Court concludes that Federal State Unitary Enterprise Ateks of Fund for Special Operations can’t be part of organized criminal community that renovated Putin’s residence
Case into Putin’s residence was given back to the Prosecution Service, as there were multiple violations of the Criminal Procedure Code.
The Third District Military Court of Moscow has given back a case into creation of an organized criminal community - for theft of budget funds allocated for construction of a residence of the President of Russia in Novo-Ogaryovo - to the Prosecution Service, reports Kommersant. The Court concludes that Federal State Unitary Enterprise Ateks of the Fund for Special Operations can’t be a part of the organized criminal community that renovated Putin’s residence.
The defendants in the case are a head of Forum holding Dmitry Mikhalchenko, an ex-head of the Federal State Unitary Enterprise Ateks of the Fund for Special Operations Andrey Kaminov, an ex-head of the engineering support service of the Fund for Special Operations - Major General Igor Vasiliev, a head of the engineering support service Dmitry Ulitin, and ex-CEO of Klimat prof company. The Investigative Committee of Russia accused them of creation of an organized criminal community and malfeasance (item 3 of article 210 of the Criminal Code of the Russian Federation), as well as embezzlement on an especially large scale (item 4 of article 160 of the Criminal Code of the Russian Federation).
During the hearings, the defence team noted that a letter of accusation prepared by the Prosecution Service has multiple violations of the Criminal Procedure Code that would bother the consideration of the case. The Court got familiar with the defence team’s arguments and concluded that the Prosecution had not indicated elements of an organized criminal community the defendants had been accused of and had not provided the evidence of their participation therein.
Besides that, the Court found that the accusation of embezzlement of the budget funds had not been nuanced, but had been full of platitudes unsupported by expertise. Besides that, there were papers added to the case. The papers stated that the Fund for Special Operations did not consider itself a victim. The Court also insisted that the Federal State Unitary Enterprise Ateks of the Fund for Special Operations can’t be a part of an organized criminal community. As a result, the case was given back to the Prosecution Service in order to eliminate the violations.
The criminal case into embezzlement in Novo-Ogaryovo was initiated by the Investigative Committee of Russia in March, 2017. Besides Mikhalchenko, Kaminov and Vasiliev, the defendants in the case are a senior executive of Stroyfasad company (a part of GK Baltstroy) Stanislav Kyuner, an ex-head of Stroykomplekt company Dmitry Torchinsky, and businessmen Sergey Perevalov and Sergey Litvinov. These defendants made pre-trial agreements with the investigation, having admitted guilt of embezzlement. So, their cases were separated.
The criminal case was caused by non-performance of a contract worth of 5.7 billion rubles ($85 million) tied in 2012 between the Fund for Special Operations and the Federal State Unitary Enterprise Ateks. This money was meant to be spent on building of a reception house, a hotel, commandant’s headquarters, a garage, a storage shed, a checkpoint and a boiler-house. The advance payment to contractors (to Dmitry Mikhalchenko, according to the investigation theory) was 2.6 billion rubles. The final dates were rescheduled a few times. The investigation believes that a part of the funds allocated for the works was transferred from the accounts of Ateks and Stroyfasad to fly-by-night companies and then cashed out and used at sole discretion. By the end of the investigation, the damage was estimated at 1.3 billion rubles ($20 million). In July, 2018, the article on creation of an organized criminal community appeared in the case which allowed to prolong the arrests of the accused for more than a year.