In the Orenburg region, the pressure of the hybrid breeding center "Vishnevsky" continues to grow with each passing day, one of the largest livestock breeding and breeding centers in Russia.
The story began a year ago with harsh searches, when the siloviki literally paralyzed the work of the enterprise, then the arrest and placement in the pretrial detention facility of the founder and owner of the HCS, Viktor Zheleznov, followed. Now more - as if specifically to scare the creditors and foreign partners of the complex, Zheleznov as a particularly dangerous criminal is being driven around the stage and transferred from the cell to the cell. At the same time, the administration of the pre-trial detention center refused to visit the businessman by the authorized representative for the rights of entrepreneurs in the Orenburg region Viktor Korshunov. The reason was that Viktor Zheleznov is "not an entrepreneur," and the criminal case for a subsidy for a pig farm is not related to entrepreneurial activity. The details of the story are on Znak.com.
From the hands of the governor to the pigs on the road
The history of the VGS "Vishnevsky" began in 2006, when a young businessman Viktor Zheleznov bought a practically ruined farm, took out loans and began a large-scale modernization. New equipment was purchased, modern buildings were rebuilt. By 2007, the company actually started working by purchasing 200 pigs. The staff at that time was only 8 people. Innovative approaches to the breeding and selection of pigs, which are not in Orenburg, as well as the maximum automation of production and support of the regional government allowed to develop rapidly, in addition, several more unprofitable farms were purchased for reconstruction. As a result, in 2011, Vishnevsky received the official status of a selection-hybrid center, which in Russia is only ten. Today, 85,000 heads of thoroughbred breeding pigs are grown here at the same time, their feed mill, primary and deep processing pork meat processing plants with a capacity of up to 8,000 tons per year are operating. In the group of industries, 700 people work. The group is estimated at more than two billion rubles. Revenues are also about one billion rubles a year. Most of it is invested in business development.
It is logical that the modern enterprise by 2012-2013 became the pride of the agro-industrial complex of the Orenburg region. Governor Yuri Berg actively presented the SHC to all the high-ranking guests of the region - from the Russian presidential aide Konstantin Chuichenko to the Russian Minister of Agriculture Nikolai Fedorov. Government support really felt, which, among other things, facilitated the conclusion of treaties at the international level. In May 2017, Yuri Berg personally gives Viktor Zheleznov a gratitude for his contribution to the development of the investment climate in the region. This was the last handshake of the governor. And then something happened - in September 2017, instead of foreign guests at the SGC and all of its subsidiaries came, or rather burst into the people in masks. Employees of the center, so not expecting the siloviki, initially took them for ordinary invaders.
This is how the employees of the center, mostly the residents of the countryside and young specialists, recall the visit of investigators, operatives and OMON fighters in their address to Alexander Bastrykin, the head of the Russian Defense Ministry and Boris Titov, the commissioner for the rights of entrepreneurs in Russia: "People in masks literally blocked work. Production stopped. The equipment has risen. The operative group seized not only the documentation, but computers, including those responsible for the operation of all systems of the complex (ventilation, feeding and other animal life support systems). Many thousands of livestock of breeding animals were threatened with death ... We know perfectly well that such criminal cases are beneficial to someone within the framework of market redistribution, but they are not profitable for employees. More than 500 employees, whose families and children, were broken. It's like a little "nuclear war". But we are still coping and can handle everything on our own, so long as we do not get in the way of work. "
As a sign of protest against the harsh actions of the investigation, and to draw attention to their problem, the employees of the SHC took an unprecedented step - on September 11 last year, people gathered a dozen pigs from the plywood enclosure and blocked the federal highway Orenburg-Sol-Iletsk . As a result, several people were detained by the police, 23 administrative protocols were drawn up on the fact of holding an unsanctioned rally. The police, dispersing participants of the action, acted aggressively. However, at that time, the protest action made it possible to clarify what was happening - the investigation formally commented on the searches and told about the criminal case.
Modernization as an excuse for a criminal case
This is the essence of the criminal case, which, according to the investigation, is not at all connected with entrepreneurial activity.
The criminal case was initiated under part 4 of Art. 159 of the Criminal Code of the Russian Federation ("Fraud in a particularly large amount") on the theft in 2014-2015 of 90 million rubles from the budget allocated as a subsidy to reimburse part of the direct costs incurred to create or modernize the objects of the AIC in connection with the implementation in the Orenburg region of investment project on the creation and modernization of the selection and genetic center on the basis of the VGS "Vishnevsky".
According to investigators, the management of the complex, by overstating the cost of works on the reconstruction of the pig farm "Timashevskoye" bought in 2014, illegally received a subsidy from the budget, without the right to do so. The investigation believes that a grant under the law could be issued only for "creation and (or) modernization, and in this case it is a question of reconstruction." All the explanatory dictionaries call these words synonymous, they have the same lexical meaning. But for the UK these are completely different concepts.
The basis for the initiation was the results of operational and investigative activities, and by and large - some reference to the investigation and testimony of the former accountant and co-owner of Timashevsky, who stated that there was no modernization, that all equipment was still in her work at the enterprise, before the arrival of Zheleznov.
In this case, a woman together with the former owner of Timashevsky, Alexander Salo, who brought him to bankruptcy, is accused of misappropriating and squandering 500 million rubles. This may be the reason to give the necessary testimony and, perhaps, to ease your punishment, or avoid it altogether.
It is important to take into account another controversial issue: in the case of Salo it is stated that he, having taken 500 million loans for the reconstruction of the pig complex, scrolled and appropriated all the money, having reconstructed, in fact, the construction debris and the materials collected in the village. However, already in the "Vishnevsky" case the woman says that at the time of her work on the farm everything was new, so there was nothing to modernize Zheleznov. Investigations pointed to such inconsistencies, but these remarks were ignored.
About a year allegedly an uncritical criminal case, which, by the way, was initiated not in the bodies of the Ministry of Internal Affairs, but in the Investigation Committee, simply hampered the work of the SGC. At the same time, as the defense says, the investigation did not conduct any significant expertise - financial, economic or construction-technical - during the pre-investigation investigation.
Persons who, according to actual circumstances, clearly fell into the circle of suspects, for a long time remained in the status of witnesses. According to lawyer Viktor Zheleznov Vladimir Tishin, this was clearly done in order to limit the defendants in the right to defense.
"All the activities of the SSC" Vishnevsky "are transparent, the investigation was initially aware of who is the founder, who is the leader, who submitted the documents to the Ministry of Agriculture of the region to receive the subsidy," says Vladimir Tishin. - That is, the circle of suspects was determined at once. But not a single suspect until the middle of June 2018 in the case was, although in fact the criminal prosecution was conducted against specific individuals. Thus, in our opinion, the investigation deliberately actually restricted us in the exercise of the right to defense, because the status of the witness did not allow Zheleznov to get acquainted with important procedural documents - the resolution on initiating the case, the decision on the appointment of examinations. Corresponding complaints about illegal actions of the investigation were sent to Alexander Bastrykin, the head of the IC of Russia. "
Arrest on formal occasions and neglect of testimony
Viktor Zheleznov, as well as the Minister of Agriculture of the region, Mikhail Maslov, who issued an alleged illegal subsidy, conspiring with Zheleznov, were detained on June 14, 2018. On the morning of June 15, they were charged with fraud, and then on June 16 the Leninsky District Court of Orenburg sent the defendants to the SIZO for a period of two months. Later, Zheleznov, in conversation with his lawyer, will say that for him the arrest was and remains a shock - at home his wife and two young children, without a leader there remained the largest enterprise connected with multi-million dollar obligations to creditors and partners.
"After reading the decision to bring Zheleznov as an accused, we once again became convinced of the absurdity of the claims of the investigation," lawyers say. - According to investigators, Zheleznov almost from the first years of work on the development of "Vishnevsky" conceived to commit crimes. For, as follows from the decree, he initially acquired useful communications in the government, sought the favor and favor of the first persons. That is, Zheleznov was blamed for everything that business representatives usually do when they develop their business. But, according to the investigator, Zheleznov acquired ties allegedly from the calculation to introduce his company into the existing state program to support agricultural producers. Then, realizing the criminal intent, he bought the unprofitable "Vishnevsky" and, only to get a subsidy, began to reconstruct it.
Only here in modernization, and, as the investigation believes, it is incomprehensible than the "reconstruction" that differs in meaning, Zheleznov invested about 700 million rubles of his own and borrowed funds! And all this, as SK assures, to get an ill-fated subsidy. "
And the investigation of the charge, and the court, when choosing an exceptional measure of restraint in respect of the entrepreneur, openly ignored his position and the words of the lawyers.
So, for some reason, no one took into account that, before submitting documents for a grant, the contest project received a positive opinion of the state expertise, a positive opinion of the control and accounting chamber, the conclusion and examination of a number of ministries and departments.
In addition, taking as a basis for the testimony of the defendant Alla Churilova, the investigation ignored the testimony of Sergei Kabanov, the head of Timashevsky. He tried to explain to the investigators that the former accountant is lying. At the time of acquisition of the complex there was not even heating. Completely had to change the water supply. And the old equipment, which was replaced by a new one, is stored on a separate site. It was Kabanov who insisted on conducting an examination. The director of the "VGS" Vishnevsky "» Vildana Muratova, who also tried to explain the circumstances of the modernization, was asked to leave the premises. In addition, Muratov's statement that the company has reserved funds for the allegedly illegal subsidy is also ignored. And, if necessary, Vishnevsky will return it.
The investigator for especially important cases of the third department for especially important cases of the CSG of the SK of Russia, going to court with a petition for a guard for Zheleznov, according to lawyers, did not even try to come up with original reasons. The set turned out to be standard: it might disappear, put pressure on witnesses, destroy evidence.
Courts, both first and appellate, this was enough. Zheleznova was detained in a remand prison for two months. However, like Mikhail Maslov, but the last measure of restraint was quickly changed under house arrest, from which the minister, feeling deeply, burst into tears right in the courtroom.
"Most likely, Maslov just broke down and gave the necessary testimony," the Znak.com source said. - But the pressure on "Vishnevsky" is like a very active attack against the governor Yuri Berg. And an attempt to beat out confidences from Zheleznov is nothing but a way to gain new leverage to influence the head of the region. It is not for nothing that rumors are circulating in the region about the soon resignation of the governor, and soon after the arrest of Maslov and Zheleznov, information appeared on the alleged search of Yuri Berg. At the same time, the apparatus of the governor and the regional government remain silent. "
Znak.com interviewed experts believe that such an explicit "protection" of one of the accomplices in a criminal case is unlikely to be true, most likely, the release Maslov under house arrest is not that other, as "operative technique," he says, "Maslov has all passed, so came out, think about it, start cooperating with the investigation. "
Incidentally, it should be noted that the prosecutor's office filed a submission to a court order on measures of restraint in the form of house arrest, but on July 20 the Orenburg Regional Court dismissed it, thus leaving the Minister Maslov awaiting trial at home.
SIZO as a method of pressure
In the business community, the arrest of Zheleznov and his placement in the SIZO is assessed as an excessive measure. It is not ruled out that this is done to exert pressure on both the person involved and his entourage, including counterparties and creditors. Another version - to bring down the value of the enterprise and then turn the scheme for the alienation of property. The raider capture with the support of the siloviki is a variant that I do not want to believe in, but which is very likely.
"In 2013 we held a picket. And our main requirement was that all those involved in corruption articles should not be in jail, "says Maxim Skivko, chairman of the trade union for small and medium-sized businesses in Orenburg. - It must be either under house arrest or under a written undertaking not to leave the place. In the case of Viktor Zheleznov I consider it necessary to release him on bail with a restriction of departure outside the Orenburg region. And let the person continue to work. If this happens with any other entrepreneur, in my opinion, such a measure is too much. The guilt has not been proven yet, we must continue business. And in this situation, a cash gap begins, which always ends pitifully. That is, in the end, the enterprise will not cost a billion, but 200-300 million. Thus, it is possible to significantly reduce the cost of business. Anyone. "
State Duma deputy Sergei Katasonov recalls that the president said: there are questions - decide. But in no case should the head of the enterprise be closed before the court decision. He must fulfill his functions so that his business continues to live, work, so that jobs will be preserved.
"And not only I'm talking about this. And United Russia says this. That here we have a problem! The fact that we can not give confidence. The enterprise must function before the decision is made by the court. Such processes, unfortunately, do not allow the economy to develop. At us any not absolutely correct relation to business is a colossal loss. Losses for the budget, for the region, loss of jobs, "- summed Katasonov.
In this case, as another lawyer Zheleznov Oleg Levchenko said, his client is constantly transferred from one cell to another, trying to aggravate the situation and put pressure on the entrepreneur, so he gave confessions. For the time that Zheleznov is in prison, he has already replaced 5-6 cameras.
To put finding Zheleznova in jail for at least some public control, employees of the company appealed to the Commissioner for Human businessmen Boris Titov and local business ombudsman Viktor Korshunov. The latter sent Orenburg's SIZO-1 leadership, where Zheleznov was held, a request to visit a person under investigation, but was refused, which is difficult to explain logically.
"Authorized persons have the right to visit accused without special permission, if they are accused of crimes related to entrepreneurial activity," the reply states. "According to the decision of the Leninsky district court ... the crime in which Zheleznov is accused does not show any signs of entrepreneurial activity ... He is accused of committing a serious crime of mercenary orientation ... Based on the above, you should take special permission from the investigator."
On the qualifications reported Bastrykin
Defense Zheleznov tries to convince the investigation of the infidelity of the qualification of the crime and its investigation in the UK. The last step was the appeal of the enterprise's staff to the head of the SK of Russia Alexander Bastrykin.
"Criminal cases of this category belong to the investigative authorities of the internal affairs bodies, but not to the Investigative Committee of the Russian Federation. We do not understand what caused such a significant interest in our company, that the criminal case was opened and investigated not by the Interior Ministry or even by the regional investigative committee, but by the main investigative department of the Investigative Committee of Russia? - write the staff of the SGS. "What are we so special about?" Why CSD of the Russian Federation? The Office of the Investigative Committee for the Orenburg region is not able to investigate this misunderstanding? "
A year, and after the arrest of Zheleznov, especially, "Vishnevsky" is feverish. Lenders assess the risks, the international partner is in constant tension because of fear of failure of contractual obligations. However, the employees say that they work, they keep and are fighting for the advanced production, which the state tries to destroy by the hands of the investigative body. It is possible that ignoring the attempts of employees, lawyers and Zheleznov himself to conduct a detailed investigation and establish the truth will result in a new protest action.
"This is lawlessness, this is either raiding, or trying to reach the governor with us. In any case, this kills the business, and with it the economy of the region and the whole country, "the employees concluded.