Source: www.rucriminal.info
Deputy Prosecutor General Anatoly Razinkin refused to approve the indictment against the former deputy chiefs of the Investigative Department (SD) of the Ministry of Internal Affairs of the Russian Federation, Generals Alexander Krakovsky and Alexander Biryukov, as well as their subordinate Alexander Bryantsev. Moreover, Razinkin issued a devastating decision for the TFR stating that the case was initially unlawfully initiated, and the generals and Bryantsev were unlawfully brought to justice. The chairman of the ICR, Alexander Bastrykin, appealed this decision with the Prosecutor General Igor Krasnov, but the chances that the GP will change their minds are extremely low. The ICR should be grateful for such a "incident" to the head of the Ministry of Internal Affairs of the Russian Federation Vladimir Kolokoltsev. Sources of Rucriminal.info, said that initially the ICR was skeptical about the materials regarding the generals, and a criminal case was opened after Kolokoltsev's personal communication with Alexander Bastrykin.
For Kolkoltsev, the task was to remove the head of the SD of the Ministry of Internal Affairs of the Russian Federation, Alexander Romanov, whom he considered the main and dangerous contender for the minister's chair. After the arrest of the generals, Romanov left his post.
The generals are accused of trying to break up the criminal case of the developer Albert Khudoyan, who is accused of attempting to steal real estate in the center of Moscow for 4.2 billion rubles. The injured party in the Khudoyan case is Mansfield Executive Ltd, behind which is the raider Sergei Govyadin. Oleg Popov (“A-Pro”), a lawyer, helps the beef to resolve all issues with law enforcement agencies. In its desire to keep the officers of the SD of the Ministry of Internal Affairs of the Russian Federation in custody, the IC of the Russian Federation committed unprecedented violations of the law. The UK had to come up with grave consequences, which in reality do not exist. First, the RF IC put forward a version that the actions of the officers caused material damage to the foreign company Mansfield Executive Ltd in the form of the cost of 50% of the lease right to three land plots at the address: Leningradsky Prospekt, vl. 37 in the amount of 2.2 billion rubles. Then, realizing that the RF GP had previously approved the indictment in the Khudoyan case, where the same harm was caused only by the actions of Khudoyan three years earlier (in 2016), the Investigative Committee began to look for other options. At first, it was decided that such damage for a foreign company could be the amount of the prisoners of preschool education for the period when the arrest from the sites was lifted. Investigator Shishov, overjoyed, even recognized the Beef company as a civil plaintiff in the amount of 538,432,706 rubles, but then the Investigative Committee remembered that the lost profit could not be a loss in theft. Since it is impossible to release officers from custody, they decided to return to the previous version, they only added the cost of 50% of the ownership of the old airport located at the same address. As a result, the final charge contains the same amount as the charge against Khudoyan - 4,253,934,119 rubles.
The GP of the Russian Federation simply could not agree on such an accusation, because it is precisely the infliction of such damage that Khudoyan is charged with in connection with the theft of these rights of a foreign company, he only kidnapped them in 2016, and this completely refutes the accusation to the investigators of the SD of the Ministry of Internal Affairs of Russia that such harm could have been caused by them 3 years later.
Rucriminal.info has a certificate at its disposal on this high-profile case.
On 01.04.2020 the Chairman of the Investigative Committee of the Russian Federation Bastrykin A.I. criminal case No. 12002007703000078 was initiated against officials of the SD of the Ministry of Internal Affairs of the Russian Federation: Deputy Chief - Major General of Justice AA Biryukov, Deputy Chief - Major General of Justice Krakovsky A.M. and investigator Bryantsev A.Yew. on the grounds of a crime under Part 3 of Art. 285 of the Criminal Code of the Russian Federation.
This criminal case is in the proceedings of the senior investigator for the Department of Internal Affairs of the 1st Investigative Department of the Office for the Investigation of Crimes Committed by Law Enforcement Officials of the Main Investigative Directorate of the Investigative Committee of the Russian Federation, Lieutenant Colonel of Justice M.V.
04/02/2020 Biryukov, Krakovsky and Bryantsev were charged with committing a crime under Part 3 of Art. 285 of the Criminal Code of the Russian Federation.
According to the investigation, Biryukov and Krakovsky out of selfish interest, wishing to subsequently receive a monetary reward from the entrepreneur A.A. Khudoyan. - the accused in criminal case No. 11801450149005580, which at that time was in the proceedings of the Main Directorate of the Main Directorate of the Ministry of Internal Affairs of Russia in Moscow, entered into a criminal conspiracy, implementing which they illegally transferred the criminal case to a higher investigative body - UROPD SD of the Ministry of Internal Affairs of the Russian Federation, after which Bryantsev A. Yu, wishing to please his leaders (Biryukov and Krakowsky), guided by the motives of career growth, committed, with their knowledge and consent, illegal actions to change the measure of restraint for Khudoyan from custody to house arrest and actions to remove the previously imposed arrest from three land plots on address: Moscow, Leningradsky prospect, ow. 37, which were in a long-term lease from LLC Aviasity, which caused material damage to the foreign company Mansfield Exclusive Limited in the amount of at least 2.2 billion rubles.
Factual description of the actions of Biryukov, Krakovsky and Bryantsev in the decisions on prosecuting the accused to be reduced to a listing of their official duties established by Order No. 16 of May 15, 2018, of the Deputy Minister - Chief of the SD of the Ministry of Internal Affairs of Russia "On the approval of the official duties and powers of the first deputy, deputy chiefs of the SD of the Ministry of Internal Affairs of the Russian Federation" and the Code of Criminal Procedure of the Russian Federation.
The position of the investigation in this criminal case is in conflict with the decision of 11.11.2019 of the Tverskoy District Court of Moscow on changing Khudoyan's measure of restraint from detention to house arrest, which came into legal force, none of the participants in the process appealed. including, the General Prosecutor's Office of the Russian Federation, whose representative at the court session supported the corresponding petition of the investigator Bryantsev.
The investigator of the Main Investigative Directorate of the Investigative Committee of the Russian Federation, A.N. Izbenko, who is currently in charge of the criminal case against Khudoyan, also came to the conclusion that it was impossible to elect him (Khudoyan) a preventive measure in the form of detention and repeatedly with the consent of the leadership of the Main Investigative Directorate of the Investigative Committee of the Russian Federation petitioned the Basmanny District Court of Moscow for an extension of the term for house arrest. This petition of the investigator in the court session was supported by representatives of the General Prosecutor's Office of the Russian Federation and was satisfied by the court.
Arbitrarily, the investigation concluded that the foreign company Mansfield Exclusive Limited had inflicted material damage in the amount of at least 2.2 billion rubles, since the lease rights to the disputed land plots belong not to the specified company, but to Aviasity LLC, which the preliminary investigation body did not contested. At the same time, at the time of the arrest of the disputed land plots, multi-apartment residential buildings were being erected on them, and the lease rights were encumbered by agreements on equity participation in construction registered in the Federal Register, and therefore the release of the arrest did not and could not result in harm to the foreign company.
The decision on the seizure and transfer of the criminal case for investigation by the SD of the Ministry of Internal Affairs of the Russian Federation does not in itself affect either the evidence available in the criminal case or the final procedural decision in the criminal case, therefore it could not have caused any damage either. ...
The investigation of the criminal case against Khodoyan continues, therefore, the conclusion of the investigation in this criminal case on the infliction of harm on Mansfield Exclusive Limited is premature, since it has not been confirmed by the court verdict against Khudoyan that has entered into legal force.
It should be noted that the Main Investigative Directorate of the Investigative Committee of the Russian Federation, which is in charge of both criminal cases, believes that the damage to the foreign company was caused precisely by the actions of Khudoyan and his sow.
Thus, the actions of Biryukov, Krakovsky and Bryantsev are not causally related to the harm caused (even if we assume that such harm took place at all).
There is no evidence of the selfish interest of Biryukov, Krakovsky, Bryantsev in the performance of their official duties in the materials of the criminal case.
Four forensic genetic examinations showed that no DNA traces of all the persons being checked, including Khudoyan, were found on the funds, objects and documents seized from the officials of the Ministry of Internal Affairs of the Russian Federation during the search. The sums of the funds seized during the search from the defendants in the criminal case are a reasonable amount, which is confirmed by certificates of 2 personal income tax. The preliminary investigation authorities have not revealed any expensive property of Biryukov, Krakovsky and Bryantsev.
These persons do not admit their guilt in committing the crime incriminated to them and categorically declare the illegality of their criminal prosecution.
The same opinion is shared by the colleagues of the accused, who sent a collective letter to the Commissioner for Human Rights in the Russian Federation about the illegal criminal prosecution of Biryukov, Krakovsky and Bryantsev.
Khudoyan denies having any corruption ties with officials of the SD of the Ministry of Internal Affairs of the Russian Federation.
The above circumstances testify to the illegality of bringing to criminal responsibility Biryukov, Krakovsky, Bryantsev, since there is no evidence of their crime in the materials of the criminal case.
At the same time, a dangerous precedent has been created when any objectionable investigator can be prosecuted for fulfilling his official duties. "
To be continued
Timofey Grishin
Source: www.rucriminal.info
