KIROV, 8 Feb — RIA Novosti. the Leninsky court of Kirov on Wednesday again condemned the head of the FBK Alexei Navalny for embezzlement of 16 million rubles from “Kirovles”, the sentence is almost word for word repeating previously announced with the exception of the penalty now the judge immediately appointed a suspended sentence and did not wait for an appeal as his colleague in 2013.
According to the first sentence, the court sentenced Navalny and co-defendant Pyotr Ofitserov to imprisonment, but the next day was released in order to participate in the campaign for mayor of Moscow. Subsequently, the term was replaced with the conditional. And then the sentence was generally reversed by the Supreme court after the decision of the European court of human rights (ECHR).
on Wednesday, Navalny was sentenced to 5 years probation and a fine of 500 thousand rubles. A penal court also appointed a probation — 4 years and a fine of 500 thousand rubles.
Navalny, who now intends to participate in the presidential elections in Russia, hopes that the new sentence will also be canceled.
case
Navalny and Ofitserov, who was the General Director of LLC “Vyatka forest company (WFC), found guilty of the crime provided by part 4 of article 160 of the criminal code (theft or embezzlement in especially large size). The sanction of this article prescribes punishment in the form of deprivation of liberty for a term up to 10 years with a fine of up to one million rubles.
Alexei Navalny in the Leninsky district court of Kirov during the announcement of the verdict in the case of “Kirovles”
According to investigators, Navalny and Officers organized a supply agreement with forestry Unitary enterprise “Kirovles” on obviously unprofitable conditions for the latter, and then realized the waste transferred to OOO VLK under this contract the timber amounting to 16 million 165 thousand 826 rubles.
the Verdict
Despite the suspended sentence requested by the Prosecutor, Navalny came to court with things that would be needed after confinement in prison. If the court did not agree with the opinion of the prosecution, it could have arrested in a court hall.
During the sentencing, Navalny was acting relaxed, joking with lawyers and his wife, communicated in social networks, and even took a selfie. He has published in his microblog on Twitter, acknowledging that it is a contempt of court. “Bored,” wrote the defendant.
he Also followed the sentence, comparing it with the text of the first sentence. According to the defendant, in the beginning the text was identical down to the typos, matched the testimony of witnesses, although during the second trial, as noted by Navalny, they were somewhat different.
Alexei Navalny in the Leninsky district court of Kirov before the verdict in the case of “Kirovles”
the Only what the court excluded from the original version of the text — witnesses not interviewed in the second process. So, in the sentence, there is no testimony of former Governor of the Kirov region Nikita Belykh, who is under arrest on charges of bribery. In his interrogation he insisted neither the prosecution nor the defense, although the court was willing to arrange a video link with Moscow prison.
Punishment and appeal
Judge Alex vtyurin, having examined the arguments of the prosecution and defense, as well as mitigating and aggravating circumstances, decided that the penal correction is possible without isolation from society. He appointed Navalny sentence of five years probation.
But the probation period the judge set only a year and a half, as the rest of the time Navalny held under the conditional condemnation in the first sentence. At this time it needs twice a month to be in an institution, supervising probation for conversation.
“the ending I liked more than the judges (Sergey) Blinov,” commented the convict punishment, drawing Parallels with the imposition of the first sentence.
However, he intends to appeal it again, and if necessary, again to reach the ECHR. In addition, he wants to appeal to the Committee of Ministers of the Council of Europe with complaints about the failure of the first decisions of the ECHR. Also, the lawyers want to appeal to the constitutional court of the Russian Federation with the complaint to provision of the election law, which may prohibit him from running.
meanwhile, Navalny believes that the Constitution does not prohibit a constituency given a suspended sentence, there is subject to direct action. He does not intend to refuse participation in the campaign. “Right now I am involved in the election campaign. This sentence we do not recognize, and it will be cancelled. In accordance with the Constitution, I can participate in the elections,” — said Navalny.
Comments lawyers
the Central election Commission of the Russian Federation, speaking about the possible participation of Navalny in the elections, stated that it will treat each candidate in the electoral campaign as required by law.
“Based on the circumstances of each candidate, in the course assigned to a specific electoral campaign to each candidate will be treated on the basis of the requirements of the law”, — said the Secretary of the CEC, Maya Grishina.
According to Deputy Chairman of the Board of Association of lawyers of Russia, former member of the CEC of Russia Denis Panchina, after this court’s decision, Navalny could not participate in elections of any level.
“If a person is convicted at this stage and it is, in fact, serving a sentence, albeit conditionally, according to the logic of the legislator, it should not also be allowed to participate in the elections. As qualification of a crime today in the court verdict has not changed and links to Navalny, the provisions of the Constitution is, in my opinion, will not work… we conclude that Mr. Navalny could not participate in as a registered candidate in the forthcoming elections at any level”, — said Panshin RIA Novosti.
According to the lawyer Dmitry Agranovsky, no sensation in the fact that Navalny received a suspended sentence, no. “The sentence imposed is to be expected after the decision of the ECHR could not be real life. Rare and cases, when the state requested probation, and the courts will determine the real. Another thing is that I don’t see that you have removed the shortcomings pointed out by the ECHR. In the course of the process was the same violation, so that the Bulk can easily go to the second round in Strasbourg”, — said the defender.
the Lawyer Alexei Mikhalchik believes that the court ignored the judgment, “or had to be an acquittal”.
“In the case of Bulk lot of unusual factors that are difficult to measure by legal template. He already has a suspended sentence, and I never can remember to double-schedule a suspended sentence, even for discontinuous cases. Based on our judicial practice, it could give a real term”, — said the lawyer.
In the debate of the parties the state Prosecutor asked the court not to take the ECHR decision on the complaint Navalny in the calculation, stating that it “does not have a predetermined force in the evaluation of the evidence.”
According to the decision of the constitutional court of the Russian Federation, Russia, while remaining under the jurisdiction of the Strasbourg court, to execute decisions of the ECHR only with regard to the recognition of the rule of its Constitution.
the concern of the West
the Head of the OSCE Office for democratic institutions and human rights (ODIHR) Michael Georg link expressed concern about a conviction Navalny.
“I’m afraid that today’s verdict against Alexei Navalny is another case of the use of courts to remove certain individuals from the political arena, illegally violating their human rights and denying political choice… it Seems that the sentence in St. Petersburg were made in order to restrict his political rights, including the right to hold the office” — quoted Linc in a statement released Wednesday, the press service of the organization.
it is Worth noting that the link made a statement before the court completed the sentencing. In addition, the head of ODIHR showed ignorance of the actual base of the process, saying that Navalny was sentenced in St. Petersburg, although in reality his case was heard in the Leninsky district court of Kirov.
said the court decision expressed in the German foreign Ministry. “With concern we note that the verdict of Russian opposition leader Alexei Navalny, sentenced in 2013 to five years of probation, has been confirmed today,” — said in a statement the foreign Ministry.
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