The Foundation for Support of Socially Significant State Projects (Sotsgosproekt) won a claim to protect honor and dignity against oppositionist Alexei Navalny and the Fight against Corruption Foundation (FBK). The chairman of the supervisory board of the fund is a classmate of Prime Minister Dmitry Medvedev, Ilya Yeliseyev. Lublin District Court of Moscow ordered FBK to remove the fragments of the film within ten days and refute the information from the investigation "He's not Dimon."
"Sotsgosproekt" demanded to recognize the information from the film "He's not yours, Dimon" is not true. In particular, "Sotsgosproekt" found it unreliable information that the fund received from businessman Alisher Usmanov a bribe in the form of a plot of land and a manor in Rublevka totaling 5 billion rubles. The fund also demanded to refute information that he does not conduct real charitable activities.
The Plenum of the Supreme Court explained that the burden of proving the information when filing suits for protection of honor and dignity lies with the defendant, said Dmitry Malbin, a lawyer for Sotsgosproekt. Navalny's lawyer Ivan Zhdanov asked to clarify what business reputation of the fund and how the information that the plaintiffs demanded to refute harmed it. Zhdanov also tried to clarify the representative of the fund, whether the authorized purposes of the "Sotsgosproekt" are met by the property transferred by Usmanov. "Children do not live there, this property is not used to protect the health of citizens. Therefore, I would like to understand for what purposes this property is used, "Zhdanov said.
The property "meets the statutory goals," however this issue is not subject to proof, said the lawyer of "Sotsgosproekt" Malbin. Zhdanov asked to tell what kind of charitable activity the fund is doing, to which the lawyers of Sotsgosproekt stated that this again is not included in the subject of proof, but "if you conducted your investigations better, you would know that the fund helped both children's hospitals and boarding houses, published books about basketball, the anniversary of the city of Anapa, and helped the organization of veteran paratroopers. "
During the trial, FBK lawyers demanded that Dmitriy Medvedev, Ilya Yeliseyev and Alisher Usmanov be brought to court, but the petitions were rejected. Earlier, when the lawsuit of Alisher Usmanov to Navalny and FBK was considered, the defendants demanded that Medvedev and First Deputy Prime Minister Igor Shuvalov be brought to court. "It is difficult for the defendant to provide proof of who is now living in the estate. And the plaintiff does not want to do this, "Zhdanov said. The fact that the court on FBK is filed by Sotsgosproekt and Alisher Usmanov, only a cover for not being filed by Dmitry Medvedev, Zhdanov said during the meeting.
During the debate, counsel Malbin said that the defendants had not proved any of their allegations about the fund. FBK lawyer Vyacheslav Gimadi said that the "Sotsgosproekt" in the statute spelled out a lot of "good things", but they do not deal with them, but own real estate, which is used by Dmitry Medvedev. Zhdanov also believes that "Sotsgosproekt" does not conduct any charitable or other activities, except for transactions with elite real estate.
Sotsgosproekt filed a lawsuit against Navalny and FBK in August. Back in mid-June, Sotsgosproekt filed its pretrial claims with FBK, demanding the removal of certain parts of the investigation on YouTube sites, dimon.navalny.com, navalny.com, fbk.info, within ten days, and publish a refutation. In the investigation film "He's not Dimon", which was released in early March, it is said that the Sotsgosproekt Foundation is organized and managed by Prime Minister Dmitry Medvedev. Through the fund, the Prime Minister allegedly received as a bribe from Usmanov a plot in the village of Znamenskoe on the Rublyovskoye highway. Usmanov later said that the transfer of the house was an exchange deal.
Alisher Usmanov also filed a lawsuit to protect the honor and dignity of Navalny and FBK, eventually he won the lawsuit. Lublin District Court then ruled to remove the entire film "He's not yours," although the plaintiff himself demanded the removal of fragments of the film that relate directly to him. Later, the Moscow City Court confirmed the decision of the Lublin court, specifying that Navalny and FBK should not remove the entire film, but only those parts of it that were listed in Usmanov's lawsuit.