Source: www.rucriminal.info
Today, the High Qualifications Board of Judges of Russia (HQJC) will consider the proposal of Alexander Bastrykin, Chairman of the Investigative Committee of Russia, to prosecute six judges suspected of committing various crimes.
The agenda of the extraordinary meeting includes the retired chairman of the Kupinsky Court of the Novosibirsk Region, Tamara Koshlak, in respect of whom Bastrykin asks for consent to initiate proceedings under article 286 of the Criminal Code of the Russian Federation (“Abuse of power”). In addition to her, the list includes Tatyana Lisina (Antonova), a retired justice of the peace from the Novosibirsk region, under an article on incitement to an official crime and violation of the secrecy of correspondence.
Judge of the Kolosovsky Court of the Omsk Region Vladislav Kuminov - for violating traffic rules. The judge of the Krasnodar Regional Court Yuri Zakharchevsky will be brought to justice for a fatal accident and leaving in danger, and the judge of the Leninsky Court of Vladikavkaz Rodion Antipin, suspected of extorting a bribe.
They also ask to open a case against the former chairman of the Pestrechinskiy court of Tatarstan, Irek Nabiev. The set of articles of the Criminal Code is impressive: fraud (159 of the Criminal Code of the Russian Federation), kidnapping (126 of the Criminal Code of the Russian Federation), drug trafficking (228.1 of the Criminal Code of the Russian Federation), extortion (163 of the Criminal Code of the Russian Federation), abuse of power (286 of the Criminal Code of the Russian Federation), forgery of documents (327 of the Criminal Code of the Russian Federation). Russian Federation), money laundering (174.1 of the Criminal Code of the Russian Federation), taking bribes (290 of the Criminal Code of the Russian Federation). According to such a list, one might think that we are talking about the leader of the mafia. However, this story is not so simple.
At the disposal of the telegram channel of the Cheka-OGPU and Rucriminal.info was Nabiev's objection to the idea of giving consent to initiating a criminal case. In it, a retired judge says that for one year a certain Kaimanov V.A. worked for him as a driver. When the judge found out that he had a previous conviction and also began to talk about his friendship with Nabiev and offer himself to different people as a solver, he fired him. Much later, Kaimanov was suspected of embezzling a huge amount from the accounts of Kisher LLC. It turned out that this LLC is controlled by one of the "authorities" of the organized criminal group "Uralmashevsky" Utrobin V.A. These were funds received as a result of raider seizures, laundering of criminal proceeds, etc. Unexpectedly, employees of the UFSB of the Republic of Tatarstan arrived at Nabiyev for an informal conversation, who explained that Utrobin was their man and the money should be returned. They believed that Nabiyev could influence Kaimanov. The judge refused. After Kaimanov's arrest, he did not mention Nabiyev in his testimony. Still couldn't get the money back. Then, according to his version, the FSB officers again came to the judge and said that this was the last chance to return everything to Utrobin. It did not work, the judge assured that he had nothing to do with the theft and Kaimanov.
As a result, Kaimanov entered into a pre-trial agreement (thanks to him he received eight years) and began to testify that absolutely all the crimes of which he is accused, he himself or his acquaintances in the underworld are suspected, were committed by order of Judge Nabiev. Nabiev himself denies his guilt and believes that he was a victim of the "games" of the special services. He asks the VKKS to refuse to initiate proceedings.
Rucriminal.info publishes the objection of the judge:
“The Supreme Qualification Board of Judges of the Russian Federation is considering the submission of the Chairman of the Investigative Committee of the Russian Federation Bastrykin A.I. (hereinafter referred to as the Submission) on giving consent to initiate a criminal case against me, a retired judge - the former chairman of the Pestrechinsky District Court of the Republic of Tatarstan Nabiyev Irek Gilmegayanovich on the grounds of a number of crimes.
It follows from the Submission that the Main Investigation Department of the Investigative Committee of the Russian Federation is in the process of checking material against me, Nabiev I.G., about my alleged involvement in the commission of crimes.
2. According to the data set forth in the Submission, I declare the following:
I, Nabiev I.G., have not been involved in the commission of the crimes listed in the Submission.
3. The arguments about my alleged involvement in the crimes set forth in the Submission are based only on unfounded, unsubstantiated and unsubstantiated (no audio, no video recording, no documentary evidence, etc.) testimonies of people who themselves actually are criminals and in relation to each of which, there are initiated criminal cases.
4. Tax Inspectorate No. 9 of the Republic of Tatarstan in 2017 initiated an internal audit in relation to Kisher LLC, which has signs of a “one-day company”. Utrobin V.A. was the founder and director of Kisher LLC. - a member of the organized criminal group "Uralmashevsky" in Yekaterinburg, which is engaged in cashing out funds and raider seizures in Russia. In particular, Utrobin V.A. (according to the tax inspectorate) a raider takeover of Kisher LLC was carried out, on whose accounts at that moment there were 77 million rubles (this criminal fraud was allegedly covered up by the act of acquiring OOO Kisher Utrobin V.A. from a certain Noskov M.I., who is a homeless person for 11,000 rubles).
The leadership of the tax inspectorate sent informative letters to various law enforcement agencies with a request to assist in the search and interview of Utrobin V.A. However, there was no reaction from the above-mentioned law enforcement agencies.
On the contrary, instead of finding and prosecuting Utrobina V.A. and Noskova M.I. against the head of the tax inspectorate No. 9 of the Republic of Tatarstan Safin A.M., a criminal case was initiated for allegedly exceeding his official powers.
5. As it became known later, the criminal interests of Utrobin V.A. actively defended by the operational officer of the Office of the Federal Security Service (FSB) of the Russian Federation for the Republic of Tatarstan Belyaev Airat.
6. Very interesting, at the end of 2019, at the end of 2019, according to Utrobin V.A. Utrobina V.A. 2 years ago, in 2017. This fact indicates that Utrobin V.A. for two years he was looking for patrons, including among law enforcement officers, who would help him not to become a suspect in the case of cashing out money, but on the contrary to become a “victim”. And Utrobin managed to find such patrons, one of them was an FSB officer Belyaev.
Based on my own many years of experience in the judicial system, I was very pleasantly surprised by such an instant response on the part of the Investigative Committee of the Investigative Committee of the Russian Federation for the Republic of Tatarstan to the statement of V.A. interrogation of the applicant, the investigator of the 2nd department of the Investigative Committee of the RF Investigative Committee for the Republic of Tatarstan Mustafina A.R. together with an operational officer of the FSB of the Russian Federation for the Republic of Tatarstan, personally went to Yekaterinburg, at the place of residence of Utrobin V.A. Such actions on the part of law enforcement officers can mean nothing more than their obvious interest in the “appointment” of Utrobin V.A. "victims" in the case, including a clear personal interest.
In the practice of the Republic of Tatarstan and I think Russia, such facts have not yet been, this is the first such case.
7. As it has now been established, funds from the accounts of Kisher LLC were stolen by businessman Kaymanov A.V., who previously worked as a driver in the Mendeleevsky District Court of the Republic of Tatarstan in 2009-2010.
8. The fabrication of the criminal case initiated at the request of Utrobin V.A. confirms the fact that in November 2019, while in the judicial department, in the presence of department employees, I was approached by a man unknown to me, who identified himself as Valery and stated that he was a representative of Belyaev Airat, the detective of the Federal Security Service of the Russian Federation for the Republic of Tatarstan, and certain employees of the Investigative Committee of the Investigative Committee of the Russian Federation by RT. Valery offered me, as the former head of Kaimanov A.V. influence the latter and force him to return Utrobina V.A. allegedly stolen money. I didn’t understand what they were talking about at all and naturally refused, since V.A. did not interact in any way and could not influence this person in any way. After that, it was announced to me that in the event of my refusal to assist, Belyaev and his group, using the administrative resources of the FSB and the Investigative Committee, would initiate checks and initiate criminal cases against me and my family members. I was simply shocked by such statements, but did not take them seriously, believing that these were just stupid threats of the near-minded presumptuous employees who were trying to curry favor with their management in this way.
9. However, as I understand now, the threats of Belyaev and his group were quite real and eventually turned to action. Moreover, at the moment I am sure that the actions of the above employees were guided not only by the falsely understood interests of the service, but also, possibly, by their own criminal material intent.
10. After the visit of a person from Belyaev and the Investigative Committee, as mentioned above, a criminal case was initiated at the request of V.A. Utrobin, which also once again testifies to the fabrication of this criminal case.
11. The main person involved in the criminal case on the application of Utrobin V.A. became, as mentioned above, Kaimanov A.V., repeatedly convicted earlier, who, being detained for other crimes committed by him, gave exhaustive confessions in the above criminal case. In the protocol of surrender and his initial testimony as a suspect dated March 20, 2020, received by the senior investigator of the 2nd department of the Investigative Committee of the Investigative Committee of the Russian Federation for the Republic of Tatarstan Temnikova K.S., Kaimanov A.V. described in detail all his criminal actions, while in no way did he mention me.
These testimony Kaymanova A.The. are undoubtedly true. And the presence of such testimony in the materials of the criminal case unequivocally testifies to my non-involvement not only in the crimes committed, but in general in the events taking place.
12. Next, to me various persons continued to apply repeatedly - Reshals, who presented themselves as employees of the special services and the Investigative Committee with persistent requests to influence Kaimanov A.V. in the return of funds to Utrobin V.A. stolen from the accounts of LLC "Kisher" and threats of administrative action against me and my family, in case of refusal to assist.
I informed my leadership about the incoming threats to the Supreme Court of the Republic of Tatarstan, but there was no response to my appeals.
13. Also, A.V. Kaimanov himself, already in custody, through intermediaries, repeatedly turned to me with a request for help in releasing him from criminal prosecution, which I naturally refused him.
14. Kaimanov A.V. in 2009-2010 he worked in the Mendeleevsky District Court of the Republic of Tatarstan as my driver, and it was my acquaintance with me that made it possible for this person to flaunt his alleged connections, mislead people about his capabilities and, as I now understand, to commit crimes. Kaimanov A.V. was dismissed from the position of my driver precisely because he began to tell everyone around about friendly relations with me and about his opportunities in connection with “friendship with the judge”, to resolve some issues, which was a lie. About such behavior Kaimanova A.V. I became aware, after which Kaimanov A.V. was dismissed for negative reasons. After the dismissal of Kaimanov A.V., apparently, he harbored a vicious resentment against me, which could be a reason for revenge on his part, expressed a slander and outright lies about me during the investigation of the case.
15. I am sure that it was precisely the fact that I refused Kaimanov A.V. in any assistance in releasing him from criminal liability, as well as the fact that the FSB officer Belyaev and the employees of the Investigative Committee, who, as we know, had long conversations with Kaimanov A.V. in order to persuade him to mutually beneficial cooperation and give false testimony against me in exchange for the termination of previously initiated criminal cases, a change in the measure of restraint, etc., and became the reason that Kaimanov A.The. refused his lawyer, began to work with a lawyer provided by the above employees, changed his testimony and began to claim my alleged involvement in the crimes committed by him against V.A. Utrobin, calling me the “Head” of his criminal actions.
Such behavior on the part of Kaimanov A.V. became possible only with the criminal assistance and personal interest of unscrupulous law enforcement officers, for whom the determining factor in their actions was the presence of an excellent opportunity to raise their clearance rates by “exposing” the judge, the chairman of the district court, allegedly involved in committing high-profile crimes.
16. After Kamanov A.V. gave false testimony against me, a retired judge, regarding my alleged involvement in the crimes committed, in relation to Kamanov A.V. and it was promised that the measure of restraint was changed from detention to a milder measure of restraint - house arrest. And then, as expected, with Kaimanov A.V. an agreement was signed. This kind of indulgence in relation to Kaimanov A.V., who is accused of committing grave and especially grave crimes, cannot be accidental, I am sure that this happened only in exchange for giving “necessary” false testimony against me, which are slanderous.
17. I would like to draw your attention to the fact that Kaimanov A.V. by this time, he had already been convicted by the Tukaevsky District Court of the Republic of Tatarstan for another serious crime he had committed to 8 years in prison (and this sentence, in a strange way, was subsequently canceled). And also, at the time of signing the pre-trial agreement Kaimanov A.The. was accused of committing crimes under Part 4 of Art. 159; Part 4 Art. 327; p. a, p. b h. 4 tbsp. 174.1; n. and h. 3 Art. 126- part 3 of Art. 33 of the Criminal Code of the Russian Federation. Under such circumstances, it was not difficult for corrupt law enforcement officials to persuade him to cooperate, Kaimanov A.V. was ready to slander anyone at the behest of employees, just to get the promised indulgences.
18. In addition, in the course of the investigation of the case, lawyer A.V. Kaimanova was questioned. - Khabibullin R.R., who from the category of the main suspects in the embezzlement of funds of Kisher LLC strangely moved into the category of witnesses, and the criminal case initiated specifically against Khabibullin R.R. on the grounds of a crime under Article 159 Part 3 of the Criminal Code of the Russian Federation was terminated. This became possible only in exchange for a slander against me by Khabibullin R.R. and for giving them the "necessary" false testimony. From the testimony of the same Utrobin V.A. it follows that Khabibullin R.R. took active steps to steal funds from Kisher LLC, repeatedly came to Utrobin V.A. in a special detention center during the period of serving the last administrative punishment, threatened, demanded to “rewrite” LLC “Kisher” for others controlled by Khabibullin R.R. persons.
Subsequently, Khabibullin R.R., acting on behalf of Kisher LLC, participating in the meeting of the Arbitration Court of the Republic of Tatarstan on December 27, 2017, stated that when he visited Utrobin V.A. in the special detention center of the Ministry of Internal Affairs, he personally signed documents for the change of leadership of Kisher LLC (these explanations were recorded by the audio record of the court session in case No. A65-33553 / 2017). However, later in the court it was reliably established that the indicated testimony of Khabibullin R.R. false.
19. Further, it is even more interesting that similar testimony, again at the request of Kaimanov A.V., was given by Dosmamedov I.E., who is unfamiliar to me, who is a family friend and business partner of Kaimanov A.V. one chain and they appeared only after the active actions of Kaimanov A.V. on "cooperation" with the investigation and special services. False testimony Dosmamedova I.E. like Khabibullina R.R., the investigation needed only to reinforce the slanderous testimony of A.V. Kaimanov himself. regarding me.
At the time of giving his testimony against me, Dosmamedov I.E. and his business partner Popov A. were under investigation, and a criminal case was initiated against them by the Investigative Committee of the Investigative Committee of the Russian Federation for the Republic of Tatarstan because of fraud committed by them with lands in the Tukaevsky district of the Republic of Tatarstan. Further, the criminal case against Dosmamedov I.E. and Popov A. was also strangely terminated. I have every reason to believe that Dosmamedov I.E. and Popov A. escaped criminal liability only in exchange for giving slanderous evidence against me.
20. All of the above once again testifies to the fabrication of the criminal case, to the personal interest in slandering me of corrupt law enforcement officers - the Investigative Committee, the FSB, as well as the defendants themselves, who are trying to avoid criminal responsibility for the crimes they have committed.
21. On November 4, 2019, by Decree of the President of the Russian Federation V.V. I was appointed to the post of chairman of the Pestrechinsky District Court of the Republic of Tatarstan. Before my appointment, I passed an inspection of all the authorities and special services necessary for the appointment, first at the regional, then at the federal level. At the same time, no information compromising me was found, although law enforcement agencies at that time already knew about the criminal activities of Kaimanov A.V. and his henchmen. It is obvious that if I really were at least to some extent involved in the commission of crimes or even simply appeared in some dubious stories, my appointment to the position of chairman of the court simply would not have taken place.
22. In my many years of professional judicial activity, I have always stood guard over law and order, always made legal, reasonable and fair decisions, always tried to defend the interests of citizens and showed independence in the administration of legal proceedings. At the same time, I fully admit that, like any judge, I could become unacceptable to persons who committed unlawful acts, to their relatives, friends, I admit that during the period of my activity, I could make enemies or people who dislike me , resentment, anger, envy. In addition, my principled position did not always suit the law enforcement agencies with whom I had to interact in the course of my judicial activities. More than once there were serious contradictions with such bodies and services when considering cases in court. I reported all such facts to my superiors. And of course, in this way, over the years of work, I could have ill-wishers among law enforcement officers and special services.
I come to the conclusion that it is my impeccable judicial activity over many years that has now led to the fact that, in fact, criminals, with the assistance of negligent law enforcement officers, have the opportunity to slander, slander and slander me. This is exactly what all the persons who gave false testimony against me, which formed the basis of the Submission, are like.
23. Currently, with this Submission, based on the false testimony of the criminal and his accomplices, they are trying to accuse me of committing serious crimes. Knowing for certain about the attempts to fabricate a criminal case against me, I, having the status of a judge, could not make public the illegal actions of law enforcement officers, special services and criminals against me. Being the current chairman of the court, cynically and demonstratively, for the purpose of intimidation and pressure, for a long time illegal surveillance was carried out by persons in cars with non-existent numbers (for example, Duster A 896 UV 716, Skoda and others). I could not take any measures to counter lawlessness against me, and I repeatedly reported everything that was happening to my leadership in the Supreme Court of the Republic of Tajikistan, including about threats against me from the operational officer of the FSB of the Russian Federation for the Republic of Tatarstan Belyaev and his henchmen, about the facts of shadowing me, but there was no reaction and no protective measures were taken against me. In addition, I appealed to the Commissioner for Human Rights under the Office of the President of the Russian Federation, A.S.
24. Thus, due to the circumstances, having the immunity status of a judge, which I am endowed with by virtue of law and which is designed to protect me from possible “arbitrariness” on the part of the investigating authorities and the FSB authorities in the Republic of Tatarstan, I was deprived of the opportunity to defend myself in a timely manner, not could still in the process of investigating the facts committed by A.The. crimes, state my position and thereby stop the flow of lies and slander against me. And in the end, the criminals, who wanted to avoid criminal liability, freely and unfoundedly accused me, receiving in response pre-trial agreements, changes in the measure of restraint, termination of criminal prosecution and other benefits, including ignoring by law enforcement agencies of the facts, which have an openly criminal nature of activity with LLC "Kisher" and the facts of the criminal activity of the most imaginary "victim" Utrobin V.A.
At the moment, I know for certain that Kaimanov A.V. after changing the measure of restraint against him to house arrest, he returned all the stolen funds to V.A. I am sure that in this way, the interested corrupt law enforcement officers, using V.A. declaring me an alleged criminal, they are trying to take possession of my property and the property of my family.
25. And in this regard, I have a completely reasonable question, if the investigating authorities were aware of the alleged facts about my involvement in the commission of crimes during the investigation of the case, then why, immediately after this was allegedly established, the Investigative Committee did not apply for giving consent to initiate a criminal case against me, why did such a submission arise only now, when the investigation of the case is over, when the main person involved in the case has concluded a pre-trial agreement, when the measure of restraint has been changed and he is at large, and when the case has already been considered in court?
26. In accordance with Art. 9 of the Law of June 26, 1992 No. 3132-1 “On the Status of Judges in the Russian Federation”, the immunity of a judge is one of the guarantees of his independence in the administration of justice. I understand that at present, after many years of conscientious and honest service, when I am already a retired judge and the observance of the guarantees of the independence of a judge in the administration of justice is no longer relevant to me, it has become possible to write such a Submission. But I am sure that all the arguments I have presented will give a clear understanding of my non-involvement in the crimes committed, of the far-fetchedness, absurdity, groundlessness and illegality of all the arguments set forth in the Submission, which are objectively not supported by anything (audio, video recording, and even more red-handed).
27. I, a retired judge, candidate of legal sciences, honored lawyer of the Republic of Tatarstan, senior lecturer at Kazan Federal University, have to ask for protection and support from colleagues from the arbitrariness of individual employees of the investigating authorities and the FSB in the Republic of Tatarstan, to ask not only for me personally, but also in order to prevent further such facts of fabricating criminal cases against objectionable judges using perjury, bribery, indulgence in the course of investigations against criminals and other illegal methods of influence. Indeed, this Submission creates a dangerous precedent when a criminal case has not been initiated against a person, he has not been interrogated, has not given any explanations and explanations on the case, and his imaginary guilt has already been proven by perjured testimonies of criminals and a court verdict that has entered into force, which makes these false testimonies already ostensibly believed to be true. Thus, it turns out that if the Submission is satisfied, there is simply no single legal chance to defend oneself and justify oneself. All this is very reminiscent of the methods of the NKVD of the USSR in relation to objectionable persons in 1937.
28. Having worked as a judge in criminal cases for 17 years, I could never even imagine that it is so easy to fabricate a criminal case against a judge and break people's lives so easily, it turns out to be easy when the interests of corruptly directed unscrupulous people who are personally interested in the outcome of the case coincide employees and criminals.
29. A submission based on false and unfounded testimonies by criminals who are promised and actually granted relief in the course of the investigation of the case in return for such testimonies is unlawful, unfounded and cannot be satisfied.
Based stated,
I BEG:
In granting consent to initiate a criminal case against me, a retired judge - the former chairman of the Pestrechinsky District Court of the Republic of Tatarstan Nabiev I.G. on the proposal of the Chairman of the Investigative Committee of the Russian Federation A.I. Bastrykin to refuse.
Timofey Grishin
To be continued
Source: www.rucriminal.info
