Source: www.rucriminal.info

When an initiated criminal case on economic crimes gets to the Department of Internal Affairs for the Central Administrative District of Moscow, experienced lawyers of the victims clutch their heads, and the villains, on the contrary, rub their hands. After all, this business is almost doomed to death. Let's explain why this is happening. According to Sobyanin S.S., 80% of Russia's cash flows are located in Moscow. At the same time, more than half of Moscow's enterprises and banks are registered and located in the Central District. Since the territoriality of the crime is determined by the location of the bank from which the funds left, this fact creates an enormous burden on the Investigation Department of the Internal Affairs Directorate for the Central Administrative District of Moscow. In fact, half of the "economy" of the country is under investigation here.

At the same time, the staff of investigators is not much larger than in other districts, however, there is a significant shortage of staff from this staff (up to 30%). Because of this, in fact, all departments of the administration, including general criminal, narcotics and road accidents, are investigating only the economy, and most of the general criminal cases are thrown off to the district investigation departments. Due to the huge workload, all investigators have several penalties for various violations, mostly red tape, and there is nothing to frighten them with, because they cannot be fired, there is no one to work.

As a result, there is always a huge number of cases in the CAO that are not actually investigated, despite the fact that most of them are under control in various departments. If for other Districts a call for a hearing to the Investigation Department of the Ministry of Internal Affairs or the City Prosecutor's Office is an emergency and they prepare for it, proofread, “lick” the case, backdating reports and instructions to the operatives, the head of the SCH or Department goes with the case, then this is a routine in the Central Administrative District , up to the fact that the investigator comes to the hearing with the deputy. the head of the department, with an unfiled case without events, listen to the news about the receipt of another penalty, and calmly go back.

Because of this situation, only 3 categories of criminal cases are being investigated in the Central Administrative District: super-control and resonant, which are personally monitored by iconic figures of the power bloc or the AP; commercial cases, where constant contributions allow life to glimmer in cases (at the same time, this does not guarantee that the case will be sent to court, most likely it will die as soon as it is disconnected from "life support"); the simplest one-way "stick" cases that allow you to quickly bring the case to court, and thus maintain management indicators at an acceptable level. If a powerful general is not personally interested in the outcome of a case, or the interest of an overloaded investigator in a particular case is not constantly maintained, then complex cases die, because there are physically no working hands that allow one to devote a lot of time to one case.

Market players solve this problem in different ways, for example, the DIA has reached an unspoken agreement with the leadership of the Moscow City Investigation Department that their statements about banks with revoked licenses are scattered around other districts, because otherwise all these cases would quietly die. The unsatisfactory work of the SU under the Internal Affairs Directorate of the Central Administrative District caused a constant personnel reshuffling of the heads of the Department and the Investigative Unit, which change every 1-2 years, many times more often than in other districts, but without any improvement in work.

However, if there is good motivation, then this elementary “stick” business can be neglected. So, on September 4, 2018, a criminal case No. 11801450001000750 under Art. 159 of the Criminal Code of the Russian Federation, that gr. Filippova E.V. “sold” to the victim an apartment in Molochny Lane, which was in fact secured by a bank, receiving about 60 million rubles. The case sluggishly comes to a sad end, when on January 28, 2019, two more criminal cases are initiated: No. 11901450001000184 that the same Filippova E.V. received from the entrepreneur more than 70 million for the purchase of real estate for him, which she appropriated, and No. 11901450001000185 that the same Filippova E.V., also under the pretext of acquiring real estate, received more than 160 million rubles from another entrepreneur.

This alignment completely changes the case, 3 serial, easily proven episodes with handwritten receipts, give the case an iron judicial perspective, and in 3 episodes. The work began to boil - all cases were transferred to one investigator, and combined into one no. 159 of the Criminal Code of the Russian Federation.

 

At that moment, Filippova, who kept more than 300 million stolen by herself through personal bankruptcy, realized the seriousness of the situation, and the investigation again stalled. It was decided not to go to court for a preventive measure, limited to a written undertaking not to leave, and also with the seizure of property, of which Filippova had plenty. Then the corporate red tape of the CAO began, which was not penetrated by any complaints from the victims. For example, samples of the victim's handwriting one by one and episodes, the investigator decided to take it only in March 2021, exactly 2 years after the indictment. At the same time, the case itself managed to change as many as 6 investigators and successively visit the 5th, 3rd, 5th and finally the 4th department of the SC. It is not difficult to guess how these changes affected the quality of the investigation, but despite this, and the unhurried pace of work, the investigation faced the unpleasant fact that the case would have to be sent to court, the outcome of which would be obvious.

And then a brilliant move was invented. Criminal case No. 11801450001000750 was divided back into three separate criminal cases! For each of which, Filippova turned not into a serial fraudster, but into a single stumbled person on the verge of civil law relations. Moreover, the episodes should be considered by different courts, due to the different place of commission. In theory, such lawlessness should be stopped by the supervisory authority, but by a miraculous coincidence, the Prosecutor’s Office of the Central Administrative District, producing empty replies on the complaints of the victims, suddenly became imbued with the problems of the accused and in October 2020 issued a Demand to eliminate violations of the rights of the accused Filippova.

Is it any wonder that when Filippova’s first solitary case was sent to the Khamovnichesky Court, the representative of the Prosecutor’s Office, which had approved the indictment yesterday, suddenly ... dropped the charge, and Filippova went home to celebrate her success, simultaneously receiving assurances that the remaining episodes would also be ruined .

And the leadership of the investigation and the prosecutor’s office began to tell all complaints that the case had been assessed by the court, forgetting to tell about their modest role in this situation, and also that the court’s decision had been appealed, and after it was canceled, it would be twice as difficult to explain what had happened. Therefore, there is an opinion that despite the solid spending and impressive successes at the district level, Elena Vladimirovna’s adventures in the criminal law field are just beginning, the telegram channel of the Cheka-OGPU and Rucriminal.info are monitoring the situation and will continue to cover it.

To be continued

Roman Trushkin

Source: www.rucriminal.info