Mosquitoes not guilty
A criminal case against the primary owner of CHTPZ Andrei Komarov and his lawyer Alexander Shibanov “is stopped in connection with absence in their actions of structure of a crime”, said the lawyer Rustam Kurmaev Komarov from Goltsblat BLP (his word was spread by press service of CHTPZ). “The corresponding decree obtained by the defense”, — stated in the message.
A source close to law enforcement, confirmed that the criminal case was dismissed, because investigators found no corpus delicti in the actions Komarov. The press service of the RCDS did not respond to a request .
At the same time, Andrei Komarov and Alexander Shibanova recognized the right to rehabilitation, i.e. the right to compensation for material and other damage caused by unlawful criminal prosecution, indicates Kurmaev. The lawyer noted that to achieve compensation plans not Mosquitoes.
The charges of commercial bribery
Mosquitoes and Shibanov were arrested on the evening of March 12, 2014 with the attempted bribery of an employee of the FSUE “Promresurs” when they knew about the violations when receiving from the budget of almost 1.8 billion rubles. one of CHTPZ-controlled companies, reported the Investigative Committee of Russia. This amount, according to the investigators, the structure of the tube holding incorrectly received in 2011. To hide it, Komarov and his lawyer tried to bribe the official, proposing that $300 thousand Shibanova was detained by transfer of money, Komarov is later mentioned in the message of the RCDS.
“FSUE “Promresurs” conducting the test CHTPZ, revealed violations of the legislation on mobilization preparation, which allowed unreasonably to obtain the material benefit of two billion. Mosquitoes and Shibanov, in collusion, decided to transfer illegal money reward in the amount of $300 thousand to an official of the FSUE “Promresurs” to hide this fact and falsify documents drawn up by the audit CHTPZ” — wrote the TFR.
Both defendants were charged with commercial bribery. By request of the investigation Shibanovo the court elected a measure of restraint in form of detention, Komarov is in the form of house arrest. In July 2015, the defendants measure of restraint was changed on recognizance not to leave.
Mosquitoes and Shibanov their guilt is not admitted initially. The article, which they were charged, provides for imprisonment for a term not exceeding six years or a fine ranging from 40-fold to 70-fold the amount of commercial bribery, that is, from $12 million to $21 million.
Who is Andrey Komarov
Andrey Komarov is the largest shareholder CHTPZ, together with Alexander Fedorov they control 85% of the company. The group consists of Chelyabinsk tube rolling plant, Pervouralsk new pipe plant, metal trading unit “Trading house “Uraltrubostal” company for the procurement and processing of scrap META, enterprises for production of the main equipment SOT, ETERNO, MSA (Czech Republic) and oil service division, Rimera. In 2013, Mosquitoes ranked the 138th place in the ranking of Forbes magazine with $750 million (in the following ratings were not included).
What could “crumble” thing
A criminal case could be terminated due to the fact that the defendants ‘ lawyers were able to prove the result for possible provocative actions to commit commercial bribery by auditors and law enforcement agencies, said two sources close to Komarov and familiar with the investigation. The representative of the “Promresurs” could not be reached.
If the investigation or the court finds that during the RAID, the accused had been provoked to commit a crime, it may be grounds for termination of a criminal case, says the lawyer Alexei Mikhalchik. “Lawyers could prove to a consequence, that without the participation of the police this crime could not occur in principle,” he explains, adding that such cases in Russian practice is rare. “In Russia there is no legislative definition of the term “provocation” that leaves the question of its application to the particular investigator or judge,” said Mihalchik.
Such cases, as a matter Komarov, rare, they are the exception, confirms the lawyer Vadim Kobzev, defending Alexei Navalny in the “case “Kirovec” and “Yves Rocher”. “In my memory so far such a case has been only one case Sugrobova (it also refers to provocation of a bribe),” says Kobzev.
What is the “Promresurs” mobilization and capacity
FSUE “Promresurs” — the structure of the Ministry of industry and trade, is the only Federal entity for accounting data logistics support and mobilization reserve smelters. The last form of mobilization capacity and support them to fulfil defence orders in the event of wartime. The steel companies were entitled to recover 20% of the amount of the cost of war preparedness.
According to the newspaper “Kommersant”, in 2013 “Promresurs” conducted an audit of metallurgical enterprises with the purpose of revealing violations of the legislation on mobilization preparation. According to the investigation, the auditor found that CHTPZ was written off funds for mobilization costs, which actually was not, resulting in unreasonably received from the budget of 1.8 billion rubles. In particular, according to “Kommersant”, the management CHTPZ wrongly included in the mobilization capacity built in 2011 with an object called “Altitude 239” referring to the workshop for production of large diameter pipes.