The girl was robbed and not released from the pre -trial detention center - a family raider operation with the participation of the SU ATC in the SEAO and four Moscow vessels

Predicting after the change of chairman of the Moscow City Court to preserve the previous practice in cases of political coloring, we suggested (No. 100 of September 14) that Mikhail Ptitsyn would have to somehow fight the non -political oddities in the decisions of Moscow judges - and “new” promised him to help him in this. The Gayane Zainabutdinova case is suitable for how it is better: there is not a grain of politics in it, but there is monstrous cruelty, injustice, elements of a melodrama, which has been put in the main role with a young prisoner, and, in our opinion, there is no legality, although let the courts conclude this.

Prologue is a melodrama

Gayane fell into the millstone of the judicial system due to the divorce between her mother Natalya Cyclauri, an entrepreneur, and a stepfather Arthur Isakov, a former military man who once had the surname Huseyn-Zade. A few years ago, the history of their conflict was executed in the yellow press, but we will present it briefly: we are only interested in Gayan.
By 2012, the family owned commercial real estate in Moscow and Germany, as well as a house in the suburbs, where, in addition to the spouses, Gayane, the daughter of Cicelsuri from his first marriage, lived, two of their common daughters and a half -hot grandmother from Georgia. Isakov raised Gayan from the age of six along with her daughters, and in letters from a pre -trial detention center he, out of habit, calls him “dad”.

To understand such conflicts is an ungrateful thing, but the facts are that Isakov secretly from his wife in 2007 filed an application for citizenship of Germany, indicating that he invested 9.5 million euros in the business.

The police were alerted by the change of name and surname, as well as plastic surgery, and the money was not him, but Cyprus companies Cicelsuri, and the case of laundering of income was investigated against Isakov in Germany. His wife saved, proving that she was the business owner and taxed taxes in Russia. In 2012, from a letter from the tax service of Germany, Ciceluri found out that her husband was slowly withdrawing Cypriot money behind her, and the conflict moved to the final stage.

Real estate and the house were registered for three LLCs, in the shares of which the cyclauri owned. According to the family and civil codes, when dividing property to Isakov, half a share, but not the property of a legal entity and not the right to make decisions in an LLC. Ciceluri performed a number of operations, reducing the nominal value of shares (their own), which, in general, can be understood, given the entire background. Without going into details, we say that the civil courts in 2012-2014 in full accordance with the law and practice of the Supreme Court decided all the disputes about the shares in favor of Ciceluri.

Nevertheless, in 2014, against the Ciceluri, who remained in Germany, contrary to the rules of the prejudice, was initiated and surprisingly quickly investigated the criminal case of fraud.

Understanding what this threatens, from Germany she left for Georgia, in Russia was put on the wanted list, and the director of the LLC appointed her daughter.

Gayane was torn between interrogations, searches in the house in which he took part and even applied violence by stepfather, between the need to carry sisters to school and care for his grandmother, finally, between civilian ships, where unknown firms poured them with meaningless lawsuits-with dexterity, which had never been characteristic of the former military and former Huseyn-Zade.

Judges come to the stage - tragedy

You can reproach the cyclair with the fact that she left her daughter as a hostage, but she was not yet fully robbed by experienced lawyers who claimed that the operations were legitimate, and Gayane, given her purely technical role in the mother’s operations, no one believed at all. If it is quite simple, she was charged with the implementation of the instructions of the mother - the owner of all shares in LLC - without the consent of the stepfather, who not only betrayed them all, had never been a participant in these LLCs.

The accusation does not withstand criticism from the point of view of the Civil Code, not to mention morality.

On December 9, 2015, the Judge of the Lefortovo Court Elena Kaneva pronounced: six years in prison. And the 24-year-old Gayan, a graduate of the Financial Academy and Oxford, left for a colony in the Vladimir region-there, being a good girl, she nursed other people's babies in the “Baby House”. Meanwhile, the Odintsovo court collected “damage” with Gayan - 78 million rubles (the amount overlaps both half of the former spouses), which she, of course, does not have.

The Odintsovo court, however, did not cancel the previous court decisions in favor of the Ciceluri: no one handed over the shares to Isakov LLC and he rewrote them, taking advantage of the fact that there was no one to dispute this. There are several ways to carry out such re -registration, professional raiders know them well. It would be possible to achieve an investigation of this probable fraud, untie the invaders of the hand at least Gayan.

In 2019, the Supreme Court, having absorbed the arguments of the lawyers, sent the case for a review, but the second cassation court did not essentially review anything, but only reduced the sentence. With this in mind, Gayane was supposed to be released on December 31 last year, and lawyers (sisters managed to send to Georgia) prepared a New Year's meeting. But the investigator of the SU SU UVD in the SEA, Irina Panova, petitioned the Kuzminsky court to conclude Gayan to custody in the case of laundering of income (Article 174.1, part 4 of the Criminal Code of the Russian Federation - up to seven years in prison). The second case is built on the same texture, it was instituted in 2016, but it was investigated, unlike the first, five years, and if Gayane had been charged at once, as always done in practice, it would also have been released.

Friends of the Cyclaines came to the Kuzminsky court, presenting documents on the provision of Gayan to their apartment. But the court agreed with the prosecutor that she had “lacking a permanent place of residence”: while Gayane was in the colony, from her house, along with her relatives, he evicted his stepfather. There are no other grounds for keeping it under the law. Nevertheless, now the Dorogomilovsky court refuses to change the preventive measure every three months, where the case of “laundering” has been examined since April.

That is, how is it “considered”? Judge Galina Talanina held 17 meetings, five prosecutors changed during this time, they “announce the materials”: ​​“Tom No. ..., sheet No. ... - documents in a foreign language” ...

"On which one, about what?" - asks the defense. “I don't know,” the prosecutor answers irritably. "Your honor, should I answer?"

Meanwhile, several times Gayan was brought to court in such a state that the convoy demanded to call her an ambulance. She has an extremely serious disease, for several months the defense sought the operation shown to her, she was delivered to the city hospital, but the operation was impossible: due to improper treatment with painkillers (and other drugs in the pre-trial detention center did not give her) her internal bleeding was aggravated.

“Scene driver” and open final

In this story, not only the cruelty of the stepfather is striking, but the fact that the handwriting is not his, as if someone was driving his hand. So it is: in the documents of the LLC we will now find the name of not Isakov, but a certain lawyer Vyacheslav Efimenko. Of course, he would prefer to register them on a dummy, but the distrust of his “profession” has won: sources on the Internet, including the “New Gazeta in Ryazan”, indicate a number of raider operations carried out with his participation.

For a practicing lawyer, and for investigators and judges, the scheme is visible in the palm of your hand.

I tried to find Isakov and Efimenko in the phone left in the case. The numbers were replaced, but I almost found Efimenko, having phoned one of the LLC who passed to him. The polite director replied that he knew Efimenko, but had not seen for a year, and, as it turned out, lied. But Efimenko has my number. Let him call - the “new” will listen to him with interest.

And from the new leadership of the metropolitan judicial system, we expect at least attention to this “strange”, in our opinion, case. Gayane loved to mess with her sisters and could not stand this “business of the family” - why she served five years, and now she can leave for the same amount?