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The prosecutor’s office will study the “amount” of evidence

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As it became known to Kommersant, the Ministry of Internal Affairs sent a high-profile criminal case to the Prosecutor General’s Office on charges of the owner of the Summa group Ziyavudin Magomedov and his older brother Magomed Magomedov of creating an organized criminal community, as well as embezzlement and embezzlement during the implementation of large projects of about 11 billion rubles. At the same time, the defense of the defendants appealed to the country’s main supervisory authority with petitions to return the case to the investigation. The lawyers note that the prosecution is based on the testimony of classified witnesses, including the one hiding behind the pseudonym Spaniard; one of the examinations on him has already been recognized as improper evidence, and the investigation literally ripped out of the case dozens of pages with evidence of the illegality of the OCG charges.
The Investigation Department of the Ministry of Internal Affairs sent a 721-volume criminal case and an indictment to the Prosecutor General’s Office. The materials within 30 days should be examined by the Deputy Prosecutor General Viktor Grin, who is in charge of the preliminary investigation, to approve the accusation with the transfer of the case to the court, or return them to the preliminary investigation to correct errors. The persons involved in the investigation are 18 people, six of them, including the Magomedov brothers, are undergoing a criminal case completed by the SD of the Ministry of Internal Affairs.
In addition, Magomedov Sr. is additionally charged with illegal trafficking of weapons found in his possession (Article 222 of the Criminal Code of the Russian Federation).
According to the investigation, the defendants were also involved in the theft of 5.4 billion rubles by companies that were part of the Summa group. during the construction of the Kyzyl-Kuragino railway line; RUB 752.9 million in the course of preparatory work for the construction of the stadium “Kaliningrad” and 2.1 billion rubles. with the same work for Gazprom Arena in St. Petersburg; RUB 874.6 million allocated by JSC FGC UES for the purchase of equipment for its delivery to substations and high-voltage lines under construction; RUB 1.2 billion during the reconstruction of the Khrabrovo airport in the Kaliningrad region, as well as to the conclusion of “sham” transactions between United Grain Company JSC (UGC) and Newbay Investments LP, controlled by the OPS participants, for $ 20.2 million, or 613.7 million rubles. at the rate of the Central Bank.
Representatives of the defense of the defendants in the investigation, following the results of familiarization with the case, sent petitions to the Prosecutor General’s Office, which speak of the incompleteness and bias of the preliminary investigation carried out “with an obvious accusatory bias” and the grounds for terminating the criminal prosecution of the accused.
In proving this, the lawyers, in particular, referred to the decisions of two courts, in Moscow and Kaliningrad, issued in criminal cases directly related to the Magomedov brothers. The Presnensky District Court of the capital returned to the prosecutor’s office the criminal case of the former vice-president for finance of the Summa group, Alexander Kabanov, and the ex-deputy general director for capital construction of JSC Globalelektroservis, Khachim Eristov, deciding that the indictment did not contain signs of the organizational unit of the organized crime group, in which they allegedly were … Meanwhile, the main case says that this unit was part of the organized criminal group of the Magomedov brothers. The Central District Court of Kaliningrad, which is considering the case against the acting director of the Regional Directorate of the Capital Construction Customer, Amir Kushkhov, and the leading construction supervision engineer, Sergei Tribunsky, who are accused of embezzling 752 million rubles allocated for the engineering preparation of the stadium construction, recognized the construction and technical examination by inadmissible evidence. Moreover, this examination is the main evidence of the prosecution not only in the Kaliningrad case, but also in one of the episodes incriminated to the brothers.
In August this year, their lawyers filed a petition to the investigator of the SD Ministry of Internal Affairs to terminate the criminal prosecution under Art. 210 CC on 43 pages with an annex of 35 pages. His satisfaction was refused, and most of the document declared by the defense was not found in the case with which she got acquainted. Meanwhile, it contained a detailed scientific study of why, in the light of the amendments to the legislation, the persons involved in the Summa case cannot be accused of involvement in organized crime. According to them, to initiate a criminal case under Art. 210 of the Criminal Code must establish that the company was created to commit crimes. Meanwhile, the Summa Group of Companies appeared long before the events incriminated to the brothers.
The lawyers drew the attention of the Prosecutor General’s Office to the fact that the prosecution is mainly based on information obtained from four secret witnesses who are hiding behind the pseudonyms Kogan, Sidorov, Spaniard and Petrov. Only one of them, a Spaniard, testified against the defendants on a hundred pages. At the same time, the testimony of witnesses whose names are classified, the lawyers believe, contain significant contradictions with the testimonies of both the accused themselves and witnesses from the defense. The lawyers filed requests for confrontations with secret witnesses, but they were refused. Meanwhile, lawyers believe that the level of awareness of the same Spaniard in the OCG case may indicate either his involvement in the commission of crimes, or to knowingly giving false testimony.
In their complaint, having analyzed in detail all the economic elements of the crimes in which the defendants are accused, and having come to the conclusion that the trustees were not involved in them, the defenders of Magomed Magomedov also cited arguments on the episodes imputed to him with illegal possession of weapons. As noted by lawyer Mikhail Osherov, the gilded automatic pistol of Stechkin, seized in the house of Mr. Magomedov near Moscow, firing traumatic bullets, in the opinion of his client, who is not very knowledgeable in weapons, was only a piece of jewelry. And Mr. Magomedov owned the American pistol Ruger P85 quite legally, having received it by decree and. about. President of Abkhazia Alexander Ankvab from 2011 for significant assistance to this unrecognized republic.
Due to the numerous violations revealed by the defense, she asks the Prosecutor General’s Office to return the criminal case to the Ministry of Internal Affairs SD.
The Prosecutor General’s Office refrained from commenting, since no procedural decisions were made on the received materials. At the same time, we recall that in a recent interview with Kommersant, the Deputy Minister of Internal Affairs, the head of the SD of the Ministry of Internal Affairs, Sergei Lebedev, said that the grounds for revising the act incriminated to Messrs. Magomedov and their accomplices under Art. 210 of the Criminal Code of the Russian Federation, he does not.
Nikolay Sergeev

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