room, no one thought that she could be sentenced to a real time until on December 9, 2015 the verdict of the judge of the Lefortovo District Court of Elena Kaneva: 6 years old. When the deadline for possible parole came up in the Vladimir colony in 2017, Isakov received a letter in the name of the administration, which he notified that Gayane had not yet paid him 78 million rubles in accordance with the court decision on the civil lawsuit in the criminal case. But all that has been the graduate of Oxford remains two baul of papers and rags that she carries with her from the colony to pre -trial detention center and back - and forget about parole.

Through what evil and crooked optics could you see in Gayan not a victim of a showdown between parents, but a criminal who deserves isolation from society? After all, there is enough understanding that it was not she who made decisions. The judges, already forgetting the meaning of this formula, suffered by too frequent use, justify such sentences in the spirit of "legal positivism":

Like, what can you do - "the law is the law."

The dressing in the eyes of Themis symbolizes not at all such blindness, but also to refute the “positivism” with packs of complaints in the same otherworldly logic.

The lawyer Veronika Bondarenko, who defended Gayane in the first court, went to her colony for a month - she carried products and books. And in 2019, in order to file a complaint in the ECHR, along with her, lawyers Natalya Zemskova and Anastasia Samorukova entered her. Their arguments are much more sophisticated, but allow us to conclude about the causes of the electoral blindness of investigators and judges.

The law applicable to the dispute about the division of property between cyclauri and Isakov was not criminal, but family and civil codes. Cyclauri was charged that during the period of the property of the property she, the owner of the shares in the LLC (Isakov never had them), having not received his consent, decided to sell some real estate objects that the company owned, on the acquisition of others and “kidnapped” the difference in prices.

Perhaps, from the point of view of business ethics, Ciceluri and Shitril, but Isakov hardly behaved ethically. By law, he had the right to half the value of the acquired in marriage (including shares in LLC), but not to the property of firms in which he was not a participant. At this stage, Isakov did not submit an application for joining the LLC, did not demand the value of shares, which no one “abducted”, did not demand. To proceed (as the investigation did, and the judges followed by it) from the fact that the spouse can prohibit something in the activities of an LLC, where he no one would mean to break the Civil Code that regulates such relations. This is the position of the Plenum of the Supreme Court of the Russian Federation (such cases are not single). All civilian courts about the division of property Isakov lost. Everything turned the other way only when a criminal case appeared.

And here, contrary to the well -known rule, it can be argued: after that, it means, as a result, there are no other reasons. The proof is that after the forced departure of the cyclauri and the neutralization of Gayane with the help of claims, interrogations, the court, and then the planting of the stepdaughter Isakov was registered as a member of the LLC, in which no one accepted it. This could happen as a result of falsification of documents or due to the error of the tax inspectorate, and there was now no one to appeal it.

And here, according to the documents of the same LLC, who also own the house in the Odintsovo district, a certain Vyacheslav Efimenko also appears as the owner of a shares, before that unknown (in any case, cycleseri). There are messages about him on the Internet (however, not on the most reliable sites) as a lawyer who has successfully implemented a number of raider seizures in Moscow, the Moscow Region and Ryazan.

New lawyers in the process of preparing a complaint in the ECHR also made a complaint addressed to V.M. Lebedeva. Almost five years after the refusal in the Moscow City Court, the chances that someone would pay attention to her in the Supreme seemed ghostly. But - Oh miracle! - On behalf of Lebedev, the judge of the Armed Forces Yu.V. Sitnikov. On November 13, the answer was received that the case was sent to the supreme in the newly educated second cassation court, whose judges were instructed to once again delve into complex arguments of the defense.

On December 12, Efimenko appeared in the second cassation court, which had just entered a beautiful new building, reminding that Gayane owed 78 million rubles to Isakov. Immediately after the start of the meeting, a break was announced for three hours. In this case, Efimenko acted only as a representative of Isakov, but, opposing a reduction in the deadline, showed awareness of the stages of the investigation in the case of laundering income (in more detail a little lower). Gayane’s term was nevertheless reduced, but only on the grounds that in 2015, Judge Kanev did not take into account the circumstances mitigating her guilt. All other defense arguments were left unanswered.

Having calculated all the deadlines with the tests, the lawyers began to discuss which of them would meet Gayan from the pre -trial detention center on December 31 - after all, she has no one else in Moscow. But investigator Irina Panova, as we already know, filed a request for Gayan’s conclusion in the case of “laundering of income”. It was excited back in 2015 to the main one, while the investigative actions in 2019 were completed, but specially resumed (here again “positivism”, but it is he who proves simple human meanness). If the case went to court on time, the punishment would be absorbed by the Gayane left for a term.

The meeting of the Kuzminsky court took place on December 20. The lawyers took into account that the Ciclawi family was forcibly evicted from the house, and ahead of time they signed an agreement with family friends about the gratuitous provision of housing Gayane. These people came to court and confirmed that they have known her for a long time and are ready to settle. The court did not have other grounds, except for the “lack of permanent place of residence in the territory of the Russian Federation”. In the break, investigator Panova went to the judge’s office and, from the words of lawyers who accidentally found themselves under the door, discussed this case with her loudly (such a statement of protection was entered into the protocol). Judge Elena Kazan sent Gayan into custody -

And there the “laundering” will ripen, and she will go for 5 more years to the colony.

There are no relevant telephones of Arthur Isakov and, especially Vyacheslav Efimenko, in the materials of the court cases. In the tax documents of all three disputed LLCs that are in the public domain, there are no contacts, which is unlikely by accident. In the materials there was a phone of a certain G., which was listed as the director of these LLCs, according to which I called to offer Efimenko to express my point of view. A dear man answered me that he had not talked with Efimenko for more than a year, all the firms moved somewhere and he could not help. This is a lie - G. was in the second cassation court along with Efimenko, which the lawyers told me about. Well, let Efimenko now look for me, if he has something to say.

But this is not a genre of journalistic investigation, but a sketch of morals. After walking along the offshore chains, we would not find Efimenko there. And here he is visible so, and it is he who - that figure, under whose influence both the investigation and judges act. “Military Strategist” Isakov simply sold this “topic” to him with his former family. Nothing personal.