To check the legality
Deputy head of management of own safety of the RCDS Alexander Limonov wrote a complaint to the chief military Prosecutor Sergei Fridinsky, told his lawyer Olga Lukmanova.
He asks the Prosecutor to check the actions of the employees of the Department “M” FSB and to establish on what basis they carried out search operations against high-ranking employees of the RCDS. And also to verify the legitimacy themselves collected materials investigative materials (ORM) — particularly in terms of operational wiretaps of conversations, which is in the case.
Document Limonov wrote this in the detention center and sent him in the mail through the administration of the institution, explained Lukmanova. The answer is the defense has not received.
The lawyer explained, which violations, according to Limonova, committed operatives.
About the conflict between the SKR and FSB wrote the Deputy head of the Metropolitan GUS Denis Nikandrov. He also sent a letter from detention to the Chairman of the TFR Alexander Bastrykin, asking to take his case out of the FSB Investigative Committee.
“Our business is a result of the conflict individual members of the management “M” of the FSB and the TFR CSS”, — wrote Nikandrov. The reason, according to the General, was the fact that the head of the security service, Mikhail Maksimenko, who is also a defendant in a corruption case, “did not go on about appointments to bodies UK.
On July 19, Lamanov and his boss — the head of the CSS Mikhail Maksimenko and Deputy head of the main investigation Department of the TFR in Moscow Denis Nikandrov are under arrest. According to the investigative Department of the FSB, which is leading the investigation, senior officials of the TFR for the money promised to help to go free approximate reputable businessman Zakhar Kalashov (Shakro Young).
One of the major evidence in their case is the results of wiretaps of their conversations. As has told a source close to the investigation, field investigators of FSB recorded two personal meetings Maximenko and Lamonova that passed in the study Maximenko and his house. One of them was also present and Nikandrov.
managed to read the transcripts of these meetings. According to the documents, senior investigators discussed how to address the issue (freeing people Shakro) you want to transfer the money “in TSAO. They mention the name of Shakra, the name Kramarenko called sum — 200 and 500.
According to the source , which confirmed the results of wiretaps, we can talk about the transfer of thousands of dollars that investigators planned to pay in CAD and, in particular, the head investigative Department Alexey Kramarenko. In this investigation Department was transferred in the spring to investigate the matter Kochanova and Romanov. And at the end of April Kramarenko wrote a memo to the head of a capital Central Board Alexander Drymanov, which proposed to reclassify the charge Kochanova and Romanov softer article.
But no data about how it was recorded these conversations, in fact no, according to sources .
The court of spetsotryada
According to the law about operatively-search activity, all dosledstvennaja activities can be carried out only with the permission of the court. In its ruling, the court also should specify the conduct which measures he agrees — for example, a wire, or experiment. Such a ruling, the law gives the right to ORM within six months after that, investigators need to refer back to the court.
In practice to challenge the legality of OPM, it is important to understand what the court gave permission for the conduct of OPM, said the lawyer Alexei Mikhalchik.
Investigators are subjects, points out the lawyer, and permission for wiretapping must give the court subject, in the case with Lamonova — the Moscow city court, said michalczyk. The solution to OIM for ordinary citizens give district courts.
Also defenders can insist that the MPAS in the attitude of subjects can be carried out only after initiation of criminal proceedings, and not before,” — said michalczyk.
Most high-profile case of illegal wiretapping of telephone talks was the case of General Alexander Bulbov, who held the position of head of the Department for operational support of the Federal service for control over drug trafficking. Initially he was charged with several dozens of episodes of crime — violation of the secrecy of telephone conversations, abuse of office and bribery, the investigation took six years, but was eventually discontinued. However, Bulbov was convicted was illegal Poluchenie pension, for which he received a suspended sentence.
In the midst of the scandal around the Bulbov case left his post as head of the Federal drug control service Viktor Cherkesov.
What accuse the employees of the RCDS
According to the FSB, senior investigators for the money contributed to the mitigation of charges close Shakro — Andrew Kochunov and Eduard Romanov.
Kochunov and Romanov was arrested in December 2015, after he had participated in clashes near the Elements restaurant on Rochdelskaya street. According to the materials of the case, they, on behalf of Shakro demanded that the owner, Jeanne, Kim paid his debt to designer Fatima Misikova. The talks lasted several hours and ended with a shootout that killed 2 people who came with them. Kochunov and Romanov was charged with hooliganism (article 213 of the criminal code), murder was the accused’s lawyer, Kim Edward Budantsev, who shot from his Beretta premium gun. At the request of investigators court has sent Budantseva under house arrest, and Kochanova and Romanov — in jail.
Spring it Kochanova and Romanov has been transferred from the capital dome to the investigative Department for the Central DISTRICT, and in may the charge was retrained on softer article of arbitrariness (article 330 of the criminal code).
But in June, the criminal case was transferred for investigation to the investigative Department of the interior, and the prosecution again changed — this time on extortion (article 163 of the criminal code). A month later, on July 13, the case is under arrest and himself Shakro.
Within a few days after the arrest of Shakro the investigators of the investigative Department of the FSB instituted several criminal cases in respect of Kalashov and employees of the RCDS.
As told by two sources close to the investigation, the first was the initiation of two cases against Shakro — under article 210 (creation of criminal community) and article 291 (giving a bribe). But he charges for these items still did not show.
After that, the investigators of the FSB opened a criminal case against Maximenko and Lamonova. A criminal case was initiated against nikandrova last — it was initiated personally by the Chairman of the TFR Alexander Bastrykin.
Now it nikandrova, Maksimenko and Lamonova are connected in one manufacture, and the investigation deals with the FSB.