Chairman of the Investigative Committee of Russia Alexander Bastrykin sent a letter to the chairman of the Russian Supreme Court Vyacheslav Lebedev, in which he accused the sun Kumenkova judge in violation of the Criminal Procedure Code. Such an angry reaction from the UK head caused Kumenkova decision not to examine the complaint investigator Denis Nikandrova against defendants "gambling business". This Bastrykin said that such a "position" of the Armed Forces "uses" Prosecutor General's Office of Russia.
As the "Rosbalt", your letter (available in the editorial office) Alexander Bastrykin dispatched Vyacheslav Lebedev December 19, 2013 marked "personal". It resembles the head of the RF IC, on 5 December the judge Kumenkov returned without consideration for supervisory review of the investigator Denis Nikandrova on Sun's decision to recognize the illegal arrest helper "gambling business", a former employee of the Ministry of Interior of the Russian Federation Mikhail Kulikov. Kumenkov considered that Nikandrov not included in the Code of Criminal Procedure established a list of persons who have the right to file such complaints.
"It is necessary to draw your attention that the decision to return the supervisory stings without consideration on the merits made by the judge in violation of the Part 2 of Art. 412 Code of Criminal Procedure ten days ", - said in a letter to Bastrykin In this regard, the head of the Family Code states that a complaint Nikandrova still need to consider and take action on it a decision..
"The impugned judgment affects the legitimate interests of both the investigator and the Investigative Committee of the Russian Federation, as establishes the fact of illegal persecution Kulikova MA in criminal proceedings instituted against other persons, - said Alexander Bastrykin -. This legal position formulated by the Supreme Court of the Russian Federation It uses the General Prosecutor's Office to make acts of prosecutorial response in criminal cases under investigation in relation to Kulikov MA, and in relation to other persons. "
The head of the RF IC proves that RF IC has the right to file such complaints, as well as insisting on the legality of the arrest Kulikova.
"Please use your right to disagree with the judge's decision the Armed Forces (...) and to transmit a supervisory complaint senior investigator for especially important cases at SC chairmanRF Nikandrova DV the determination of the judicial board on criminal cases of the Supreme Court of the Russian Federation of 04.09.2013 for review in the court session of the Presidium of the Russian Supreme Court in the order of Chapter 48 of the Criminal Procedure Code of the Russian Federation ", - concludes his appeal Lebedev Alexander Bastrykin.
The fact that the head of the UK sent an appeal of the Armed Forces Chairman became known during the hearing in the Basmanny Court of Moscow. It is now considered the request of lawyers Kulikova to invalidate the decision of the investigator about bringing the former employee of the Interior Ministry as a defendant. Defenders primarily refer to the Supreme Court decision of September 2013, which Kulikova arrest was declared illegal in 2011. RF IC representative has once again asked the Basmanny Court to postpone the examination of the case in relation to the treatment Bastrykin Lebedev.
"What can be no doubt in the decision of the Supreme Court, if there is a Code of Criminal Procedure, which clearly states that the investigator is not included in the circle of persons entitled to file such complaints - said" Rosbalt "lawyer Yelena Vasilyeva Kulikova -. Not understood and motives, in which BAsma Court postpones consideration of our complaint - directly given in her arguments are not connected with the decision of the Supreme Court. Armed Forces of the Russian Federation only confirmed the correctness of our position that Kulikov was arrested illegally. "
According to the RF IC, in early September 2010 the organizer of an illegal gambling Ivan Nazarov business transferred employee Mosoblprokuratury Dmitry Urumova $ 75 thousand., Which he in one of the restaurants presented operatives of the 39th Division of the Office of "K" the Bureau of Special Technical Measures (BSTM) MIA Kulikova of Russia and Temirgaliev. In return, the police did not carry out a special operation against illegal gambling halls Nazarov. Kulikov Temirgaliev and spent a year in custody, and then were released.
It should be noted that the RF IC tried to convey to the courts cases against Kulikova, Temirgaliev, ex-deputy prosecutor of the Moscow Region Alexander Ignatenko and even a number of defendants in the high-profile investigation. However, whenever the Prosecutor General found in incoming materials violations of the law committed by the RF IC, and therefore refused to approve the Prosecutornye conclusion and refer cases to the courts. Under the custody right now there is not one person involved in the investigation.