The former head of Rosbank will be sentenced through his subordinate

The bank's vice president Tamara Polyanitsyna made a plea agreement and will soon appear in court, which can later be used to convict ex-Chairman of the Board Vladimir Golubkov according to the principle of issue preclusion. 
17.09.2013
Izvestia
Origin source
Investigative Committee actually completed the first part of the investigation of the scandalous criminal case on corruption in Rosbank, which are accused by the former Chairman of the Board Vladimir Golubkov and his subordinate - Senior Vice President Tamara Polyanitsyna. In the near future about the case against her complicity in commercial bribery will be sent to the court. Polyanitsyna made a deal with the investigation and acknowledged their guilt, so she can look forward to a more lenient punishment. Investigators used a popular tactic in recent years: Polyanitsynoy sentence on the basis of prejudice and warrants condemnation of Golubkov.

According to "Izvestia", the main investigative actions in the case of Tamara Polyanitsynoy completed in the near future the materials will be submitted for the approval of the prosecutor's office, and then in court. Former senior vice president of Rosbank is charged under Art. 33 and 204 of the Criminal Code ( "aiding and abetting commercial bribery"), for which she faces up to 12 years in prison and a fine up to 50 times the size of the bribe.

According to investigators, he was an active participant Polyanitsyna istOria extortion chairman of Rosbank Vladimir Golubkov $ 1.5 million in business Tatiana and Andrei Kovalev for the prolongation of the loan agreement and the conclusion of additional agreement with a decrease in lending rate and the amount of monthly payments on the loan.

As previously told "Izvestia" he Andrei Kovalev, all negotiations with him on behalf of the Golubkov was led Polyanitsyna. She received him in the restaurant part of a bribe of 5 million rubles, and then was arrested by operatives. She has agreed to cooperate with the police and when they control the money handed over to the chief, he was arrested.

In the election of court for Polyanitsynoy preventive measure, she asked for relief, citing the presence of her disabled child and elderly parents who need her attention. The Court nevertheless sent her under arrest.

To collect evidence against Polyanitsynoy investigation was not difficult. All requests Golubkov and money transfer details she discussed with Kovalev openly on the phone, from the first day has cooperated with the investigation, pleaded guilty and testified at his abovea. Polyanitsyna made a deal with the investigation, so her case will be allocated from the ground and the first will go to court. For helping the investigation, it can now look forward to a more lenient punishment - not exceeding two-thirds of the maximum term of art. 204 of the Criminal Code.

- Presumably, in October, the case can go to court - said "News" sources in law enforcement.

The current attorney Tamara Polyanitsynoy Catherine Batinova talk to "Izvestia" refused.

As for the Vladimir Golubkov, that he has good reason to fear the deal with the investigation, concluded his former subordinate. According to the principle of prejudice, as part of the same criminal case before the facts established by the court subsequently accepted without the verification and evidence. Thus, if the court finds Polyanitsynu guilty, it would mean virtually guaranteed and the guilt of the Golubkov.

- We are concerned about the legal regulation of prejudicial, which can significantly affect the court decision on Vladimir Golubkov, — explained "Izvestia" lawyer Timothy Gridnev Golubkov.

According to counsel, and this has a special procedure for the consideration of the criminal case in court Polyanitsynoy - without questioning witnesses and the examination of evidence.

- We are very afraid of this - added Gridnev. - There is a special procedure, there is no one investigates. Polyanitsyna simply an admission of guilt, the prosecutor will say that it really assisted the investigation. And yet!

Gridnev also noted that, in general considers incorrect the practice in Russian courts.

- I believe that the legislator made a mistake, and the issue is not thought out, everything went very irresponsible and does not take into account that there are different motives of the transaction with the investigating authorities, - says Timothy Gridnev.

Recently, investigators have actively practiced the principle of preclusion, which is regulated by Art. 90 Code of Criminal Procedure. Thus, the guilt of the former assistant to the Kirov region Governor Alexei Navalny and businessman Peter Ofitserova the case "Kirovlesa" proven in court, DrawingYas, in particular, to have conviction of their accomplice Vyacheslav Opaleva.

Experts note that the prejudice is "working" just in economic affairs, and therefore - is applicable in a criminal case Golubkov, who is accused of committing commercial bribery on a large scale.

- Prejudice is especially practiced the last two years and for Economic Affairs, - explained "Izvestia" the chairman of the Interregional Bar Association Vladimir foal. - For the first trial verdict in the case is of great importance, and the defenders have to try to make the other person is not condemned "in the machine."

Vladimir Golubkov and Tamara Polyanitsyna were arrested May 15, 2013 in Moscow. Victims in the case are currently the co-owner of "eco-friendly office" holding well-known musician and producer Andrei Kovalev and his ex-wife Tatiana.

Immediately after the arrest in May 2013, a former banker, was placed under house arrest. However, in August Presnensky court changed the measure of restraint for him by sending in jail custody till October 16, 2013. Powond this was the request of the investigator, who believes that GOLUBKOV not comply with the terms of house arrest: communicated to the driver and unknown people broke the rules of the road. All known investigators property of ex-banker, currently under arrest.