The Moscow City Court today sentenced to four years and six months of imprisonment of the former employee of the Ministry of Internal Affairs GUIBiPK Sergey Astafurov and the general director of the FSUE "Promresurs" Vladimir Spiridonov. The first was found guilty of abuse of office, and the second - complicity in this. According to the investigation, the officer and his assistant falsified the materials of the operational-search activities. As a result, an innocent co-owner and a member of the board of directors of the Chelyabinsk Pipe Rolling Plant (Chelyabinsk Tube Rolling Plant) Andrei Komarov and lawyer Alexander Shibanov were under investigation for attempted commercial bribery.
During the debate of the parties, the prosecution requested for the defendants Sergei Astafurov and Vladimir Spiridonov for six years in prison. And if the operative was charged with "clean" part 3 of Art. 286 of the Criminal Code ("Excess of official authority with causing grave consequences"), Mr. Spiridonov was additionally accused of forging a diploma on higher education and illegal storage of weapons (Article 327 and Article 222 of the Criminal Code). Since the trial, given the neckline "top secret", assigned to the case, was held in closed session, the judge Oleg Muzychenko announced only the resolutive part of his decision.
Given the various circumstances mitigating the guilt of the defendants, they were sentenced to four and a half years in prison each, and as an additional punishment, Mr. Astafurov is deprived of a special rank - police major. The defense is going to appeal the verdict, considering it unreasonable and illegal. During the debate of the parties, the defendants insisted on their acquittal, calling the criminal prosecution "revenge on the part of the oligarch Komarov."
The Court of Cassation and the court found that Astafurov, the employee of the 12th department of the "T" administration, and his voluntary assistant Vladimir Spiridonov in 2014 falsified the materials of operational and search activities against the owner of Chelyabinsk Tractor Plant Andrei Komarov and his lawyer Alexander Shibanov. From materials ORM it followed that the businessman and his lawyer offered the general director of "Promresursa" Spiridonov $ 300 thousand for the correction of the certificate of Chelyabinsk Tube Inspection. To Lord Komarov and Shibanov, the Investigative Committee incriminated commercial bribery (Article 204 of the Criminal Code) - both were arrested.
In June 2015, investigator of the State Security Service of the Kyrgyz Republic, Denis Sinditsky, completed the investigation of this criminal case and sent it to the Prosecutor General's Office for approval. However, a month later the case was returned for additional investigation. It was found by the investigator for especially important cases under the chairman of the TFR, Mikhail Tumanov, who terminated the case on February 8, 2016. As follows from his decision, in the course of an additional investigation it was established that "the transfer of money by Komarov, with the complicity of Shibanov, was carried out as a result of the inflammatory actions of Spiridonov himself and law enforcement officials."
In the course of the investigation, investigator Tumanov established that Vladimir Spiridonov's statement about the crime was registered on February 27, 2014, while Major Astafurov conducted a complex of investigative activities several weeks before. In turn, the operational experiment, during which the conversations of Mr. Shibanov, Komarov and Spiridonov were recorded, the investigation was considered illegal, since at that moment the major "combined the procedural powers of the operational officer and the investigator".
Misters Komarov and Shibanov recognized the right to rehabilitation, and those arrested at the request of the GSS of the SKR Basmanny District Court, Mr. Astafurov and Spiridonov, are charged under Art. 286 of the Criminal Code. In turn, colleagues of the new investigators believe that it was only a part of the actions of the FSB and TFR officers against the members of the team of the former head of the anti-corruption department, Denis Sugrobov, who was convicted of organizing the criminal community (Article 210 of the Criminal Code) by the Moscow City Court for 22 years. Subsequently, the Supreme Court reduced his sentence to 12 years. Significant changes were made to the Supreme Court and the sentences of former subordinates of Mr. Sugrobov.