The Investigative Committee of Russia has opened a criminal case under part 3 of art. Against deputy heads of the Investigative Department of the Ministry of Internal Affairs, Major General of Justice Alexander Biryukov and Alexander Krakovsky. 285 of the Criminal Code (abuse of power). This was told by a source in the TFR, the information was confirmed by another source, familiar with the investigation. The punishment under this article involves up to 10 years in prison.
The decision to institute proceedings was signed by the chairman of the Investigative Committee, Alexander Bastrykin, it is dated April 1. A copy of the document is at the disposal of RBC, its authenticity was confirmed by a source in the TFR.
The document says that Biryukov and Krakovsky and the senior investigator for particularly important cases, Colonel of Justice Alexander Bryantsev, abused their official powers. Earlier, sources of RBC and TASS reported that the officers were detained in the case of receiving a bribe of 10 million rubles.
The Main Directorate of the Ministry of Internal Affairs in Moscow investigated a criminal case against the developer Albert Khudoyan, he was accused of committing fraud on an especially large scale. The case file spoke about the theft of the long-term lease of three land plots from the Manzfield Executive Limited company in the Leningradskoye Shosse area. “To these sites, worth 2.2 billion rubles. an arrest was imposed with a ban on transactions, ”the source added.
At the beginning of July 2019, employees of the Investigative Department of the Ministry of Internal Affairs "out of mercenary interest, intending to get an illegal remuneration from Khudoyan," seized the case from the Moscow central department of the Ministry of Internal Affairs, taking it to the SD - transferred it to the investigation department "under the guise of organizing an objective investigation," the resolution says initiation of proceedings.
At the same time, in his report addressed to the head of the department, Colonel General Alexander Romanov, Biryukov wrote that Khudoyan was arrested illegally, since the case relates to the field of entrepreneurial activity. The plans of the generals of the Ministry of Internal Affairs were to mitigate the punishment and re-qualify Khudoyan’s actions for fraud associated with non-fulfillment of contractual obligations in the field of entrepreneurship, approved in a resolution.
The case went to investigator Bryantsev. In October last year, Biryukov and Krakowski ordered the investigator to remove the arrest from Khudoyan’s precincts, transfer him to house arrest and retrain the charge. Bryantsev understood that there was no reason for this, but decided to fulfill the will of the bosses “for reasons of careerism, trying to please” the leadership, the investigation believes.
The actions of Krakovsky, Biryukov and Bryantsev led to "unreasonable mitigation" of the preventive measure against Khudoyan, "return to him of theft objects" - land plots worth 2.2 billion, and the inability to return these plots to their rightful owner, the resolution says. The officers undermined the authority of the internal affairs bodies by their actions and discredited the law enforcement activities of the state in the fight against crime, according to the TFR.
“There is no evidence, there is no corpus delicti. There is a disassembly between business entities, businessmen, law enforcement officers were drawn into it. They tried to put things in order by taking the case to the Investigative Department, and they were prosecuted for this, ”said RBC lawyer Pavel Lapshov, who defends Biryukov.
“As far as I know, all three have the same position: they fully followed the law, everything that they did was in accordance with the CPC, job descriptions, all normative acts in the world.” Lapshov emphasized that investigators, in particular, are charged with mitigating Khudoyan’s preventive measure, although the court did not take the appropriate decision.
About a month ago, Khudoyan was summoned to the Investigative Committee to give explanations as part of a check against investigators, his lawyer Alexander Zabeyda told RBC: “He said that he did not give anyone any money, and this whole story has nothing to do with him.”
The officers did not demand any money from Khudoyan, rumors that the developer paid a certain bribe to investigators are not relevant, said Zabeyda. “At the time the case was transferred from the Main Directorate of the Main Directorate of the Ministry of Internal Affairs of Moscow to the Investigative Department, he was in a pre-trial detention center and could not meet with anyone. Then he was transferred to house arrest, and his contacts were also limited. Moreover, he was not transferred to house arrest immediately after the transfer of the case to the SD, ”Zadeida said.
He emphasized that the defense regularly complained about the actions of the investigation, including business ombudsman Boris Titov, whose apparatus made a conclusion about the illegality of Khudoyan’s arrest, that the case relates to the business sector and about violations in it (in particular, it was brought against based on a statement from a person who cannot be a representative of the victim).
The Khudoyan case
In 2015, entrepreneurs Sergei Govyadin, Ildar Samiev and Albert Khudoyan agreed on joint participation in the construction of a residential complex on the territory of the former "Airport Terminal". Land plots located on Leningradskoye Shosse were leased from a company controlled by Khudoyan through Cyprus offshore.
Govyadin and Samiev acquired a 50% stake in Visenia Enterprises and issued them to Mansfield Executive Limited. The Ministry of Internal Affairs believed that in 2016, Khudoyan, secretly from his partners, made a number of transactions and the alienation of property, which resulted in damage to Beef and Samiev in the amount of $ 150 million.
The decision to institute proceedings was signed by the chairman of the Investigative Committee, Alexander Bastrykin, it is dated April 1. A copy of the document is at the disposal of RBC, its authenticity was confirmed by a source in the TFR.
The document says that Biryukov and Krakovsky and the senior investigator for particularly important cases, Colonel of Justice Alexander Bryantsev, abused their official powers. Earlier, sources of RBC and TASS reported that the officers were detained in the case of receiving a bribe of 10 million rubles.
The Main Directorate of the Ministry of Internal Affairs in Moscow investigated a criminal case against the developer Albert Khudoyan, he was accused of committing fraud on an especially large scale. The case file spoke about the theft of the long-term lease of three land plots from the Manzfield Executive Limited company in the Leningradskoye Shosse area. “To these sites, worth 2.2 billion rubles. an arrest was imposed with a ban on transactions, ”the source added.
At the beginning of July 2019, employees of the Investigative Department of the Ministry of Internal Affairs "out of mercenary interest, intending to get an illegal remuneration from Khudoyan," seized the case from the Moscow central department of the Ministry of Internal Affairs, taking it to the SD - transferred it to the investigation department "under the guise of organizing an objective investigation," the resolution says initiation of proceedings.
At the same time, in his report addressed to the head of the department, Colonel General Alexander Romanov, Biryukov wrote that Khudoyan was arrested illegally, since the case relates to the field of entrepreneurial activity. The plans of the generals of the Ministry of Internal Affairs were to mitigate the punishment and re-qualify Khudoyan’s actions for fraud associated with non-fulfillment of contractual obligations in the field of entrepreneurship, approved in a resolution.
The case went to investigator Bryantsev. In October last year, Biryukov and Krakowski ordered the investigator to remove the arrest from Khudoyan’s precincts, transfer him to house arrest and retrain the charge. Bryantsev understood that there was no reason for this, but decided to fulfill the will of the bosses “for reasons of careerism, trying to please” the leadership, the investigation believes.
The actions of Krakovsky, Biryukov and Bryantsev led to "unreasonable mitigation" of the preventive measure against Khudoyan, "return to him of theft objects" - land plots worth 2.2 billion, and the inability to return these plots to their rightful owner, the resolution says. The officers undermined the authority of the internal affairs bodies by their actions and discredited the law enforcement activities of the state in the fight against crime, according to the TFR.
“There is no evidence, there is no corpus delicti. There is a disassembly between business entities, businessmen, law enforcement officers were drawn into it. They tried to put things in order by taking the case to the Investigative Department, and they were prosecuted for this, ”said RBC lawyer Pavel Lapshov, who defends Biryukov.
“As far as I know, all three have the same position: they fully followed the law, everything that they did was in accordance with the CPC, job descriptions, all normative acts in the world.” Lapshov emphasized that investigators, in particular, are charged with mitigating Khudoyan’s preventive measure, although the court did not take the appropriate decision.
About a month ago, Khudoyan was summoned to the Investigative Committee to give explanations as part of a check against investigators, his lawyer Alexander Zabeyda told RBC: “He said that he did not give anyone any money, and this whole story has nothing to do with him.”
The officers did not demand any money from Khudoyan, rumors that the developer paid a certain bribe to investigators are not relevant, said Zabeyda. “At the time the case was transferred from the Main Directorate of the Main Directorate of the Ministry of Internal Affairs of Moscow to the Investigative Department, he was in a pre-trial detention center and could not meet with anyone. Then he was transferred to house arrest, and his contacts were also limited. Moreover, he was not transferred to house arrest immediately after the transfer of the case to the SD, ”Zadeida said.
He emphasized that the defense regularly complained about the actions of the investigation, including business ombudsman Boris Titov, whose apparatus made a conclusion about the illegality of Khudoyan’s arrest, that the case relates to the business sector and about violations in it (in particular, it was brought against based on a statement from a person who cannot be a representative of the victim).
The Khudoyan case
In 2015, entrepreneurs Sergei Govyadin, Ildar Samiev and Albert Khudoyan agreed on joint participation in the construction of a residential complex on the territory of the former "Airport Terminal". Land plots located on Leningradskoye Shosse were leased from a company controlled by Khudoyan through Cyprus offshore.
Govyadin and Samiev acquired a 50% stake in Visenia Enterprises and issued them to Mansfield Executive Limited. The Ministry of Internal Affairs believed that in 2016, Khudoyan, secretly from his partners, made a number of transactions and the alienation of property, which resulted in damage to Beef and Samiev in the amount of $ 150 million.
Officials
- Samiev Ildar
- Bastrykin Alexander
- Biryukov Alexander
- Krakovsky Alexander
- Bryantsev Alexander
- Khudoyan Albert
- Govyadin Sergey
- Ministry of Internal Affairs of the Russian Federation
- Investigative Committee of Russia
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