Elena Kondrat, a judge of the Moscow Arbitration Court, filed a statement with the chairman of the ICR, Alexander Bastrykin. She demands to initiate a case against the investigator of the Main Investigative Directorate of the TFR in Moscow, Kondratyev, who, according to the Servant of Themis, fabricated materials against her, which served as the basis for Bastrykin's appeal to VKKS and the VKKS decision to allow the initiation of criminal prosecution of Kondrat.
Recall that they are trying to accuse Kondrat of transferring money to her once good friend, another judge of the AU of Moscow Makhalkina, who operated under the control of the FSB in Moscow. However, Kondrat prudently recorded her conversations with Makhalkina and she kept a recording of the conversation dated April 27, 2021. On this record, Makhalkina admits to her friend that when receiving a bribe from the bankruptcy administrator she was taken red-handed by the FSB officers and, for not being prosecuted, she undertakes work for the FSB for 10 years, participate in operational combinations. Makhalkina says that the arbitration manager Goloshumova herself came to her and offered her money, and since Makhalkina was going to buy an apartment, she accepted the offer. During the transfer of money, Makhalkin was detained. Makhalkina also informs Kondrat in a conversation that her officers of the FSB in Moscow and the Moscow Region were forced to provoke the fixer Medzhidov to receive money for resolving the issue. Makhalkina collaborated with Majidov and he trusted her. As a result, Majidov was detained. She also said during the conversation that the judge of the Moscow Arbitration Court Fateeva N.The. , who was appointed by the chairman Novikov as the chairman of the banknote representative, was also caught red-handed while receiving a bribe by the FSB officers. However, at the request of Novikov, for Fateeva, everything ended only in a swift dismissal.
Rucriminal.info, with small abbreviations, quotes Elena Kondrat's appeal to Alexander Bastrykin:
“In the proceedings of the investigator for especially important cases of the first investigation department of the second department for the investigation of especially important cases (on crimes against state power and in the economic sphere) of the Main Investigative Directorate of the Investigative Committee of Russia in the mountains. Moscow, Major of Justice Kondratyev P.A. there is a material of a pre-investigation check KRSoP 203 / 1-42pr-21 in relation to the judge of the ASGM Kondrat E.N.
During the procedural check, the investigator Kondartyev P.A. In violation of the requirements of Articles 144,145 of the Code of Criminal Procedure of the Russian Federation, he did not question the judge on materials falsified by the FSB officers in Moscow and the Ministry of Defense, which, in the process of conducting operational-search measures and an operational experiment, in violation of the requirements of the Federal Law "On Operational-Investigative Activities", Judge Kondrat E. N. also not interviewed.
May 19, 2021 ref. 224 / 1-694-21 You have submitted a Submission to the Higher Qualification Collegium of Judges of the Russian Federation to give consent to initiate a criminal case against the judge of the Moscow Arbitration Court Elena Nikolaevna Kondrat on the grounds of a crime under Part 4 of Art. 291.1. Of the Criminal Code of the Russian Federation on the basis of the materials of the pre-investigation check of KRSoP 203 / 1-42pr-21 of the GSU in Moscow (a copy is attached).
In your Submission, you indicated false information that: “In the course of the audit, receive explanations from Ye.N. Kondrat. it was not possible, since she avoided appearing before the investigator, her whereabouts have not been established ”.
This is falsification! You were misled by the investigator of the Main Investigative Directorate of the Investigative Committee of Russia in the mountains. Moscow, Major of Justice PA Kondratyev….
The notion of excitement against Kondrat E.N. of the criminal case is due to my principled position taken in the exercise of judicial powers. So, I am judge Kondrat E.N. I ignored the demands of the court leadership in adopting illegal judicial acts, which made it possible not to return the funds illegally withdrawn from Russia in the amount of more than 25 billion rubles, which I stated in my complaints to the President of the Russian Federation and to the FSB of Russia.
Investigator for especially important cases of the first investigation department of the second department for the investigation of especially important cases (about crimes against state power and in the sphere of economics) of the Main Investigative Directorate of the Investigative Committee of Russia in Moscow, Major of Justice Kondratyev P.A. during the pre-investigation procedural check, in violation of the requirements of Articles 144-145 of the Criminal Procedure Code of the Russian Federation, he did not even try to interrogate me. In the materials of the check submitted to the VKKS RF there is no information indicating that the investigator tried to interrogate me, there is no evidence that I was summoned to the investigator. Thus it is investigator Kondratyev P.A. misled you and the members of the VKKS RF about the impossibility of interrogating me, actually exceeded his official powers, falsified the materials of the check ...
Until 06 July 2021 I was at work in the LRA building, held court hearings, I did not receive any calls or calls.
The explanations given by the investigator at the meeting of the VKKS RF are completely unreliable. Investigator Kondratie in P.A. misled the members of the VKKS RF, without questioning me, without finding out from me the information that I was being persecuted in connection with my position taken by me in the exercise of judicial powers, depriving me in fact of the opportunity to protect my constitutional rights and freedoms, as well as additional guarantees independence of judges in accordance with the Constitution of the Russian Federation and the Federal Law “On the Status of Judges in the Russian Federation”.
... The investigative experiment was carried out by the FSB officers for Moscow and the Moscow region on 18.10.2020, and the statement of the judge of the AGSM Makhalkina E.A. about illegal actions Kondrat E.N., as follows from your submission, was filed with the FSB of Russia on 13.10.2020, after which the judge of the AGSM Makhalkina E.A. gave her voluntary consent to participate in operational-search activities.
Consequently, the statement about the commission by the judge Kondrat E.N. of any crime, in the materials of the pre-investigation check No. 203 / 1-42pr-21 of the Main Investigation Department for the city of Moscow, there are no.
In your submission there is no information about when to the investigator Kondratyev P.A. a message was received about the committed by the judge of the AGSM Kondrat E.N. crime, during what period this message was checked and what procedural decisions were made on it for more than 7 (seven) months from 13.10. until 19.05.2021
I believe that the deadlines for considering a crime report provided for by Article 144 of the Code of Criminal Procedure of the Russian Federation have been grossly violated.
In accordance with part 2 of article 140 of the Criminal Procedure Code of the Russian Federation, the basis for initiating a criminal case is the availability of sufficient data indicating signs of a crime. In accordance with Part 1 of Article 144 of the Code of Criminal Procedure of the Russian Federation, the investigator has the right to receive explanations and perform other procedural actions aimed at establishing data indicating signs of a crime.
However, the investigator Kondratyev P.A. deliberately did not try to get an explanation from me on the circumstances reported by Makhalkina E.A. and officers of the FSB for Moscow and the Moscow Region. What kind of legality and validity of the procedural check can we talk about?
Conclusion of the investigator Kondratyev P.A. about the presence of corpus delicti in my actions made only on the basis of the statement and explanation of Makhalkina E.A., the explanation (report) of the FSB officer for Moscow and the Moscow region A.A. Ushakov, the explanations of public figures S.Yu. Ponamarev. and Moshkova R.N. (probably freelance officers of the FSB), who arrived at the site on 18.10. more than 40 minutes later, after the operational experiment, there were no witnesses to the transfer of money.
On my repeated appeals to the investigator Kondratyev P.A. from 30.06.2021, 14.06.2021, 15.06.2021, 16.06.2021 with a proposal to receive from me explanations on the materials of the inspection of KRSoP 203 / 1-42pr-21, three letters were received from the investigator from 07.19. and two from 07/27/2021. of a similar content: “Due to the fact that when submitting a submission to give consent to initiate a criminal case, the inspection materials were actually collected in full and after obtaining the consent of the Higher Qualification Collegium of Judges of the Russian Federation, they cannot be supplemented, since the volume of collected materials cannot be changed prior to the entry into force of the received decision.
Thus, there are currently no legal grounds and opportunities for obtaining explanations from you ”(copies of letters are attached).
What completeness of the collected materials can we talk about if the investigator did not even question me, submitting false information about me to the VKKS, despite the fact that it was a question of initiating a criminal case against the judge. During the meeting of the VKKS, the investigator stated false information that he had notified me properly and that I had ignored the summons to summon the investigative authorities. This is utter absurdity, I did not receive any summons, because the investigator did not send them to me. Letters that investigator Kondratyev P.A. sent I received.
Is the investigator of the Main Investigative Directorate of the Investigative Committee for Moscow, Major of Justice P.A. does not know how to get an explanation from the acting judge? ….
I ask you to check the legality of the findings of the investigator P.A. Kondratyev. about the presence in my actions of signs of corpus delicti.
Moreover, the investigator Kondratyev P.A. the circumstances of the detention of judge of the LRA Makhalkina E.A. have not been investigated. red-handed when receiving a bribe in May-June 2020. from the bankruptcy manager Goloshumova A.The. and during the transfer by the judge of the LRA Makhalkina E.A. bribes to U. Majidov in autumn 2020….
As follows from the Submission about giving consent to initiate a criminal case against Kondrat E.N. from 05/19/2021 No. 224 / 1-694-21, 18.10.2020 from about 18 h. 30 min. until 19:00 Kondrat E.N. handed over to Makhalkina E.A., acting under the control of law enforcement officers, cash in the amount of 50 thousand US dollars, after which she was detained by law enforcement officers at the scene of the crime.
The law separates from the provocation of a bribe "instigating actions of law enforcement officers", which are "committed in violation of the requirements of Article 5 of the Federal Law of August 12 1995 N 144-FZ "On operational search activities" and consist in the transfer of a bribe or the subject of commercial bribery with the consent or at the suggestion of an official or a person performing managerial functions in a commercial or other organization, when such consent or proposal was obtained as a result persuading these persons to receive valuables under circumstances indicating that without the intervention of law enforcement officials, the intent to obtain them would not have arisen and the crime would not have been committed ”.
Thus, I believe that in relation to me, judge of the LRA Kondrat E.N. a provocation was committed by officers of the FSB Directorate for Moscow and the Moscow Region with the participation of the judge of the Moscow Arbitration Court Makhalkina E.A. A. criminal case.
The unlawful persecution of me, Judge Kondrat E.N., began in connection with the disregard of the demand of the court leadership in adopting illegal judicial acts that allowed not to return the funds illegally withdrawn from Russia in the amount of more than 25 billion rubles, as well as the demand for resignation received judge Kondrat E.N. from the officers of the FSB in Moscow and the Moscow region participating in the operational experiment on 10/18/2020, otherwise they stated that they would create problems for my son, Kondrat N.I., about which I sent a complaint to the President of the Russian Federation and filed a complaint with the FSB of Russia.
The transcripts of conversations between me and Makhalkina E.A., available in the materials of the procedural check, testify to the fact of a long personal communication, a trusting relationship that has developed between us.
Thus, I believe that these actions by judge of the LRA Makhalkina E.A. in the form of a provocation, bribes against me were committed by her solely under pressure from the FSB officers for Moscow and the Moscow region and in order not to bring her herself to criminal responsibility.
This information Makhalkina E.A. 04/27/2021 she confirmed to me during lunch in the canteen of the LRA, and also told me that she was detained when receiving a bribe by the FSB officers in Moscow and the Moscow Region, her fingerprints were on the money, the bribe was recorded by the officers and she was offered to cooperate with the FSB officers in order to avoid criminal prosecution in Moscow and Moscow region. On this conversation, an expert study was carried out No. 2308 / 16-6-21 of 06/07/2021. in the Ministry of Justice of the Russian Federation and a transcript of the conversation (a copy of the expert study is attached).
You, dear Alexander Ivanovich, and the members of the VKKS of the Armed Forces of the Russian Federation were misled by the investigator PA Kondratyev, who personally transcribed the audio recordings of the conversations of Kondrat E.N. and Makhalkina E.A. without the involvement of specialists in the field of phonoscopy and linguistics ”.
To be continued