Detained by negligence: the owner of Domodedovo did not return from the interrogation

Detention on interrogation

Dmitry Kamenshchik was arrested Thursday afternoon when he arrived for questioning to the Investigative Committee in the Technical lane in Moscow, said a source in law enforcement bodies. After that, the Basmanny court of the capital received a petition for his arrest, said court spokesman Juno Tsarev. The court will decide the issue on election of a measure of restraint in the afternoon on February 19.

As told a source in law enforcement bodies, the petition for arrest signed by the investigator for particularly important cases of GSU SKR Sergey Dubinskiy. But Dubinsky refused to answer questions .

On the eve of the detention of Kamenshchik held a press conference at which he spoke, as he has to go in for questioning and did not exclude that may become a defendant in a criminal case. “The investigation has the appropriate procedural powers,” he said, stressing that it is not concealed from the investigators and live in the suburbs.

The representative of the RCDS Vladimir Markin said that the Kamenshchik has been charged under part 3 of article 238 of the Criminal code (fulfillment of works or rendering of services that do not meet the requirements of safety, entailed on imprudence death of two or more persons).

According to the prosecution, he and the other defendants in the case in 2010 introduced a new system of passenger screening, which has led “to an increase in the vulnerability of the airport and as a consequence, the provision of services in the field of civil aviation that does not meet safety requirements”. As a result, in the building of the airport in January 2011 entered freely, a suicide bomber Magomed Yevloyev and blew himself up in the crowd. Then, 37 people were killed, 170 were wounded.

“We will bring this case to the end”

“In Domodedovo dealt with who owns the airport? Everyone seems to know who the owner is, at the same time, begin to check, and the proprietor is hidden behind structure beneficial possessions. And it is the largest transport hub, where sits a huge number of planes, not to mention the fact that there occurred”

President Dmitry Medvedev, 21 February 2011

“The issue of transparency of the ownership structure of airports in the <…> is particularly important. It is essential that all project participants were in the Russian jurisdiction and with the known beneficiaries. It is important to clearly understand who, at whose expense, to what extent will Finance the development of airport infrastructure and is responsible for what in the end”.

President Vladimir Putin, July 3, 2013

“Owners of [Domodedovo international airport] five years went from liability, and not criminal, and financial. We said, “do Not want the material to compensate, will be held criminally liable as owners and as managers”. We will bring this case to the end.”

Chapter RCDS Alexander Bastrykin, July 24, 2015

In this case a week and a half ago were arrested three ex-employees of the airport Domodedovo: the former Director of the airport complex Vyacheslav Nekrasov, the former head of the Russian representative office of Airport Management ltd (offshore company that owns the assets Domodedovo) Svetlana Trishina and former CEO of CJSC “Domodedovo airport aviation security”, responsible for security at the airport, Andrey Danilov. 9 February Basmanny court of the capital put them in jail.

The case of terrorist attack

The first criminal case of default of requirements of transport security at Domodedovo was initiated immediately after the terrorist attack in January 2011. Suspects are like airport staff and police officers responsible for the control framework of metal detectors. However, in April 2012 the case was closed: the investigation concluded that at the time of the attack, the state has not approved the system security measures in the airports, regulations are absent (for example, were not required to complete the inspection outside the terminal building).

Dmitry Kamenshchik and the state

The Privatization Of Domodedovo

Dmitry Kamenshchik came in the aviation business in the early 1990-ies by creating a cargo airline “ist-line”, which is based in Domodedovo and rented a fleet of Domodedovo production Association of civil aviation. By the mid-1990s, the “East line” was the largest Russian cargo airline, said Kamenshchik in an interview with Forbes in the fall of 2015.

In 1996, the government adopted a decree on the privatization of Domodedovo. In 1997 the government transferred the airport building of JSC “Domodedovo-2” in exchange for to 48.65% of the shares of the new legal entity. Controlling (50,66%) shareholder of “Domodedovo-2” became the structure of “East line” Hacienda Investments ltd. After a few additional issues of the state’s share was diluted to almost zero. In 1998, another structure of the “East line” — JSC “international airport Domodedovo” — took the state unitary enterprise “Administration of Domodedovo airport” rent for 75 years airfield complex Domodedovo, not subject to privatisation. The carrying amount of transferred assets amounted to 750 million rubles, the rate of rent — 3 million rubles per year.

Searches FSB

The first serious problems with law enforcement agencies in Kamenshchik began in 2000. Then on suspicion in smuggling of goods from China, the FSB carried out searches and seizure in the office of airline “ist-line”, and then stopped all flights of aircraft with the airline. Subsequently, the matter does not end there, but a year later, in 2001, the newspaper “Kommersant” wrote that “the airline from the impact finally recovered, moved traffic from second to sixth place and concentrated on passenger traffic”.

The fight for the airfield

In 2003 the state unitary enterprise “Administration of Domodedovo airport”, and then Rosimushchestvo has challenged in court the prisoner in 1998 the lease contract of airdrome complex of CJSC “Domodedovo international airport”. In February 2005, the Federal arbitration court of the Moscow district supported the claim of Rosimushchestvo. In 2006, the parties entered into a settlement agreement under which the cost of the lease of the airfield has increased more than 30 times, to 92 million rubles.

The struggle for the terminal

In 2005 Rosimushchestvo has challenged the transfer of the passenger terminal of Domodedovo private “Domodedovo-2”, while the old terminal had already long been destroyed, and in its place built a new. The office has been successful in courts of first instances, and in the fall of 2006 it came to the Presidium of the Supreme arbitration court, which invited the parties to agree on compensation from the “East line” and to conclude the agreement. But to negotiate the amount of compensation failed and in June 2007, YOU stopped the proceedings, reversing the decisions of all lower courts.

In the summer of 2015 RCDS announced the initiation of a new criminal case against two former and one current top Manager of the airport. Persons involved were Andrei Danilov, responsible for aviation safety (in 2011 was the head of JSC “Domodedovo airport aviation security”), the managing Director of the airport complex of Domodedovo Vyacheslav Nekrasov, the head of the Russian representative offices registered in the Isle of man Airport Management Company Ltd (2011 — managing company of the airport) Svetlana Trishina, and “unidentified persons from among the actual owners of the enterprises of the airport complex of Domodedovo”. In July of last year the head of the UK Alexander Bastrykin said that the owners of Domodedovo installed. “Five years they went from liability, and not criminal, but the material didn’t flee anywhere, have been in Moscow”, — said Bastrykin. In February 2016 Nekrasov, Danilov and Trishina were arrested.

The nature of the charges in the new case is as follows. Since 2007, Domodedovo operated regulations involving the inspection at the entrance with the use of the framework and, if necessary, hand-held metal detectors. However, near the part of the accumulated queue, with growing passenger numbers it became clear the need of additional inputs, which required financial investment. But the management of the airport instead allegedly approved in 2010 the new regulations, no longer requiring total control. As a result, stresses Markin, through the metal detector took place no more than 2% arrived at the airport people. As shown by the TFR examination, if Magomed Yevloyev, the perpetrators of the attack, passed through the frame, then a metal detector would have discovered hidden under the clothes explosive device.

At a press conference on the eve of the detention of Dmitry Kamenshchik showed the whole presentation to refute the arguments of the investigation. He said that the regulations of 2010 is not actually differed from document 2007 — neither one nor the other did not require total inspection of the arrived at the airport.

According to the video surveillance officer aviation security worked with introscope, while the police officer visually inspecting incoming. Suspicious persons he could offer to go through the frame. Log in to the terminal building in the district 16 o’clock on January 24, 2011, Yevloyev did not attract the attention of the police.

Subsequently, security rules at airports much tougher. Two days after the tragedy, on January 26, came the order of the Ministry of transport requiring the total control of passengers arriving at the airport. “Transport safety of the airport consistent with and conforms to the norms of the current law”, — said on Wednesday the owner of Domodedovo.

“I don’t think I have a conflict with the state”.

“Why do we consider it necessary not to disclose information on the ultimate owners? First, the life of a Corporation is more stable in situations where the ultimate owners are not disclosed. A natural person or natural persons can be the objects of attack. Raider attacks. If they are unknown or not known reliably, it is therefore an object for attack disappears.”

Forbes, 20 July 2011

“Originally, the airport was charged with violation of a normative act, which appeared a few months after the terrorist attack [2011]. The investigative Committee took hold of 196 examinations, 35 of the recesses and ten searches, interviewing 300 witnesses to establish this fact — the normative act, which we have violated, at the time of a violation did not exist”

Vedomosti, 20 October 2014

“The attorney General has instructed his Deputy, and he with Valery Mikhailovich [Kogan, Chairman of the Supervisory Board “Domodedovo”] invited for an interview. He offered to call the owners. We said, “Well, we will say, but we do have a request: please specify the legal grounds on which we should disclose the ownership structure?” He noted that there is no law, but there is a request of the President. Discussion has not worked: we imagined that is a fair approach based on law and not on the requirement for a single airport”

Vedomosti, 20 October 2014

“I don’t think I have a conflict with the state. And for the situation to revise the development plans of the airport. Proposals to sell the Domodedovo I have also been reported”

Press conference, 17 of February 2016

Who will protect Kamenshchik

Lawyers Kamenshchik on Thursday evening could not be reached. Lawyer Vyacheslav Nekrasov Denis dadonov said that his principal until after the arrest was not carried out any investigative actions, including interrogations. A week ago, on February 12, the attorneys of all three defendants held a press conference at which stated that their principals do not acknowledge guilt. They insisted that 100% screening of all passengers was never at the airport, and the introduction of a new statement has been agreed with the police.

Lawyer Ruslan Koblev, who defended one of the laid-off after the attack police officers and sought the dismissal of a case, believes that the new detentions seemed absurd. “Qualification farfetched, it seems to me that five years later the imputation to the owner of the airport of this exotic composition is more like interference in the business,” says Koblev. He added that the investigation was dropped because the lawyers managed to prove that the responsibility for terrorist security are other patterns, but not the airport workers and “even police”. “At that time at the legislative level, there were no regulations for security at transport hubs, was not regulated as it should be. But only declarative norms,” says Koblev.

Lawyer Igor Trunov, representing the interests of the injured from the terrorist attack in 2011, by contrast, called the arrest of Kamenshchik “normal situation”, which “has long been known”. “The warning that will strict action against the owners of the airport, sounded from lips of the Chairman of the Investigative Committee [Alexander Bastrykin]. However, the submission form was a little non-legal: pay off with victims and criminal proceedings against you will. It was very small money, but the owners refused to help and said that they didn’t do it,” said Trunov. His client Yelena Krivolutskaya tried to get from Domodedovo to the compensation amounting to 15 million rubles, but the Moscow Presnensky court denied her suit, after which Krivolutskaya appealed to the ECHR.

In November 2015, the head of the RCDS Alexander Bastrykin said: “We are talking to them (the owners of the Domodedovo): it is not necessary that you sit in jail, it is an extra burden on the budget. Pay people money, as is customary in the USA, which many praise. How much in US is the life of the head of the family of the victim in the crash, to $5 million” (quoted by “Interfax”).

Business Ombudsman Boris Titov on Thursday did not respond to calls . The representative of the staff Titov did not comment on the question of whether a business Ombudsman to advocate for the detained businessman. “We have so far refrained from commenting until the court decision [on the measure of restraint]”, he said. The head of RSPP Alexander Shokhin, who after the arrest of the head of the Board of Directors of AFK “Sistema” of Vladimir Yevtushenkov on behalf of the Board of RSPP personally vouch for him with a request to change the measure of restraint, said that in the case of the Bricklayer will to do it. The detention he did not comment on, citing the fact that the case is not connected with economic crimes and, therefore, does not refer to “competence protection of rights of entrepreneurs”. For the same reason, the RSPP will not intervene in this matter and act in the same way as in the case of Yevtushenkov, said Shokhin. A member of the RSPP Dmitry Kamenshchik.

The Owner Of Domodedovo

Dmitry Kamenshchik is a 27-th line in the rating of billionaires Forbes-2015 with $3.8 bn, its Main asset — the DME group, which owns Domodedovo airport and the project “Aerotropolis”.
Domodedovo is the second largest traffic airport in Russia, in 2015 passenger traffic amounted to 30.5 million people (the leader, Sheremetyevo, 31.6 m). Previously Domodedovo ranked first, but in the past year, the number decreased after the cessation of flights “Transaero”. According to Forbes, the revenue of the airport in 2014 was 41.2 billion rubles, while EBITDA, according to Kamenshchik, was equal to 16.8 billion rubles (EBITDA margin — 41%), which was making Domodedovo one of the most profitable airports of Russia.

What will happen to the airport

In the evening on Thursday after the arrest of Kamenshchik Domodedovo has issued a statement in which the arrest of Dmitry Kamenshchik called unjustified with reference to the previously published “legal position” of the airport. While at the airport stressed that Domodedovo continues its operation in regular mode.

Who requested anonymity, the Federal official does not exclude that the outcome of the story could be the change of shareholders of Domodedovo. Officially Kamenshchik is the sole owner of the airport: in 2011, during preparation for an IPO on the London stock exchange (placement did not take place) Domodedovo has announced that he is the sole beneficiary of the Cypriot DME ltd, which controls most of the operating companies of the airport. In 2013, Kamenshchik was named the sole owner of DME ltd. in the prospectus of Eurobonds of the airport. However in the market it is believed that Kamenshchik is the partner — Chairman of the Supervisory Board of the airport Valery Kogan.

After graduating in 2007, Kamenshchik’s litigation with the Federal property management Agency (see reference) about a possible change of ownership of Domodedovo on the market was first raised in 2010, when the state began to consider the idea of merging the three airports of the Moscow aviation hub — Sheremetyevo, state, partially gosudarstvennogo Vnukovo Domodedovo and private — under a single management. Ideologist of the project was the first Vice-Premier Igor Shuvalov. In 2014, Kamenshchik told in his interview to “Vedomosti” that at the meeting with Vladimir Putin, devoted to a single hub, has received assurances of the President that “the fate of the private Domodedovo airport needs to solve its shareholders”.

The idea of combining all three airports as a result had to be abandoned, and the state has gone the other way: assets at airports with the state share have been consolidated, and controlling stakes in Sheremetyevo and Vnukovo to private investors: in Sheremetyevo — TPS Avia group of brothers Rotenberg and Alexander Ponomarenko and Vnukovo — Chairman of the Board of Directors of the airport Vitaly Vantsev, and the father of the Deputy of the state Duma Andrey Skoch. Federal official Thursday did not rule out that in Domodedovo can claim TPS Avia patterns.

Co-owner of TPS Avia Alexander Ponomarenko was interested in buying Domodedovo in 2011, Forbes wrote, and together with partners he was ready to buy the airport as a whole. “We really were negotiating the purchase of Domodedovo, including in partnership with [the owner of the group the Amount by Ziyavudin] Magomedov and [owner Roman AEON] Trotsenko,” said in an interview with Ponomarenko. According to him, he was willing to pay for Domodedovo up to $3.8 billion, and the owner has requested about $6 billion Kamenshchik Forbes then confirmed that Ponomarenko met with the Chairman of the Supervisory Board of the Moscow Domodedovo airport Valery Kogan. The deal never took place, and after that Ponomarenko interested in buying Sheremetyevo.

The representative of Arkady Rotenberg said yesterday that the focus of TPS Avia “is focused on the Sheremetyevo airport”. “It requires significant investment and management effort on the part of shareholders. Our partners also TPS Avia has no interest in Domodedovo” — he added.

Top Manager of a large airport company adds that the purchase of Domodedovo for TPS Avia now has no meaning. The transfer of control over the Moscow airports to private investors has allowed the FAS earlier this year to withdraw from the state regulation of tariffs for airport services, to what and sought the private sector. And in the case of an Association Sheremetyevo and Domodedovo under the control of one owner, this decision surely will be revised. “The idea of establishing a single hub in Moscow buried. In addition, there is a crisis, no one has money”, says a source close to the owners of other airport holding.

Deputy General Director of IK “Region” Anatoly Khodorovsky is confident that the arrest of Kamenshchik will not affect business in Domodedovo, as the management system allows the asset for a long time does not depend on the owner. “The financial performance of the airport was not disclosed, but what is known leads to the conclusion that Domodedovo is the minimum debt burden and the highest profitability among airport business in our country”, — said the expert. According to Forbes magazine, by the end of 2014 at Domodedovo was negative net debt 962 million rubles Kamenshchik Himself said in an interview with this magazine, that the revenue of the airport in 2014 was 41.2 billion rubles and EBITDA was 16.8 billion rubles and the EBITDA margin — 41%.

According to Rosaviation, in 2015 Domodedovo Sheremetyevo conceded first place in passenger traffic among the Russian airports. The airport services were used by more than 30.5 million people compared to 33 million the year before. Sheremetyevo airport last year handled nearly 31.3 million people, and in third place was left Vnukovo airport with more than 15.8 million passengers.

With the participation of Timothy Dzyadko and the Yana Milyukova