Today marks a year since the arrest of former general director of OJSC "Uralkali" Vladislav Baumgertner. Although this term is the limit for detention, freedom of the entrepreneur will be released in the near future. This is due to the fact that the police artificially, according to the protection, shared criminal cases against Mr. Baumgertner in Belarus and Russia.
Vladislav Baumgertner was arrested August 26, 2013 in Minsk, where arrived for talks with Prime Minister of Belarus Mikhail Myasnikovich. Prosecutor General's Office of Belarus has accused him of committing a crime under Art. 424 of the Criminal Code (abuse of power or official authority). According to investigators, he caused damage in the amount of $ 100 million "Belaruskali" and the Belarusian Potash Company (BPC), together with accomplices underestimating the actual price at which come true products, and directing the proceeds through controlled him company, "extracting with personal gain" .
First, the entrepreneur identified in the famous "American" & mdash; KGB jail in Belarus, and then was transferred to house arrest in a shot by him in Minsk apartment. November 20 Mr. Baumgertner extradited to Moscow where TFR charged him for the same reasons the charge of abuse of authority (Art. 3, Art. 33, ch. 2, Art. 201 of the Criminal Code). According to the decision of the Basmanny District Court, he was also placed under house arrest.
Appeal against another extension of his arrest in Moscow City Court, the defense insisted that the Basmanny Court has not brought concrete evidence and circumstances, "evidence of the need to preserve" the measure of restraint and did not lead evidence alleged Mr Baumgertner intent abscond, threaten witnesses or "obstruct on this case. " In addition, lawyers pay attention to the court that their client is actually in custody since August 26, 2013 and demanded to include his term of Belarus "his release" in the period of detention in the Russian Federation.
If the court agreed with this interpretation, 26 August, after a year of arrest, the businessman should have the freedom to receive, as would have made the deadline for its sodaJania detention under Part. 3 tbsp. 109 of the CCP. The arrest of more than 12 months may be extended only in exceptional cases and only in respect of persons accused of particularly serious crimes, which does not meet the qualification result of the acts of former general director of the "BRIC". Charges against Vladislav Baumgertner refers to moderate severity. However, the Moscow City Court considered that an extension of the preventive measures adopted in compliance with the District Court "all norms of the criminal procedure law," and in full, "according to the requirements of Art. 109 of the Criminal Procedure Code", which regulated questions of detention under house arrest.
Basmanny Court, in ruling, considered in a higher court, "adequately explained its findings on the absence of grounds" to change or cancel a measure of restraint, stressing that the arrest applied to the ex-general director of the "BRIC" does not contradict "norms of international law ". The complaint was rejected by the same lawyers, because the Belarusian and Russian criminal cases were not "connected in a single proceeding," and therefore does not mozhet be taken into account and the total period of the arrest of the entrepreneur in these cases.
The Moscow City Court left Vladislav Baumgertner in custody until 14 November. In November, the annual deadline expires content top manager in custody, and only then it is likely to be released under a subscription. It is worth noting that the second person involved in this case, the first deputy BPC Konstantin Solodovnikov, from the beginning of the investigation is under subscription.
Protection top manager refused to comment on the decision of the Moscow City Court, stressing only that will work to change the measure of restraint for his client.