In Omsk, an unusual trial ended. Former federal judge Sergei Moskalenko was accused of taking a bribe of 6 million rubles. from the developer Victor Berg for making that acquittal. Unconventionality of the situation was that both the judge and the entrepreneur had long been dead. As a result, Sergei Moskalenko was found guilty, but he did not determine the punishment.
In Omsk, a posthumous trial was held of the accused ex-judge Sergei Moskalenko, said Larissa Boldinova, the official representative of the regional department of the Russian Investigative Committee. An intricate story, laid down in the basis of the criminal case, began back in 2010. Law enforcement authorities sent to the Kuibyshev District Court Omsk the case of the general director of the construction firm "Omstroy-2001" Victor Berg, who was accused of embezzling over 100 million rubles. more than four hundred co-investors, non-payment of wages, deliberate bankruptcy of their company, only seven articles of the Criminal Code of the Russian Federation. In October 2015, when a long trial was already coming to an end, the businessman was killed. He was discovered shot in a forest belt on the outskirts of Omsk next to his car. Judge Sergei Moskalenko, who was in charge of the criminal proceedings, closed the case.
In December 2015, Judge Moskalenko himself became a suspect in the investigation. At the petition of the head of the SCR, Alexander Bastrykin, the Qualification Collegium of Judges (KKS) of the Omsk Region removed immunity from Sergei Moskalenko. The judge was suspended from work for the period of the trial and charged under Part 6 of Art. 290 of the Criminal Code (bribe in a particularly large amount). According to the investigation, in the period from February 2011 to October 2015, the judge received over 6 million rubles from the developer Viktor Berg. for making that acquittal. The main amount, according to the siloviki, Sergei Moskalenko received cash. In addition, the entrepreneur paid for the construction materials and repairs in the garage, which the judge used.
In mid-January 2017 Omsk CCS was to consider the appeal of the TFR to issue a sanction for the arrest of Judge Moskalenko. However, a few days earlier the judge was found hanged in a city park. The case of a bribe could be terminated with the wording "in connection with the death of the accused", but the daughter of judge Ekaterina Bespalova insisted on continuing the investigation, which wanted to return her good name to her father. Earlier Ms. Bespalova managed to achieve the cancellation of the decision of the Omsk KKS, which gave consent to the criminal prosecution of her father in the case of the murder of the developer.
In October 2017 in the Omsk Regional Court began the trial of the deceased judge. On the side of the charges came the relatives and friends of the murdered builder. The son of businessman Denis Berg claimed that he supervised the repair of the former judge's garage. According to the widow of businessman Tamara Berg, her husband told her how during the meetings that took place, including in the judge's apartment, the judge behaved extremely cautiously: he demanded to turn off the phone and get a battery from the mobile phone. Familiar family Berg reported that the entrepreneur told her about the desire to sell the apartment to pay off the judge.
The defense party responded that Viktor Berg at the trial partially acknowledged the guilt, including in the non-payment of wages, which made it impossible to render him an acquittal. Judge's daughter Ekaterina Bespalova claimed that her father even showed her a draft of a judicial decision, from which it followed that Mr. Berg could not escape severe punishment. She applied for the inclusion of the draft document in the case file, but was refused on the grounds that the date when it was drafted is not known.
No money was involved in the accusation, the pope from Berg did not receive, "Mrs. Bespalova, a former employee of the investigative bodies herself, said in court.
"On the basis of the evidence presented by the prosecution, the court passed a conviction without imposing a penalty. In connection with the death of the accused, the criminal case was dismissed, "the Omsk regional prosecutor's office said. As the press secretary of the regional court Anastasia Lukyanova reminded, the decision to dismiss the case can be appealed.