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“Rosgranitsa” case can become the process of the century


Dmitriy Bezdelov

The officials at the Investigative Department of the Ministry of Internal Affairs evidently have a vague idea of how they should further proceed on the criminal case of Dmitry Bezdelov, the former Head of “Rogranitsa”. The fraud charges were replaced with the charges of misappropriation; the misappropriated sum was changed from 1.2 billion roubles to 170 million roubles. And when the court had set the accused free, the inquiry has done a straightforward accusation that the latter were part of an organized crime group.

 

It’s not amusing

Article 210, paragraph 3 of the Criminal Code –“Setting up a criminal group by the misuse of one’s official status” is not an amusing accusation. For such a crime an accused is bound for a penalty of 20 years imprisonment. In our case it is evident that these charges to Dmitry Bezdelov and other accused (http://oglaskaspb.com/eng/authority/a276/) were the last resort for the Investigative Department of the Ministry of Internal Affairs of the Russian Federation.

In September 2013 when a criminal charge had been initiated for the fraudulent misappropriation of funds for the reconstruction of railroad checkpoint “Adler” it all seemed slightly bizarre. At that time the inquiry charged Dmitry Bezdelov and his former subordinates at “Rosgranitsa” and two other businessmen with a misappropriation of almost 1.2 billion roubles – that is almost all the funds that had been allocated for the reconstruction of “Adler”. Therefore, a reasonable question arose if this could be possible when the construction of the checkpoint was almost completed and it was successfully operating.

Other details that were previously mentioned in other articles (http://oglaskaspb.com/eng/authority/a278/) point to another argument, which demonstrates the unreasonable logic of the ones, who initiated the criminal charges. The point is, that the state contract was insured, and after it was found out that the contract was not carried out to the full and within the assigned time, the “National insurance group” insurance company according to the ruling of the Arbitrary Court of St. Petersburg and Leningrad Region had made a payout to “Rosgranitsa” in the amount of almost 824 million roubles. As a result,  “Rosgranitsa” that along the case was stated as a victim, became richer as a result. Every lawyer will define this situation as exclusively civil-legal case.

However, an Investigative department of the Ministry of Internal Affairs against all common sense has concluded that a major fraud took place, which is bound to a 15 years of imprisonment…

 

Only 10…

The delusion lasted relatively long – until August 2014, when supposedly the case about fraudulent misappropriation of budget funds assigned for the reconstruction of checkpoint «Adler» was noticed by an official with a common sense. Then, all the participants of the case were repeatedly accused and the fraud turned into misappropriation, and 1.2 billion roubles into 170 million roubles. The whole situation became more lawful and finally the evidence could be analysed. Possibly 170 million roubles had been really stolen and maybe it was time to find out who and in what circumstances was responsible for it and to finally find out why this ill-fated checkpoint happened to be reconstructed and functioning and why “Rosgranitsa” that was stated as the victim came out to be a winner.

Moreover, the article 160, paragraph 4 of the Criminal Code (“Misappropriation or spending, performed by an organized group on a major scale”) which was incriminated to the accused, means not 15 years of imprisonment, but only 10…

Then, however, unexpected difficulties happened: Tverskoy District Court of Moscow has freed all the accused case participants, noting to the inquiry that such an investigation dynamics can not result in a satisfactory court hearing. Evidently, such turn of events has radically spoilt the mood of the officials of the Investigative Committee of the Ministry of Internal Affairs, where as the main argument for the people to cooperate with an inquiry they see an imprisonment, which in Russia is equal to tortures.

And then the team on the inquiry became creative.

 

Creative society

At the end of September 2014 all the case participants were accused on new charges. The story remained the same – the misappropriated 170 million roubles, the state contract for the reconstruction of the “Adler” railroad checkpoint. However, another rather unclear incident was added to it, describing the misappropriation of 130 million roubles from the budget assigned for the reconstruction of the international car checkpoint “Borderline”, located at Far East.

The idea to accuse the participants of the organization of the criminal group allows the inquiry to appeal to court about the new arrest of the parties according to the new case developments. And these developments played their role: a newly appointed judge to the case of the Tverskoy District Court ruled out to arrest the participants of the case that underwent a renewed investigation, so widespread nowadays. It is worth noting again, that case participants now face up to 20 years imprisonment.

 It would be a mistake to assume, that a “fraud” was firstly transformed into “misappropriation” and then into “organization of the criminal group”. Not at all! The Investigative Committee of the Ministry of Internal Affairs has accused the participants of crimes according to the same case material, however none of the three Articles of the Criminal Code according to which they are accused mentions a “misappropriation”. The charges state “Organisation of the criminal group”, “Fraud on a large scale” and “Legalisation (laundering) of funds and other assets, appropriated by a person as a result of the crime”.

Supposedly, the case will turn out to be the process of the century.

 

 

06.10.2014
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