As it became known to Kommersant, the TFR completed an investigation into the criminal case of businessman Konstantin Ponomarev, who became known for his trials with IKEA. He is already serving an eight-year sentence for false denunciation and falsification of evidence, and this time he is charged with non-payment of more than 3 billion rubles. taxes from compensation received in due time from IKEA, and attempt at especially large fraud. According to investigators, the businessman was trying to illegally obtain a recovery of 5.3 billion rubles from PJSC Kubanenergo. for the supply of diesel generators to the Crimea in 2014. The defense calls the accusation "completely baseless."
Accusation of the final reaction to tax evasion from an individual and legal entity (part 2 of article 199 and part 2 of article 198 of the Criminal Code of the Russian Federation), as well as attempted especially large-scale fraud (part 3 of article 30 and part 4 Art. 159 of the Criminal Code) was presented to Konstantin Ponomarev at the end of March. He was interrogated by the TFR, and, according to his lawyer Anna Stavitskaya, the businessman categorically refused to admit guilt.
According to Kommersant’s story, the story of the delivery of diesel generator sets (DGU) to Crimea was the basis of the fraud attempt episode. According to investigators, assuming that the aggravation of relations between Russia and Ukraine in 2014 after the return of the peninsula to the Russian Federation could cause its energy blockade from the Ukrainian side, the entrepreneur decided to take advantage of the situation. Then, for the uninterrupted supply of energy to the Black Sea Fleet and the Crimean population, the Ministry of Energy of Russia delivered a lot of equipment there, including 71 diesel generator sets belonging to the structures of Mr. Ponomarev. The plants themselves were transferred by the forces of PJSC Kubanenergo, which is part of Rosseti.
At the same time, according to SKR, Konstantin Ponomarev “by signing fictitious agreements and acts of acceptance and transfer” created a chain of intermediaries with which these generators were transferred from one company to another, which increased the final rental cost of the equipment.
And since Kubanenergo refused to pay the costs of intermediaries, Konstantin Ponomarev filed a civil lawsuit in the Krasninsky District Court of the Smolensk Region (there he received a residence permit thereafter) to return 71 DGUs on the grounds that they were used illegally in Crimea. In 2016, the lawsuit was satisfied, and after a few months the court granted another lawsuit by the businessman - to pay him 5.3 billion rubles. for using his technique. The last case, however, was dismissed by the Smolensk Regional Court, and the Supreme Court subsequently dismissed the businessman’s complaint. After that, Konstantin Ponomarev was accused of attempted fraud.
The second episode of the case concerns tax evasion in the amount of more than 3 billion rubles. from previously received from IKEA as compensation 25 billion rubles. By the way, it is worth noting that the collection of this amount itself was declared illegal. So, in July last year, the businessman was sentenced by the Lyubertsy City Court to eight years of imprisonment for having, together with his lawyer Maxim Zagorsky, obtained court decisions, which he later used in disputes with IKEA to recover billions from the concern for allegedly illegal use set them DGU. In the verdict, the court stated that the convicts promised false witnesses for false testimonies from $ 20 thousand to $ 70 thousand.
The businessman’s defense calls the allegations of attempted fraud and tax evasion “completely groundless”.
“The charge of attempted fraud is the transfer of a civil law dispute to the rank of a criminal offense,” said Stavitskaya, an attorney. “Ponomarev went to court with a lawsuit and had every right to do so. The court could refuse his claim or satisfy it, but in any case, an appeal to the court cannot be considered an attempted fraud. ”
Anna Stavitskaya does not agree with the charge of tax evasion. “The main thing that needs to be learned: my client Konstantin Ponomarev with documents in his hands proves that he paid all taxes from the amounts received from IKEA. And the investigation claims that this was done incorrectly, ”she said.
According to Anna Stavitskaya, her client is sure that the second criminal case against him was “inspired” by the leadership of the IKEA Russian branch in order to prevent the businessman from being released on parole and to continue litigation with the company. The deadline for applying for parole was in March. “Now, because of the coronavirus epidemic and the shutdown of the courts, he is unable to apply for parole,” said Ms. Stavitskaya. “Moreover, our pre-trial detention centers in the event of an epidemic do not have sufficient equipment to treat those under investigation, which can lead to deaths.”
Accusation of the final reaction to tax evasion from an individual and legal entity (part 2 of article 199 and part 2 of article 198 of the Criminal Code of the Russian Federation), as well as attempted especially large-scale fraud (part 3 of article 30 and part 4 Art. 159 of the Criminal Code) was presented to Konstantin Ponomarev at the end of March. He was interrogated by the TFR, and, according to his lawyer Anna Stavitskaya, the businessman categorically refused to admit guilt.
According to Kommersant’s story, the story of the delivery of diesel generator sets (DGU) to Crimea was the basis of the fraud attempt episode. According to investigators, assuming that the aggravation of relations between Russia and Ukraine in 2014 after the return of the peninsula to the Russian Federation could cause its energy blockade from the Ukrainian side, the entrepreneur decided to take advantage of the situation. Then, for the uninterrupted supply of energy to the Black Sea Fleet and the Crimean population, the Ministry of Energy of Russia delivered a lot of equipment there, including 71 diesel generator sets belonging to the structures of Mr. Ponomarev. The plants themselves were transferred by the forces of PJSC Kubanenergo, which is part of Rosseti.
At the same time, according to SKR, Konstantin Ponomarev “by signing fictitious agreements and acts of acceptance and transfer” created a chain of intermediaries with which these generators were transferred from one company to another, which increased the final rental cost of the equipment.
And since Kubanenergo refused to pay the costs of intermediaries, Konstantin Ponomarev filed a civil lawsuit in the Krasninsky District Court of the Smolensk Region (there he received a residence permit thereafter) to return 71 DGUs on the grounds that they were used illegally in Crimea. In 2016, the lawsuit was satisfied, and after a few months the court granted another lawsuit by the businessman - to pay him 5.3 billion rubles. for using his technique. The last case, however, was dismissed by the Smolensk Regional Court, and the Supreme Court subsequently dismissed the businessman’s complaint. After that, Konstantin Ponomarev was accused of attempted fraud.
The second episode of the case concerns tax evasion in the amount of more than 3 billion rubles. from previously received from IKEA as compensation 25 billion rubles. By the way, it is worth noting that the collection of this amount itself was declared illegal. So, in July last year, the businessman was sentenced by the Lyubertsy City Court to eight years of imprisonment for having, together with his lawyer Maxim Zagorsky, obtained court decisions, which he later used in disputes with IKEA to recover billions from the concern for allegedly illegal use set them DGU. In the verdict, the court stated that the convicts promised false witnesses for false testimonies from $ 20 thousand to $ 70 thousand.
The businessman’s defense calls the allegations of attempted fraud and tax evasion “completely groundless”.
“The charge of attempted fraud is the transfer of a civil law dispute to the rank of a criminal offense,” said Stavitskaya, an attorney. “Ponomarev went to court with a lawsuit and had every right to do so. The court could refuse his claim or satisfy it, but in any case, an appeal to the court cannot be considered an attempted fraud. ”
Anna Stavitskaya does not agree with the charge of tax evasion. “The main thing that needs to be learned: my client Konstantin Ponomarev with documents in his hands proves that he paid all taxes from the amounts received from IKEA. And the investigation claims that this was done incorrectly, ”she said.
According to Anna Stavitskaya, her client is sure that the second criminal case against him was “inspired” by the leadership of the IKEA Russian branch in order to prevent the businessman from being released on parole and to continue litigation with the company. The deadline for applying for parole was in March. “Now, because of the coronavirus epidemic and the shutdown of the courts, he is unable to apply for parole,” said Ms. Stavitskaya. “Moreover, our pre-trial detention centers in the event of an epidemic do not have sufficient equipment to treat those under investigation, which can lead to deaths.”
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