Yesterday the Moscow City Court refused to release on bail of 300 million rubles. is under house arrest, the head of AFK "Sistema" Vladimir Yevtushenkov. The investigator, who was trying to get permission prisoner daily commute to work and communicate with colleagues, the appellate court sent the Basmanny District Court. On the decision of the city court market reacted to the fall of shares of the AFC and its subsidiaries. Especially as it became known - were arrested, given the possibility of forfeiture upon conviction.
200 thousand victims
This lawyer Vladimir Kozin, has applied to the Moscow City Court with a complaint about the illegality of the Basmanny District Court elected September 16 to house arrest Vladimir Yevtushenkov, he was convincing and vivid. The defender said that the only argument TFR in favor of the arrest was his client charged with a serious crime - the organization of laundering assets on a large scale, acquired by other persons by criminal means (Part 3 of Article 33 and paragraph "a" of Part 3 of Article 174 of the Criminal Code..... the Russian Federation).
By an application for house arrest, the deputy head of the TFR Management Alexei fun as hell notedWOCAT, I listed all three points in the reference article. 97 Code of Criminal Procedure ( "Reasons for the election of a preventive measure"). He pointed out that the accused might flee, continue criminal activity and threaten witnesses, but did not bother to prove any of them.
Meanwhile, as said Mr. Kozin, yet April 28, 2014, when criminal proceedings were instituted on the legalization of property in the form of shares of the enterprises of the Bashkir fuel and energy complex, it became clear that the TFR claims will be addressed and the buyer - the AFC "System". The investigation, recall, believes that the former owner of the shares, the son of the former head of Bashkiria Ural Rakhimov, appropriated them (Art. 160 of the Criminal Code), and Mr. Yevtushenkov, who bought them legalized, so criminal, from the standpoint of CKP, property. This summer, as recalled defender belonging to Sistema shares Bashkir fuel and energy were arrested; Vladimir Yevtushenkov and other leaders of the "systems" were summoned for questioning as witnesses, but none of them tried to escape. "To come in for questioning Vladimir Petrovich was extremely uncomfortable because of congestion - said the defender Kozin & mdash.; But he never let an investigator. "
Last time as Mr. Evtushenkova witness, according to his lawyer, was questioned in August (19 September he was already accused in the case). He came on time and gave the investigator "detailed evidence". The defender said that detailed answers to the questions and all the other leaders of the AFC, none of them shied away from giving evidence. This suggests that there is no pressure on subordinates Vladimir Yevtushenkov is not provided.
Finally, the businessman could not destroy evidence, because all the necessary documents relating to the transaction on the Bashkir fuel and energy sector, the investigation seized during the searches carried out on September 16 in the AFC.
Defender Kozin, as it turned out, is considered a serious offense and the fact that, choosing a measure of restraint, the Basmanny Court did not consider the age of his client (Mr. Evtushenko just yesterday turned 66 years), his family, occupation, marital status and even "information about the person" . These data, which have, in his view, "key", the defender of Moscow City Court decided to set out in detail.
He recalled that Mr. Yevtushenkov isChairman of the Board of Directors, serving millions of people and a member of the "top-10 of the Russian business". Revenue ROS in the second quarter of this year, according to the defense, of the order of $ 8 billion, and total assets of "the system" are estimated at about $ 45 billion. At the same time in connection with the initiated criminal prosecution and arrest of the head of the AFC value of its shares, according to the defense, already reduced by the Moscow and London stock exchanges more than doubled. From this affected not only the shareholders of "the system", but all the 200 thousand. Employees working in its offices. "Their fate is directly dependent on your today's decision," - said the lawyer, referring to the judge already personally Yuri Pasyunin.
In conclusion, he noted that the leadership of the AFC offer reasonable from his point of view, the decision - a deposit of 300 million rubles. or "any other amount". However, this proposal Basmanny Court to even consider not.
Arrest on-site to work
Investigator Alex fun, in turn, told the court that "listened carefully" performance defender, but did not agree with him moJette. Does not related to the restriction of freedom of the measure of restraint for the accused, in his opinion, will not ensure the interests of the investigation. Mr. Fun noted that the prisoner rightly accused of a serious crime: his involvement in laundering "conclusively proved" the case, in addition to it as an organizer of money "directly identified" witnesses.
Motivating its position, the representative of the TFR made a reference to the documents seized during the AFC in September 16 searches. Among them were, in particular, the contract of sale of shares of the Bashkir fuel and energy sector and the changes to it, the economic rationale of the proposed options, the help of the financial condition of the enterprises at the time of their purchase, minutes of general meetings of shareholders, plans to hold talks with their former owner of Ural Rakhimov. These documents, as explained by Mr. Cheerful, indicate careful preparation made by the leadership of the AFC illegal actions. In addition, the documents it is clear that the defendant Yevtushenkov "was aware of all the circumstances of the transaction and is interested in it."
KommenTyre words lawyer for assistance in the investigation which had all the staff of "System", the investigator noted that directly involved in the transaction with the Bashkir fuel and energy complex, Deputy Chairman of the Board of Directors of AFK "Sistema" Aleksandr Goncharuk and senior vice president of the company Sergey Drozdov at the time of the searches in the offices AFC September 16 "were sent on vacation", were abroad and did not return to Russia. Thanks to the "offensive position of the investigation and of the measures surprises" in Mr. Drozdov's office was able to seize documents relevant to the investigation. Such, for example, as "negotiations for the purchase of BashTEK Plan", which is present item "Maintenance of trials" marked "Oral". Recall that the decision of the Moscow Arbitration Court in 2007 (the investigation considers it one of the evidence), to satisfy the claim of the tax on the recognition of transactions null and void as a result of which the shares were controlled by Ural Rakhimov, was then canceled.
In another obtained from the same source document, "Plan of Action of the AFC," the statementm after a criminal case on the legalization of the TFR, consequently interested in items such as the "formation of the evidence base position AFK" and neutralization "delusions TFR". They were seen as an attempt to counter the investigation.
"Vladimir Petrovich - the rich, famous and powerful people - said the investigator Veselev.- He has significant material and financial resources, which, being free, can be used to influence the witnesses and the investigation as a whole".
With regard to the above representative TFR arguments against the release of the accused Evtushenkova, a complete surprise for the audience was served to them immediately after the speech application for commutation of unprecedented last conditions.
Virtually repeating the theses of Procedure opponent Kozina, Mr fun explained to the court that Vladimir Yevtushenkov "responsible for general management of large company" and its absence, according to the investigation, "a negative impact on the work of the AFC and its employees";. "From the activity and fate of Vladimir Petrovich depend thousands of people - said sledovatel.- And I do not want problems, which it affected the rights of other citizens." With this in mind, the representative asked the Moscow City Court to allow TFR contained in the suburban residence in Zhukovka businessman, firstly, to visit the capital offices on the street Prechistenka AFC and Moss from Monday to Saturday from 10 to 21 hours. And besides, let him face meetings and telephone contacts with "employees, shareholders ROS, as well as representatives of the Ministry of Property Relations of Bashkortostan." This office, recall, stands by the injured party in a criminal case.
The market did not approve of the measure of restraint
Judge Yuri Pasyunin such request surprised. He asked the investigator Veseleva why the same it does not set forth the best arguments, referring to the request for the arrest of Vladimir Yevtushenkov in the Basmanny Court. Not having received a clear answer, the chairman said that to ease the conditions of arrest issues related to the competence of the court, who has chosen measure of preecheniya.
Complaint counsel Kozina in the end, too, was rejected, but after the statement by the representative impression TFR as the need for further struggle for the freedom of the accused disappeared. After all, if the proposed results from more than ease the conditions of detention of Mr. Evtushenkova under house arrest to be confirmed by the Basmanny Court, a businessman, in any case, the period of the preliminary investigation, and so will be practically a free man. He can not just leave the territory of Russia, and the rest are unlikely to notice the limitations imposed on him by the court. It should be noted that until now the head of the AFC went to and enjoyed on a personal bond resolution Veseleva investigator.
Nevertheless, the stock market reaction to the decision of the Moscow City Court was negative. At the end of yesterday's trading on the Moscow stock exchange "systems" lost in the price of almost 7% while reducing the MICEX index by 1.2%, in London ADR companies fell by 8%. Investors actively sold and securities subsidiaries of AFK - "Bashneft" and MTS, as a result of quotations of ordinary and preferred shares of the oil company removedizilis by 5%, to 20:50 on the NYSE trading depositary receipts of mobile operator fell 1.7%. "It Evtushenkova" and turned one of the factors that influenced the dynamics of the ruble, which fell against the dollar by 30 kopecks on the results of yesterday's trading, to 38.48 rubles ./$, the euro -. 28 kopecks to 49.05. rub. / €.