As it became known to Kommersant, the Investigative Committee of Russia (SCR) completed the investigation of the first criminal case against businessman Konstantin Ponomarev, who became widely known for his litigation with IKEA. According to the lightest accusations - in slander and false denunciation - Mr. Ponomarev will soon stand trial. In this case, the investigation of non-payment of taxes and attempted fraud, in which the businessman is also accused, continues. Moreover, the investigation has not even been able to establish exactly the amount of damage caused by its actions.
The Moscow City Court yesterday denied Konstantin Ponomarev and his defense in release from jail. On June 7, when the year from the day of his detention is over, the businessman will remain in custody, since he is already actually being registered as a judge. Shortly before this, the GSS of the TFR singled out the lightest episodes from the big case of Mr. Ponomarev and his accomplice lawyer Maxim Zagorsky (under house arrest) and announced the end of the investigation on them. Now, the defendants get acquainted with 16 volumes of the criminal case, in which they are accused of artificially creating evidence of accusation (Part 3 of Article 306 of the Criminal Code), deliberately false testimony (part 1 of Article 307 of the Criminal Code) and bribery of witnesses (Part 1, Article 309 of the Criminal Code ). The accusation is about the events of 2014, in connection with which the statute of limitations under Art. 307 of the Criminal Code has expired, and the rest is being completed.
At the same time, more serious episodes related to evasion from payment of taxes in a particularly large amount (part 2 of article 199 of the Criminal Code) and an attempt on fraud in a particularly large amount (part 3 of Article 30 and part 4 of Article 159 of the Criminal Code) also incriminated to businessman Ponomarev, are still under investigation. Moreover, lawyer Vladimir Postanyuk explained to Kommersant that investigative actions on them have not been conducted for several months. Moreover, as the lawyer said, the investigation has just appointed an expert examination, which should establish damage in this part of the case.
Lawyer Postanyuk believes that the investigation and the FSIN violate his client's right to defense, not allowing a notary to approach him. The services of the latter were needed to draw up powers of attorney for numerous arbitration proceedings conducted by Mr. Ponomarev. In particular, he is seeking a payment of 5.3 billion rubles. from "Kubanenergo" for the use of its diesel generators.
Loud investigation of Mr. Ponomarev began last summer - the businessman was detained by FSB operatives, and then arrested by the court. The main episode of the case was the circumstances of the delivery of 71 diesel generator sets (DGU) belonging to the structures of Mr. Ponomarev to the Crimea in 2014. "By signing fictitious contracts and acceptance / transfer" of equipment, Mr. Ponomarev created a chain through which DSUs were transferred from one company to another, which allowed him to overstate the cost of services rendered to Kubanenergo, "the case materials say. The chain built up gave the businessman a reason to demand from Kubanenergo 5.3 billion rubles. The decision to collect this sum was subsequently canceled, the judges who had taken his judges were dismissed, and Mr. Ponomarev's actions were considered an attempt on fraud.
The episode connected with non-payment of taxes, refers to the long-term lawsuit businessman with the company IKEA. The proceedings with the corporation, to which Konstantin Ponomarev also supplied the generators needed to power the hypermarkets, was at first successful for the businessman. In 2010, IKEA paid him a compensation of almost $ 1 billion. However, the investigation considered that taxes from this amount were deliberately understated.
As for the episodes completed by the investigation, they were considered a makeweight for heavier convoys. They refer to the bribery of a witness and accused for a total of $ 70 thousand. The testimony then formed the basis for the decision of the world court, on the basis of which the criminal prosecution of Mr. Ponomarev was stopped in connection with the possible non-payment of taxes for 3.3 billion rubles.