Repeat the process in the “case “Kirovec” will continue without Bulk


Reconsideration

Alexei Navalny will not participate in the meeting of the Leninsky court of Kirov on the “case “Kirovec”, which is scheduled for Tuesday, December 6. As stated by the founder of the Fund of struggle against corruption on Monday during the first hearing, neither he nor his lawyers can be present in the court every day, as required by the presiding judge Alex vtyurin.

Attorney Bulk Olga Mikhailova busy in another process, it is the family of Boris Nemtsov in court on the case of murder of the oppositionist. The politician said that he will leave Kirov.

“This anomalous haste (meetings will be held every day from 9 am to 6 PM. —) can be associated with only one — they need as quickly as possible to reach a verdict to deprive me of the right to participate in elections,” wrote opposition on his website.

It is not excluded that after the politician does not come to court, the prosecution asked to change the measure of restraint and to put him in isolation. “This possibility certainly exists, and nothing good I do not see it. But to remain in the process without my defenders — this perspective is even worse,” — said Navalny in conversation with .

On December 5 the court began reconsideration of the “case “Kirovec”. On the first day of the hearing protection Navalny asked to return the materials to the Prosecutor for elimination of violations. According to lawyers, the prosecution did not correct the mistakes found in the Strasbourg court.

Also lawyers asked to stop the prosecution on the basis of the decision of the ECHR and replace the Chairman in the process the judge Alexei Vtyurin, as his direct supervisor is the judge, Sergei Blinov, who issued the first verdict in this case.

In satisfaction of the first application was denied, a decision on the other two judge will later: leave the vtyurin hearings granting the request for disqualification, the judge will announce the morning of 6 December; and the decision to dismiss will be announced after the Prosecutor will announce the indictment.

Kirov court

In 2009, Navalny, while working as the adviser of Governor Nikita Belykh, was introduced to the General Director of the Kirov regional state unitary enterprise (KOGUP) “Kirovles” Vyacheslav Opaleva with the entrepreneur Pyotr Ofitserov, who founded Vyatka forest company (VLK).

According to investigators, Navalny and Officers imposed “Kirovles” with disadvantageous conditions on which the company gave VLK the forest for implementation. A total of KOGUP put 10 thousand cubic meters of materials valued at nearly 16.2 million RUB VLK bought the forest at a lower price and resold at the market, believe in the TFR. Thus, according to the materials of the case, Navalny, Opalev and Ofitserov has committed theft “in favor of third parties.”

Opalev made a deal with the investigation, has given grateful evidences and has received four years of probation. During consideration of the case Navalny and Ofitserov he could not remember the detail of how it interacted FELV and “Kirovles”. The defendants claimed that Opalev slandered them. In addition, he illegally transferred the company “Kirovlesprom”, where he worked for his son, RUB 45 million.

July 18, 2013, the judge of Lenin district court of Kirov Sergei Blinov sentenced Navalny and Ofitserov to five and four years in prison, respectively, and 500 thousand rubles of a penalty. On the evening of the same day the Prosecutor’s office appealed the measure of restraint involved in the case and asked to release them from custody pending consideration of the appeal. July 19, Navalny and Ofitserov were released. In October regional court replaced Navalny, who at that time managed to participate in elections of the mayor of Moscow to take second place, and Ofitserova real terms on probation.

In October 2015 Nikulinskiy court of Moscow the statement of “Kirovles” sought to Navalny, Ofitserov and Opalev 16.2 million rubles as compensation. Later the Moscow city court has suspended consideration of the appeal in this case to wait for his decision will make the ECHR.

The Position Of Strasbourg

In February 2016, the Strasbourg court decided that the consideration of the “case “Kirovec” violated the rights of Navalny and Ofitserov to a fair trial and no punishment without law (article 6 and 7 of the European Convention on human rights). The case against Opaleva shouldn’t have to allocate in separate manufacture and to the testimony of the former head of KOGUP the court had to be critical, recognized to the ECHR. In addition, in Strasbourg noted that the Russian authorities considerably beyond the usual interpretation of the law, to convict Navalny and Ofitserov.

The Strasbourg court disagreed with the appellants that the Russian authorities by the court on the “case “Kirovec” sought not justice, and sought to prevent political activities Bulk. While in Strasbourg pointed out that the Russian courts had to pay attention to the relationship between anti-corruption publications Bulk and the desire of the Investigative Committee to charge him.

In November 2016, the Supreme court, following the ECtHR decision, overturned the verdict and sent the case for retrial. Navalny insisted that the case was to stop in connection with absence of structure of a crime.

The Supreme court ruling returned Bulk the opportunity to participate in the elections. He is survived by two convictions: in the case of misappropriation of company funds “Yves Rocher” and for libel against Moscow Deputy Alexey Lisovenko. These crimes are not considered serious and therefore do not affect the electoral law, explained the opposition lawyer Vadim Kobzev. Restrictions apply only to convicted persons for grave and especially grave articles: they can run in nine and 15 years after the quashing of the criminal record, respectively.

The Supreme court’s decision caused surprise in the presidential administration: the staff of the Kremlin some time trying to figure out why was cancelled the verdict in the “case “Kirovec”, said the Federal official.

What can happen to the case

The result of repeated trial of Navalny is unpredictable, said the lawyer Vadim Klyuvgant: “It is a question not to the lawyer, and fortune-teller. Is there anything can be, the palette is big.”

The defense will be able to exclude evidence which previously were referred to court and which the court borrowed from the case against Opaleva, says a partner bar Association “Barschevsky and Partners” Anastasia Rastorguev. According to her, after the ECHR decision of Kirov court cannot accept the evidence without research. Thus, the lawyers for Navalny and Ofitserov will be able to submit petitions on their expulsion, citing the fact that they were collected in violation of the law.

The fact that the judge dismissed or postponed to a later date the decision on the application for protection does not mean that in respect of the Bulk will necessarily be a conviction and that the punishment will be more severe than the first time, sums up the lawyer.

At the end of the process will affect how government is perceived Bulk, said political analyst Alexei Makarkin. “He has a certain weight plus a rather serious impact on the Internet. Speaking about his participation in the presidential elections, then I think it will be decided on the basis of a number of factors. For example, if there is a desire to create additional intrigue,” — said the expert.

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