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“Rosgranitsa” case: the victim wins


Дмитрий Безделов

On the 11th of August Mosgorsud (The Court of Moscow City) is going to determine the legitimacy of imprisonment of Dmitry Bezdelov, the Head of “Rosgranitsa”. The cause of the inquest is to define “Rosgranitsa” as a victim in a criminal case of misappropriation of 1.175 bln roubles, allocated for the reconstruction of railroad checkpoint “Adler”. This odd document (cause) can turn out badly for Konstantin Busygin, the new Head of “Rosgranitsa”, who apparently was mislead in regards to the real interests of the department in this high resonance case.

 

Dubious status

Criminal cases about the fraudulent misappropriation of budget funds usually have a similar story: the state allocates to one of its departments a large sum of money for some production or purchase, within the corresponding contract the money gets to subcontractor, afterwards neither the money, nor the object for which they were paid, are to be found. A criminal case is initiated and a state department that received the disappeared budget money is determined as a victim – for being deprived of allocated money and for not getting what it has paid for.

The criminal charge, that was initiated for the fraudulent misappropriation of 1.175 bln roubes allocated to the Federal agency for the construction of the state border of the Russian Federation (“Rosgranitsa”) for the reconstruction of railroad checkpoint “Adler” doesn’t fit this scheme. There are at least two reasons to that: firstly, the railroad checkpoint “Adler” is successfully constructed, and secondly, as a result of the conflict between “Rosgranitsa’ and the head contractor LLC “Reconstruction department 5” (“RSU 5”), “Rosgranitsa” is in a win situation.

Therefore, a legitimate question arises: on what grounds did the investigator of the Investigative Deparment of the Ministry of Internal Affairs of the Russian Federation (MVD), officially declared “Rosgranitsa” a victim. The other question is why the representative of a respectful federal agency approved of such a dubious status in this case.

 

Insurance payout

An elementary mathematical calculation was already given (http://oglaskaspb.com/eng/authority/a276/) of how almost 1.2 bln roubles allocated for the reconstruction of “Adler” were spent. Part of these works, in the amount of 351.4 mln roubles, “Rosgranitsa” accepted from “RSU 5” when Dmitry Bezdelov was still the head of the department. Moreover, a special equipment for border control was installed at the checkpoint and costed 178.8 mln roubles. Additionally for the whole sum that was paid to “Rosgranitsa” for the work, a GST in the amount of 163.8 mln roubles was paid. So, 694 mln roubes were spent for the reconstruction of the railroad checkpoint “Adler’ and could not have been stolen.

We also pointed out that the statement that the remaining 481.2 mln roubes were stolen is also questionable. The works in this amount had been also performed and this was stated by the Arbitration court.

However there is another circumstance that neither “Rosgranitsa”, nor the Investigative Committee of the Ministry of Internal Affairs prefer not to demonstrate: the state contract between “Rosgranitsa” and “RSU 5” that became the point for the criminal investigation was insured, and a respectful federal agency received an insurance payout. It happened during the enforcement proceeding of the ruling of the Arbitration Court of Moscow Region from November 27, 2013. According to this ruling the Federal Agency for the construction of the borders of the Russian Federation received an insurance payout from the “National Insurance Group” in the amount of almost 824 mln roubles.

In summary, additionally to 694 mln roubles, the works carried out for 481.2 mln roubles, “Rosgranitsa” received 824 mln roubles as an insurance payout. Altogether it amounts to more than 2 bln roubles that is approximately 800 mln roubles more than the amount of the state contract and the sum, stated as a damage within the criminal proceeding accordingly. 

The logic queical question arises if «Rosgranitsa» should be considered a victim?

 

Newly discovered circumstances

Definitely for «National Insurance group» a payout of such an amount is a definite hit for the budget, however also a good promotion. But the court made a ruling for this payout, based upon simple and clear facts: an insured government contract was not carried out, and “Rosgranitsa” couldn’t return the money. Therefore, the federal agency became among the creditors of the head contractor “RSU 5” that was bankrupted, and the insurance company payed the insurance money according to the court ruling.

However, now due to the fact that “Rosgranitsa” is determined a victim in the criminal case, the situation looks somewhat different. A criminal process is a special instance, which according to our sources wasn’t included in an insurance agreement of a state contract for the reconstruction of  “Adler”. This means, that “Rosgranitsa” will be able to receive reimbursement from the accused for the damage mentioned in the case only after they will be convicted by the court and the court decision will come into force. And if the guilt will not be proved, it will not be able to get a reimbursement.

However, judging from the relationship between «Rosgranitsa» and «National Insurance group» the newly happened events are the new circumstances. And based upon these circumstances, a ruling of the Arbitration Court of moscow Region that ruled «National Insurance Group» to pay «Rosgranitsa» 824 mln roubles can be cancelled. But how does this development correspond with the interests of the federal agency of construction of the state border of the Russian Federation? Is there a chance that Konstantin Busygin, the new head of the agency will have problems, because aside from the inquest, the decision to state the department as a victim is disadvantegous for everyone.

At the moment, only the interests of the Investigative Committee of the Ministry of Internal Affairs are clear – the ruling that such a major participant as «Rosgranitsa» can be stated as a victim will be one of the solid arguments in the Moscow City Court that has to make a decision about the legitimacy of the ruling of the preliminary arrest of Dmitry Bezdelov, made by the court of first instance.

 

 

03.08.2014
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