The court postponed “Kirovlesa” consideration of the claim to Navalny because of the decision of the ECHR – RBC

The founder of the Fund’s fight against corruption Alexey Navalny

Photo: Mikhail Pochuev / TASS

The Moscow City Court postponed the hearing on the suit of” Kirovlesa “16 million rubles for Alexei Navalny, as well as involved in the case” Kirovlesa “Vyacheslav Opaleva and Peter Ofitserova. This is due to the ECHR decision on the “case” Kirovlesa »

The Moscow City Court refused to consider an appeal against the decision Nikulinskiy Court of Moscow, which is collected from the founder of the Fund’s fight against corruption Alexey Navalny, the ex-director of the Vyatka Peter Ofitserova forest companies and former general director of “Kirovlesa” Vyacheslav Opaleva 16 million rubles for the claim KOGUP “Kirovles».

Production of the suit was postponed, because the European court of Justice on February 23 issued a decision on the “case” Kirovlesa “and found a violation of the rights of Navalny and Ofitserova . Protection noticed that now the chairman of the Supreme Court Vyacheslav Lebedev should make representation to the Presidium of the Supreme retrial. As a result, the sentence should be changed or canceled. Until the Supreme Court’s decision Navalny’s lawyer Olga Mikhailova requested to suspend the lawsuit. Moscow City Court Collegium refused to do so, as long as the sun has not made the chairman of the corresponding representation, but agreed to postpone the meeting and wait for this idea goes to the presidium of the Supreme Court. The hearings will resume on April 8.

The ECHR sentenced Navalny and Ofitserova a total of € 87 thousand. The Strasbourg court found that during the process were violated the applicants’ right to a fair trial (Article 6 of the European Convention on Human Rights). There was also a violation of Article 7 of the Convention, which guarantees the punishment without law: to denounce and Ofitserova Navalny, the Russian authorities have reached much beyond the usual interpretation of the legislation, the ECHR judges indicated

The Strasbourg Court did not agree with the applicants. that the Russian authorities with the help of the court on the “” Kirovlesa “case sought not justice, and sought to prevent the social and political activities of Navalny. Here in Strasbourg indicated that Russian courts would have to pay attention to the relationship between anti-corruption publications Navalny and the desire of the Investigative Committee to charge him. The judges of the ECHR concluded that Navalny and Ofitserova convicted for acts that can not be distinguished from the ordinary course of business.

In October Nikulinskiy Moscow court ordered Navalny Ofitserova and Opaleva pay more than 16 million rubles for the claim “Kirovlesa” . During the meeting, the lawyer Svetlana Davydova Ofitserova noted that Vyatskaya timber company owned by her client, paid all timber in the amount of 14.8 million rubles, which is confirmed not only documents, but also the verdict of the Leninsky district court of Kirov, who in July 2013 found Navalny and Ofitserova guilty of embezzlement. According to the most Ofitserova, he listed at least 16 million rubles as “Kirovles” not submitted all necessary documents to the rest of the production.

fact, the plaintiffs demanded double payment for the products, have a lawyer Vadim Navalny Kobzev. Earlier Kobzev said that Navalny’s defense sent a statement to the Investigative Committee of Russia, which asked to bring the bankruptcy trustee “Kirovlesa” Andrey Malygin liable for fraud.

 The meeting was held without trial Nikulinskiy Vyacheslav Opaleva and without representatives of the plaintiff. The court also refused to request the entire accounting documentation “Kirovlesa».

In 2013, during the consideration of the case “Kirovlesa” Company representatives declined to a civil action. Then Navalny was sentenced to five years imprisonment suspended, officers received four years probation. March 15 it became known that the ECHR took up the complaint brothers Navalny on the “case” Yves Rocher “.