Yesterday evening, the Sailor's Matrosskaya Tishina was abandoned by the managing director of Rusnano for investment activities Andrei Gorkov, accused by the Investigative Committee of Russia (RKR) of stealing about 200 million rubles. A month ago, he was arrested on the eve of his release in another criminal case - the abuse of power. Mr. Gorkov himself denied involvement in the machinations, and his lawyers insist that the second charge is part of the first investigation, which could not be re-entered into custody. The Moscow City Court agreed with these arguments, returning Andrei Gorkov home.
As Kommersant's lawyer Sergei Drozd told Kommersant, on Wednesday the Moscow City Court considered the appeal of the defense against the decision of the Basmanny District Court, which on June 8 granted the request of the investigator of the GKU SKR to arrest the top manager of Rosnano for two months. The judge considered that the new charge of a particularly large fraud (Part 4, Article 159 of the Criminal Code) is not related to his previous criminal case of abuse of authority that entailed grave consequences (Part 2, Article 201 of the Criminal Code). Meanwhile, the side of the defense insisted that materials about fraud for 200 million rubles. were taken from the old criminal case of causing damage to "Rosnano" for 700 million rubles. Lawyers tried to convince the court that if a new criminal case was separated from the previous one, then it is illegal to incarcerate Mr. Gorkov. One of the main arguments was the fact that the top manager of Rosnano by June 8 had already spent 12 months on the first charge of a remand prison, which is the deadline for detention. They explained the appearance of the new case by the reluctance to release Andrei Gorkov from custody - the investigators obviously hoped to get him confessions to the top management of Rosnano. Representatives of the prosecutor's office also spoke against the arrest, saying that the new charge was only one of the episodes of the old investigation.
"Since our arguments were not taken into account by the Basmanny Court, the decision as unlawful and unreasonable was appealed in the Moscow City Court," Sergei Drozda said. According to him, the defense in the Moscow City Court was actually supported by the prosecutor, and the representatives of the investigation did not attend the meeting at all. "The hearing lasted an hour and a half, and the legality triumphed," said the lawyer. The Moscow City Court quashed the decision of the Basmanny District Court, after which the lawyers went to the Sailor's Matrosskaya Tishina, where they waited several hours for the release of their client.
The hitch occurred due to the fact that the employees of the FSIN were to receive certified documents of the appellate instance. About 18 hours the prisoner was finally released.
Attorney Alexander Asnis, representing the interests of Rusnano, told Kommersant that the company was "satisfied" with the decision of the appellate instance. It should be noted that in both criminal cases against Mr. Gorkov, the investigation recognized Rusnano as the injured party, while the company itself does not consider itself such.
Sources close to the investigation believe that soon released Gorkov will be summoned to the investigator, who will take with him a written undertaking not to leave and proper behavior, which, against the backdrop of the situation around the case, is the only possible measure of restraint.
Recall that initially Mr. Gorkov was accused of placing in 2011-2013, "contrary to the established order and interests" of JSC "Rusnano" and its sole shareholder - the state, the company's money in the bank "Smolensky" under the guise of cash settlement services, and " actually in order to finance the bank's activities. " When a license was revoked by the bank in December 2014, Rosnano, as stated in the TFR, lost more than 738 million rubles. The new charge was connected with the investment of Rusnano in 2010-2011, 198.5 million rubles. in OOO ESTO-Vacuum, which was to establish the production of automated vacuum plants for ion-plasma deposition and etching of micro- and nanostructures. The project was curtailed, and Rusnano through courts tried to return the investment. Mr. Gorkov himself, insisting on his innocence, noted that all decisions in the "Rosnano" were taken collectively, checked by various structures and there were no questions to the contracts.