The lawsuit of the Russian Prosecutor General’s Office against the former mayor of Vladivostok Igor Pushkarev, his brother Andrei, who previously headed JSC Vostokcement, and the former head of the municipal unitary enterprise (Municipal Unitary Enterprise) Vladivostok Roads Andrei Lushnikov, entered the Soviet District Court of the capital of Primorye. From the ex-official, his accomplices and six regional enterprises, the supervisory agency expects to recover 3 billion 281 million rubles. Igor Pushkarev, sentenced to 15 years in prison for corruption, continues to insist on his innocence and considers the lawsuit of the Prosecutor General unreasonable.
In the Soviet court of Vladivostok, Kommersant confirmed the information on the receipt of the lawsuit of the Prosecutor General. “I don’t know if the process will be open,” Igor Pushkarev, a former mayor, said on Tuesday on his Facebook page.
Recall, at the end of May, the press service of the Prosecutor General’s Office announced that the department intends to recover 3.2 billion rubles from the ex-mayor of Vladivostok, having prepared a lawsuit in court “on applying to the state’s income for property obtained through corruption”. According to Kommersant’s information, the supervisory authority jointly expects to recover from Igor and Andrei Pushkaryov, Andrei Lushnikov, as well as Spasskcement JSC, DV-Cement LLC, Crushing and Sorting Plant JSC, Vladivostok Buttograpering Plant JSC, JSC Teploozersky Cement Plant, Spassky Asbestos-Cement Plant JSC 3,281,041,979 rubles. as the amount of unreasonable income on contracts concluded in 2008-2015 with the Municipal Unitary Enterprise “Roads of Vladivostok”.
As a result of verification of Igor Pushkarev's compliance with federal laws when concluding contracts for the purchase of building materials for municipal needs, the supervisory authority revealed facts of a cartel conspiracy of the former head of the city and the Vladivostok Roads institution previously under his jurisdiction with his brother's companies (Vostokcement group of companies).
As a result of the conspiracy, at least 90 contracts were concluded and more than 3.2 billion rubles were received on them, ”the Prosecutor General’s Office noted.
The supervisory authority explained that Igor Pushkarev did not report on the conflict of interests arising from family ties. The leaders and shareholders of the Vostokcement group of companies also ignored the corruption conflict of interests with Pushkarev and did not take measures to resolve it. “For providing assistance, Pushkarev received a bribe of 75 million rubles.” In its ruling, the Supreme Court of Russia indicated that the agreements were concluded with the personal interest of the head of the Vladivostok administration and “pursued a common economic interest”. At the same time, the contracts themselves were not advanced, and the bank guarantees submitted for them did not meet the requirements.
Due to the fact that Igor Pushkarev and the heads of commercial organizations violated the prohibitions and restrictions established by law, according to the supervisory authority, all funds received under contracts are subject to collection in the income of the Russian Federation. “The filing of this lawsuit is aimed at compensating the damage caused to the state and society, as well as preventing the unjust enrichment of officials,” the Prosecutor General’s Office explained, noting that Pushkarev himself did not declare the proceeds from the transactions.
The Prosecutor General’s Office, by analogy with the ex-mayor’s criminal case, was counting on a civil lawsuit in the Tver District Court of Moscow. But on July 5, 2019, the Supreme Court of the Russian Federation refused the Prosecutor General's Office to change the territorial jurisdiction of a civil suit, and on August 9, the Supreme Court rejected the appeal of the supervisory authority and decided to consider this claim at the location of the defendant: is it Primorsky Territory or the Jewish Autonomous Region ( location of JSC Teploozersky Cement Plant).
“Both I and my lawyers believe that there are no legal grounds for filing a lawsuit, and their absence was the main reason for filing a motion by the Prosecutor General to submit a lawsuit to the Tver Court,” Igor Pushkarev said on Tuesday.
On April 9, the Tverskoy District Court of Moscow found guilty of committing crimes under Articles 290, 291, 204, 285 (receiving and giving a bribe, mediation in this, commercial bribery and abuse of power) of the Criminal Code of the Russian Federation, Igor Pushkarev, his brother, general manager of a group of companies Vostokcement by Andrei Pushkarev and former head of the Municipal Unitary Enterprise "Roads of Vladivostok" Andrei Lushnikov. The ex-mayor was sentenced to 15 years in high security, his disabled brother was sentenced to eight years probation, and Mr. Lushnikov received a 10-year sentence. All three must also pay fines of 500 million rubles. In addition, Igor Pushkarev is prohibited from holding leading government posts for ten years after serving his sentence. A civil lawsuit filed by the Prosecutor General’s Office to recover 143 million rubles was satisfied. in favor of the enterprise “Roads of Vladivostok”.
“I thought and believe that I did everything right. I deliberately took risks by managing the companies that belonged to me through my family members, because otherwise I would not be able to achieve the goals that I set for myself after being elected to the post of head of the city. I spent my personal and family funds for the good of the city, ”the former head of Vladivostok said on his social media page after the verdict was announced.
On October 4, the Moscow City Court rejected the appeal of the defense and upheld the verdict of the Tver District Court. “I will continue to fight and prove my innocence,” Igor Pushkarev commented on the decision of the appellate court.
“The court has not yet made an appeal ruling on the criminal case in full and has not handed it over to the parties,” Mr. Pushkaryov’s lawyer Alexander Vysotsky told Kommersant. “As soon as it is received by the defense, Pushkaryov’s appeal will be prepared and filed with the cassation court ".