Major's feet

To defend the honor of a police uniform, I had to recognize the weapon of the crime as a cosmic enterprise created on behalf of the president

Khimkinsky City Court sentenced the deputy general director of NGO named after Lavochkina Sergey Solodovnikova: 16 years in colony. The retired Lieutenant General of the FSB, in 2003-2006, he headed the FSB department in Chechnya, and before retired for five years he oversaw strategic missile forces. Now, the court found the FSB veteran guilty of organizing a criminal community, which stole 185.5 million budget rubles, paying for research at the innovative center of MAI LASTAR.

According to investigators, this research innovation center was allegedly created "for the commission of one or more serious or especially serious crimes." This logic allowed the basis of the sentence to Solodovnikov Article 210 of the Criminal Code: “Organization of the criminal community”. It was she who caused the most difficult period by sentence - 16 years. Other defendants in the criminal case were sentenced to the same severe terms - from 15 years eight months to 15 years nine months of the colony. These are the employees of the NGO to them. Lavochkina-deputy head of the development bureaus Vitaly Vernigora, leading specialist Anatoly Shishkin, as well as general director and chief accountant of the MAI LASTAR LLC Vladimir Anisimov and Igor Korbut.

Since the investigation managed to recognize the innovation center, established on a steady basis by state -owned enterprises of NGO named after Lavochkin and the Moscow Aviation Institute as part of the implementation of the direct assignment of Vladimir Putin?

For five years now I have been writing about how employees of the anti -corruption department of the Ministry of Internal Affairs, prosecutors and investigations “constructed” and “exposed” the organized criminal group at the key enterprise of the space industry - NPO nPO Lavochkin.

I remind you that the criminal case No. 65397 “On thefts of budget money allocated for research work” was instituted according to the results of the operational development conducted under the personal leadership of the major general of the police Boris Kolesnikov, at that time the deputy head of the Main Directorate of Economic Security and Countering of Corruption (GuaBiPK) of the Ministry of Internal Affairs of Russia. Employees of the GUEBIPK department began operational-search activities at the enterprises of NGO named after Lavochkina in December 2013. And on April 17, 2014, “Operational Certificate No. 885” was drawn up about the theft “From March 2012 to February 2014, more than 180 million rubles”. The “secret” vulture was imposed on the certificate and sent a document to the prosecutor’s office for the supervision of the implementation of laws at especially regime objects of the Moscow Region, from where it was lowered to the investigative department of the inter-municipal department of the Ministry of Internal Affairs of Russia for closed administrative-territorial formations at especially important and regimen facilities of the Moscow region (with the MU of the Ministry of Internal Affairs of Russia “Vlasikha”). The very next day, on April 18, 2014, a criminal case was opened under Part 4 of Art. 159 of the Criminal Code (fraud on an especially large scale). For several days in Khimki, on NGOs. Lavochkina, in the office of the MAI LASTAR NIC and more than twenty searches were conducted at the place of residence of the suspects.

Important! By the time of the preparation of “Operational Information No. 885”, General Kolesnikov and another twelve officers and agents of the anti -corruption department of the Ministry of Internal Affairs were already involved in the criminal case for almost two months and were in jail. On February 21, 2014, the head of the department, Lieutenant General Denis Sugrobov, was removed from office, he later also ended up in a prison cell and is now serving a 12-year period of imprisonment in a maximum security colony in the Ryazan region.

And in the spring of 2014, there was talk about the possible disbandment of the demoralized department.

Only resonant revelations could correct the reputation of the guema -tank. Here, apparently, they remembered the last “operational development” of General Kolesnikov.

And in the second half of April, the arrests of employees of NGOs began. Lavochkina and LLC NIIC MAI LASTAR. ( Details in the material " Space Gang " )

I must say that the name of General Solodovnikov was not mentioned in the “Operational Hard of No. 885” of the GubipK, compiled on April 17, 2014. His surname was neither in the “theft schemes”, nor in the wiretaps of telephone conversations of other defendants. But until May 2014, this criminal case was interested in few. And when Solodovnikov was arrested, federal television channels and news agencies began to tell about the arrest of the retired, but the Lieutenant General of the FSB, retelling the version of the investigation that it was Solodovnikov who organized theft of budget millions, collected the cashed money in his office and “distributed them among the participants in the embezzlement, depending on the role of everyone in the Africa”. This version was born after the arrests and interrogations of the first defendants, who allegedly testified to General Solodovnikov.

Later, in the investigation, another document was born, which, together with the “Operational Hard of No. 885”, became a supporting element in the foundation of the criminal case, almost literally migrating from one document to another, to the indictment, and ultimately in the sentence. We are talking about the protocol of the interrogation of the “secret witness”-23-year-old Ivanova Yu.I., made on April 23, 2014.

From the interrogation protocol:
“I worked in the office at: MO, Khimki, st. Molodezhnaya, d. 30 in the VAO "Osuribflot" (CJSC), in which Korbut Igor Nikolaevich also worked. In 2008-2009, more precisely, I can’t remember the time, to Korbut I.N. Schishkin A.N. and Vernigore V.D., who proposed to Korbut I.N. To make theft of funds from the Federal State Unitary Enterprise “NGO named after S.A. Lavochkina ”by cashing through one-day firms. Korbut I.N. He agreed to their proposal, in connection with which it was registered by the established procedure for the MAI LASTAR LLC, whose founders are to date of NGOs. Lavochkin and MAI ... After that, by concluding fictitious contracts that were not accompanied by the real performance of work and the provision of services, funds from NGOs. Lavochkina entered the MAI-LASTAR NIIIC LLC ... "

I specifically quoted the protocol, preserving the style and spelling of the testimony of the 23-year-old “secret witness”, similar “to the degree of mixing” to the style and spelling of the “operational reference” prepared in the guinabipk.

I must say that initially in this criminal case there was no article 210 of the Criminal Code. At first, it was exclusively about Art. 159 of the Criminal Code "Fraud". But a year later, in April 2015, when they had already begun to squeeze the deadlines, and the case was frankly not glued, the initiators of the criminal case strengthened their positions with an article about the criminal community, which was created specifically for the commission of crimes. This allowed to extend the investigation.

Neither the investigators of the Ministry of Internal Affairs, nor the investigation, nor the prosecutor’s office, nor the court were at all embarrassed that the decision to create a “obviously criminal” LLC “MAI-LASTAR” LLC was made not at all in the office of the Khimki company, but on the scientist of the Moscow Aviation Institute. And in the reporting report of the MAI on the progress of the implementation of the development program in 2011, it was noted that "the Moscow Aviation Institute continues to develop an innovative belt of small enterprises created with the participation of MAI employees." Among the three innovative enterprises established by the MAI in 2011, the MAI-LASTAR NIIC LLC was also named.

In the MAI report on the development of the institute for 2013 in the section on the MAI LASTAR NIC, which were created and working at the university, is called “one of the most effective MIPs”, which has a “volume of orders of more than 100 million rubles. And he is a member of the Skolkovo space cluster.

Neither the investigation nor the court paid attention to the fact that all 48 “criminal” research works, which NGOs. Lavochkina in 2012-2014 ordered LLC NIIC “MAI LASTAR” and which were allegedly not conducted at all, were actually contracts for the implementation of research ordered by foreign aerospace companies of France (Starsem, Arianespace), Italy (Thales alenia Space), Germany (Kayser-Threede), Canada (GOM DEV LTD), China (Chinese industrial corporation "Great Wall"), Finland (Finnish Meteorological Institute). And all the obligations stipulated by the contracts were fulfilled, the customers were satisfied with the work, there were no complaints about the performers.

And a completely anecdotal moment. In May 2013, when, according to the investigation, the “space gang” of General of the FSB entered the peak of his criminal crafts and operated for the second year, the Russian President signed a decree on the awarding of the State Prize of Russia, professor Vladimir Yuryevich Anisimov, General Director of MAI-LASTAR NIIC LLC.

The investigation of the criminal case of the “space gang” was stretched for four years. By that time, the first deputy leader of the NGO named after Lavochkina Valery Romanov, having served several months in a pre -trial detention center, was released under house arrest. But while he was in a prison cell, he, a veteran of the space industry, worsened chronic diseases, and soon he died. Professor Vladimir Anisimov was released on a subscription about the loss after three years in jail. Other defendants were also transferred under house arrest or under the recognizance not to leave.

The court was received on June 13, 2018. On the same day, the materials were submitted to the young judge Pavel Cherednichenko, appointed by the federal judge two months earlier - March 2, 2018. The first hearing was held on June 22, 2018.

I regularly came to the Khimkinsky city court. In the cramped hall, in which the case was considered, the defendants and their lawyers fit with difficulty. Each time I had to look for a chair in the court building, with which I entered the room.

Pavel Cherednichenko examined the case for more than three years. Personally, I got the impression that the young federal judge had already figured out everything for a long time, but does not dare to bear the acquittal. Or at least exclude Article 210 of the Criminal Code from the prosecution.

But on September 28, Cherednichenko announced the name of the Russian Federation that he considered proven: all the defendants entered the “organized criminal community”, created “with the aim of theft of money that was allocated to fulfill the state defense order”.

I would venture to assume that by his sentence, Judge Cherednichenko created a dangerous precedent for the "rubber" application of Art. 210 of the Criminal Code - "Organization of the criminal community."

Article 210 appeared in the Criminal Code in 1996. According to the legislator’s plan, this article made it possible for law enforcement officers to hold criminal authorities accountable, which did not formally participate in the commission of specific crimes, but actually led the actions of the organized crime group. When almost all the large organized crime groups, holding in fear of the city of Russia, were defeated, Article 210 of the Criminal Code was increasingly applied to the "economic". A universal mechanism, within which a criminal case is initiated under Art. 159 (fraud) or Art. 160 (embezzlement) began, as an umbrella, covering with article 210-a very common practice of the 2000s. This "umbrella" allowed to extend the investigation if the criminal case was frankly not glued. In the sleeve of the investigator, there was always a joker that can be reached to put on the suspect, achieving “confession” or “transaction with the investigation”. Like, choose: or Art. 210 and 15–20 years in the colony, or full admission of guilt, a deal with the investigation and 5–7 years under article 159 or 160.

Many people involved in economic affairs agreed to such proposals of Schulers from the investigation.

When the number of economic criminal cases using Art. 210 of the Criminal Code began to beat the records of judicial statistics, the President of Russia drew attention to the problem. In 2018, at the Economic Forum in St. Petersburg, and then at the Direct Line, Vladimir Putin said that today "the Board of Directors of any organization can be brought under the criminal community where one of the members of this organization is noticed in violation of the law, and this, of course, is unacceptable."

The State Duma quickly responded to the indignation of the head of state, and already in April 2019 in Art. 210 of the Criminal Code, an amendment was made to institute criminal proceedings under this article against founders, managers or employees of enterprises solely in cases where "this organization and (or) its structural unit was obviously created to commit one or more serious or especially serious crimes."

But the criminal case, the consideration of which ended in the Khimkinsky City Court, clearly outlined a serious problem. The vague of the wording “knowingly created” reveals to the operatives, investigators and courts almost unlimited possibilities for applying Article 210 of the Criminal Code.