Lefortovsky court of capital on Wednesday will consider the complaint of the arrested Deputy head of the capital TFR Denis nikandrova on excitement concerning it criminal case. About it reported a press-the court Secretary Ekaterina Krasnova. She noted that the complaint was filed in accordance with article 125 of the Criminal procedure code — on the steps of the investigation.
The Deputy head of the Moscow Main investigation Department of the TFR Nikandrov, as well as the head of management of own safety of GSU Mikhail Maksimenko and his Deputy Alexander Limonov was arrested on July 19.
All of them were charged with receiving a bribe in especially large size (item 290 of the Criminal code). According to a source familiar with the investigation, money management SKR has promised to change the measure of restraint close friends reputable businessman Zakhar Kalashov (Shakro Young) — Andrew Kochunov and Eduard Romanov detained after clashes near the cafe Elements on Rochdelskaya street in the capital in December 2015.
Now Nikandrov demands to recognize that a criminal case was opened illegally. The meeting is scheduled for August 3.
As told a source familiar with the investigation, initially against each of the defendants was filed separate criminal case. However, only in respect of nikandrova the resolution on initiation of proceedings was signed personally by the Chairman of the TFR Alexander Bastrykin. Proceedings in respect of Maximenko and Lamonova were initiated by investigators of the FSB, who are now investigating.
This circumstance may give rise to cancellation of orders.
According to the law, says lawyer Edward Isetskiy, the criminal case against the leadership of the TFR needs to excite himself to the Investigative Committee — this follows directly from article 29 of the Federal law “on Investigation Committee”.
But criminal case against employees of the Central apparatus, whose status is the law equates to management, including Maksimenko and Limonov — must be signed by the Chairman of the RCDS Bastrykin, says the lawyer.
“The legislator has formulated this position in order to preserve the independence of the investigators, that they are not afraid, in respect of which anyone can bring a criminal case — says Isetsky.
The validity of these provisions has been repeatedly confirmed by the constitutional court, says the lawyer. In particular its resolution of 12 may 2012 on a complaint Katkov, the CC stated that these standards are an additional guarantee for investigators.