Photo: REUTERS 2015
The text after the holidays
On Monday, advocates brothers Alexei Navalny and Oleg – lawyers Vadim Kobzev, Olga Mikhailova and Kirill Polozov – received in the court of the capital Zamoskvoretsky full text of the judgment. After that, they immediately filed an appeal, which was asked to cancel the sentence and acquit the convicts. Their complaint will be considered in the Moscow City Court.
As explained RBC court spokesman Julia Petrova, the reasoning part of the solution has been prepared on the first working day after the holidays, as provided by law. Judge Elena Korobchenko itself, bringing the date of the sentence from January 15 to December 30, stated that the verdict is already ready.
On December 30 Korobchenko announced in the courtroom only introductory and the operative part of the judgment. The court reclassified the charge on a softer article – fraud in the sphere of economic activity (Article 159.4 of the Criminal Code) and considered possible to appoint Alexei Navalny second probation – in 2013 he was sentenced to 5 years probation in the case of « Kirovlesa ». Oleg Navalny was also sentenced to 3.5 years in a penal colony and taken into custody in the courtroom.
They were found guilty of embezzling more than 31 million. Rubles at the companies’ Eve Roche East “and” MIC “. According to investigators Bulk brothers founded the company « Glavpodpiska », and, using his official position to Oleg “Russian Post” received a contract for the delivery of goods company “Yves Roche East “. In fact, the services provided by a transport company, which hired Oleg at prices lower than pay the company “Yves Roche East”. A similar situation, according to the prosecution, was formed with the delivery of goods to the company “MIC”. Brothers admitted guilt and insisted that « Glavpodpiska » usually takes economic activities .
«In sentencing court took into account the actual circumstances of the case, the identity of the accused, the nature of that person’s conduct, the role of each of a crime », – Petrov explained the position of the court. She noted that the full text of the judgment is published on the site only after the decision enters into force. But according to the law it will happen only after the appellate complaint.
Dangerous commerce
According to the lawyer Kobzev, retraining charges was due to the fact that the judge did not Korobchenko unable to accept the position of the allegations that the company “Main subscription agency” was a fictitious organization. In court, prosecutors insisted that the brothers founded the company not to operate the business, and for the theft of funds.
«From the decision gone the concept of” lzhepredpriyatie », – said Kobzev. According to the lawyer, the court concluded that “Glavpodpiska” was a legitimate organization, but violated the terms of commercial activity. “All violations must be of the sentence was reduced to the fact that” Glavpodpiska “intermediates without logistical base – own transport», – Kobzev notes.
«This means that we can criminalize any mediation, – sure lawyer. – If, for example, any company will organize banquets, balls and ordered to recruit singers from other companies, it is also possible to draw on this article. After all, the company has no singers in the state and the balls on the balance sheet ».
According to the lawyers and Kobzev Polozova, the judge also did not specify why Oleg Navalny shall be held in the colony, and Alexei Navalny, you can assign a conditional sentence. “The verdict simply written common phrases that Oleg correction is not possible without isolation from society, and fix Alexis – maybe», – Kobzev says.
The prosecutor’s office estimated the role of the crime of two brothers as identical and requests for them the same sentence – 8 years in prison (Alexei Navalny proposes to add two years, changing the suspended sentence last sentence in the case « Kirovlesa » the real).
The court and the prosecutor’s office with this position did not agree. However, “in the text of the judgment is not specified anywhere that Oleg was, for example, organized crime or his role was more important,” says Polozov.
The preventive measure Oleg Navalny’s lawyer appealed yet December 30.
Alexei Navalny himself has not commented on the text of the sentence. His spokesman Cyrus Yarmish RBC reported that the opposition has not yet familiar with the full decision of the court.
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