Lefortovo court of Moscow on Wednesday will resolve the question of the legality of a criminal case against Deputy head of the capital TFR Denis Nikandrov. The occasion was the complaint of lawyers of the accused, explained a press-the court Secretary Ekaterina Krasnova.
She noted that while complaints from the other defendants in the case — the head of the security service, Mikhail Maksimenko and his Deputy Alexander Limonova — the court has not been received. In turn, the defense Lamonova assured that in the near future, the same complaint will be filed in court and from Lamonova.
The result for the investigator
The defence refused to tell what evidence the illegality of the case they are going to provide to the court. However, two people familiar with the investigation told what kind of arguments the defense may present at trial.
The interviewees told that the criminal case against nikandrova, Maksimenko and Lamonova were filed in three different resolutions 15 and 16 July. But the ruling in the case against nikandrova was personally signed by the Chairman of the Investigative Committee Alexander Bastrykin. Two other cases were instituted by the investigative Department of the FSB. This circumstance may be cause for cancellation of orders.
According to the law (article 29 of the law “On Investigation Committee”) criminal cases against employees of the RCDS should excite himself to the Investigation Committee. “Check the reports committed by the Investigative Committee of the crime, the excitement concerning it criminal case and of the investigation are the exclusive competence of the investigative bodies of the Investigative Committee,” States the article. The only exceptions are cases when the investigator was caught right at the crime scene.
But criminal case against employees of the Central apparatus, whose status is the law equates to management, including Maximenko and Lamonova must personally be signed by the Chairman of the RCDS Bastrykin, says, in turn, the lawyer Eduard Isetsky. “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 will be able to initiate a criminal case”, — says Isetsky.
The validity of these provisions has been repeatedly confirmed by the constitutional court, says the lawyer. In particular, in its resolution of 12 may 2012 on the complaint of Katkov, the CC stated that these standards are an additional guarantee for investigators.
When multiple criminal cases the main will be the case, which for formal reasons will be considered to be correctly excited, this may be grounds for termination of all the consolidated cases, said the lawyer Leonid Alperovich. However, since the basic materials were produced in the course of the preliminary investigation, within the framework of operational activities, it does not hurt to initiate new business, inquire further in which to test the evidence, said the lawyer. In other words, a complete cessation of the proceedings those steps lawyers is unlikely to help, concludes the lawyer.
Lawyers for the defendants can rely on the fact that excite is the case, the FSB officers had some interest in the fact that under investigation were the leaders of the TFR.
Monday Nikandrov sent a letter to Bastrykin. In it, he insisted that the criminal case is the result of the conflict between intelligence services — the security service of the TFR and of the Department “M” FSB. The essence of this conflict was not disclosed.
General TFR asked to take the investigation to the Investigative Committee and tried to convince his boss that “the investigation into SU FSB will not be objective.”
“Our business is a result of the conflict individual members of the management “M” of the FSB and the USB COP,” writes Nikandrov. The reason, according to the General, was the fact that the head of the security service Maksimenko “did not go on about appointments to bodies UK.
“I believe that the case should be investigated by the Investigation Committee. You understand, and if we are guilty — punish,” wrote chief Nikandrov.
Quickly obtain the comments from SKR and FSB failed.
Case Shakro and the role of the generals
Nikandrov, Limonov and Maksimenko was arrested by the court on July 19. All of them were charged with receiving a bribe in especially large size (article 290 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. They were arrested in December 2015 after a showdown about Elements café on Rochdelskaya street. Now they are charged with extortion of 8 million rubles. the mistress of an institution Jeanne Kim.
In July in this case was arrested influential businessman Zakhar Kalashov (Shakro Young), on behalf of which allegedly acted Kochunov and Novels.
Almost all defendants in these cases, including high-ranking officers deny their guilt.
One of the key roles in Shakro FSB takes Maksimenko, said a source close to the leadership of the intelligence services, confirmed by the law enforcement officer. According to their information, Shakro colleagues agreed with him. Maksimenko and already passed the instructions Nikandrov through his Deputy Lamonova.
Maximenko is one of the most influential employees of the RCDS, interlocutors . That Maksimenko — the right hand of the Chairman of the TFR Alexander Bastrykin, wrote Forbes. After creation of the Investigative Committee, he headed the Department of physical protection, and then moved to the post of head Umweb.
Although Maksymenko as a head of Department was lower in status than Deputy Bastrykin, but thanks to good relations with the Chairman of the TFR he had a significant influence in the Department, told a source close to the leadership of the FSB.