Protection of the former vice-president of Rosgosstrakh (CSG) Sergei Khachaturov intends to appeal the decision of the Moscow City Court, on Thursday recognized the arrest of a businessman as justified. In the opinion of lawyers insisting on the absence of the crime itself, the meeting did not give a proper assessment to the fact that the act, allegedly committed by Mr. Khachaturov - allegedly theft of shares of PJSC "Rosgosstrakh" when transferring the assets of the insurance company to the bank "Otkrytie" - refers to sphere of entrepreneurial activity, and therefore by law does not provide for detention in jail. In the meantime, the house arrest, appointed to the alleged accomplice of Mr. Khachaturov - ex-shareholder of Rosgosstrakh-Bank, Nadezhda Klepalskaya, was also upheld.
Today the Moscow City Court examined the complaints of Sergei Khachaturov and Nadezhda Klepalskaya and their protection against the decisions of the Lefortovo district court of the capital, which earlier authorized the placement of the businessman in custody, and his alleged accomplice - under house arrest. The first was the complaint of Sergei Khachaturov. The defense asked to recognize the decision of the court of first instance to be illegal and to cancel it. According to lawyers, there is no evidence of the businessman's involvement in any unlawful actions. In particular, lawyer Viktor Makarenko said that the sane deed committed to his client "was the agreed condition for the big deal, according to which this part of the shares remains with the company (Sergei Khachaturov .-" Kommersant ")." "Now there are complaints from the new leadership of the" Discovery ", which did not participate in the transaction and is now trying to demand something that was not agreed upon. The previous leadership of the "Discovery" or the Central Bank of Russia had no complaints and could not be. Today's leadership has filed an application for alleged theft, but the legal grounds for it are absurd, "said the lawyer.
The defense also insisted that the transaction for the sale of shares itself belongs to the sphere of entrepreneurial activity, which by law excludes the possibility of arrest. Lawyers offered an alternative measure of restraint - house arrest, under which a businessman could be in an apartment on Lobachevsky Street.
Recall, Sergei Khachaturov and Nadezhda Klepalskoy Investigative Directorate of the FSB incriminates embezzlement by appropriation (part 4 of article 160 of the Criminal Code of the Russian Federation). According to the investigation, Sergey Khachaturov and Nadezhda Klepalskaya transferred the shares of PJSC Rosgosstrakh to a third company when they transferred the assets to the RGS "Otkrytiye", implemented them, and disposed of the funds "at their discretion." The investigators did not mention the exact damage in the case, it is assumed that this is a sum of at least 1 billion rubles. As part of the investigation, securities and money were seized for a total of $ 72 million.
The representative of the investigation objected to the satisfaction of the defense complaint. According to him, being outside the detention center, Sergei Khachaturov may disappear. In particular, the investigator said that Sergei Khachaturov was detained at the moment when he was ready to leave for a car in Ukraine: he collected his things and had a passport with him. The prosecutor supported the investigator. As a result, the Moscow City Court left the arrest in force, rejecting the defense's complaints.
"Disappointed by the decision of the Moscow City Court," another lawyer of Sergei Khachaturov, Alexei Melnikov, told Kommersant. "The law that explicitly prohibits arrest for acts committed within the framework of entrepreneurial activity is grossly violated. The court did not accept the defense's arguments that bringing shares into the authorized capital and selling them on the exchange are solely entrepreneurial actions. " "During the trial, the representative of the investigation limited himself to the already indecent tradition that the accused was going to abscond, but the direct question of the court whether there is evidence of this, the investigation could not provide them. Meanwhile, Sergei Khachaturov was detained in the center of Moscow, not on the border with Ukraine, but he had his passport with him, as he had just received it shortly before, "he said.
The transaction for the sale of shares of the insurance company, says Mr. Melnikov, was transparent and lawful. "Sergei Khachaturov disposed of his own property. There is not a single document confirming the obligation under which he was supposed to transfer this asset to someone free of charge, but there is a direct document whereby part of the shares remained in his property, "the defender explained." There are no falsified documents, accounts, something similar. Everything was done honestly and openly, which is confirmed by the fact that the transaction on the sale of shares of PJSC CSG was conducted through the exchange at market quotation and with the full coordination and control of the Central Bank's senior officials. "
"Attempts by state banks to prove the existence of mythical" theft from top to bottom "in the company of Rosgosstrakh through the criminal prosecution of Sergei Khachaturov are illegal and disastrous for the reputation of their initiators," the lawyer continued. "Sergei Khachaturov did not hold any posts in the company during the incriminated period and participated in its current activities, and the arrest of his means contradicts the version of the investigation about their embezzlement. We expect that competent persons will pay attention to this situation, which contradicts the work of the president and the government in creating a civilized and safe business environment. The unlawful persecution of Sergei Khachaturov destroys the belief in the possibility of normal business in Russia. We intend to continue to appeal his arrest. We expect that a gross violation of Art. 108 of the Code of Criminal Procedure ("Detention in custody") will receive its due assessment. "
At the meeting where the complaints of Nadezhda Klepalskaya and her lawyers were examined, the defense asked the court to release the person involved in the case, not to leave the place, or at least to allow her three-hour walks. These indulgences, according to lawyers, are needed by Mrs. Klepalskaya in order to be able to take the children to school. However, in this case, the Moscow City Court left the decision of the first instance court in force.