Opposition politician Alexei Navalny and former Director of the Vyatka forest company Peter Officers and a former General Director of “Kirovles” Vyacheslav Opalev yet will have to pay 16 million rubles on the suit of KOGUP “Kirovles”. This decision was made by the Moscow city court, suspending indefinitely the consideration of the case.
As noted by the lawyers of Navalny and Ofitserov, based on the decision of the ECHR, the Chairman of the Supreme court (SC), Vyacheslav Lebedev should make a recommendation to the Presidium of the revision of the “case of Kirovec”. As a result, the sentence needs to be changed or cancelled. Until the Supreme court’s decision, Navalny’s lawyer Olga Mikhailova, asked to suspend the proceedings on the claim. The Collegium of the Moscow city court with the request agreed.
The decision of the first instance
In October nikulinskaya Moscow court ordered Navalny, Ofitserov and Opalev to pay more than 16 million rubles on the suit of “Kirovles”. During the meeting Ofitserov’s lawyer Svetlana Davydova noted that the Vyatka forestry company owned by her to the defendant, paid all the timber for the sum of 14.8 million rubles, which is confirmed not only by documents but also by the sentence of Lenin district court of Kirov, which in July 2013 recognized Navalny and Ofitserov guilty of embezzlement. According to Ofitserov, he listed less than 16 million rubles, as “Kirovles” has not submitted all the necessary documents for other products.
In fact, the plaintiffs demanded a double payment for the products, said then the lawyer Bulk Vadim Kobzev. Kobzev also said that the protection of Navalny filed a complaint to the Investigative Committee of Russia in which has asked to involve the bankruptcy Trustee “Kirovec” Andrey Malygin liable for fraud. Later TFR refused to initiate a case against Malygina.
The meeting went off without a nikulinskaya court Vyacheslav Opalev and without representatives of claimant. In addition, the court refused to require all accounting documentation “Kirovles”.
The decision of the European court
On 23 February 2016, the European court of human rights issued a decision on the case of Kirovec” and found a violation of the rights of Navalny and Ofitserov.
The ECHR has sentenced Navalny and Ofitserova a total of €87 thousand in the Strasbourg court acknowledged that during the process violated the rights of the applicants to a fair trial (article 6 of the European Convention on human rights). Was also violated article 7 of the Convention, which guarantees no punishment without law: to convict Navalny and Ofitserov, the Russian authorities significantly went beyond the usual interpretation of the legislation, pointed judge of the ECtHR.
The Strasbourg court disagreed with the applicants that the Russian authorities with the assistance of the court on the “case “Kirovec” sought not justice, but sought to discourage political activity of Navalny. While in Strasbourg pointed out that the Russian courts had to pay attention to the link between anti-corruption publications Bulk and the desire of the Investigative Committee to charge him. The judges of the ECtHR came to the conclusion that Navalny and Ofitserov were convicted for acts which are impossible to distinguish from regular business activity.
As noted on March 16 during the regular session of Moscow city court the lawyers of Navalny and Ofitserov, based on the decision of the ECHR, the Chairman of the Supreme court (SC), Vyacheslav Lebedev should make a recommendation to the Presidium of the revision of the “case of Kirovec”. As a result, the sentence needs to be changed or cancelled.
Until the Supreme court’s decision, Navalny’s lawyer Olga Mikhailova, asked to suspend the proceedings on the claim. The Collegium of the Moscow city court then refused to do so, because at that time the Chairman of the Supreme court has not made a relevant representation but agreed to postpone the meeting and wait for such a representation submitted to the Presidium of the Supreme court. To date, Lebedev has not had time to make a submission.
Earlier also it became known that the ECtHR has accepted for consideration the complaint brothers Navalny in the “case “Yves Rocher”.