Text version
0:07

Please be seated.

0:20

The court session is hereby declared open.

0:21

The hearing of the criminal case continues

0:22

in relation to Navalny and Ofitserov.

0:24

At the previous court session, we concluded

0:27

with the reading of the inspection report.

0:33

At the present court session, upon

0:35

the motion of the prosecution,

0:38

the court may examine, may examine

0:39

physical evidence,

0:40

namely audio recordings of intercepted

0:42

telephone conversations. There is a motion.

0:45

Is it correct to understand that after

0:48

examining the report that was reviewed,

0:50

we will proceed to the physical

0:52

evidence, that is, the optical discs

0:54

that are directly

0:55

being examined by the court in order to compare

0:57

the identity of what is set out in

0:59

the report with what is contained

1:01

on the said discs. Do you support this?

1:03

>> Yes, yes.

1:04

>> Does the defense have any position on this

1:06

motion?

1:09

>> Your Honor, we did not hear.

1:12

>> The defense's position regarding

1:13

the examination of the physical

1:14

evidence, namely the optical discs

1:16

containing the intercepted audio recordings.

1:18

>> Let's examine them.

1:20

>> Your position?

1:20

>> Yes, I have no objection.

1:21

>> The defendant?

1:22

>> Your...

1:23

>> Counsel Mikhailov's position?

1:24

>> No objection.

1:25

>> No objection.

1:25

>> I see that defense counsel Kobzev is absent.

1:28

Can we continue hearing the case in his

1:29

absence?

1:30

>> Yes, that is possible.

1:32

>> Defense counsel Davydova, your position?

1:35

>> Yes. That is possible, Your...

1:36

>> Prosecutor, your position?

1:39

>> The court rules to continue hearing

1:40

the criminal case in the absence of defense counsel

1:43

>> Kobzev.

1:44

>> Exhibit 218.

1:47

>> The box containing

1:49

physical evidence is now being opened,

1:50

which was submitted to the court together with

1:51

the materials of the criminal case.

2:26

Now, an envelope bearing the inscription

2:30

"criminal case, package number three,"

2:32

an optical disc, white on the front side.

2:34

Optical disc CD-R,

2:36

serial number indicated, containing

2:39

the original results of the operational

2:41

measure involving the interception of telephone

2:43

conversations.

2:50

The integrity of the packaging has not

2:52

been compromised; all seals are present.

2:57

Now...

3:03

now

3:10

I will open it now.

3:17

From

3:24

this envelope, there is removed

3:29

another envelope.

3:40

This envelope bears the seal

3:42

of the Main Investigative Directorate.

3:44

It says: results of the... criminal case

3:47

two compact discs, CDs with audio recordings

3:49

of telephone conversations, received

3:50

from officers of the FSB for Kirov Region (Russia's Federal Security Service) during

3:52

the course of operational-search measures with respect to

3:54

Navalny and Ofitserov; the signatures of the attesting witnesses

3:56

and investigators are present. Two discs have been removed.

4:00

It is indicated: declassified by order

4:03

No. 3/2532

4:05

dated July 17, 2012; registration

4:09

number indicated: on one disc, 309S

4:13

and on the second, 267S.

4:25

At any rate...

4:41

I wanted to clarify: are we now going to listen to

4:42

what the prosecution read out yesterday?

4:44

Yes.

4:45

>> Yes. In that connection, I simply wanted

4:47

to give an explanation to the court, exercising my

4:48

right to testify at any moment,

4:50

that, in order for the court to understand

4:53

the context of the discussion, it is possible that on

4:55

these recordings, if they really are my

4:57

phonograms from what the prosecution read out yesterday,

4:59

the events on these recordings take place

5:02

in July,

5:04

>> September

5:06

>> September 2009. And what is being discussed is precisely

5:09

>> an обсуждение of

5:13

that very fabricated

5:15

audit report about which we

5:17

have repeatedly

5:19

heard witness testimony. And from

5:22

these recordings it may in fact follow

5:24

that I was requesting information from Ofitserov

5:26

in order to

5:29

prepare the report that I was preparing for

5:32

Governor Belykh regarding

5:33

the audit report. Just so that

5:34

this is clear in the context of these

5:36

discussions.

5:45

Yes, perhaps that's all.

6:02

...so that the secretary can be seen.

6:10

Hello.

6:11

>> Hello. Hi. Can you talk? I can.

6:14

>> How are things there? We have something interesting here. Just

6:16

some guy called just now, literally 15

6:19

minutes ago, said he was from the Interior Ministry in the Volga Federal District.

6:21

We're conducting a check... I want to

6:23

speak with you.

6:24

>> ...

6:25

>> That's exactly why I'm calling.

6:28

He also called

6:29

>> probably about 40 minutes ago.

6:31

>> Uh-huh.

6:31

>> Andrei explained it.

6:33

>> I see. Why did he call you? As for me,

6:34

that's clear. I was his client, after all.

6:38

>> All right then. Are you in Moscow right now?

6:41

>> Yes, in Moscow.

6:42

>> I'm going to Moscow today. Let's

6:44

meet up somewhere. I don't know, maybe

6:46

around the Kiyevsky area. I'm heading back by

6:47

plane.

6:49

>> Okay, let's do tomorrow then. When will you be back?

6:51

Tomorrow.

6:52

>> I'm flying back tomorrow already.

6:53

>> Uh-huh.

6:54

>> Let me call you tomorrow from Moscow,

6:55

and we'll arrange it. Oh,

6:56

>> yes. Look, the way we agreed

6:58

at the meeting, I said that right now

7:00

it's not me showing interest in the company, but my

7:03

brother. And that you can talk to him

7:06

instead. So I gave them the phone number and

7:09

explained it; I called and said that

7:11

I was telling the truth, just as it is. Uh-huh. That's it,

7:16

yes, on my end. Okay, bye.

7:18

>> Okay.

7:20

>> Your Honor,

7:21

>> if possible, could you please just state

7:23

which folders these are located in. That is,

7:25

the folder names, so it's clear

7:26

>> and the file name itself.

7:30

>> As I understand it, the playback now

7:31

started from the end of what you were reading out.

7:33

So the analogous

7:41

recording will now be played. 77 1530.

7:50

Is that disc still there?

7:52

>> Yes, there's another one. Playing

7:54

the next one. 7 F DF 603.

8:05

Hello,

8:07

what did you want?

8:07

>> I'll stop by now.

8:09

>> No, no, I'm not there.

8:11

>> You're not there? No, it's just that someone just came to see me

8:13

a representative of the Ministry of Internal Affairs from the

8:15

Volga Federal District.

8:16

>> Uh-huh.

8:17

>> About Kirovles.

8:19

>> Uh-huh.

8:20

>> So, he—they're conducting some kind of

8:21

inspection. Uh, Kirovles management is saying

8:24

that I interfered in the company's work,

8:27

forced counterparties on them, and

8:30

so on. Let me come by in half an hour,

8:32

I'll come see you myself. And you know what else

8:36

is going on here? I just got a vaccination downstairs

8:37

down there. They're looking for you now too, to get you vaccinated

8:39

as well.

8:41

>> Ah, oh, I'll come by now, yes, I wanted to get the vaccination

8:42

done.

8:42

>> Go ahead. All right. And I'll come to you in half an hour

8:44

I'm just stepping out for half an hour, and in half an hour

8:46

I'll be with you.

8:47

>> Okay, okay.

8:48

>> Uh-huh.

8:49

Right, that's all, there isn't anything else on this disc

8:53

anymore.

9:06

Anton, try to reach the young lady

9:08

who is turning them on.

9:16

All right,

9:17

all right.

9:19

A little more. Okay, stop.

9:23

All right.

9:30

>> The disc was played.

9:33

It says here: declassified by

9:35

order no. 3/2532

9:39

below

9:43

19—either that or something else; it's not very legible.

9:47

0712,

9:48

registration no. 309S, the date given is

9:52

08.06

9:54

2010. Next disc. It says on it

9:59

declassified by order no. 3/2532

10:03

dated, well, it looks more like the nineteenth. 0712

10:08

no. 267

10:14

letters O, E, B.

10:46

Which

10:48

disc?

10:49

Not the disc, the audio file now is hard to

11:30

4

11:59

What?

12:08

Open it.

12:11

>> No, not that one right now. This one.

13:18

The disc contains folders

13:21

the first one is 01.10.2009.

13:25

It contains one file, 5D89

13:30

503.

13:32

>> Let's do it this way: a folder dated 050829

13:39

>> Yes. And

13:46

>> there are three files here: 6 D F 3002.

13:54

One moment.

14:18

Hello. Hello. Petya.

14:20

>> Yes. Hello. Hello. Listen, he left. Did they give you, did they give you

14:23

a copy?

14:23

>> No, they took mine there. Yesterday I

14:26

made a copy. I'll finish it now and bring it over.

14:28

>> All right, then take the materials. Tonight

14:30

we'll talk by phone, and tomorrow first thing in the morning

14:32

we'll get started and do it together. That's

14:35

>> Okay, sure.

14:36

>> All right then.

14:40

>> The girl is here now.

14:50

Next file: 8S7F

14:53

3003.

14:57

>> Hello,

14:58

are you there?

14:59

>> Yes, go ahead.

15:02

I, well, I need to vent right now.

15:04

>> Wait a second, sorry, one second,

15:05

one second. Hello.

15:06

>> Uh-huh.

15:06

>> Yes, yes,

15:08

>> I'll come in now.

15:09

>> Okay. Go on.

15:11

What is this I'm reading? It's quite something, of course, but

15:13

still

15:14

>> there they're taking prices from June, for example,

15:16

and early July, and comparing them with today's. There,

15:19

of course, you get a difference.

15:21

>> Well, when you write it up, just

15:23

don't repeat their mistake right away. You

15:25

should state clearly where you got those prices from.

15:28

>> Well, I'm doing market monitoring. Yes, listen, and

15:32

there's also this issue right now again

15:35

Groups are quietly calling up clients.

15:40

Somehow.

15:42

>> We need to wrap this up.

15:44

>> So, there are several options, I can...

15:45

just call them and curse them out.

15:49

>> No, you don't need to do that. Why would you

15:51

need to do that? You should just kind of

15:52

forbid your people from having any contact with them at all.

15:54

Talking to them.

15:55

>> Hello,

15:56

>> Hello, can you hear me?

15:59

Hello.

16:09

And the next one is here in folder 9232,

16:15

letter A, 003.

16:27

>> Yes. Great.

16:28

>> Hello, Petya, we got cut off there. I

16:30

just want to tell you, there's no need to

16:31

call anyone there and start yelling obscenities and

16:33

so on. You should just, well,

16:35

reduce contact with them, completely forbid

16:37

anyone from talking to them, all of them. Well,

16:39

it's obvious they're going to keep doing this now.

16:40

I mean, they have to

16:41

show that they need some kind of sales outlet.

16:44

>> That's why they'll keep doing it, but you

16:46

shouldn't fall for the provocation. I didn't call

16:48

for no reason, I wasn't just calling

16:51

to chat it through, because somehow

16:52

it seems to me that right now they're kind of

16:55

their task is basically to

16:56

provoke you into something, you know,

16:58

so that you go after them and so on, but

17:00

you can just ignore them, that's all.

17:02

>> Got it. Did you read it,

17:05

>> Read what?

17:06

>> Did you read that release?

17:08

>> Of course I did.

17:09

>> Damn, it's a joke, basically, it's not even,

17:12

well, not any kind of proper assessment at all. They just

17:14

sat there and talked with that... with Georgievna,

17:17

well, with Larisa Gennadyevna and

17:19

with Soplev, talked, and wrote it down.

17:20

>> What are we even talking about? You just

17:23

take it head-on. What we need is to

17:25

use every opportunity we have to go point by point,

17:27

refuting everything, presenting everything

17:29

backed by documents. We need to

17:31

cover the whole report if you want, or by sec— no, you

17:33

take your own section, okay? Your own

17:35

part, and any other part where, if you

17:36

see that you have something

17:38

to write, then write it. Everything else

17:39

I'll handle.

17:41

>> Right, understood.

17:42

Alright then, of course I'll put something together.

17:44

I can, of course, make copies

17:46

of the waybills, but why the hell would we need that? It's...

17:48

>> No, well, you could make an extract from,

17:50

I don't know, maybe the balance sheet or

17:51

a bank statement, or something

17:53

like that.

17:55

>> Alright, alright.

17:56

>> Yeah. All okay.

17:58

>> Bye.

18:03

>> That's all the files in this folder.

18:07

Now...

18:09

A specific date, and if it's there,

18:11

August 6, 2009,

18:13

>> Right? There are two, uh, two recordings here. D7528t

18:20

3 203.

18:30

>> Yes.

18:31

>> Listen, does Oplevskaya's daughter no longer work for you?

18:32

Not anymore?

18:34

>> Well, no, I decided not to continue the contract.

18:36

Oh, so you didn't renew her contract?

18:38

And when did she officially leave?

18:39

When was she officially terminated?

18:41

>> Well, I don't remember, I think it was somewhere around

18:44

mid-June, if not the beginning of July. Why?

18:46

>> Well, she was officially on the books with you,

18:48

getting a salary with taxes withheld, all

18:49

properly documented, under contract, right, all the

18:51

formalities in order, right?

18:53

>> Uh-huh. Alright, okay. That's it, bye.

18:54

>> Hey, want me to tell you a couple of things about

18:56

the way the forestry department is organized

18:58

in Kaluga Region?

19:00

Just a minute.

19:01

>> Which region?

19:02

>> Kaluga.

19:03

>> Go ahead, tell me.

19:04

>> Basically, they had the same kind of mess there, like

19:06

in Kaguba. Smaller scale, but the scheme was

19:08

the same. A new governor came in,

19:10

Artamonov, who basically pulled the region

19:11

out of being subsidy-dependent and got it into decent shape.

19:14

>> Uh-huh, go on.

19:14

>> So, basically, what did they do? They

19:16

completely dismantled all that crap.

19:18

>> Right.

19:19

>> Now there's a structure that

19:20

handles forestry work there, well, clearing

19:23

the forest, in other words, forest management operations.

19:25

>> Right,

19:25

>> and two different bodies deal with fires.

19:29

The first is EMERCOM (Russia's Ministry of Emergency Situations).

19:31

>> Uh-huh. And the second one, basically, all

19:33

agricultural producers,

19:35

are required, basically, to carry out

19:37

fire-prevention work in the fields, well, basically,

19:38

fire-prevention measures where fields

19:40

meet the forest. And also...

19:42

>> Wait, so who pays EMERCOM?

19:45

>> The federal budget.

19:47

>> Alright, for fires. For fires,

19:49

the federal budget pays. And that forestry

19:51

enterprise, who pays them?

19:54

>> The forestry enterprise is also paid by the budget

19:55

for allotments and for forest clearing.

19:58

>> No, but you see, our problem is that

19:59

we can't...

20:02

damn it, not at the outset.

20:03

>> So, basically, as for what they consider there

20:05

fire-prevention activity,

20:07

that's covered by a federal law that

20:08

requires all agricultural producers

20:10

to plow firebreaks around their fields, to make so-called

20:12

mineral strips, that is, 5...

20:15

m from the forest toward the field. So,

20:18

basically, here’s the thing next: then they

20:21

created a second entity that

20:22

deals in, uh, timber speculation, that is,

20:25

I mean, roughly speaking, the forest, all the

20:27

timber, through something like the forestry department

20:29

apparently. Basically, every

20:32

year in every district they organize

20:33

auctions, and

20:36

they sell timber at an unrealistically high

20:38

price, 600 rubles. But the money goes into the budget.

20:41

>> Well,

20:41

>> At the same time, the auction works like this. They

20:44

lease you exactly that amount of timber.

20:47

>> Uh-huh. Uh-huh. To work,

20:49

>> because this

20:52

regional organization is the one doing the speculation, and the money goes straight

20:54

into the budget.

20:55

>> No, well, in our case speculation is also handled by

20:57

regional organizations, and the money goes into the

20:58

budget.

20:58

>> And where does the money go?

20:59

>> No, I mean, the money does go somewhere. It’s assumed

21:01

that it goes into the budget, but we have exactly

21:03

the same setup. The speculation is handled by

21:04

a regional organization; there are probably

21:06

about 40 people there dealing with these

21:07

speculative operations, you know, kind of

21:09

a small organization, whereas here

21:11

3,000 people live off it, you know?

21:13

>> That’s the difference. So the scheme

21:15

is the one that, I don’t remember, we

21:18

talked about—I’ve just started

21:19

asking around. It turns out the same crap

21:21

exists there too. A small organization that

21:23

handles forestry operations

21:25

>> and is funded from the budget. And the second one,

21:27

which separately deals not with

21:29

processing, but only with this

21:32

>> sales speculation, yes. They basically sell off the entire

21:34

volume, damn it.

21:36

>> And so what you get is this kind of mess,

21:39

it earns money and then pisses it away,

21:41

you know? They don’t invest, nothing,

21:43

happens, the money is just

21:44

burned through.

21:46

>> Uh-huh.

21:48

Right, got it. Listen, can you

21:50

put this together somehow so that,

21:53

there’s something to read about what happened or whatever? Well,

21:55

systematize it, ask someone to do it.

21:56

>> Well, I’d need to, sort of, do that after

21:59

because right now it’s just word of mouth over the phone

22:00

for three weeks.

22:02

>> Uh-huh.

22:02

>> I probably need to go there and talk to

22:04

someone.

22:05

>> All right,

22:06

>> all right. Okay. Maybe in a couple of weeks

22:08

we’ll do it.

22:09

>> All right, I’ll call you back later then. Okay,

22:11

I’ll wait. Uh-huh.

22:18

>> And the next file, in lowercase letters,

22:22

64702.

22:33

>> Hello,

22:34

>> Hello. Hey, who called?

22:36

>> Did I wake you up? No, I’m calling you

22:37

just to say briefly that that’s it, I

22:39

showed everything to Seryoga (diminutive of Sergei) there, explained

22:41

everything. He was a bit, of course,

22:44

saying that SRB there, the whole

22:46

turnover is 11 million.

22:51

>> Listen, I wanted to ask you,

22:52

how do they, the auditors, know everything about

22:54

your counterparties, like supply prices and

22:57

so on? Because when you place

23:00

well, no—first of all, they don’t know all the prices, right,

23:03

and second, when you make this

23:06

order, you specify the consignee,

23:10

>> meaning your clients will get picked up from you.

23:13

>> But those clients they’ll pick up there,

23:15

don’t they care about losing them?

23:17

>> So, some of the clients

23:20

there—basically all the clients are

23:22

Russian, and right now I want

23:23

to move away from the Russian market. So

23:25

the only clients of interest there

23:27

are for match logs. But with match logs there,

23:31

basically, they accept any quantity.

23:33

So you can supply this way or that way, and

23:35

it can be supplied in different ways.

23:37

>> Uh-huh. I got it. All right then. So there

23:40

everything is fine with Cherchkov. So we didn’t

23:42

convince them there; by Monday it was already bad.

23:45

>> Right. And, basically, over there, well, already

23:49

some weird stuff has already started at

23:52

KAGUP. I brought him this, and they’ve already started

23:54

placing bets there on when UKA will go under.

23:57

The latest bet is September.

24:01

So, well, I kind of,

24:04

>> found that amusing too, in a nice way, you know, and they’ve already started

24:07

poaching my managers,

24:10

basically saying, come on, come work for us.

24:12

Damn,

24:15

>> we’re, like, doing our own sales business now

24:17

there. Well, naturally,

24:19

come over with your clients and so on.

24:21

>> Right, I see. Such nice, nice

24:24

guys.

24:26

Right now I think it doesn’t look like it has

24:28

long left to live, at least not in this

24:30

form.

24:31

>> Yeah, by the way, look, did you notice

24:33

that, when you were talking about

24:36

transportation costs

24:38

>> no, on transportation costs there

24:40

will be something separate. I’ll write a separate memo

24:42

on that.

24:43

>> Right, got it. Okay then, let’s do it tomorrow

24:45

if there’s time and everything works out with this.

24:49

All right, take it easy.

24:54

Next folder

24:56

10829.

25:01

One file, SS 75202.

25:17

>> Yes. Onam’s boss.

25:19

>> Hello. P. Hey.

25:21

No, no.

25:23

>> So, well, I explained everything, everything

25:24

It’s fine. Tomorrow there’ll be some kind of

25:26

official meeting there, and they’re inviting those

25:28

auditors,

25:30

they’re calling in Arzamas and everyone else. Tomorrow

25:33

it’ll be sometime around half past

25:36

around 6:30.

25:37

>> So, in the evening then.

25:39

>> Uh-huh.

25:41

>> All right then. Things there are

25:43

generally going нормально.

25:45

>> So overall everything’s fine, right?

25:48

>> So is dinner canceled or not?

25:51

For tomorrow.

25:53

Well, I can’t say yet. Did you

25:55

have some plans for tomorrow?

25:57

>> No, no, no. I’m completely

25:58

free until Friday.

25:59

>> It really, really shouldn’t be canceled,

26:02

>> it really shouldn’t be canceled at all, so

26:06

that’s that. All right then.

26:07

>> All right, let’s talk again tomorrow. Bye.

26:09

>> Yeah, okay. I’ll swing by... Uh-huh.

26:12

>> All right, bye for now.

26:17

>> There are no more files here. The next folder

26:19

is next.

26:21

11.08.2009.

26:26

Two files. A B 90 978EE002.

26:50

Yes. Hello. Hey. Hi. Can you

26:52

talk? Yes, absolutely. So right now we’re

26:55

there, dealing with those guys in the area.

26:59

Well, of course, Arzamas

27:00

was resisting. They dragged in this nonsense.

27:03

That’s Larisa Gennadyevna.

27:04

>> Uh-huh.

27:05

>> And that auditor, that damn stupid woman,

27:07

damn it.

27:09

So basically, specifically there,

27:13

the only thing is they scheduled for Friday

27:15

an additional meeting, because

27:16

it’s a matter of principle there, and Ardamas is digging in

27:19

and doesn’t want to. He says, “I’ll make

27:20

an official apology to VLK,”

27:22

>> “if that’s what it takes.” But I think they

27:25

there are talking about reduced prices. I mean, I’ve got

27:26

three questions there.

27:28

Question number one. They claim that out of

27:31

two contracts, supposedly 16 contracts

27:34

were the ones VLK took from Kirflis,

27:37

that were there like that.

27:39

Yes. And here we need to make

27:41

a breakdown of the contracts by quantity and by

27:44

amounts, who brought in whom, and so on.

27:47

>> Uh-huh.

27:49

>> The second question is the main one, right? That is,

27:50

the key issue there was that

27:52

Arzamas—the market price, right? I mean,

27:54

how exactly was the market price calculated?

27:56

They’re all trying to prove that, well,

27:58

they were supposedly forced to ship at

28:01

a non-market price, much

28:03

lower than market prices. I mean,

28:06

they brought in some price lists from some

28:08

dubious companies, and accordingly I immediately

28:11

caught them out: in those price lists they

28:12

were taking the maximum price.

28:14

Well, here we need to clearly

28:17

and convincingly show where

28:19

the prices came from.

28:20

>> Uh-huh.

28:21

>> Yes. And show that

28:23

everything there really was at market prices.

28:25

And third, this whole issue with

28:28

deliveries, right—the delivery cost calculation. Well,

28:31

they’re saying that

28:33

when they started being pressed on it,

28:34

why they were listing 875

28:37

rubles, if the market price was 250 rubles,

28:40

they started with this whole thing about

28:43

delivery, plus loading,

28:46

some kind of packaging,

28:48

something like that. So

28:51

we need to clearly

28:52

prepare a calculation showing what exactly

28:54

was included and how it all adds up. So, well,

28:58

in short, понятно. Basically,

29:00

nobody wants to make a decision, because

29:02

well, it’s obvious to anyone that they’re

29:04

starting to squirm. What price lists from what

29:07

companies, right? I mean, the market price

29:09

is formed based on agreements; for

29:12

this product there are no list prices. It’s

29:14

a commodity-traded product; it changes

29:17

every day. So there simply cannot be any

29:19

price lists in principle.

29:21

Accordingly,

29:22

all these arguments about price are empty and meaningless

29:26

and have no basis, because I show them

29:27

the monitoring data, I put together a chart,

29:29

because I had the price checked every week,

29:31

but they’ll say, “Well, we have

29:34

a price list,” and print out some crap

29:37

and say they were told that

29:40

this way they can prove

29:41

that at the same time, from the same

29:44

source, they shipped the same semi-finished material to someone

29:45

at a higher price,

29:47

right, that they sold it to someone else for more, like, well,

29:49

plus they’re also claiming that you more or less

29:51

threatened them with dismissal and so on,

29:53

and that, supposedly, if they didn’t

29:56

go along with that price, you’d fire everyone.”

29:59

>> That’s complete nonsense.

30:01

>> Total nonsense. Anyway, basically they were all

30:03

already there, all of them—Larisa

30:05

Gennadyevna was sitting there crying. Opolev

30:07

also just went off to Chechnya, damn it, with

30:10

that idiot.

30:11

>> So we just need to

30:13

>> To Chechnya, to Chechnya—supposedly he’s negotiating

30:15

about supplies of Kirov timber in Chechnya

30:18

or something. Opolev left.

30:20

Yes, yes, then we just need to

30:22

hold another meeting with Belykh on Friday

30:23

where we’ll put the final

30:26

full stop on it and sort them all out.

30:29

Actually, the problem is that

30:31

if I’d known what they were going to bring in, I would have

30:33

called you in, because

30:35

Well, over there, the mood kind of started going that way...

30:37

So, they do ship there. Well, and they...

30:40

Come by tomorrow, and I’ll tell you everything.

30:41

It was interesting. Well, damn, I get it,

30:45

in short. I mean, look, regarding

30:47

the clients, I mean there are

30:50

clients who, who really are, and those...

30:53

the contracts I mentioned were Krasny Yakor, ("Red Anchor")

30:55

Domostroitel, KMDK, and Volga and Volga.

30:59

>> Right, exactly, that’s it.

31:01

>> Well, yeah, we just need five, five, five

31:03

five clients, that’s all.

31:05

>> No, well, you see, they... and I don’t really

31:07

know. She’s telling me something like

31:09

out of the sixteen contracts, two are

31:12

our old ones. So, accordingly, she says,

31:13

that’s a lie — I have different data.

31:15

We just need to transfer them over

31:17

and break it all down into tables, that’s all.

31:20

>> Uh-huh.

31:21

>> Anyway, right now there’s kind of something going on there

31:23

and we need to understand this process, what’s happening there

31:24

whether we’re going to fire everyone — that’s kind of a separate

31:27

question, whether to get involved in it or not

31:29

that’s already a separate

31:31

issue for a separate discussion.

31:33

>> Uh-huh. Alright then. From me...

31:36

>> What, what?

31:37

>> What do you need from me?

31:39

>> Just something concrete and real. As for

31:42

pricing, I’ve already provided the market review. Another

31:43

document I won’t be able to provide. Anyway,

31:46

come by tomorrow, tomorrow, and for now

31:48

we’ll talk it through, come to an agreement,

31:51

about what exactly is needed. But for today, that’s it,

31:53

well, right now at least, we need to

31:54

basically finish them off there once and for all

31:56

just so there’s no turning back.

31:58

>> Got it. Alright. So, when should I

32:01

come over?

32:03

>> Yeah, tomorrow. Yes, come in the morning.

32:05

Let’s just call and aim for

32:07

the first half of the day. Okay.

32:08

>> Alright, good.

32:10

>> Alright then. Bye for now.

32:15

Next, the next file 75

32:20

102.

32:31

>> Hello,

32:31

>> Hello. Listen, did you know he went to

32:34

Chechnya?

32:36

>> Those are Votinov’s contacts. Yeah, yeah, I

32:41

know. Yeah, he went. Right. So, look, they

32:43

can’t provide placement for

32:46

clients who come here.

32:47

They nearly screwed things up completely because of that.

32:49

No, well, it’s clear that he made

32:50

some contacts in Chechnya, and Okulev, he

32:52

you know, is kind of scared, like

32:54

he’s looking for a new roof for himself (i.e. protection/backing). So

32:56

that’s why he went, but obviously they can’t

32:58

ship anything there because

32:59

because there...

33:01

>> Well, they can ship there, but they

33:03

won’t get the money then. And especially if

33:05

they can ship in Kirov, you know,

33:07

today the whole thing was just stupid. They

33:09

started talking about these

33:11

deliveries, about having a centralized warehouse

33:13

and I said, what the hell, how many

33:16

companies does he have — just two, VK only or what?

33:20

No, there were more. I said, why did VMK require

33:23

a centralized warehouse? She said, well, they

33:25

only set the volume. I said, well then

33:28

that means with any company that

33:30

sets a volume for you, you’d be

33:32

forced to haul everything from all over the place

33:34

like that.

33:36

She said yes. I said, so that means you wouldn’t fulfill

33:38

this order for a single large client

33:40

properly. Well yes, we would have looked at it,

33:42

we would have quoted a different price then.

33:43

I said, "What kind of price?

33:45

Above market price, or what, by 1,000 rubles?"

33:48

Alright, I get it. Listen. So because of that,

33:51

anyway, fine, I’ll come with the contracts,

33:53

the ones that... Alright then, anyway. No,

33:57

don’t bring anything tomorrow. Tomorrow

33:58

there’s no need to bring anything. Just

34:00

come over, and we’ll go through it and take a look.

34:09

Next folder: 120829

34:14

1 file 84

34:17

SE

34:19

203.

34:25

>> Hello,

34:26

>> Hello, hey. Can you talk?

34:27

>> Hi. Yes, I can.

34:29

>> So, look, here’s what I’ve got:

34:31

basically. Uh, in principle, uh,

34:34

here’s the thing. I mean, if, uh, I

34:38

draft a letter, right, under the

34:41

contract regarding penalties,

34:43

>> then I’d have to include — you know, I just

34:45

actually calculated it, and I was shocked myself.

34:47

>> Uh-huh.

34:47

>> Anyway, if I send it over — I’m just finishing it now —

34:49

the difference comes out to 20 million rubles.

34:53

>> A 20 million difference in what?

34:56

>> Well, between

34:58

my order.

34:59

>> Uh-huh. And that’s versus the shipment.

35:04

>> Ah, well then you can charge them a penalty

35:06

>> of 5% of that.

35:08

>> Yes.

35:09

>> Then write that. Basically, just say in the

35:10

report that, basically, let’s

35:12

settle this now: you’ve put me out by 20 million rubles,

35:14

so why should I now...

35:16

my prices are absolutely market-based

35:17

so what exactly is wrong with my prices?

35:21

>> So, look,

35:22

>> Uh-huh.

35:23

>> Multiply 20 million by 5% and you get 1 million

35:26

rubles. I really don’t need that. So. Well, I’m kind of

35:30

thinking maybe I should send, uh,

35:32

this official letter now, or should I not? Uh-huh.

35:34

Uh-huh.

35:36

>> Send the letter. And as for making them

35:38

compensate for it — that’s a million rubles.

35:40

>> Well, yes, the penalty is in the contract.

35:42

>> Send it, send it, of course.

35:44

>> Well, that's what I think too — I'll send it to them, and then

35:46

we'll take it to court, because

35:48

they're basically

35:50

>> demanding money from me, while not paying up themselves.

35:53

>> Yes, yes, yes.

35:55

Alright then. Okay. Alright. Bye.

35:58

>> Mm-hmm. Bye.

36:04

Next folder: 130829.

36:09

Two files, the first one is 6 D 18803.

36:17

>> Hello,

36:18

>> Hello. Hey. Got a minute?

36:20

>> Yes.

36:21

>> For a comrade-in-arms. Listen, I sent you

36:24

something — take a look.

36:26

>> Mm-hmm.

36:27

>> So, here's the thing. Look, the issue is this. And

36:32

want to hear a joke?

36:33

>> A letter comes in by fax

36:35

>> from the well-known director of a company called

36:38

something like Audit.

36:39

>> What company?

36:40

>> Something like Audit. Audit...

36:43

>> a well-known Cypriot company. So anyway,

36:46

do you know what they want?

36:47

>> Mm-hmm.

36:47

>> They want me to provide registration details

36:50

and invoices for my clients.

36:53

>> Tell them to get lost. Obviously, tell them

36:55

to go

36:58

to hell. Mm-hmm.

37:01

>> They've completely lost it, can you believe it?

37:03

>> And what they specifically want is a portion of

37:06

the clients — the ones that are, so to speak, currently

37:08

absolutely essential.

37:09

>> Like, for a number of orders there, some key contacts,

37:13

for example, they're messing things up because he

37:15

has some kind of arrangement there — he's selling him timber.

37:19

>> Right. And on top of that, some people have already

37:22

called saying, like, please,

37:27

so that they can sell all this crap,

37:29

all of it — that's basically it.

37:31

>> And over this Crimean Dawn thing, they're looking for contacts

37:33

and apparently they're still chasing them down and

37:35

have even sent requests. They're heading

37:38

>> straight to hell. Anyway,

37:40

>> can you imagine, guys, it's just unbelievably brazen

37:41

— totally insane. Yeah, definitely

37:46

like children.

37:50

Alright then.

37:52

>> Alright, then I'll look over the letters.

37:54

>> Yes. Well, anyway, I've kind of been thinking about it,

37:56

about that option.

37:57

>> Mm-hmm.

37:57

>> The more I think about it, the more I like it.

37:59

I spoke to him about it.

38:01

>> Mm-hmm. What did he say?

38:02

>> Well, he was pretty stunned, of course.

38:06

He'll think it over now, and by this evening

38:09

he'll say something — or tomorrow morning, more likely.

38:11

Right. And, as I see it,

38:14

I explained that the choice is this:

38:16

either he agrees, or the thing he's being

38:20

invited to simply won't happen at all.

38:23

>> Mm-hmm. Got it.

38:25

>> Alright then,

38:26

>> okay.

38:28

Alright, agreed.

38:30

>> Alright, for now you keep it there in Panda. You

38:32

don't bring him in anywhere. What? What?

38:34

Say that again.

38:35

>> You're not going to Panda, right?

38:38

>> No, I'm not.

38:40

Alright then, I'll just call you.

38:42

>> Okay, bye.

38:42

>> Alright then.

38:43

>> Bye.

38:48

Moving on to the next file: 852D3.

38:56

>> Yes. Hello, did Petya call? Yes,

38:58

>> yes, he did. Listen, I have a question.

39:02

Do you think you'll manage today

39:03

to discuss what we talked about

39:05

this morning?

39:06

>> Well, I hope so.

39:07

Mm-hmm.

39:09

Well, actually, that was my only

39:11

question.

39:12

>> Well, I hope I'll be able to. We're going

39:14

to those shooting exercises, so I think

39:16

I'll bring it up there.

39:18

Because, well, the thing is, I've been

39:20

walking around thinking about it, and it turns out that

39:22

however you look at it, it's the most convenient option. What? What?

39:25

Say that again.

39:26

>> I'm saying, I've been walking around thinking about it,

39:27

turning it over in different ways, and it turns out to be the most

39:29

convenient one.

39:32

>> Well yes, yes, yes, probably. Well, I

39:35

I hope that today

39:37

we'll talk it through.

39:38

>> Here, I think, we just need

39:39

to talk not only about

39:42

the principle of it, but also about the different

39:43

timeframes for implementing it.

39:47

>> We can't drag this out forever.

39:49

>> Mm-hmm.

39:50

>> Mm-hmm.

39:52

>> Well no, of course there

39:53

we'll also immediately clarify the key issues there

39:55

as well.

39:56

>> Right,

39:58

alright, I'll call you. Okay. Bye for now.

40:07

Next folder: 150829.

40:11

One file: 4B22

40:15

3004.

40:32

Yes. I'm listening.

40:34

>> Petrovich.

40:35

>> Yes,

40:36

>> Pyotr Petrovich called.

40:37

>> Yes, Pyotr Petrovich,

40:38

>> called me last night. I just wasn't

40:40

in range.

40:42

>> Ah, I see, Petrovich. Well, look,

40:44

next week you may be invited

40:47

somewhere, alright? So don't

40:51

be thrown off, and basically, that vision

40:54

you have of the enterprise, just as well

40:56

Talk it through and everything will be fine. Can she

40:58

write it?

41:00

Well, no need to write it down, since for you

41:03

it will all be a surprise. You don’t know any of this,

41:04

after all. Ah, well, Espoleto

41:08

was suspended yesterday, right.

41:10

>> Right.

41:11

>> And who was appointed acting in whose place?

41:13

>> No one yet.

41:15

>> He’s next in line in the hierarchy there, right?

41:19

>> What,

41:19

>> well, there, by rank, by the hierarchy,

41:23

there’s the chief commercial director there

41:24

or maybe a deputy will be the one

41:25

acting for now.

41:28

>> I don’t know. Decided by whoever made the call.

41:29

>> Ah, I see.

41:31

Alright then, you’ve gone home, as I understand it,

41:32

right, Dmitry?

41:34

>> Yes, yes. Yes. Well, I’ll call you, actually,

41:35

so that if anything comes up, you’ll just

41:38

be ready if I call for you, so you’re not surprised.

41:40

>> Right, got it, understood everything.

41:41

>> Mm-hmm.

41:41

>> Alright. Thanks, everyone, Pyotrvich. All the best.

41:43

Take care.

41:44

>> Alright, bye.

41:49

>> Next folder: 1908292

41:53

first file: 6A8F

41:57

602.

42:07

Yes, I’m listening.

42:08

>> Hi. Can you talk?

42:09

>> Yes, I can.

42:11

>> So, did you go see anyone, I don’t know,

42:12

Cherkhov or someone else?

42:14

>> No, I haven’t called anyone yet.

42:16

>> Look, basically, the plan was approved.

42:18

I went over it there with Belkh and Cherchukh.

42:20

That is, basically, there it goes like this:

42:22

first, he is removed from his position; second,

42:23

this Pyotr Petrovich is appointed.

42:26

>> Mm-hmm.

42:27

a working group is created, and there’s

42:29

a tentative lineup: you, me,

42:32

Shcherchkov, Elena Mikhailovna, Belousov from

42:35

the Forestry Department, maybe

42:37

someone else too, and then, accordingly,

42:39

the working group—and specifically you—

42:41

put forward a plan of action for the working

42:43

group: what exactly it will examine there, what

42:45

it will do.

42:46

>> And

42:48

separately, it also needs to be arranged that

42:49

Kirovles order a proper audit at its own

42:52

expense, yes, from some reputable

42:53

firm like Deloitte or a similar company.

42:56

Yes. And accordingly, the working

42:59

group would spend some time dealing with all this

43:01

and then present its

43:02

proposal for reforming the organization and

43:04

so on. So, I mean, you had

43:06

some kind of preliminary work plan,

43:07

after all. The one you, sort of,

43:09

showed to Ilya Mikhailovna—so today

43:11

you were called about that, text Cherchukov and

43:13

go see him today, show him this plan,

43:16

>> yes, and ask whether they’ve signed off on

43:17

the working group yet or not.

43:18

They really should have signed it already; maybe

43:20

they already have. Then just

43:22

go to Kirovles, plain and simple,

43:25

and, I don’t know, kick that

43:27

commercial director out of the office, sit down in

43:28

that office, and say this is the office for

43:30

the working group’s operations.

43:31

>> Say that, basically, right now

43:33

Navalny will be back and we’ll be sitting

43:34

here all day, and we’ll just start with

43:36

them there—well, just working in a

43:39

very intensive mode.

43:41

In short, they need to be pulled out of this.

43:43

>> Sorry, what?

43:44

>> Well, they need to be pulled through, really,

43:45

so they don’t collapse. Yes,

43:46

>> yes, yes, yes. We’ll pull them through. Alright.

43:48

>> Alright, got it. That’s all.

43:51

You’ll come back then.

43:53

>> I’ll come back. Well, I’m planning to, or if I

43:57

need to move Yulia’s car,

43:59

then I’ll come over on the weekend in her car.

44:01

>> Ah, okay. So I’m just staying here

44:03

for the weekend, so

44:05

>> Great. Alright then, then, then

44:08

if anything comes up, call, and with this Pyotr

44:11

Petrovich, be a bit more proactive there. If

44:14

that asshole shows up there, tell him to go

44:16

to hell.

44:17

>> Mm-hmm.

44:19

And if anything happens, call. One more request about that

44:22

little house. I warned Tyshlik,

44:24

yes, he said he’d take care of everything. Well,

44:26

just keep an eye on it there, to make sure they

44:27

got it. It’s just that I didn’t know he would

44:30

be summoned right on Monday. I, I

44:33

told him, but he had no idea about that at all.

44:35

>> So he didn’t even know?

44:37

>> He had absolutely no idea. Well, and when it comes to

44:39

that, didn’t you tell him anything? You didn’t

44:41

call him and say that this guy had been

44:42

removed? No, no, no, I told him everything. He

44:44

was aware of everything except

44:47

the little house.

44:48

No, well, about the little house, sure—but about the fact that there was

44:50

an appointment and everything else,

44:52

>> of course, of course, he knew.

44:54

>> Alright then, great. The little house is just a

44:56

minor detail, but it still needs to be done, since

44:57

it was promised.

44:58

>> Alright, I understand. Yes, of course.

44:59

>> Mm-hmm.

45:00

>> Alright, bye.

45:00

>> Alright then, call if anything comes up. Bye. Yes,

45:02

>> bye. Uh-huh, see you.

45:06

>> Next file: S27B32.

45:15

>> Hello.

45:16

>> Hello. Hi.

45:17

Yeah, Lesh (short for Alexei), hi. Listen, did my

45:19

call get through to you or not?

45:21

>> Your call came through, and then I picked up

45:23

the phone, but I couldn't hear anything.

45:25

>> Ah, strange. That means there was just some kind of

45:29

some weird glitch, I guess. Yeah, yeah, yeah.

45:32

Listen, tell me. Actually, I

45:34

even wanted to ask not just

45:36

about the forest situation, what happened there.

45:39

>> About what?

45:40

>> Well, the forest. The forest, the children, and so on.

45:42

>> Ah, well, nothing really. I mean, I arranged

45:45

for them to include him in the working group.

45:46

Well, basically, that working

45:47

group was created precisely so that he

45:49

could be part of it. And then, well, there

45:52

the second question is whether he'll also want

45:54

or not want him to become his

45:55

advisor.

45:57

>> Mm-hmm.

45:58

>> But today he calls me and says, "So,

45:59

basically, Nikita made some edits, and his

46:02

working group wasn't included, and instead they included

46:04

you." Though it was obvious anyway

46:06

that I was supposed to be included.

46:07

>> Mm-hmm.

46:08

>> He can't be appointed as an advisor or assistant, and they included

46:10

him in New Yorda

46:11

Massova.

46:13

>> Mm-hmm. I said, "Well, I wrote that I am not going to

46:15

take part in this bullshit at all."

46:17

What is this working group even for?

46:19

>> So they can keep making a scandal out of it.

46:21

>> Mm-hmm.

46:22

>> So I wrote to Cherchukov. He was like, "Well,

46:24

>> kind of,

46:26

we'll sort it out."

46:27

>> Sorry, what?

46:28

>> Well, Cherchkov wrote, "We'll probably

46:29

figure it out."

46:30

>> No, it was more like, "Well, okay,

46:32

come on, we'll sort everything out, everyone will

46:34

work normally." And so I,

46:36

accordingly, later on, when

46:37

I started really pressing him on it, he

46:38

said, "Well, it's like talking to a deaf

46:39

person." I wrote one

46:42

text, then two. I said, "Who is going to

46:43

work there?" I mean, I wrote: Who will? I said:

46:45

"First of all, what is this deception about? What is

46:47

this working group for? Who is going to

46:48

work in it?"

46:50

>> Mm-hmm.

46:50

>> And why are they creating it at all? Who is

46:52

going to sit there all day in that

46:54

damn forestry office? He writes to me: "You..." And I write:

46:56

"What the hell is this? Why is there always some petty

46:58

deception going on?" But he did reply to me. Well,

47:01

I also sent him a couple more

47:02

texts.

47:04

And that was it, then he went quiet. Today he still

47:06

hasn't said anything. So I didn't write anymore.

47:09

Well, clearly they're in some kind of dispute there, right,

47:12

>> what, what?

47:13

>> And then those cousins of his came to visit him there,

47:16

they were all sitting around, and I left. I mean, I just

47:19

couldn't take it anymore somehow.

47:22

>> Some cousins, probably.

47:23

>> Well, he has some from St. Petersburg.

47:26

You might know them, maybe,

47:28

>> but I just can't stand gatherings like that. I mean,

47:31

they're nice people, everything is very pleasant, but

47:34

I don't know, maybe it's because I was sober and everyone else

47:36

was drunk, or maybe just because in general

47:38

I just can't

47:40

tell you, I can't explain it to you, but it was

47:42

just some kind of nightmare. She was say-

47:45

ing she was so overloaded. I said, I'm overloaded

47:47

thinking about healthcare.

47:49

And he says, yeah, what's the matter? I say,

47:51

well, you're creating problems for me. But then I thought,

47:53

actually, I really am overloaded.

47:56

I really did go to that meeting,

47:58

and I brought and prepared 10

48:01

documents. Ten.

48:03

>> Mm-hmm.

48:04

>> Ten, based on the requests he had made.

48:07

And yet our meeting lasted about 5

48:09

minutes, because he said, "Yeah, yeah,

48:11

yeah, yeah, yeah, yeah, just leave it, put it down, I'll

48:13

read it." I said, "You're not actually going to

48:14

read it, let me explain it to you." No, no, I

48:16

definitely will read it. The main thing is, he

48:19

asks for requests, and then what you

48:21

prepare in response to those requests, he doesn't read.

48:23

Then later the issue comes up again,

48:26

and he says again, "Let's have someone

48:28

write another request."

48:31

Well, I don't know, I mean, I have some kind of

48:33

problem with this. Apparently I just don't know how

48:36

to work with this governor, or maybe I just

48:39

don't have the ability somehow, I mean,

48:41

apparently some people can somehow

48:43

draw him in,

48:45

get him interested, but I can't. All my

48:47

topics and problems and everything

48:49

we're dealing with just don't move him at all and don't

48:51

interest him in the slightest.

48:54

Yeah,

48:57

yeah. No, but

48:58

the constant lying has really worn me out, damn it.

49:00

And on top of that, Stashkov keeps calling me,

49:03

saying I should deal with the hotel issue.

49:05

>> Just tell him you're not going to deal with it, and

49:06

that's it.

49:06

>> I just don't answer the phone, that's all. Damn, what

49:08

>> Why don't you pick up? Just tell him you're not

49:09

going to handle it, that you don't see

49:11

any point in it for yourself.

49:16

>> No, just tell me, Sasha, Stashkov,

49:18

why exactly should I be dealing with this?

49:19

Please explain that to me.

49:22

And how am I supposed to say that to him? No, why would I

49:24

be dealing with hotels? What exactly am I supposed to do, and

49:25

what am I supposed to be handling there?

49:27

>> Like, negotiate with Lebed so that he

49:29

would provide something there, some

49:31

hotels for them for free or, well,

49:33

basically there's some kind of issue there involving

49:34

those small hotels.

49:36

>> No? And at the start, Alexei, I mean, you were like...

49:38

it's all some kind of absurdity, really. I mean,

49:40

whatever it is you're supposed to be doing,

49:42

once the person has made up their mind,

49:43

it should be clear what they want from you, so that you can be

49:45

told what is expected of you and what you'll get

49:46

for it.

49:48

Put it in writing and have it all properly

49:50

signed off on.

49:53

That's it. Otherwise, what's the point, Alexei,

49:55

for some kid there with...

49:57

to be running little errands for no

49:59

reason at all?

50:02

I mean, it seems to me that he

50:03

has to understand that if he wants something from

50:05

you, then he has to give you something

50:07

in return.

50:08

It's just that, because

50:10

you yourself aren't really holding that line,

50:14

>> No, but you see, I just kind of...

50:15

damn, the way it turns out is, there was supposedly

50:17

an agreement, I mean, there was

50:18

an agreement, everything was fine, like,

50:20

I mean, I had an agreement too.

50:22

He asked me, said: "Will you be there,

50:23

like, can you help with the swans?" I said, "Okay,

50:25

sure, I'll help."

50:27

So I basically promised, right? But

50:29

when he promises something, it apparently doesn't matter, whereas if I

50:31

promise something, I have to do it. Anyway,

50:32

all of this is just unbelievably

50:34

irritating me, really

50:36

constant petty lies.

50:39

>> But why is he like that? I wonder why he did

50:41

that?

50:42

>> I don't know. It seems to me, just... really,

50:44

I honestly don't know, I don't understand.

50:49

I thought maybe there was something there, and then he started telling me

50:51

that too. But we never

50:52

agreed on that. I said, that's the whole

50:55

point of an agreement. I said,

50:56

what, am I supposed to go around writing everything

50:58

down all the time now? Am I really going to have to record

51:00

absolutely everything from now on?

51:02

Well, write it down then, sure, and that's that.

51:06

>> Damn, I mean, I already made arrangements with this Volgo-

51:10

Telecom company,

51:11

>> yeah, that they would install three

51:14

webcams there for free.

51:15

>> Right, and he's already written about that,

51:17

>> yes, and he wrote: "I have an agreement

51:19

and so on." No, I don't even mind,

51:21

please, for God's sake, let them write it. That's

51:22

what the agreement was for. But you see,

51:24

he screwed me over in the morning, damn it, and then in the evening

51:26

he solemnly writes, damn it, fine, let

51:28

someone else go, I don't know, one of his favorite

51:29

people or whatever, and talk about something

51:30

there—if they give even 3 rubles

51:32

(a token amount), then at least it's something; otherwise it's free.

51:35

And when I told him that—three

51:36

cameras—I said, "That seems a bit small-scale,

51:38

what kind of project is that, installing three cameras

51:39

for free,

51:41

damn it, let someone else, I don't know,

51:43

come and install half a camera here."

51:47

>> Yeah, even half a camera. Exactly. Nobody

51:50

else has installed even half a camera.

51:53

No, but Alexei, it's like, you know,

51:57

I don't know, I mean, somehow,

52:00

honestly,

52:02

>> I don't know, I just think

52:03

this is partly because you

52:06

well, I don't know, I mean either

52:08

maybe it is possible to agree to some things

52:09

if you're acting as an implementer

52:11

or as an adviser, yes, you can do certain things,

52:13

well, from a certain point to a certain point,

52:14

like, go off and perform heroic labors

52:16

like Hercules, maybe even

52:17

see some arrangement through completely, with something else too, and then

52:20

basically forget the rest of it, and for everything else

52:21

just say a flat no. No.

52:24

Just no. Or if it's yes, then

52:25

why is it that you're the one doing everything? I mean,

52:28

you somehow need to

52:36

draw the line.

52:43

Next folder: 20829.

52:47

Two files. The first is 680 ES 203.

53:00

>> Hello,

53:01

>> Hi, Alyosha.

53:03

>> Hey there, you old traitor.

53:04

>> Oh, so that's how it is, huh?

53:06

>> What else am I supposed to call it?

53:08

>> We've got a young traitor here too. That's

53:10

how it is,

53:10

>> Of course. I never betrayed you once, damn it,

53:13

but you, damn it, are constantly undermining

53:14

me,

53:17

>> misrepresenting me.

53:19

I'm the one misrepresenting you, damn it? I'll kill you

53:21

when I get there.

53:22

>> When are you getting here?

53:24

>> I will, but I was planning to leave around Wednesday.

53:26

I need to move Yulia's car,

53:27

so I'll probably head out in her car

53:30

on Friday or Saturday.

53:32

>> Ah, so you're not here yet. All right then, see you on

53:34

Sunday.

53:36

>> All right. So what, did something urgent come up there?

53:38

>> No, I'm just gathering people right now, and you're not here.

53:43

Vitserov.

53:45

>> What?

53:46

>> Zavirov, I'm saying.

53:47

>> Ofitserov? Who's that?

53:50

>> Your adviser.

53:52

>> All right, okay, okay, I'll meet with him

53:53

today at the door. All right, bye.

53:55

Yeah.

54:01

>> Next file: BF16E

54:05

202.

54:24

Hello.

54:25

>> Hello.

54:26

>> Yes,

54:27

>> Hey. Can you talk?

54:28

>> Hey, yes I can. So,

54:29

>> so, did you find out who Ofitserov is?

54:31

>> Yes, I recognized it. Uh-huh.

54:32

>> Well, I just thought you had called me about those

54:34

phones. I completely forgot about them.

54:36

>> Right. Well, I met with that Sergey.

54:39

>> So what?

54:40

>> Right. Well, we talked, and overall everything is

54:42

fine; later we'll talk in more detail.

54:44

I mean, uh, Petrovich has

54:47

become very active there, so

54:48

everything is going according to plan.

54:50

>> Well, he's sort of moving in the right

54:52

direction. Yes, yes, yes. Yes, so far

54:54

everything is heading the right way. That is,

54:57

actually, it can be done even without

55:01

membership in the commission, so

55:03

that can kind of be put on

55:05

the back burner there. We have three

55:07

issues there. Say, will you come on Mon-

55:08

day? Will you be there on Monday?

55:11

I'll be there on Sunday. And are you going to Moscow

55:13

or not?

55:14

>> No, I'm staying put. Going? Yes. Well, I'll just take the

55:19

car over and come. I'll leave Sunday

55:21

morning and arrive Sunday evening.

55:23

>> Well, you'll arrive at night, and I'll

55:26

talk to you then.

55:28

>> We'll talk on Monday. I just

55:31

thought that everything, everything, everything is

55:33

under control, everything is fine,

55:35

so, basically, we can move forward. I mean,

55:37

did you discuss the adviser

55:39

or assistant position?

55:40

>> No, we didn't. We discussed

55:42

that commission membership issue. I mean,

55:44

he seemed kind of stressed. I just didn't

55:46

push it further, because he was saying

55:48

something like there simply wasn't

55:50

an opportunity. I mean, well...

55:52

>> Wait, you're saying he was stressed?

55:54

>> No, I mean he was stressed out.

55:56

>> Stressed out probably because the broadcast had just

55:58

ended. As for the commission,

56:00

he said, he explained that, basically, there really

56:01

just wasn't any possibility. Well, I was also

56:03

immediately surprised, because it turns out

56:06

there's a scandal, and one participant in the scandal

56:08

joins the commission, while another participant in the

56:10

scandal does not.

56:11

>> But I had agreed that you would be

56:12

on the commission. They didn't include you in the

56:14

commission, so I came down on them hard

56:16

over that, actually.

56:17

>> Well, I understood that, but those are already

56:18

more political issues overall. That is,

56:21

basically, what we need there is, uh,

56:25

still to focus on the bigger

56:27

three issues. One issue is the one we

56:29

discussed with you, remember, in the square.

56:31

>> Uh-huh. Yes, yes. Yes. That's the main

56:33

issue; without it, everything else loses

56:34

its meaning. And second, the two main issues are

56:37

the adviser issue, so that the first one would be easier

56:39

for you to handle, and the issue of making sure

56:42

that Operev doesn't come back anymore. That's all.

56:45

>> Uh-huh. Okay. All right then, I'll

56:48

meet you somewhere on Monday,

56:50

>> Yes, if we resolve the three issues, everything will be

56:52

great. Uh-huh. Good.

56:55

>> Uh-huh. All right, say hi to Yulia.

57:06

Next folder: 260829.

57:11

One file: 535

57:15

204.

57:26

Hello, Pyotr Petrovich,

57:28

>> so, there's nothing specific there on Musitinsk

57:30

in particular, because people have only just

57:31

gone out into the forest.

57:33

>> What? Just the forest?

57:35

>> They only just went into the forest. Yes, they did.

57:37

>> All right. And what about that logging plot there?

57:40

>> Well, we need to go, we need to go. There are logging plots there,

57:42

and people are lined up for them. We just need

57:44

to go there and sort it out on site—who needs

57:45

what.

57:47

>> There are plots available.

57:48

>> I just don't want it to turn out that

57:50

I send people there for nothing. You know,

57:51

Kolya Petrovich, here's what I want to do now.

57:53

I want to come to you in about

57:54

an hour and a half with a few people.

57:57

>> Uh-huh.

57:58

>> Will you be there?

57:59

>> Well, of course I will. Sure.

58:00

>> All right then, we'll discuss everything there.

58:02

>> Uh-huh. Good.

58:03

>> Good.

58:09

>> Next folder.

58:11

029.2009.

58:15

Three files. First: 702

58:18

D804.

58:26

Good afternoon.

58:27

>> Hello.

58:28

>> Yes, I'm listening, Petrovich.

58:31

>> Yes, yes, yes, I'm listening.

58:34

>> Is that you?

58:35

>> Yes, yes, yes. It's me.

58:37

>> I didn't recognize you at first. So, look,

58:39

let's talk this through now,

58:41

right now.

58:43

So, put the truck in for loading,

58:45

yes, but here's what I'm asking. Let's

58:47

handle payment for this shipment

58:50

by the posts.

58:52

Upon shipment.

58:53

>> Uh-huh.

58:56

>> Hello.

58:57

>> One second, I'll step outside.

58:59

>> Uh-huh.

59:05

>> Hello, Pyotr Petrovich, I've stepped outside.

59:07

Can you hear me now?

59:08

>> so that we don't get tied up even deeper in accounts receivable

59:10

there. Let's finish loading now, and

59:13

you pay us immediately. That is, upon

59:15

shipment.

59:16

>> All right, then afterward I'll just

59:18

take all the trucks you have, and

59:19

I'll pay right away. What, what?

59:22

>> It's just that the Germans don't want, until October,

59:26

to sign any contracts. If we...

59:28

If we keep the contract, we'll continue working,

59:30

and if we don't, then we won't work with anyone

59:32

at all.

59:34

>> No, well, I'm calling Grazyna now, she

59:36

seems confident - she said we'll

59:37

work as we should. Hello,

59:40

>> I just need to understand what exactly we need to

59:42

>> issue you the, well, invoice based on

59:45

the actual amount, and we need to be paid.

59:49

Well, how much can you do with the trucks?

59:52

>> Right now we have one truck ready here and

59:54

two more still being worked on. Everything has already

59:56

been put on hold.

59:57

>> No, well, you just keep doing everything. I'll

1:00:00

settle it based on the actual amount. Agreed?

1:00:02

>> Agreed.

1:00:03

>> Yes. Just look, regarding

1:00:04

the Germans.

1:00:05

>> No, well, regarding the price - that is, deciding

1:00:07

the pricing principle. We're offering a price

1:00:09

of €15.5 based on the actual load.

1:00:12

You're breaking up badly. Where

1:00:13

are you?

1:00:14

>> I'll call you back now.

1:00:16

>> All right.

1:00:20

Next file: 707S304.

1:00:32

>> Hello.

1:00:33

>> Hello.

1:00:34

>> Petrovich, can you hear me?

1:00:35

>> Yes, I can hear you now.

1:00:36

>> Yes, so let's set the price for

1:00:39

these items.

1:00:41

As of today, if you include

1:00:43

all VAT, your price is 25.8,

1:00:46

I've checked. Yes,

1:00:47

>> 24

1:00:49

>> already. It's 24 now, yes.

1:00:52

>> Well, we just need to decide on the price

1:00:54

plain and simple. Today, €11 isn't really

1:00:56

a reasonable price. Maybe at least

1:00:58

€14, if yours is 24.

1:01:00

>> Yes, yes, yes. The last one.

1:01:02

>> Who shouted there?

1:01:04

>> Ah

1:01:05

>> they're shouting there.

1:01:06

>> No, well, here

1:01:08

>> we're sitting in the department, right? Yes,

1:01:10

>> I see.

1:01:12

And €14 per 100,

1:01:14

>> right? Yes, yes.

1:01:20

>> 63

1:01:23

p

1:01:25

5.6.

1:01:28

No, that's not realistic.

1:01:30

>> We simply need the money today.

1:01:32

How much can you offer?

1:01:34

>> Well, I can raise the price, sort of, but then

1:01:37

the price there becomes almost unrealistic. So,

1:01:39

how much, how much - tell me?

1:01:40

>> Well, I can do 2,600

1:01:43

euros

1:01:45

more.

1:01:46

>> Well, how much would that be per post,

1:01:48

then?

1:01:49

Twice as expensive as ours.

1:01:50

>> Well, I don't know, it comes out more expensive there.

1:01:53

>> Ah, but that's

1:01:55

in - what? He there

1:01:56

>> I just need to calculate how much that

1:01:58

could be. 2,600 - right now, at 2,600 from

1:02:02

you, I can take it there, uh, like from

1:02:04

the former partner at 2,700 - that's the maximum,

1:02:07

simply. I can't do more.

1:02:09

>> 2,700, right?

1:02:11

>> Then it's gone there out of the deal.

1:02:14

2,700. So I'll calculate it now. All right,

1:02:16

if it's 2,700, roughly how much do we

1:02:18

get per post there? 5 and 5 posts

1:02:20

at 2,700. All right then, let's settle on this price

1:02:22

for now.

1:02:24

So, we need to send a truck. I'll

1:02:27

give instructions regarding the Kyiv facility now.

1:02:29

Shipping will start today. All right.

1:02:30

You have the specification.

1:02:31

>> Well, that's for the next trucks already. That is,

1:02:32

this truck is going at the old price.

1:02:35

>> Well, Yurovich, why at the old price? Because

1:02:37

>> you've already invoiced this price

1:02:40

already,

1:02:41

right?

1:02:42

>> You have to do it according to the documents.

1:02:43

>> All right, send the truck then, I'll

1:02:45

give the order now so they can start

1:02:47

loading.

1:02:48

>> All right then. And whom should we send?

1:02:51

>> Send what?

1:02:52

>> Well, in general, just give the authorization,

1:02:53

so they can start loading there, so they can start

1:02:55

working too - I'll tell them.

1:02:56

>> The truck, the truck. Send the truck. Send the truck.

1:02:58

Send it.

1:02:59

>> Ah, all right, all right. Let's do that.

1:03:02

>> Where should we send it?

1:03:03

>> Well, it was loaded there before, I think.

1:03:06

>> Mm-hmm. All right, all right.

1:03:07

>> You know the female customs declarant there, right?

1:03:09

>> Yes, all right, agreed.

1:03:11

>> And I'll issue the invoice, the VAT invoice,

1:03:15

>> for payment. You will pay, won't you? All right,

1:03:17

fine.

1:03:18

>> As soon as you ship it, we'll pay immediately.

1:03:19

>> Yes, once it's shipped. Well,

1:03:21

>> that's it.

1:03:25

>> Next file: 93BS3.

1:03:33

>> I understand, yes, but I need to.

1:03:35

>> I'm listening.

1:03:37

Hello. This is Sabina Chvatova

1:03:39

from Del company.

1:03:40

>> Oh, hello, Sabina. Sorry,

1:03:42

it's just that

1:03:44

it really slipped my mind. Now that

1:03:45

you've called, I remembered that I forgot to

1:03:47

call you back.

1:03:49

>> Yes, yes, yes. Yes, sorry. Mm-hmm.

1:03:52

>> Well, I was asked to get in touch with you

1:03:54

regarding the audit. Yes.

1:03:56

>> Mm-hmm. Mm-hmm.

1:03:57

>> I wanted to ask, um, what the situation is on your side

1:04:01

what there are. Look, I was explaining,

1:04:04

a young man called me; I’m a

1:04:06

governor’s adviser in Kirov

1:04:08

Region. In Kirov Region, there is one

1:04:10

large, dysfunctional enterprise

1:04:11

called Kirovles.

1:04:13

>> Yes, what is going on at that

1:04:15

enterprise? No one really understands

1:04:17

what is happening there. There’s a new governor,

1:04:20

and everything there is rather strange.

1:04:22

Accordingly, the task that was

1:04:24

set before me included

1:04:25

figuring it out. And naturally, the first thing

1:04:28

that came to mind was to conduct, so to speak,

1:04:29

a full comprehensive audit there. But

1:04:33

since I had some

1:04:34

acquaintances at Del Tush (apparently Deloitte), I

1:04:36

got in touch with Del Tush.

1:04:38

>> And naturally, we have one question:

1:04:41

the enterprise is state-funded, the money is public,

1:04:43

so we want to understand,

1:04:44

how much we can afford, and then

1:04:47

order this audit. Well, I don’t know,

1:04:50

if that’s possible, and I’m just not entirely

1:04:54

sure under the current

1:04:56

legislation; as I understand it,

1:04:58

a state enterprise is required

1:04:59

to hold a tender for audit

1:05:01

services.

1:05:01

>> Yes, of course,

1:05:02

>> that’s right. Yes.

1:05:04

>> Mm-hmm.

1:05:05

>> Then we can announce a tender, specifying

1:05:07

that we need auditors from the top

1:05:09

three. Something along those lines?

1:05:12

>> Mm-hmm.

1:05:13

>> Well, that is basically all that

1:05:16

I’m prepared to say. To look at the

1:05:18

financial statements to understand what

1:05:21

this is.

1:05:23

Well,

1:05:23

>> Let’s do it this way. You

1:05:27

write to me which documents, well,

1:05:30

the initial ones, I should send you so that

1:05:33

you can tell me how much it would cost,

1:05:35

because, well, I don’t even understand

1:05:37

the rough order of magnitude. Or can you tell me

1:05:39

the ballpark figure?

1:05:42

>> Well, in principle, as a ballpark figure,

1:05:45

yes. Roughly, maybe around

1:05:49

$20,000, yes. How much is that?

1:05:52

>> Well, $20,000 is acceptable

1:05:54

for us. That is, if it costs

1:05:56

say, roughly 1 million

1:05:59

or 1.5 million rubles, that’s fine. If

1:06:01

it costs 5 million rubles, well, probably

1:06:03

this enterprise won’t be able to afford it.

1:06:05

>> Mm-hmm.

1:06:06

>> Well, you understand, Kirov

1:06:07

Region is poor. If we pay someone

1:06:09

5 million rubles for an audit, it will look

1:06:11

strange.

1:06:13

>> I see, I see. Mm-hmm.

1:06:16

Well, 20 million is, so to speak, when

1:06:19

everything is extremely simple.

1:06:23

>> You mean 20,000?

1:06:24

>> 20,000, yes, I mean 20 thou-

1:06:28

>> yes, that’s when everything is extremely simple,

1:06:30

and there is a simple balance sheet, yes, in order

1:06:32

to understand how much higher it might be.

1:06:34

I think it will be a bit higher. I’m not

1:06:36

sure it will be much higher. I need

1:06:38

to look at the balance sheet and the profit-and-loss

1:06:40

statements. In principle, I don’t need anything else

1:06:42

beyond that.

1:06:43

As I understand it, this is logging,

1:06:45

right? And

1:06:47

>> it is

1:06:48

called logging and

1:06:51

reforestation work.

1:06:53

>> Mm-hmm.

1:06:55

>> Right, so you need the balance sheet, yes?

1:06:58

Which one? The annual one.

1:07:00

>> Well, perhaps, if there is a latest one,

1:07:01

say, a half-year statement as of June 30,

1:07:05

>> the latest balance sheet, yes? And

1:07:08

>> the profit-and-loss statements, that form. So,

1:07:11

the statement of profit and

1:07:16

>> loss. In principle, the annual balance sheet

1:07:18

is accompanied by

1:07:20

an explanatory note. So perhaps

1:07:22

the explanatory note to the latest

1:07:24

annual balance sheet as well, so as to at least understand

1:07:27

what’s what. It contains the basic

1:07:31

information about the enterprise’s activities,

1:07:33

so that explanatory note too.

1:07:35

Well, I think that will be enough.

1:07:38

All right, then I’ll write down your

1:07:41

email address.

1:07:43

>> My surname is complicated. Let me

1:07:46

send it to your phone by text message.

1:07:50

>> Listen, let me dictate my simple

1:07:52

email address to you. All right.

1:07:55

>> So, Navalny, spelled: Nikolai.

1:07:58

>> Uh-huh.

1:07:59

>> Alexei.

1:08:00

>> Uh-huh.

1:08:01

>> Viktoria.

1:08:02

>> Uh-huh.

1:08:02

>> Alexei.

1:08:03

>> Mm-hmm.

1:08:04

>> Leonid.

1:08:05

>> Mm-hmm.

1:08:06

>> Nikolai. Mm-hmm.

1:08:07

>> And a Y at the end.

1:08:09

>> Mm-hmm.

1:08:10

>> That comes out as Navalny. Well, Y.

1:08:12

>> Mm-hmm. Mm-hmm.

1:08:13

>> So that comes out as Navalny, right?

1:08:15

>> At gmail.com.

1:08:18

>> GML

1:08:20

>> GM—well, Gmail. One word. Gmail.

1:08:24

>> Gmail. Mm-hmm.

1:08:26

>> Yes, dot com, dot com

1:08:28

there. Well, Google mail.

1:08:29

>> Gmail.com.

1:08:31

>> gmail.com.

1:08:33

All right.

1:08:35

Then let me send you a test

1:08:37

message.

1:08:38

>> Mm-hmm.

1:08:40

I’ll check.

1:08:41

>> Yes, I’m doing it right now. Uh-huh. I’m typing already.

1:08:51

>> Right.

1:09:08

Okay, I’ve sent it.

1:09:22

Just a second.

1:09:24

>> Did I write it correctly? J M A I, yes, all as one

1:09:28

word.

1:09:28

>> Yes, yes.

1:09:33

For some reason, nothing’s come through.

1:09:41

One second.

1:09:46

Something

1:09:47

>> nothing. So something’s wrong. I typed

1:09:49

some random letter. Although, it seems,

1:09:51

>> no, maybe. Yes. Oh, something didn’t

1:09:54

come through. Well, go ahead and send it, try

1:09:56

an SMS, and then I’ll write back to you. Okay.

1:09:59

>> Okay.

1:10:00

>> Alright, agreed. Then tomorrow I’ll

1:10:01

try to send you all of this.

1:10:03

In that case, please just let me know,

1:10:06

give me a rough idea of the price. Well, I don’t know,

1:10:08

in any case, we still need to hold tenders,

1:10:10

right?

1:10:11

>> Yes. Mm-hmm. Yes. For unitary enterprises,

1:10:13

yes.

1:10:16

>> Mm-hmm. Alright then. We’ll decide. Well, I mean

1:10:18

it would probably be wrong,

1:10:19

to handle the audit report. And then somehow

1:10:21

fiddle with this tender. Well then,

1:10:22

we’ll go with whatever was decided. Mm-hmm.

1:10:25

>> Alright, agreed. Okay then, I’ll be

1:10:27

waiting for your text message. Thank you.

1:10:29

>> Yes, thank you. Goodbye.

1:10:35

>> Next folder: 01029

1:10:39

1 file: 5D89503.

1:10:48

>> Yes, great. Hello. Hi. Call me.

1:10:50

>> Yes, I called. Wanted to know what was interesting there,

1:10:52

I mean. Uh,

1:10:53

>> nothing much. I’ve just now been sent

1:10:55

the audit assignment for you.

1:10:58

>> I spoke to them, we’ll apparently do it.

1:11:00

Now we’ll approve the terms of reference there and

1:11:02

hand it over.

1:11:06

Hold on a second. Hey, do you hear me?

1:11:08

>> Ah, so everything seems to be fine. He

1:11:10

said that he had, like, looked into it

1:11:12

and talked it over, and in those, like, it’s clearly

1:11:13

interesting there.

1:11:16

Who did he talk to?

1:11:19

Perkhov spoke with Vaki

1:11:24

and said that Vasya is a decent guy, but

1:11:26

he clearly won’t be able to handle being director.

1:11:28

>> Well, he won’t handle it, yes. I think so too.

1:11:31

>> No, no, he won’t manage. He thinks he won’t

1:11:32

manage it.

1:11:34

>> No, no, not in the format that’s needed,

1:11:35

he won’t manage it.

1:11:36

>> Well, maybe in format two. That is,

1:11:39

>> uh, if it’s the format that you and I

1:11:41

discussed, then yes, he could handle it, if

1:11:43

we’re talking about a director on a broader scale, like

1:11:46

someone like Korolyov, then of course not.

1:11:49

Right. But really, the question here is

1:11:52

this.

1:11:54

Yes, if there are other proposals, then

1:11:56

that’s possible, I’m just saying that he

1:11:58

will be, well, as you yourself know, he’ll

1:12:00

be doing what he’ll be doing. Right. Mm-hmm. So I

1:12:02

think that any person who

1:12:05

fits within the framework of this, well, scheme,

1:12:07

won’t really be suitable, you understand?

1:12:10

Well, that’s my view. I mean, even

1:12:12

if it were me, I wouldn’t be suitable either.

1:12:15

>> Mm-hmm. Mm-hmm. Right. So, yes.

1:12:20

>> Well, okay.

1:12:22

>> Mm-hmm.

1:12:22

>> Alright, talk later.

1:12:25

>> If anything, I’ll be in Kyiv by the evening.

1:12:28

>> Alright, agreed.

1:12:29

>> Mm-hmm. Bye.

1:12:36

Next folder: 02129

1:12:40

two files: 82

1:12:42

EAB

1:12:44

203.

1:12:49

>> Hi.

1:12:50

>> Hello. Hi. Yes.

1:12:52

>> Yes. So, what’s going on there? What’s happening?

1:12:56

We were just sitting there with Gordeyeva and Shcherchok

1:12:59

also discussing what to do.

1:13:01

Well, you see, there are various

1:13:03

candidates being considered. Like,

1:13:04

Gordeyev says, “The ideal person would be

1:13:06

Ofitserov.”

1:13:08

>> And who was it that said that just now?

1:13:10

>> Gordeyeva. And I think so too, and Cherchkov

1:13:12

thinks so too. I mean, you understand,

1:13:14

things there are really in complete disarray right now. That is,

1:13:16

I mean, Opolev seems to have been removed, but in

1:13:18

practice he’s still sitting there doing something. This Vasya

1:13:21

can’t do anything at all. The losses are

1:13:23

enormous.

1:13:29

Next file: 83292

1:13:33

03.

1:13:37

>> Yes, the connection got cut off.

1:13:39

>> So anyway, things there really are

1:13:41

a complete collapse. Absolutely no one

1:13:43

is managing anything at all.

1:13:44

>> Well yes, they may already be there in a hole, so to speak,

1:13:47

with gigantic losses. Now they don’t want to take timber

1:13:49

on lease anymore. They say,

1:13:51

we’ll work under contract. There’s no justification

1:13:53

for it whatsoever. That is, the forestry enterprises aren’t

1:13:55

obeying. Total

1:13:58

>> Mm-hmm.

1:13:58

>> So, well, they’re already saying:

1:14:00

“Let’s bring Oplivo back,” because

1:14:02

at least he knows something. I say, “Well,

1:14:04

we can’t bring Oplivo back.” Tyshlik, apparently,

1:14:06

is demanding that Opolev be brought back, and

1:14:08

he doesn’t want it any other way. So, like,

1:14:09

Tyshlik is also digging in his heels and demanding that

1:14:12

Opolev be brought back.

1:14:13

>> Mm-hmm.

1:14:15

>> Ah, so there, well, I mean, nobody

1:14:18

knows anything. This new guy,

1:14:19

who would be at the head of the department there,

1:14:21

a guy named Ravil. So he, accordingly,

1:14:24

also says something like, "I don’t know, maybe

1:14:26

put Opulev in, because he

1:14:29

because he understands at least something." So

1:14:31

basically, well, there,

1:14:34

he understands something, and I kind of

1:14:37

I also tell him, accordingly, that

1:14:38

he doesn’t understand a damn thing. And they say:

1:14:40

"All right then, who? Vasya supposedly can’t

1:14:42

handle it." That’s already the general

1:14:44

consensus. They say, "Well, let’s

1:14:46

put Officerov in." I say, "But Officerov kind of

1:14:47

doesn’t really want to." I say, "Well,

1:14:49

tell me what to do then."

1:14:52

Well, look, I was thinking maybe, you know, if

1:14:54

I were to sign a contract, but you know, in a way

1:14:55

where it would be, conditionally speaking,

1:14:58

not as CEO, right,

1:15:00

but not as some kind of crisis manager either,

1:15:02

but specifically as a manager for

1:15:06

the transition period, so to speak,

1:15:07

for the reorganization.

1:15:10

Uh-huh. So basically, I’d put it in the contract there

1:15:12

with the department that I work there, well,

1:15:15

under certain conditions, right, meaning

1:15:17

the main one, or one of the main ones,

1:15:19

would be a flexible schedule, so that I

1:15:22

wouldn’t be tied to that chair. And then

1:15:24

we’d spell out what would need to

1:15:26

be done, with the plans written out there. I’d simply

1:15:28

start acting as the implementer of that

1:15:30

plan. Only in that kind of format, like

1:15:32

somewhere between a consultant, you know, and

1:15:34

a CEO.

1:15:35

>> So, something like CEO-level powers

1:15:36

of a general director,

1:15:38

but without the responsibility of a general director. They

1:15:39

won’t agree, you see? What do they actually need?

1:15:41

They’ve got a state function there, a contract, they’ve got

1:15:43

all sorts of meetings there in that

1:15:45

department, I mean, they’ve basically got this kind of

1:15:48

civil service setup

1:15:49

there, so with a flexible schedule they

1:15:51

obviously wouldn’t agree. Well, that’s

1:15:52

the kind of person they want there — they want

1:15:54

an official, basically,

1:16:00

>> Yeah. Anyway, that’s the situation. Uh, you see,

1:16:03

and besides, I’m afraid that

1:16:04

if we appoint you now, all these

1:16:06

those hangers-on there,

1:16:09

the forestry enterprise directors loyal to Opulev, they’ll

1:16:10

start an open war with you there, well

1:16:13

either an open one or some kind of

1:16:15

other kind.

1:16:17

>> And accordingly, some

1:16:18

huge problems start there, and

1:16:20

they dump all of them on you.

1:16:21

>> Well, yes, that’s true. But what about Vasya? Why

1:16:23

don’t they want Vasya?

1:16:25

>> Well, because supposedly he can’t handle it.

1:16:29

Well, I don’t know, that’s the opinion of both Shcherchkov and

1:16:32

this one, and Gordeev, and as I understand it, Rdam too,

1:16:35

that he just can’t handle it there — that he’s decent,

1:16:37

smart, but he can’t manage all of

1:16:40

that there. He’s supposedly not charismatic enough,

1:16:42

so he won’t be able to handle those people.

1:16:44

>> Yeah, that’s true.

1:16:51

Well, basically, you know, one option here is

1:16:54

you could come in on a trial period,

1:16:56

with the condition that for 3 months

1:16:58

they don’t mess with me at all. You know, like

1:17:00

actually, you really could come in for 3 months

1:17:02

and see — there are bound to be some

1:17:03

huge problems. And to hell with it — well, I

1:17:05

turned it down, you see. So we

1:17:07

could sign — you can think about how to handle it —

1:17:09

a contract of this kind, where I’m sort of

1:17:11

agreeing, but on the condition that the term is 3

1:17:13

months, and basically both I and they — I spend 3

1:17:16

months looking at them, and they spend 3 months looking at

1:17:18

me. And that’s fine.

1:17:21

>> Yeah, we need to think about it. Maybe — I keep thinking,

1:17:24

of course, maybe we could do something clever

1:17:26

and appoint both you and that

1:17:29

idiot, Topolev, at the same time, so that he signs all

1:17:32

the unpopular decisions or whatever,

1:17:34

while you run everything

1:17:38

— or would that not work?

1:17:40

>> Well, if he has signing authority, then yes, that’s how it would be.

1:17:42

You know how it could be done? Here’s one way

1:17:45

to do it. Look, conditionally speaking,

1:17:48

I could come in as executive

1:17:50

director,

1:17:51

>> well,

1:17:52

>> and he’d be the general director, right.

1:17:54

>> Uh-huh,

1:17:55

>> let’s say — I’m just throwing out an option,

1:17:57

it’s a terribly shitty option, but it exists.

1:17:59

I come in as executive director, Opulev becomes

1:18:01

general director, and I remove Bastrigina,

1:18:04

and accordingly appoint a finance

1:18:06

director and a commercial director. I don’t

1:18:08

know, Vasya or someone else.

1:18:09

>> There you go.

1:18:11

>> And accordingly, we’d change production there too.

1:18:12

We don’t need Tyk.

1:18:16

Right. And here, you see, what we really need to do is

1:18:18

clearly define what the functions would be,

1:18:19

that is, spell out

1:18:22

the functions of the executive director and

1:18:24

the functions of the general director. And

1:18:25

the general director would specifically be more of a, well,

1:18:27

a ceremonial general director, remember what

1:18:28

we talked about six months ago? Yes.

1:18:31

>> Meaning that the general director would have

1:18:32

representational functions.

1:18:34

>> Uh-huh.

1:18:34

>> You know, like the president in France.

1:18:37

>> Right, got it.

1:18:38

>> So in reality, the charter still needs

1:18:39

to be changed anyway. The charter is being redone already.

1:18:41

>> Uh-huh.

1:18:42

redo it accordingly

1:18:45

just rewrite the charter for this, and basically

1:18:47

reduce the general director’s

1:18:49

number of powers, meaning all those

1:18:53

various bells and whistles, so to speak

1:18:54

They’re signing off on the HR stuff, damn, but still...

1:18:56

The only question is how to make it so that he

1:18:58

you understand, he’s not going to

1:18:59

obey.

1:19:02

I mean, the only way is basically just to

1:19:03

then squeeze everyone out and say, uh,

1:19:06

with you, I mean, you can be friends with top management as much as

1:19:09

you want, but the money still

1:19:11

won’t be given to any of you anyway.

1:19:13

Well, that may actually be an option.

1:19:17

Alright, fine, let’s think about

1:19:19

that. Because honestly, I really

1:19:21

right now we’re kind of there, well, the boss still

1:19:23

has some influence anyway, he’ll be

1:19:25

keeping an eye on it there, especially since

1:19:26

it’s really not them anymore, I’m telling you,

1:19:28

they’re backing out of the state contract for the timber,

1:19:30

they’re saying it’s a state contract. Besides, there

1:19:32

the prosecutor’s office has issued an order regarding this

1:19:35

uh, this big lot,

1:19:38

>> so they won’t have any timber.

1:19:40

Ah, so that means there won’t be 30 million in payroll

1:19:43

there, well, in full.

1:19:46

So basically, in the second one they’ll have to be,

1:19:47

apparently, bankrupted.

1:19:49

>> 30 million.

1:19:51

>> Well, their payroll is 30 million a month

1:19:52

.

1:19:53

>> Well, then they need to be cut back,

1:19:55

just at a rapid pace before the New

1:19:57

Year.

1:19:58

>> Yeah, something like that.

1:19:59

>> We need to fire 1,000 people. I mean,

1:20:01

basically right away, over the course of October.

1:20:07

>> Yeah. Alright. Anyway, I’ve got people sitting here

1:20:09

in the reception area. Let’s think about

1:20:11

these options, how they, how they’re going to

1:20:12

wait.

1:20:13

>> Uh-huh.

1:20:19

>> Next folder: 21129.

1:20:23

One file: 899503.

1:20:34

>> Hello,

1:20:35

>> hello. Hey,

1:20:36

>> hey.

1:20:38

Well, of course, I couldn’t make it with them

1:20:39

to come over. What, what?

1:20:41

>> I’m already on the train. Couldn’t come, already on the

1:20:43

train. And

1:20:45

>> we’re heading out now. Anyway, I’ve got two

1:20:48

pieces of news.

1:20:49

>> Uh-huh.

1:20:49

>> First, I’m leaving. Second, I signed the payment orders.

1:20:53

Yeah. Through March 8. And third, I signed

1:20:57

the penalty notices.

1:20:59

>> Signed everything. Yeah.

1:21:01

>> Yes. For 536,000.

1:21:03

>> Well, that’s great.

1:21:05

So it all got done, then. What?

1:21:08

>> Everything we planned, we did. Yes.

1:21:10

>> Well, looks like yes. So right now I

1:21:13

didn’t manage to take it for myself in time to keep

1:21:15

everyone, and as for that, well, the accountant is already running the office

1:21:17

already.

1:21:18

>> Uh-huh.

1:21:19

>> I’ll sort it out more simply now.

1:21:23

That’s how it is. Right.

1:21:24

>> Excellent. Excellent. Alright, everything’s

1:21:25

okay.

1:21:26

>> What else is there?

1:21:27

>> Nothing,

1:21:29

>> it’s fine. What?

1:21:31

>> Well, I kind of ran into

1:21:33

Cherchok in the cafeteria. And he kind of

1:21:35

asked me, “So what’s going on there?” He

1:21:37

said, “Well, you know, they say they haul water for the offended” (a Russian idiom meaning people take advantage of those who feel slighted).

1:21:38

And then he was like:

1:21:41

“So what, is he going to keep singing that tune or not

1:21:43

?” And I didn’t really give anything definite, neither

1:21:45

yes nor no.

1:21:47

>> Uh-huh. Alright then. Actually, we basically

1:21:50

don’t need any of that anymore.

1:21:53

>> Yeah, yeah, yeah.

1:21:54

>> Look, here’s what I want—there’s an idea

1:21:57

like this, right. Look, the group currently

1:21:59

has a problem: there are always issues with the season,

1:22:01

with hauling, meaning, well, they can’t

1:22:03

really get anything under control.

1:22:05

There’s an option. We could buy

1:22:09

tractors based on tanks, a T-355 tank model.

1:22:13

>> They cost around 700 each. I could, roughly speaking,

1:22:16

get them for 800 each.

1:22:18

>> Well

1:22:19

>> So, accordingly, this tractor, well,

1:22:22

it’s actual military equipment, it breaks down

1:22:23

half as often. Well, basically it

1:22:26

lasts longer than, than

1:22:27

civilian equipment. Uh-huh.

1:22:28

>> It’s built differently there and all that. And it can

1:22:30

pull out of any kind of remote

1:22:32

swamp, basically.

1:22:33

>> Uh-huh. So they put special tracks on it

1:22:35

and it can haul 30 cubic meters

1:22:37

through swamps, almost underwater. I’ve

1:22:39

seen it myself.

1:22:40

>> Uh-huh. Well, it probably burns a lot of diesel

1:22:42

though.

1:22:44

>> About the same as a Ural truck, which hauls

1:22:46

a smaller load through the muck.

1:22:49

You’re saying 30 cubic meters of timber on it, and

1:22:52

you haul it,

1:22:55

>> or you load 20 cubic meters—15 cubic meters—

1:22:57

onto a Ural and haul it along the exact same

1:22:59

road. Well, “road” figuratively speaking, right.

1:23:02

There, they sink in. And the Ural

1:23:05

lasts exactly that long there.

1:23:08

>> I mean, basically, the reason I’m saying this is

1:23:10

that it’s almost exactly the same situation.

1:23:12

And accordingly, if you buy, say,

1:23:14

10 of those tank-based machines. Uh-huh.

1:23:16

>> then it would be a great setup. And instead of,

1:23:19

well, spending a million on an auditor,

1:23:22

for 7 million they could buy seven

1:23:25

tanks. Or 10 tanks, for example, and that’s it,

1:23:28

problem solved, and forget about it. I think that, basically, in the

1:23:30

near future, they definitely won’t be buying anything

1:23:32

if this is about

1:23:33

bankruptcy. You understand that there could

1:23:34

be some kind of issue too.

1:23:37

will go bankrupt.

1:23:38

>> Well, I think so. I mean, there

1:23:40

it's unclear what's going on. I think so, yes.

1:23:42

>> Well, because I spoke with the... or rather,

1:23:44

there seems to be some kind of workaround there now,

1:23:47

like the legal department might

1:23:49

allow the use of timber that under the

1:23:52

contract wasn't used before the New Year.

1:23:53

If we didn't mess anything up there,

1:23:56

>> then it turned out that hundreds of millions

1:23:58

could have been received.

1:24:00

>> Well, then it would be possible to talk to Sberbank.

1:24:05

>> I see. All right then, we'll figure it out, basically,

1:24:07

we'll think it over. For now, we need to deal with this situation

1:24:09

first. We'll sort it out later.

1:24:11

>> What are you saying?

1:24:12

>> I mean, let's deal with this situation now,

1:24:14

then we'll move on to the others.

1:24:15

>> Yeah, sort it out. In a way that lets us

1:24:18

come out on top. All right, good luck.

1:24:25

>> All the folders have been listened to.

1:24:49

We continue examining the written

1:24:50

materials of the case. Please, may I also

1:24:53

I would like, exercising my right, to give

1:24:54

some brief additional explanations for the court and

1:24:57

the respected representatives of the prosecution. From

1:24:59

the audio recordings we have heard, which were obtained

1:25:01

illegally, incidentally, the following things emerge

1:25:03

quite clearly. Namely, that

1:25:06

I was not at all aware of any

1:25:07

details regarding prices, counterparties, or other

1:25:11

details of the business operations

1:25:12

of VLK. Otherwise, why would I have requested them

1:25:15

in order to prepare my response to the audit

1:25:17

by Vyatka Academy Audit? And, in fact,

1:25:19

that is exactly what I have repeatedly stated in these

1:25:22

proceedings. These facts are fully

1:25:23

confirmed. Second, it confirms

1:25:26

my sharply negative attitude toward the audit

1:25:28

that was conducted at the company Vetka

1:25:30

Academaudit, which, from my point

1:25:32

of view, was falsified, which was also

1:25:35

confirmed by witness

1:25:36

testimony heard here. It also shows

1:25:38

the existence of a sharp conflict between me and

1:25:40

the leadership of the Property Department

1:25:42

regarding this audit

1:25:44

report, the existence of my conflict with

1:25:48

the management of Kirovles, and my desire to

1:25:50

fire them all, throw them out of their offices, and so

1:25:52

on. This was discussed here quite actively,

1:25:54

as was the appointment of some other

1:25:57

people, and so forth.

1:26:00

Also, the conflict situation

1:26:04

at the regional governor's meeting,

1:26:06

about Bastrykina's tirades, and about my sharply

1:26:09

negative attitude toward Bastrykin, and toward

1:26:11

the auditor, which was also repeatedly

1:26:13

discussed here and reported by witnesses; and about

1:26:17

Kirovles's inability to ensure deliveries

1:26:19

even for local clients, which

1:26:21

was also mentioned here.

1:26:23

It also shows my desire to conduct an independent

1:26:25

audit of Kirovles, negotiations with

1:26:28

the company Delет, and my statement that I did not want

1:26:32

to rig the tender for carrying out the

1:26:34

audit, which also shows that, broadly

1:26:36

speaking, I wanted to conduct an independent

1:26:38

audit of Kirovles by one of the

1:26:41

Big Three auditing firms,

1:26:42

which, you must admit, would be strange for

1:26:43

a person who had just stolen, together with

1:26:45

the company, 16 million rubles (about 16 million RUB), according to the

1:26:47

prosecution's version. Uh,

1:26:51

we heard how the defendant Ofitserov

1:26:54

was bargaining quite fiercely over

1:26:57

prices with the deputy director of the company

1:26:59

Kirovles. And against the backdrop of those conversations,

1:27:00

where they were sorting out prices for poles, VAT,

1:27:03

and loading, simply hearing

1:27:05

any claims about coercion in pricing

1:27:07

is frankly laughable after that. It also

1:27:10

confirms that I used

1:27:11

my contacts with Ofitserov to obtain

1:27:13

information about the real state of Kirov

1:27:14

les. And most importantly, these

1:27:17

recordings show that I never

1:27:20

discussed any financial

1:27:21

arrangements between myself and Ofitserov, or his financial

1:27:24

obligations to me, or my

1:27:25

financial obligations to him, and so

1:27:27

on. And all these negotiations, frankly,

1:27:29

do not sound like negotiations between people

1:27:31

who, as stated in the indictment,

1:27:33

created a criminal group to steal

1:27:35

10,000 cubic meters of timber from the company

1:27:37

Kirovles. Thank you very much.

1:27:39

>> So do you confirm that the voice on the audio recording

1:27:41

is yours? Since we

1:27:43

believe that the audio recordings were obtained

1:27:46

illegally, we believe that these

1:27:48

audio recordings are, uh, made up of

1:27:52

various fragments and edits and so

1:27:54

forth, I can only say that

1:27:56

possibly representatives of the operational

1:27:59

services of the FSB (Federal Security Service) and so on simply

1:28:01

took something out of the entire body of conversations,

1:28:03

edited together conversations of certain people

1:28:05

who seemed to them somehow

1:28:06

criminal. But even these cherry-picked

1:28:09

snippets of conversations confirm only

1:28:11

that they simply destroy the entire narrative

1:28:13

of the prosecution. As for confirming, uh,

1:28:17

or not confirming specifically my

1:28:19

my participation in these negotiations, I

1:28:21

still, since my attitude toward

1:28:23

them, toward these negotiations as

1:28:24

illegal, means I cannot confirm

1:28:26

or deny anything on that score.

1:28:28

>> I see. And are the interlocutors Ofitserov

1:28:30

or someone else?

1:28:31

>> Well, I already said that the conversations

1:28:34

were obtained illegally. They are a compilation and

1:28:37

so on, so I still cannot

1:28:39

comment on that.

1:28:41

>> So your position is simply first to say

1:28:43

that these negotiations of mine indicate

1:28:45

that no,

1:28:47

>> Your Honor, I said that those conversations,

1:28:49

which were read out, despite the fact that

1:28:51

we filed a motion to have

1:28:52

this evidence declared inadmissible, even this

1:28:55

inadmissible, in our view,

1:28:56

evidence, generally speaking, it is not even

1:28:58

clear how or why it was included

1:29:00

as part of the prosecution's evidentiary basis,

1:29:01

because it completely contradicts

1:29:03

the narrative of the charges.

1:29:08

We will continue examining the evidence.

1:29:10

Volume 12, pages 27 to 29, is being announced.

1:29:13

Next.

1:29:18

>> Why is the inspection record next? And

1:29:21

then

1:29:22

>> uh

1:29:25

what? Let's display it.

1:29:33

Next, volume 12, case file pages 207 to 209.

1:29:40

Inspection record.

1:29:45

Inspection of items and documents dated 17

1:29:46

October 2012, Moscow.

1:29:49

The inspection was conducted from 15:40 to 17:15.

1:29:53

By the investigator of the investigative group

1:29:55

Chernykh, in the presence of attesting witnesses (neutral civilian witnesses required in Russian legal procedure) Yankovich

1:29:58

Vitaly Vyacheslavovich, born on 19 February

1:29:59

1992; listed

1:30:01

place of residence: Moscow, Volchavskaya Street,

1:30:04

building 4/3, block 4; and Tarasyan Kharen

1:30:08

Gagikovich, born on 16 May 1992,

1:30:10

address of residence listed as Moscow,

1:30:13

Yunatov Street, building 22, apartment 49.

1:30:18

The following were inspected:

1:30:21

obtained as a result of carrying out

1:30:23

an operational-search measure

1:30:24

in the form of wiretapping telephone conversations, and also

1:30:26

attached during the questioning of

1:30:28

the accused Opolev.

1:30:32

The inspection established the following. Inspected:

1:30:34

a white paper envelope,

1:30:36

containing

1:30:37

an explanatory note and a compact disc.

1:30:39

Expert opinion dated 15 October

1:30:41

2012, No. 2464F,

1:30:44

in criminal case No. 2011/73681,

1:30:47

with the results of the operational-search wiretapping measure and two

1:30:50

signatures. The integrity of the packaging

1:30:52

was not violated. Upon opening, there were found

1:30:54

elements of the original packaging.

1:30:56

An optical disc, on the front side

1:30:57

white in color, bearing the inscription "Declassified"

1:31:00

order No. 3/2532 17712

1:31:05

and registration No. 309s dated 8 June

1:31:09

2010,

1:31:12

containing files as well as folder 040210

1:31:17

with the name specified. Also inspected was a new optical disc:

1:31:19

CD-R, serial No. CD R401/1829.

1:31:25

Nine.

1:31:28

On the said disc there is an inscription made in

1:31:31

black ink. The inscription reads: "Declassified"

1:31:33

order also No. 3/2532

1:31:36

dated 17 July 2012, No. 267

1:31:40

Op. When this disc was opened,

1:31:43

14 folders were found.

1:31:47

1.10.2009 2009

1:31:50

2 October 2009

1:31:52

060829

1:31:54

10829

1:31:56

11829 120829

1:31:59

13082009

1:32:01

158200982009

1:32:06

260829

1:32:08

containing files. During the inspection of folder

1:32:11

4040210

1:32:15

and files, and folder 01129,

1:32:19

of a specified size, there were identified

1:32:22

files

1:32:24

which, without any alterations,

1:32:26

were copied onto an optical CD-R disc,

1:32:28

serial No. D3119

1:32:32

R2901384L.

1:32:35

Also examined was an employment contract dated 15

1:32:37

April 2009 between the employer,

1:32:39

an aviation company, and the employee

1:32:41

Buram, appointed to the position of

1:32:42

commercial director of the aviation

1:32:43

company, for a term of 2 months, until

1:32:46

10 June 2009, signed on behalf of

1:32:48

Bura and VLK General Director Ofitserov. After

1:32:51

the inspection of the item and

1:32:53

document, namely the optical disc,

1:32:56

it was packaged in a white paper

1:32:58

envelope, sealed with the seal for evidence packets

1:33:01

of the Seventh Main Investigative

1:33:02

Directorate of the Investigative Committee

1:33:02

of the Russian Federation, provided with

1:33:04

an explanatory inscription, and secured

1:33:05

by the signatures of the investigator and the attesting witnesses. Also

1:33:08

packaged was the optical disc, serial No.

1:33:10

D3119

1:33:13

PA29013854H

1:33:16

copy, packaged in an envelope, also provided with

1:33:19

the seal for evidence packets of the Seventh Main

1:33:22

Investigative Directorate of the Investigative

1:33:22

Committee of the Russian Federation, provided with

1:33:24

an explanatory inscription and secured

1:33:25

by the signatures of the attesting witnesses and the investigator.

1:33:28

The contract was inspected.

1:33:32

It was attached to the record of questioning of the accused

1:33:34

Opolev dated 16 October of that year.

1:33:37

It is contained in the case materials. During and upon

1:33:40

completion of the inspection record, comments

1:33:43

from the participating persons were not received. The record

1:33:46

was signed by them and also by the investigator.

1:33:50

And case file pages 210 to 211: order on the

1:33:55

appointment of a comprehensive phonoscopic

1:33:56

forensic examination dated 24 August

1:33:58

2011, city of Moscow.

1:33:59

By the investigator for particularly important cases of the

1:34:01

investigative department of the directorate for

1:34:02

the investigation of particularly important cases involving

1:34:03

crimes against state authority and in the sphere of

1:34:05

the economy, of the Main Investigative

1:34:07

Directorate of the Investigative Committee

1:34:09

of the Russian Federation, by Akhmetov. Based on

1:34:12

the review of the materials of

1:34:13

criminal case No. 2011/7136811,

1:34:17

it was ordered that a comprehensive

1:34:19

phonoscopic forensic examination be appointed.

1:34:20

the conduct of which is to be assigned to the senior

1:34:22

expert of the department of forensic audio

1:34:23

investigations of the directorate for the organization

1:34:25

of forensic expert activities

1:34:27

of the Main Directorate of Criminalistics

1:34:28

of the Investigative Committee of the Russian

1:34:29

Federation, Maria Ivanovna Khomicheva, as well as

1:34:32

to the senior expert of the department

1:34:36

of forensic audio examinations of the same

1:34:38

directorate, Olesya Nikolaevna Ignatova

1:34:40

to the senior expe expert of the department

1:34:41

of forensic audio examinations of the same

1:34:43

department

1:34:45

Ekaterina Andreevna Grebennikova, and

1:34:47

to the senior expert of the department of phonoscopic

1:34:49

examinations of the same department

1:34:50

Denis Gennadyevich Kolesnichenko. The following were put before

1:34:52

the experts:

1:34:54

Question 1: establish the verbatim content

1:34:57

of the conversations, the digital recordings of which

1:34:58

are contained in files recorded on

1:35:00

the working layers submitted for

1:35:02

expert examination on two optical

1:35:04

CD-R discs. The disc with factory

1:35:06

serial number CDR A80 AG SCR39805

1:35:12

and the disc with factory serial number

1:35:15

CDR80M3307

1:35:17

0724

1:35:19

Question 2. Are the utterances presented

1:35:21

for expert examination, made by the

1:35:22

participants in the conversation, suitable for identifying

1:35:24

the participants in the conversation by the voice of the sounding

1:35:26

speech? Question 3. Do the

1:35:28

voice and speech being examined in the audio recordings submitted for

1:35:30

expert examination

1:35:31

of the conversations belong to Navalny and Ofitserov? sample

1:35:34

reference samples available, which were submitted for

1:35:35

examination. Question 4: are there any

1:35:37

signs of editing or other alterations

1:35:39

made during the recording process or after its

1:35:41

completion, in the audio recordings submitted for expert

1:35:43

examination of the conversations? At the

1:35:46

experts' disposal were provided

1:35:48

a copy of this order, a copy

1:35:50

of the record of inspection and listening to

1:35:51

the audio recording dated August 8, 2012

1:35:53

Two optical CD-R discs,

1:35:55

uh, with factory serial number, the first being

1:35:58

CDR80 AG SCR 39805, as well as a disc with

1:36:01

factory serial number CDR80M

1:36:04

3307 0724, packed in one paper envelope

1:36:08

free voice and speech samples of Navalny

1:36:09

and Ofitserov, submitted on a disc in the format

1:36:11

DVD-R, No. 54a4

1:36:16

The experts were advised of their rights and duties

1:36:17

provided for in Article 57

1:36:19

of the Criminal Procedure Code

1:36:20

of the Russian Federation; they were warned

1:36:22

of criminal liability pursuant to

1:36:23

Article 307 for knowingly false conclusions

1:36:26

the order having been signed by investigator

1:36:29

Akhmetov

1:36:34

>> A recess is declared in today's hearing until

1:36:37

10:45; we will continue after that

1:36:42

everyone stand

1:36:50

>> They have gone through

1:37:03

Thirteenth

1:37:05

of the department as well

1:37:06

>> Thirteenth.

1:37:07

>> Thirteenth.

1:37:09

From volume one.

1:37:11

In due course, a request

1:37:14

to the deputy head of the directorate for

1:37:15

the investigation of crimes against

1:37:17

state authority and in the economic sphere

1:37:20

to Vasilyev

1:37:22

from the head of the directorate

1:37:23

for the organization of expert activities

1:37:25

of the Main Directorate of Criminalistics

1:37:27

Masheev, stating that

1:37:29

the expert opinion dated October 15

1:37:31

2012, No. 24664f, is being forwarded

1:37:34

in criminal case No. 20113 06811

1:37:39

and it is indicated that in the appendices

1:37:42

to the expert opinion, the date under the

1:37:44

stated number is given on thirty sheets

1:37:46

appendix to the said opinion on

1:37:48

twenty sheets; appendix No. 2

1:37:50

on twenty-four sheets; No. 3 on 27

1:37:54

appendix No. 4 on twenty-four

1:37:57

sheets; appendix No. 5 on three

1:37:59

sheets; the expert opinion itself on six

1:38:02

sheets, 157 sheets in total, packed in

1:38:04

one paper envelope; seven experts

1:38:08

also delivered are three optical discs

1:38:10

packed in three paper envelopes,

1:38:12

sealed with the experts' signatures.

1:38:15

Directly

1:38:18

from page 2 through 158

1:38:23

of the case file.

1:38:28

So, the forensic audio examination report.

1:38:30

On page two, the signatures of

1:38:33

Fomichyova, Ignatova, Kolesnichenko, and

1:38:35

Grebennikova, according to which

1:38:42

and

1:38:43

in accordance with Article 199

1:38:45

of the Criminal Procedure Code of the Russian Federation, the rights and

1:38:47

responsibility of an expert provided for

1:38:48

by Article 57

1:38:49

of the Criminal Procedure Code

1:38:50

of the Russian Federation were explained; they were informed of

1:38:52

liability for giving a knowingly false

1:38:53

opinion under Article 307

1:38:56

of the Criminal Code of Russia. They

1:38:57

were warned.

1:39:00

The examination was conducted during the period from August 27

1:39:02

August

1:39:04

2012 to October 15, 2012.

1:39:09

senior expert of the department of forensic audio

1:39:10

examinations of the directorate for the organization

1:39:12

of forensic expert activities

1:39:13

of the Main Directorate of Criminalistics

1:39:15

of the Investigative Committee of the Russian

1:39:16

Federation, having higher

1:39:18

education, senior expert, with work experience in

1:39:21

the field of forensic audio analysis of 20 years

1:39:23

senior expert of the department of forensic audio

1:39:25

examinations of the same directorate

1:39:28

...natova, who has a higher education degree

1:39:30

senior expert work in the field of

1:39:32

forensic phonoscopic analysis for 7 years, senior

1:39:33

expert of the phonoscopic examinations department

1:39:35

of this same directorate

1:39:36

Kolesnichenko, who has a higher education degree

1:39:39

senior expert with work experience in the field of

1:39:40

forensic phonoscopy for 4 years, and senior

1:39:42

expert of the phonoscopic department

1:39:44

of this same directorate

1:39:46

Grebelnikova has a higher education degree

1:39:48

senior expert work in the field of

1:39:50

forensic phonoscopic analysis for 3 years. On the basis of

1:39:52

the order appointing the examination dated 24

1:39:54

August 2012 by investigator

1:39:56

named Akhmetov, based on the materials of criminal

1:39:58

case No. 2011 ro736811

1:40:02

conducted a forensic phonoscopic

1:40:03

examination. Submitted for examination were

1:40:05

the order appointing

1:40:07

this examination, a copy of the record

1:40:09

of inspection and listening to the audio recording dated 8

1:40:11

August 2012, and two optical

1:40:13

CD-R discs with factory serial

1:40:15

numbers. The first: CDR80 IG

1:40:20

SCR 39805

1:40:22

and the second disc with factory serial

1:40:24

number CDR80307

1:40:27

0724, packed in a single paper envelope.

1:40:30

Also submitted were free

1:40:31

voice samples of Navalny and Ofitserov

1:40:33

submitted on a disc in DVD format

1:40:35

No. 54A4

1:40:40

and on 27 September 2012

1:40:43

the following were submitted for examination

1:40:44

additional voice and speech samples

1:40:46

of Ofitserov. The experts were asked

1:40:49

the following questions: to establish the verbatim

1:40:50

content of the conversations, the digital audio

1:40:52

recordings of which are contained in the file

1:40:53

recorded on the working layers

1:40:54

of the two optical discs submitted for expert examination

1:40:56

in CD format with

1:40:57

the above-mentioned numbers; whether

1:41:00

the utterances submitted for expert examination

1:41:01

of the participants in the conversation are suitable for

1:41:02

identifying the participants in the conversation by

1:41:04

voice and sounding speech; whether the voice

1:41:07

and sounding speech in the submitted

1:41:08

audio recordings submitted for expert examination

1:41:09

of the conversations belong to Navalny and Ofitserov; whether the samples

1:41:11

of oral speech that were submitted for

1:41:12

examination contain any signs of editing or

1:41:15

other changes introduced during the process of

1:41:16

recording or after its completion

1:41:18

in the materials submitted for expert

1:41:19

examination, namely the audio recordings of the conversations

1:41:25

From the description of the materials it follows that

1:41:27

the materials were received in sealed packaging

1:41:29

bearing stamped seals; the packaging

1:41:32

was in the form of a paper envelope bearing an imprint

1:41:34

of a round blue seal with the text

1:41:37

Federal Security Service

1:41:38

Directorate for Kirov Region, for

1:41:39

packages No. 1. On the front side there is

1:41:41

handwritten text with the results of operational-search measures

1:41:45

and also a blue seal with the text

1:41:47

Investigative Committee of the Russian Federation

1:41:48

Main Investigative Directorate, for

1:41:49

packages No. 7

1:41:52

On the flap there is handwritten text

1:41:55

criminal case No. 2011/713 06811 112

1:41:59

CD-R compact discs with audio recordings

1:42:01

of telephone conversations obtained

1:42:03

by an FSB officer in Kirov Region

1:42:04

during operational-search measures in relation to

1:42:06

Navalny and Ofitserov, bearing the signatures

1:42:09

of attesting witnesses and three illegible signatures,

1:42:11

made

1:42:13

in blue ink.

1:42:17

Two

1:42:19

optical discs were removed from these packages. For convenience,

1:42:20

they were designated by the experts as disc 1 and disc

1:42:23

2. The first disc bears the inscription

1:42:26

Declassified, order No. 3/2532

1:42:30

17/07/12, registration No. 309

1:42:34

S 0806 10, made in black and blue ink

1:42:38

respectively.

1:42:42

The disc has serial number CDR 80N3307.

1:42:46

No mechanical damage was found.

1:42:48

The second disc.

1:42:51

Also contains handwritten text.

1:42:52

Declassified, order No. 3/2532

1:42:55

dated 17 July 2012, No. 267S.

1:43:02

Contains holographic markings,

1:43:05

has

1:43:07

its own serial number as well: CDR80 IG SCR

1:43:11

39805.

1:43:17

What was used? In resolving the questions posed

1:43:19

questions

1:43:21

a standard workstation was used,

1:43:23

and there were used

1:43:25

standard

1:43:27

hardware and software tools, application software

1:43:32

an expert system for forensic

1:43:33

identification of speakers from phonograms

1:43:35

of oral speech, Phanexi, and special

1:43:38

software for

1:43:39

forensic examination of the binary

1:43:41

structure of files of digital

1:43:42

audio and video recordings, Dumps.

1:43:48

Package No. 3 also contained

1:43:50

a paper envelope submitted

1:43:53

with handwritten text, uh, containing

1:43:55

the handwritten text: voice and speech samples

1:43:56

of Ofitserov on a CD-R disc

1:43:59

Philips, criminal case No. 2011/7168

1:44:02

submitted by investigator Alexei, and one

1:44:04

illegible signature. This disc also

1:44:07

was removed from the indicated packaging. There are

1:44:11

on

1:44:12

the disc, along the center hole, the digits

1:44:15

and letters LH3117

1:44:17

and Gin 1108 55 7228D1.

1:44:23

On the side of the working surface, along

1:44:25

the center hole, there is also

1:44:27

the number R80 CWHT

1:44:32

1056 9025.

1:44:36

When identifying the objects of the examination

1:44:38

by the experts

1:44:39

for

1:44:42

convenience

1:44:44

the speakers' voices were designated as M1,

1:44:46

M and G.

1:45:02

So, 7che 74

1:45:12

go on, go on

1:45:16

go on, go on.

1:45:27

somewhere around 140, apparently

1:45:31

appendix.

1:45:42

Okay, guys, no, I can't see it.

1:45:50

From page fifty-two of the report.

1:45:52

Page fifty-two of the report.

1:45:58

Look at the secon-

1:46:04

fifty-second. Rea- go on

1:46:13

go on. Yes, yes, yes. Carefully.

1:46:20

So, well, based on the results

1:46:23

of the examination conducted, the following were made

1:46:25

the following conclusions.

1:46:28

>> Case file sheet

1:46:30

twenty-seven, reverse side.

1:46:35

The conclusions contain the following.

1:46:37

A verbatim record of the conversations,

1:46:39

recorded on the audio recordings,

1:46:40

stored on the disc with factory

1:46:41

serial number CDR80G

1:46:44

STR3985

1:46:46

and the disc with factory serial number

1:46:47

CDR80М33070724

1:46:51

is presented in Appendix No. 1 to

1:46:53

this report. The utterances of the persons

1:46:55

recorded on the audio recording located

1:46:57

on disc No. 267 in folder 011029 with the aud-

1:47:02

58903

1:47:05

designated in the established transcript of the phonogram

1:47:06

as suitable for conducting

1:47:09

identification examinations by voice

1:47:11

and speech based on a limited group of features due to

1:47:12

background noise.

1:47:15

M1 is suitable for conducting

1:47:16

identification examinations by voice

1:47:18

and speech. The utterances of the persons were recorded on

1:47:20

the phonogram located on disc No. 267

1:47:22

in folder 0209 929, audio file 93BTs

1:47:26

3003, designated in the established text

1:47:28

of the phonogram as MZh, also suitable for

1:47:30

conducting identification examinations by

1:47:32

voice and speech. The utterance was recorded on

1:47:35

the phonogram located on disc No. 267

1:47:38

in folder 02092009 in the audio file

1:47:40

702d804

1:47:42

designated in the established text

1:47:44

of the phonogram as 1m21, suitable for

1:47:46

conducting identification

1:47:48

examinations by voice and speech based on

1:47:49

a limited group of features due to

1:47:50

insufficient duration and lexical

1:47:53

representativeness. M2 is suitable for

1:47:55

conducting identification

1:47:56

examinations by voice and speech. The utterances

1:47:58

of the persons are recorded on the phonogram,

1:48:00

located on disc No. 267 in folder

1:48:02

020929 in audio file 707304

1:48:05

designated in the established text

1:48:07

of the phonogram as M1M2, suitable for

1:48:09

conducting identification

1:48:10

examinations by voice and speech. The utterances

1:48:13

of the persons were recorded on the phonogram

1:48:15

located on disc 267 in folder 0210129

1:48:20

in audio file 82003

1:48:23

designated in the established text

1:48:24

of the phonogram as 1m

1:48:26

suitable for conducting

1:48:28

identification examinations by voice

1:48:29

and speech based on a limited group of features

1:48:31

due to insufficient, insufficient

1:48:33

duration and lexical

1:48:35

representativeness. M1 is unsuitable for

1:48:37

conducting identification

1:48:38

examinations by voice and speech due to

1:48:40

short duration and

1:48:41

lack of representativeness.

1:48:43

The utterance of the person was recorded on

1:48:44

the phonogram located on the specified disc

1:48:46

in folder 0210129 in audio file 8329203

1:48:52

designated in the established text

1:48:53

of the phonogram as and M1M, suitable for

1:48:55

conducting identification

1:48:57

examinations by voice and speech. M1 is also

1:48:59

suitable for conducting the specified

1:49:00

identification examinations. The utterance

1:49:03

RIR was recorded on the phonogram

1:49:04

located on disc 267 in folder 050829

1:49:08

in audio file 6DF302

1:49:12

unsuitable for conducting

1:49:13

identification examinations by voice

1:49:15

and speech due to short duration

1:49:16

and lexical non-representativeness.

1:49:19

The utterances of the persons were recorded on the phonogram

1:49:21

located on disc 267 in folder 050829

1:49:24

in audio file 8C 7F F33, designated in

1:49:28

the established text of the phonogram as M

1:49:31

unsuitable for conducting

1:49:32

identification examinations by voice

1:49:34

and speech due to short duration

1:49:35

and lexical non-representativeness. M1

1:49:38

is suitable for conducting

1:49:39

identification examinations by voice

1:49:40

and speech based on a limited group of features due to

1:49:42

insufficient duration and

1:49:44

lexical representativeness. The utterances

1:49:46

of the persons were recorded on the phonogram

1:49:48

located on disc 267 in folder 050829

1:49:52

in audio file 923

1:49:54

2a003, designated in the established text

1:49:57

of the phonogram as

1:49:59

M is suitable for conducting

1:50:00

identification examinations by voice

1:50:02

and speech. 1 is suitable for conducting

1:50:04

identification examinations by voice

1:50:06

and speech based on a limited group of features due to

1:50:09

insufficient duration

1:50:11

and lexical representativeness. The utterances

1:50:13

of the persons were recorded on the phonogram on disc

1:50:16

267 in folder 060829 in audio file

1:50:21

7528003

1:50:23

designated in the established text

1:50:24

Phonograms such as M1

1:50:28

suitable for conducting

1:50:29

identification examinations based on voice

1:50:31

and speech; 1 is also suitable for the specified

1:50:33

identification examinations. The utterances

1:50:35

of the individuals are recorded on the phonogram

1:50:38

located on disk No. 267 in folder

1:50:41

060829 and in audio file ET64702

1:50:46

as designated in the established text

1:50:47

Phonograms such as I1M are suitable for

1:50:50

conducting identification

1:50:51

examinations

1:50:53

1 is also suitable for conducting

1:50:55

identification examinations based on voice

1:50:57

and speech. The utterances of RI are recorded on

1:50:58

the phonogram on disk 267 in folder 1082009

1:51:01

in audio file CЦ75702

1:51:05

as designated in the established text

1:51:06

Phonograms such as M and M1M are suitable for

1:51:09

conducting identification

1:51:10

examinations based on voice and speech on

1:51:11

a limited set of features due to

1:51:13

insufficient duration and lexical

1:51:15

representativeness. M1 is unsuitable for

1:51:17

conducting identification

1:51:18

examinations based on voice and speech due to

1:51:20

the short duration and lexical

1:51:21

non-representativeness

1:51:23

the individuals' utterances are recorded on the phonogram

1:51:25

located on disk No. 267 in folder

1:51:27

11829

1:51:28

in audio file B978EЕ2

1:51:32

as designated in the established text

1:51:34

Phonograms such as M are suitable for conducting

1:51:35

identification examinations based on voice

1:51:37

and speech; 1 is also suitable for conducting

1:51:40

identification examinations based on voice

1:51:41

and speech. The utterance of DIT is recorded on

1:51:44

the phonogram located on disk 267 in

1:51:46

folder 11829, audio file BA5102

1:51:50

as designated in the established text

1:51:51

Phonograms such as M are suitable for conducting

1:51:54

identification examinations based on voice

1:51:55

and speech; 1 is suitable for conducting

1:51:57

identification examinations based on voice

1:51:59

and speech on a limited set of features due to

1:52:00

insufficient duration and

1:52:02

lexical representativeness.

1:52:05

The individuals' utterances are recorded on the phonogram

1:52:07

located on disk 267 in folder 120829

1:52:10

in audio file 84Cб03

1:52:13

as designated in the established text

1:52:14

A phonogram such as M is suitable for conducting

1:52:16

identification examinations based on voice

1:52:18

and speech; 1 is also suitable for conducting

1:52:20

the specified identification examinations

1:52:22

the utterances of the persons are recorded on

1:52:23

the phonogram located on disk 267 in

1:52:25

folder 130829, audio file 6D188003

1:52:30

as designated in the established text

1:52:31

A phonogram such as M is unsuitable for

1:52:33

conducting identification

1:52:34

examinations based on voice and speech due to

1:52:36

the short duration and lexical

1:52:37

non-representativeness. M1 is suitable for

1:52:40

conducting identification

1:52:41

examinations based on voice and speech. The individuals' utterances

1:52:43

are recorded on the phonogram located

1:52:44

on disk 267 in folder 130829 in audio

1:52:47

file 852д303

1:52:51

as designated in the established text

1:52:52

Phonograms such as M are suitable for conducting

1:52:54

identification examinations based on voice

1:52:56

and speech on a limited set of features due to

1:52:58

insufficient duration

1:52:59

and lexical non-representativeness. M1

1:53:02

is suitable for conducting

1:53:03

identification examinations based on voice

1:53:05

and speech on a limited set of features also as a result of

1:53:07

insufficient duration

1:53:09

and lexical representativeness. The utterances of RI

1:53:12

are recorded on the phonogram located on

1:53:13

disk 267 in folder 15829 in audio file

1:53:17

4б2304

1:53:19

as designated in the established text

1:53:21

Phonograms such as M1 are suitable for

1:53:23

conducting identification

1:53:24

examinations based on voice and speech on

1:53:25

a limited set of features due to

1:53:27

insufficient duration and lexical

1:53:29

representativeness. M2 is suitable for

1:53:31

conducting identification

1:53:32

examinations based on voice and speech on

1:53:33

a limited set of features due to

1:53:35

insufficient duration and lexical

1:53:37

representativeness. The individuals' utterances

1:53:39

are recorded on the phonogram, located

1:53:40

on disk 267 in folder 190829 in audio

1:53:44

file 6A8F602

1:53:46

as designated in the established text

1:53:48

A phonogram as such is suitable for conducting

1:53:50

identification examinations based on voice

1:53:52

and speech. M1 is suitable for conducting

1:53:54

identification examinations based on voice

1:53:55

and speech on a limited set of features due to

1:53:57

insufficient duration

1:53:59

and lexical representativeness. The utterances

1:54:01

of the individuals are recorded on the phonogram

1:54:02

located on disk 267 in folder 190829

1:54:06

in audio file C27БP302, as designated

1:54:09

in the established text. Phonograms such as M

1:54:11

suitable for conducting

1:54:13

identification examinations based on voice

1:54:15

and speech, and are also suitable for

1:54:18

conducting identification

1:54:19

examinations based on voice and speech. The utterances of RID

1:54:21

are recorded on the phonogram located

1:54:23

on disk 267 in folder 20829

1:54:26

in audio file 6803

1:54:29

as designated in the established text

1:54:30

A phonogram such as M is suitable for conducting

1:54:33

identification examinations based on voice

1:54:34

and speech on a limited set of features

1:54:36

due to insufficient duration

1:54:38

and lexical representativeness. M2 is also

1:54:40

suitable for conducting

1:54:41

identification examinations based on voice

1:54:43

and speech on a limited set of features due to

1:54:44

insufficient duration and lexical

1:54:47

representativeness of the speakers’ utterances

1:54:49

recorded on the phonogram are located

1:54:50

on disc 267 in folder 2082009 and in the audio

1:54:53

file 1

1:54:57

6E002, designated in the established

1:54:59

phonogram transcript as M, is suitable for

1:55:00

conducting examinations of voice

1:55:02

and speech based on a limited group of features

1:55:04

insufficient duration and lexical

1:55:06

representativeness

1:55:07

M1 are suitable for conducting examinations

1:55:10

of voice and speech. The speakers’ utterances

1:55:11

recorded on the phonogram located

1:55:13

on disc no. 267 in folder 210829 in

1:55:16

audio file 899D3

1:55:20

designated in the established text

1:55:21

of the phonogram as KKM, is suitable for conducting

1:55:23

identification examinations of voice

1:55:25

and speech. M1 are suitable for conducting

1:55:27

identification examinations of voice

1:55:28

and speech. The speakers’ utterances are recorded on

1:55:30

the phonogram located on disc 267 in

1:55:32

folder 260829 in audio file 535004

1:55:37

designated in the established phonogram transcript

1:55:38

as 1, suitable for conducting

1:55:40

identification examinations of

1:55:41

voice and speech based on a limited group

1:55:42

of features due to insufficient

1:55:44

duration and lexical

1:55:45

representativeness. M2 is suitable for

1:55:47

conducting identification examinations

1:55:49

of voice and speech based on a limited group of

1:55:50

insufficient

1:55:52

lexical representativeness. The utterance

1:55:54

of the person is recorded on the phonogram

1:55:56

located on disc no. 309 in folder

1:55:58

040210 in audio file 7FDF6003

1:56:02

designated in the established text

1:56:03

of the phonogram as M, suitable for conducting

1:56:06

identification examinations of voice

1:56:07

and speech based on a limited group of features due to

1:56:09

insufficient

1:56:10

lexical representativeness

1:56:12

M2 is unsuitable for conducting

1:56:14

identification examinations of voice

1:56:15

and speech due to insufficient quantity

1:56:17

and linguistic non-representativeness

1:56:20

the person’s utterances are recorded on

1:56:21

the phonogram located on disc no.

1:56:23

309 in folder 040210

1:56:26

in audio file 771

1:56:28

5003, designated in the established text

1:56:30

of the phonogram as M, are suitable for conducting

1:56:32

identification examinations of voice

1:56:34

and speech. 1 is suitable for conducting

1:56:36

identification examinations of voice

1:56:37

and speech based on a limited group of features due to

1:56:39

insufficient duration

1:56:40

and lexical representativeness.

1:56:44

Third conclusion. The utterances designated as

1:56:46

M, in the established texts of the phonograms,

1:56:48

located on disc no. 267 in folder

1:56:50

0209

1:56:52

2009, audio file 93BTs3003, in folder

1:56:56

0210129, in audio file 82EAB003, in

1:57:01

folder 021012009, audio file 8329203

1:57:07

in folder 050829

1:57:09

in audio file 9232A003

1:57:12

in folder 060829

1:57:14

in audio file B752803

1:57:18

in folder 060829

1:57:20

in audio file CA64702

1:57:24

in folder 10829, in audio file CC75702

1:57:29

in folder 1182009

1:57:32

in audio file B978EE00002

1:57:35

in folder 11082009, in audio file BA

1:57:39

75102

1:57:40

in folder 120829, in audio file 844

1:57:45

CEB003

1:57:46

in folder 190829, in audio file 6A8F

1:57:51

602, in folder 190829

1:57:54

in audio file C27B2

1:57:57

in folder 20829

1:57:59

in audio file 680EC003, in folder 2082009

1:58:05

in audio file BF16EE002

1:58:07

in folder 21082009

1:58:10

in audio file 899D5003

1:58:14

belong to Navalny. Samples of oral

1:58:16

speech that were submitted for expert

1:58:18

examination. The utterances designated as

1:58:20

M in the established texts of the phonograms,

1:58:22

located on disc no. 309 in folder

1:58:25

040210

1:58:27

in audio file 7FDF603, in folder 040210

1:58:32

in audio file 7715003

1:58:35

belong to Navalny. Samples of oral

1:58:37

speech that were submitted for

1:58:38

expert examination.

1:58:40

The utterances designated as M.

1:58:43

In the established texts of the phonograms

1:58:45

located on disc 267 in folder

1:58:47

0112009

1:58:48

in audio file 5D895003

1:58:51

in folder 13082009

1:58:54

in audio file 852DD303

1:58:58

probably belong to Navalny. To resolve

1:59:00

the question of whether Navalny’s voice and speech are present

1:59:01

on the phonograms located

1:59:03

on disc 267 in folders 050829

1:59:07

in audio file 6DF32

1:59:10

also in folder 050829, in audio file

1:59:13

8C7F3, in folder 130829, in audio file 6D

1:59:20

188

1:59:22

003, is not possible for the reasons

1:59:24

set out in the analytical

1:59:25

part of the report. On the phonograms

1:59:27

located on disc 267 in folder

1:59:29

02092009, in audio file 702804

1:59:34

in folder 020929, in audio file 70734

1:59:39

in folder 15829

1:59:41

in audio file 4B223

1:59:45

204, in folder 260829

1:59:48

in audio file 535004

1:59:51

Navalny’s voice and speech, Navalny’s voice and speech

1:59:53

are absent. The utterances designated

1:59:56

as M1 in the established texts of the phonograms

1:59:58

located on disc 267 in folder

2:00:00

011102009 in audio file 5D895003

2:00:06

in folder 02092009, in audio file 702804

2:00:11

in folder 020929, in audio file 7074

2:00:16

in folder 021029

2:00:18

in audio file 8329203

2:00:21

in folder 06082009, in audio file 752803

2:00:26

in folder 06082009, in audio file 64702

2:00:31

in folder 110829

2:00:34

in audio file 978002

2:00:37

in folder 11829, in audio file A 75120

2:00:43

in folder 120829

2:00:46

in audio file 84CEB 003, in the folder

2:00:49

130829, in audio file 6D 188

2:00:55

003, in folder 130829, in audio file 852D

2:00:59

3003, in folder 190829, in audio file 6A8F

2:01:04

602, in folder 20829, in the audio

2:01:08

file BF16 6E002, in folder 2108.2009

2:01:13

in file 899d

2:01:17

belong to Officerov: samples of spoken speech,

2:01:20

which have been submitted for expert

2:01:21

examination. The utterances are designated as M1

2:01:24

in the established transcript of the phonogram,

2:01:26

located on disc no. 309 in folder

2:01:28

040210

2:01:30

in audio file 771203

2:01:34

belong to Officerov: samples of spo

2:01:36

ken speech, which have also been submitted for

2:01:37

expert examination. The utterances

2:01:39

are designated as 1 in the established transcripts

2:01:41

of the phonograms located on disc 267 in

2:01:43

folder 05082009

2:01:46

in audio file 8C 7F3

2:01:49

in folder 050829, in audio file 9232A003

2:01:55

in folder 150829, in audio file 4B23004

2:02:00

in folder 260829

2:02:02

in audio file 535004

2:02:06

probably belong to Officerov: samples

2:02:08

of spoken speech, which have been submitted for

2:02:09

expert examination. To resolve the question of

2:02:12

the presence of Officerov's voice and speech on

2:02:13

the phonograms located on disc

2:02:15

no. 267, in folder 021012009, in audio

2:02:18

file 82 EAB003, in folder 050829, in

2:02:24

audio file 6DF 3002, in folder 10829, in

2:02:29

audio file Cts 757002

2:02:32

is not possible for the reasons

2:02:34

set out in the analytical section

2:02:35

of the report; to resolve the question of the presence

2:02:37

of Officerov's voice and speech on the phonogram

2:02:39

located on disc no. 309, in folder

2:02:41

040210

2:02:43

in audio file 7FDF6003

2:02:46

is not possible for the reasons

2:02:48

set out in the analytical section

2:02:49

of the report, on the phonograms located

2:02:52

on disc 267, in folder 020929, in audio

2:02:55

file 93BC 303, in folder 190829, in audio

2:03:00

file C27B2

2:03:03

in folder 20829

2:03:05

in audio file 680 ETs003, Officerov's voice and speech

2:03:09

are not present. Fourth conclusion.

2:03:12

No signs of editing and/or alterations

2:03:13

made during the recording process or after

2:03:15

its completion, in the conversations recorded

2:03:17

on the phonograms located on the disc

2:03:19

with factory serial number CDR80 IG,

2:03:24

SCR39805

2:03:26

and the disc with factory serial number CDR

2:03:28

80M33070724

2:03:31

have been detected. The expert report is signed

2:03:34

by all four experts: Fomichyova,

2:03:36

Ignatova and Kolesnichenko, Dominika. Each

2:03:38

sheet. On pages 39 through 100

2:03:42

of the phonoscopic

2:03:47

examination.

2:03:58

Volume thirteen, case file page 195

2:04:05

198

2:04:07

ruling on the appointment of a comprehensive

2:04:09

psychological and linguistic forensic

2:04:10

examination. November 28, 2012, city of

2:04:13

Moscow. Senior investigator for

2:04:14

particularly important cases of the Third Investigative

2:04:16

Department of the Directorate for the Investigation of Particularly

2:04:17

Important Cases concerning crimes against

2:04:19

the state in the economic sphere of the Main

2:04:20

Investigative Directorate of the Investigative Committee

2:04:21

of the Russian Federation

2:04:23

Mini Akhmetov, having reviewed the materials

2:04:24

of criminal case no. 2011/71368

2:04:28

-1, ordered the appointment of a comprehensive

2:04:30

psychological and linguistic forensic

2:04:31

examination, the conduct of which

2:04:32

is to be entrusted to experts of the non-profit

2:04:34

partnership Southern Expert Center, city of

2:04:36

Volgograd, to expert psychologist Kislyakov

2:04:38

Viktor Petrovich and expert linguist

2:04:40

Eonova Svyatona Valentina. The following questions were put before the

2:04:42

expert:

2:04:44

what are the main topics of the conversations

2:04:46

submitted for expert

2:04:47

examination? What is the subject matter

2:04:48

of the conversations submitted for expert

2:04:50

examination? What are the goals of Navalny

2:04:52

and Officerov in the conversations under study? What is

2:04:53

the level of activity in the conversations under study

2:04:55

of each of the participants, taking into account

2:04:57

the content and context of the conversations between

2:04:59

Navalny and Officerov, as well as their

2:05:00

linguistic and paralinguistic

2:05:02

features, what is the nature

2:05:04

of the relationship between Navalny and

2:05:05

Officerov. Taking into account the content,

2:05:07

the linguistic

2:05:09

and paralinguistic features

2:05:11

of the conversations of Navalny and Officerov, as

2:05:12

well as their speech behavior, are there any

2:05:14

signs that the participants in the conversation are in a dependent position

2:05:15

with respect to one another or to third

2:05:17

parties? Do the participants in the conversation

2:05:20

submitted for expert

2:05:21

examination, express inducements to commit

2:05:22

any actions or omissions

2:05:23

addressed to one another? Do the

2:05:25

participants in the conversations have a shared

2:05:27

understanding and mutual comprehension of

2:05:28

the topics under discussion? Do the

2:05:30

participants in the conversations show signs

2:05:32

of surprise or indignation at the other person's words

2:05:33

the participant in the conversation? Do the

2:05:36

participants in the conversations submitted for

2:05:37

expert examination show signs

2:05:39

that the topics being discussed were concealed, based on the

2:05:41

linguistic and paralinguistic

2:05:43

features of the conversations under examination?

2:05:45

Do they contain any signs that

2:05:47

indicate an interest and

2:05:48

an agreement between Navalny and Ofitserov

2:05:50

to obtain benefit from the activities and

2:05:51

management of kogubkirofrez

2:05:53

for the Vyatka Timber Company? At the

2:05:55

experts' disposal were provided

2:05:56

a copy of this ruling, two

2:05:58

CD-R optical discs containing

2:06:00

the originals of the results of the operational-investigative

2:06:02

measure involving the interception of telephone

2:06:03

conversations, packed in one paper

2:06:05

package sealed with the seal used for packages by the

2:06:07

Seventh Main Investigative

2:06:08

Directorate of the Investigative Committee

2:06:09

of the Russian Federation, with the signatures of the persons involved.

2:06:11

A copy of expert opinion No. 24664F

2:06:14

dated October 15, 2010, in

2:06:16

Appendix No. 1 to the opinion, totaling

2:06:17

fifty pages. A copy of a letter from the

2:06:19

administration of the government of Kirov Region

2:06:21

signed on behalf of adviser to the

2:06:22

Governor of Kirov Region, Navalny

2:06:24

under outgoing No. 1 0107L dated May 21

2:06:29

2009, addressed to the president of

2:06:32

Solikamskbumprom, Baranov. A copy of the

2:06:33

order to bring Opolev as an

2:06:35

accused person. A copy of the record of

2:06:37

the interrogation of the accused Opolev dated October 16

2:06:39

2012. A copy of the record of

2:06:40

Navalny's interrogation dated June 8

2:06:42

2011, a copy of the record of

2:06:44

the additional interrogation of Navalny dated February 15

2:06:47

2012, a copy of the

2:06:48

record of Ofitserov's interrogation dated August 8

2:06:50

2010, a copy of the record of the interrogation of

2:06:52

Ofitserov dated June 6

2:06:54

2011, a copy of the record of

2:06:56

the additional interrogation of Ofitserov dated February 16

2:06:58

2012, a copy of the

2:06:59

record of Arzamassov's interrogation on five

2:07:01

pages, a copy of the record of Cherchkov's interrogation

2:07:03

a copy of the record of Bastrygina's interrogation

2:07:05

The experts were advised of their rights and duties

2:07:08

under Article 57 of the

2:07:09

Criminal Procedure Code

2:07:10

of the Russian Federation; they were warned

2:07:12

of criminal liability for

2:07:13

under Article 307 of the Criminal

2:07:15

Code for knowingly giving a false

2:07:16

opinion. The ruling was signed

2:07:19

by investigator Mini Akhmetov.

2:07:24

Section 213.

2:07:34

Investigator for particularly important cases

2:07:37

of the Main Investigative Directorate, Major of

2:07:38

Justice Pishchulin, sends a request to the

2:07:42

lawyer of the Moscow City Bar Association

2:07:43

of Advocates

2:07:45

Dalet Uvedomlyat.

2:07:48

Sorry, that's not it. 212 has already been read out.

2:07:51

213

2:07:52

investigator Mini Akhmetov sends

2:07:54

to the head of the non-commercial partnership

2:07:56

Southern Expert Center, Kislakov

2:08:00

dated November 30, 2012, under

2:08:02

No. 2011/71306811

2:08:06

informing him that for the purpose of conducting a

2:08:08

comprehensive psychological forensic

2:08:10

examination in criminal case No.

2:08:12

2011/7136811

2:08:15

there is being sent an order appointing a

2:08:17

comprehensive psycho-

2:08:18

psychological-linguistic forensic

2:08:20

examination and the materials necessary for

2:08:22

the study,

2:08:23

with the following attached: a copy of the

2:08:25

order, two optical discs

2:08:27

in CD-R format containing the original

2:08:28

results of the operational-search

2:08:30

measure involving the interception of telephone

2:08:31

conversations, and copies of the materials of the

2:08:33

criminal case in accordance with the order on

2:08:35

the appointment of the forensic examination.

2:08:38

Case file pages 214 to 226.

2:08:49

Opinion of the comprehensive

2:08:50

psychological-linguistic examination on

2:08:52

case file page 214.

2:08:56

Cover letter. The General Director

2:08:57

of the Southern Expert Center

2:08:59

Kislakov.

2:09:02

To Mini Akhmetov, dated January 8, 2013,

2:09:05

sends the opinion of the panel of

2:09:06

experts of the comprehensive psycho-

2:09:08

psychological-linguistic forensic

2:09:10

examination No. 002/13 in criminal case

2:09:13

No. 2011/7136811

2:09:16

appointed pursuant to the order of November 28

2:09:18

2012, and encloses two

2:09:21

optical discs

2:09:23

in CD-R format, copies of the criminal case materials

2:09:25

of the case

2:09:28

packed in one paper envelope and

2:09:30

sealed with the imprint of the seal of the said

2:09:32

institution

2:09:35

on case file page

2:09:38

215–216

2:09:42

the acknowledgment signed by experts Kislakov and Ionov

2:09:46

according to which

2:09:48

their rights and duties as experts were explained to them

2:09:50

as provided for by Article 5

2:09:52

7 of the Criminal Procedure

2:09:53

Code of the Russian Federation; they

2:09:55

were warned of liability for

2:09:56

knowingly giving a false opinion under Article

2:09:58

307 of the Criminal Code of the Russian

2:10:01

Federation.

2:10:02

The opinion was prepared in the city of Volgograd

2:10:05

No. 002/13 dated January 8, 2013.

2:10:10

The examination was conducted by an expert

2:10:12

panel consisting of psychologist expert

2:10:14

Kislakov, who has higher education,

2:10:16

who is a certified forensic

2:10:18

expert.

2:10:20

Total professional experience in the specialty: 31

2:10:22

years. Total expert work experience: 30 years.

2:10:25

And also expert linguist Ionova,

2:10:27

who has higher education and an academic

2:10:30

degree,

2:10:32

and is a certified forensic

2:10:34

expert in the relevant expert specialty.

2:10:36

Total professional experience in the specialty: 16

2:10:39

years. Total expert work experience: 10 years.

2:10:43

The examination was conducted during the period from 1

2:10:45

December 2012 to 8 January 2013.

2:10:51

The following questions were submitted

2:10:53

to the panel of experts for resolution. What are

2:10:55

the main topics of the conversations presented

2:10:56

for expert examination? What

2:10:58

is the subject matter of the conversations

2:10:59

submitted for expert

2:11:00

examination? What are the aims of Navalny

2:11:01

and Ofitserov in the conversations under examination?

2:11:04

What is the level of participation in the examined conversations

2:11:05

of each participant, taking into account

2:11:07

the content and context of the conversations between

2:11:08

Navalny and Ofitserov, as well as their

2:11:10

the linguistic and paralinguistic

2:11:11

features; what is the nature

2:11:12

of the relationship between Navalny and

2:11:14

Ofitserov? Taking into account the content,

2:11:16

the linguistic and paralinguistic

2:11:17

features of the conversations of Navalny,

2:11:19

Ofitserov, as well as their speech behavior,

2:11:20

are there signs that the participants were in a dependent position

2:11:22

in relation to one another or

2:11:24

to third parties? Do the participants

2:11:26

in the conversations submitted for

2:11:27

expert examination show any inducement to

2:11:28

commit any actions or refrain from

2:11:30

actions, expressed toward one another?

2:11:32

Do the participants in the conversations have a shared

2:11:34

understanding and mutual comprehension of

2:11:35

the topics under discussion? Do the

2:11:37

participants in the conversation show signs of surprise

2:11:38

or indignation at the words of the other participant

2:11:41

in the conversations? Do the participants

2:11:43

in the conversations submitted for

2:11:44

expert examination show signs

2:11:45

of secrecy regarding the topics discussed, based on

2:11:48

the linguistic and paralinguistic

2:11:50

features of the examined

2:11:52

conversations? Are there any signs in them

2:11:54

that indicate an interest

2:11:56

and agreement between Navalny and Ofitserov in

2:11:57

obtaining benefit from activities in

2:11:58

the management of what appears to be timber for the Vyatka

2:12:00

Timber Company? For the purpose of conducting the

2:12:01

examination, the following materials were submitted:

2:12:04

materials: a copy of the order

2:12:05

appointing the examination, dated 28 November

2:12:07

of the nineteenth year. Two optical

2:12:09

CD-R discs containing the originals

2:12:12

of the results of the operational measure

2:12:15

of telephone interception

2:12:16

packed in one paper envelope and sealed

2:12:18

with the seal impression for the envelope of the investigative

2:12:21

directorate of the Investigative Committee

2:12:22

for the prosecutor's

2:12:26

territory, the Investigative Committee of the Prosecutor's Office

2:12:28

of the Russian Federation, signature; a copy

2:12:30

of expert opinion No. 26464f

2:12:34

dated 15 October 2012 and

2:12:35

Appendix No. 1 to the opinion, totaling

2:12:37

fifty sheets

2:12:45

of the fourth.

2:12:50

>> Thus, in addition to the discs indicated, there were

2:12:52

submitted

2:12:54

a copy of a letter from the administration

2:12:55

of the Government of Kirov Region,

2:12:56

signed on behalf of the governor's adviser

2:12:58

of Kirov Region, Navalny, addressed to

2:13:00

the president of Salyankaprom, Baranov, dated

2:13:02

21 May 2009; a copy

2:13:04

of the order to bring [a person] as

2:13:05

an accused person; a copy of the interrogation record

2:13:08

of the accused Opol, dated 16 October

2:13:10

2011; a copy of the interrogation record

2:13:11

of Navalny, dated 8 June 2011

2:13:13

a copy of the supplementary interrogation of Navalny

2:13:15

dated 15 February 2012; a copy

2:13:17

of the interrogation record of Ofitserov dated 8 August

2:13:20

2011; a copy of the interrogation record

2:13:21

of Ofitserov dated 6 June 2011; a copy

2:13:24

of the record of the supplementary interrogation

2:13:25

of Ofitserov dated 16 February 2012

2:13:27

a copy of the interrogation record of Masov on

2:13:29

five sheets; a copy of the interrogation record

2:13:31

of Shcherchkov and a copy of the interrogation record

2:13:33

of Bastrygina.

2:13:36

A list of literature and methodologies used

2:13:38

in conducting the

2:13:41

examination is provided.

2:13:43

Based on the results of the examination conducted,

2:13:47

conclusions were drawn from sheet 255

2:13:50

reverse side through

2:13:55

>> sheet 260

2:13:59

as follows. The main topics

2:14:01

of the conversation between Navalny and the officer

2:14:02

are as follows: file 5 8950003,

2:14:06

an audit check of suitability

2:14:08

for the position of director. File 82E003

2:14:11

the candidacy of Ofitserov, brulkapleasantly

2:14:13

the state of affairs regarding the removal of Opolev from

2:14:15

office. File 83292003.

2:14:19

An unfavorable state of affairs;

2:14:21

the return of Opliv to the position of

2:14:22

general director. The appointment of Ofitserov to

2:14:24

a managerial position. File 6DF302.

2:14:28

obtaining a crocopy of the interaction

2:14:29

between the participants in the conversation, file 87F3

2:14:33

about prices in the report; poaching

2:14:35

of clients by employees of GGUbkirovles, file

2:14:37

9232A003

2:14:39

provocation into conflict; assessment of what is stated in

2:14:41

the report; refutation of the report, file B7528003

2:14:46

dismissal of Opoleva's daughter from the organization

2:14:48

of the forestry department in Kaluga Region

2:14:49

sale of timber in Kaluga Region

2:14:52

file 64702

2:14:54

poaching of clients and managers of LK and

2:14:56

Kogubkerov Les: cessation of operations

2:14:59

of VLK and Kogobka Rafles. File

2:15:01

Sts2,

2:15:03

meeting with auditors. File B978E002

2:15:06

harsh criticism directed at management

2:15:08

Kirofles and the auditor; transfer of contracts

2:15:10

from Kagubka Kirofles to VLK; shipments at

2:15:13

below-market prices. File: Oplev's departure with

2:15:15

an unnamed man to Chechnya.

2:15:17

Interaction among the participants in the conversation.

2:15:18

File 75102. Departure of Opolev and Votinovo to

2:15:22

Chechnya. Shipment of timber products for VLK.

2:15:24

Interaction among the participants in the conversations.

2:15:26

File 84C

2:15:29

EB 003: penalty for failure to fulfill deliveries.

2:15:31

File 6D 188003: request from the company Vyatka

2:15:35

Akadema Audit for client information. File

2:15:37

852D3

2:15:39

20 discussion of deadlines. File 6A8F602

2:15:42

removal and appointment to a position

2:15:45

formation of a working group; audit

2:15:47

inspection. File

2:15:50

BF16E002

2:15:52

favorable development of events.

2:15:53

Inclusion in the commission of participants in the

2:15:54

scandal. Resolution of important issues. File

2:15:56

899n 503. Signing of the payment schedule,

2:16:00

penalty notices under the disputed matter, again

2:16:02

purchase of tractor units for Kogubka Rofles

2:16:04

bankruptcy of Kogubka Roflets. File 771203

2:16:08

conduct by law enforcement agencies of a

2:16:10

inspection at Kagubka Rofles.

2:16:11

Agreement on a meeting of the participants in the

2:16:12

conversation, a telephone, and a call to a brother.

2:16:15

The main subject of the conversation in

2:16:16

the audio recording in file 5D895003

2:16:20

is a situation connected with

2:16:21

the conduct of an audit at

2:16:22

Kogoles and the approval of the terms of reference for it

2:16:24

the selection of a candidate for the position of

2:16:25

director of this organization; discussion by

2:16:27

Navalny and Sochkov of the candidacy of a man

2:16:29

named Vasya; Shchekov's view that

2:16:30

Vasya is not suitable for the position of

2:16:32

director of Gubkerovs. Officerov's view that

2:16:34

the appointment of Vasya as

2:16:35

director of this organization

2:16:36

corresponds to the goal that Officerov

2:16:38

and Navalny discussed earlier. The main

2:16:40

subject of the conversation in the audio recording, file

2:16:41

82 EAAB 003, is a situation connected

2:16:44

with the troubled state of affairs at Kagubka

2:16:46

Rafle, with Oliv being removed from the position of

2:16:48

general director of Brofles, and the inability of

2:16:49

a man named Vasya to cope with

2:16:51

the problematic situation in this

2:16:52

organization; discussion by Navalny

2:16:54

with Socherkov and Gorgeev of candidates for the

2:16:55

position of head of Rovlesk, and

2:16:57

agreement that Officerov is

2:16:59

the best candidate for this position

2:17:01

The main subject of the conversation in

2:17:02

the audio recording, file

2:17:05

8329223

2:17:08

is a situation connected with the troubled

2:17:10

state of affairs at Kagubkerafre, with

2:17:11

Officerov's forecast that this

2:17:13

organization will cease to exist

2:17:14

in January; Opolev's dismissal from the position of

2:17:16

general director of Fle; discussion of various

2:17:18

candidates

2:17:20

for this position, including

2:17:21

Officerov's candidacy; agreement by

2:17:23

Officerov to become manager of Rofles as

2:17:25

acting general director, but without real

2:17:27

responsibility

2:17:28

Navalny's concern that the appointment of

2:17:30

Officerov at Kagubkirofrez would provoke

2:17:31

opposition from the head of the

2:17:33

forestry enterprises and would lead, apparently, to shifting

2:17:36

the company's problems onto Officero

2:17:38

proposal that Officerov take the position of

2:17:39

executive director under Opolev,

2:17:41

to appoint as general director with

2:17:42

representative functions, and also

2:17:44

replace the financial and commercial

2:17:45

directors. Navalny's forecast that

2:17:46

Kogubki Rafles will have to undergo

2:17:48

bankruptcy proceedings. The main

2:17:50

subject of the conversation in the audio recording, file

2:17:52

6DF 3002, is a situation connected with

2:17:55

Officerov being provided with a copy of an

2:17:57

unnamed document, apparently

2:17:58

based on the criminal case materials, likely

2:17:59

a report on the audit of Pki Rofles

2:18:02

Navalny's intention to meet with

2:18:03

Officerov and combine into a single whole

2:18:05

the information they have. The main

2:18:07

subject of the conversation in the audio recording, file

2:18:09

8C7F3

2:18:11

is a situation connected with

2:18:12

Officerov's review of the report on the

2:18:14

audit at Kagub Kirovle, with

2:18:15

Officerov's outrage at the information

2:18:17

presented in the report,

2:18:18

poaching by employees of Kagub

2:18:19

Kirofles of VLK clients; Navalny's advice

2:18:21

to Officerov not to enter into conflict

2:18:23

with employees of Kagub Kirofles, and also

2:18:24

to forbid VLK employees from communicating with

2:18:26

them. The main subject of the conversation in

2:18:29

the audio recording, file 9232a3

2:18:32

is a situation connected with Navalny's advice

2:18:34

to Officerov not to give in to

2:18:35

provocations by employees. Guraplets

2:18:37

to forbid Officerov's employees from

2:18:39

communicating with them; Officerov's review of

2:18:42

the report on the audit inspection; a request

2:18:44

and Officerov's view that in

2:18:45

this report there is no objective

2:18:47

assessment of the situation, that it was prepared on the

2:18:48

basis of the auditor's conversation with

2:18:50

Bastrygina and Opolev; Navalny's intention

2:18:52

and Officerov's to subject this

2:18:54

report to harsh criticism; Navalny's advice

2:18:56

to Officerov to refute negative

2:18:57

information concerning Officerov and

2:18:59

to present everything necessary for that

2:19:00

documents, and Navalny’s promise to indicate

2:19:02

all other information necessary in

2:19:04

this situation, based on the materials

2:19:05

of the criminal case, probably during the discussion

2:19:07

of the audit report at Kagubka

2:19:09

Raffles. The main subject of the conversation in

2:19:11

audio recording file B75 28003 is

2:19:15

the situation related to the dismissal of Bur

2:19:17

from VLK, Navalny’s and Ofitserov’s study

2:19:19

of forestry management practices and

2:19:20

timber speculation in Kaluga Region.

2:19:22

The main subject of the conversation in

2:19:23

audio recording file 64702 is

2:19:26

the situation related to the conduct of

2:19:28

an audit at Kagubkerafles.

2:19:30

The establishment during this audit of

2:19:31

VLK’s counterparties and supply prices, and the possible

2:19:33

transfer, in this connection, of part of VLK’s clients

2:19:35

to Kogubka Rafle, together with forecasts by

2:19:36

Kogubka Rafle employees of the termination

2:19:38

of VLK’s existence, and the poaching of

2:19:40

VLK managers to work at Kagubka

2:19:42

Rofles together with their client base

2:19:43

and Navalny’s confidence that Kagub

2:19:45

Krofle will soon cease its

2:19:46

existence or be subjected to

2:19:48

reorganization. The main subject

2:19:50

of the conversation in audio recording file Ts75702

2:19:53

is the situation related to

2:19:54

the holding of a meeting with the participation of

2:19:56

auditors in connection with the problematic situation

2:19:57

at Kirovles and Navalny’s satisfaction

2:20:00

with the course of events. The main subject

2:20:01

of the conversation in audio recording file B978E002

2:20:05

is the situation related to

2:20:06

the holding of meetings regarding Gogubka RFS

2:20:08

with harsh criticism from Belysh,

2:20:10

Chereshkov, and Navalny directed at

2:20:11

Rzamasov, Bastrygin, and the auditor

2:20:12

who conducted the inspection at Vgurafre, together with

2:20:14

Rzamasov’s willingness to apologize

2:20:15

to VLK for accusations by Kagub against

2:20:17

VLK

2:20:19

the appropriation of a significant portion of contracts

2:20:21

with clients and the purchase of timber products at

2:20:23

below-market prices, Navalny’s advice

2:20:25

to Ofitserov regarding the refutation of

2:20:27

the accusations against VLK, Oplev’s departure with

2:20:29

an unidentified man, and the intention of

2:20:30

Navalny to meet with Ofitserov on

2:20:32

the day after the conversation and

2:20:33

coordinate with him actions aimed

2:20:35

at suppressing opposition from

2:20:37

representatives of Kagubkerovles. The main

2:20:39

subject of the conversation in audio recording file

2:20:41

7502 is the situation related to

2:20:44

the departure of Opolev and Itinov to Chechnya

2:20:45

the discussion in the government of Kirov

2:20:47

Region of interaction involving, as it were, Ropres VLK

2:20:49

Navalny’s defense of VLK’s position, and the intention

2:20:52

of Navalny and Ofitserov to meet and discuss

2:20:53

the state of affairs. The main subject

2:20:55

of the conversation in audio recording file 84003

2:20:58

is the situation related to Ofitserov’s calculation of

2:20:59

the difference between VLK’s orders and

2:21:01

shipments of timber products from

2:21:03

Kogubkirafles. Ofitserov’s intention

2:21:04

to send a letter to Kagubkerofles regarding

2:21:06

a penalty for failure to fulfill the order and, if

2:21:07

necessary, to resolve in court

2:21:09

the issue of monetary compensation for

2:21:10

the unfulfilled order, and Ofitserov’s receipt

2:21:12

of advice from Navalny to send

2:21:13

that letter. The main subject

2:21:15

of the conversation in audio recording file 6D 188003

2:21:19

is the situation related to attempts by

2:21:21

Kogubki Rofles to win back major

2:21:23

clients transferred to VLK, with a request by

2:21:25

the company Vyatka Akademadit to Ofitserov for

2:21:27

identifying information and invoices for

2:21:29

his clients, Ofitserov’s refusal

2:21:30

to provide such detailed

2:21:32

information, and Navalny’s agreement with

2:21:34

such actions by Ofitserov

2:21:36

resulting in Ofitserov forming the intention

2:21:37

to adopt an unspecified solution

2:21:39

to his problem. The main subject

2:21:41

of the conversation in audio recording file 852D30

2:21:44

is the situation related to

2:21:46

Navalny’s intention to discuss with

2:21:47

an unspecified person or persons

2:21:49

the issue that he and Ofitserov had discussed

2:21:51

earlier. The formation in Ofitserov of the view

2:21:53

that the option for resolving the issue

2:21:54

agreed with Navalny is

2:21:55

the most convenient. The main subject

2:21:58

of the conversation in audio recording file 6A8F602

2:22:01

is the situation related to

2:22:02

Navalny’s discussion with Belysh, Chechok, and

2:22:04

the approval of a scenario for further developments

2:22:06

regarding the purchase of Rafrez, предполагающей

2:22:08

the removal of Opolev from the position of

2:22:09

general director, the appointment to the position of

2:22:11

a man named Pyotr

2:22:13

Petrovich, the creation of a working group for

2:22:14

assessing the effectiveness of the enterprise’s work

2:22:16

consisting of Cherchkov, Belousov,

2:22:17

Navalny, and Ofitserov, and Ofitserov’s development of

2:22:20

a work plan for this group,

2:22:22

the commissioning of an audit of Kagubkirafle

2:22:24

with Navalny urging

2:22:25

Ofitserov to show the draft plan

2:22:27

for the work of the said group, appear at

2:22:28

Kagubka Rafle, take an office for this

2:22:30

working group, report the imminent

2:22:31

arrival of Navalny, and begin work on

2:22:33

resolving the problems of the said enterprise

2:22:34

as well as Navalny urging

2:22:35

Ofitserov to fulfill

2:22:37

an unspecified promise about a little house

2:22:39

made to an unnamed person. The main

2:22:41

subject of the conversation in audio recording file

2:22:43

BF16E002

2:22:44

is the situation related to the refusal

2:22:46

to include Ofitserov in the working group for

2:22:48

assessing the effectiveness of Kak Rofles

2:22:50

Ofitserov’s meeting with a man named

2:22:51

Sergei and the conclusion of an unaccredited

2:22:53

the agreement between them, active

2:22:55

activity by a man, Sochitsam Petrovich, in

2:22:56

Kagubka Rafles. Officerov's opinion that

2:22:59

that a favorable development of the situation

2:23:00

eliminates the need to include

2:23:02

officers in the working group,

2:23:04

the identification by the officers of the most significant

2:23:06

tasks facing Navalny and

2:23:08

Officerov, Navalny's intention

2:23:09

to meet with the officer and discuss with him

2:23:11

the details of the matter. The main subject

2:23:13

of the conversation in audio recording file 899d3

2:23:17

is the situation connected with the departure of

2:23:18

Officerov; the signing by the officers of a schedule

2:23:21

of payments, certificates, and fines; the positive

2:23:23

emotions of Navalny in connection with

2:23:24

the signing of these documents; the implementation of

2:23:28

the joint plans of Navalny and Officerov

2:23:30

Officerov's proposal to buy and

2:23:32

resell Kogubki Rofles tractors based on

2:23:34

tank chassis; Navalny's confidence that

2:23:35

Kogubki Rofles would not buy anything

2:23:37

because of the likely

2:23:38

bankruptcy; the need for

2:23:39

Navalny and Officerov to resolve the situation

2:23:40

with that purchase of Rofles in their favor

2:23:43

the main subject of the conversation in

2:23:44

audio recording file 7715203

2:23:48

is the situation connected with the conduct of

2:23:50

law enforcement officers

2:23:52

an inspection regarding the purchase of Rofles, the conversation

2:23:53

of a law enforcement officer with

2:23:55

Officerov and his clients, the communication by

2:23:57

Officerov to law enforcement officers

2:23:59

of information that

2:24:02

the Avyatsk Forestry Company of Avyatsk

2:24:04

Forestry Company is managed by D.Yu. Officerov

2:24:06

the intention of the officers

2:24:07

of law enforcement agencies to speak with

2:24:09

Navalny; Navalny's intention

2:24:10

Officerov

2:24:12

to arrange a meeting with each other.

2:24:13

The materials of the criminal case are presented on

2:24:15

the commission; coincidences and repetitions

2:24:16

of key words denoting organizations

2:24:18

the main participants in the situation under discussion

2:24:20

and their actions, indicate a common

2:24:22

subject matter of the analyzed

2:24:23

conversations, namely the situation

2:24:25

connected with the troubled state of affairs at

2:24:27

Kagubka Rafles, the prediction by

2:24:29

Navalny and Officerov of the imminent

2:24:30

bankruptcy and cessation of operations

2:24:32

of this organization, the conduct of

2:24:33

an audit at Kagulka Kiroflets,

2:24:35

the removal of Opolev from the position of

2:24:37

general director of this organization,

2:24:38

the discussion of various candidates for

2:24:40

this position, including

2:24:41

the candidacy of a man named Vasya and

2:24:43

Officerov. Officerov's agreement to step back

2:24:45

from managing Gutrofles, with the powers of

2:24:47

general director, but without real

2:24:48

responsibility. Navalny's concerns

2:24:50

that appointing Officerov to Kogubkeroflesk

2:24:53

would provoke opposition from

2:24:54

the head of the forestry enterprises and lead to

2:24:56

the shifting of blame for the company's problems

2:24:58

onto Officerov; the poaching of employees

2:25:00

of Kakrov Les, managers, and clients of the forestry company

2:25:03

Navalny's advice to Officerov

2:25:04

regarding his response to such

2:25:06

provocative actions by Kirofles

2:25:09

the holding by the government of Kirov Region

2:25:10

of meetings with auditors in

2:25:12

connection with the problematic situation at Kirovles

2:25:14

the discussion in the government of Kirov Region

2:25:15

of interaction between Kirofle

2:25:17

and the forestry company

2:25:19

accusations by Kakropress against

2:25:20

VLK of appropriating a significant portion

2:25:22

of contracts with clients for the purchase of

2:25:24

timber products at reduced prices

2:25:26

Navalny's defense of the position of the forestry

2:25:28

company; instructions from Navalny

2:25:30

to Officerov regarding the defense of

2:25:31

VLK's position; the intention of Navalny and

2:25:34

Officerov to subject to harsh criticism

2:25:36

the audit report on Gubkirovs

2:25:38

and its authors; Navalny's meetings with

2:25:40

Officerov and their discussion of options

2:25:42

for solving the problem; Officerov's intention

2:25:44

of Navalny to secure Officerov's inclusion

2:25:46

in the working group for assessing

2:25:47

the effectiveness of Kopkirovs and

2:25:49

the instruction to Officerov to draw up a plan

2:25:51

for the work of this group; the refusal to include

2:25:53

Officerov in the working group

2:25:55

Navalny's opinion that

2:25:56

a favorable development of the situation eliminates

2:25:58

the need to include officers in

2:25:59

the working group; the issuing of

2:26:01

a fine to Officerov by Gubkiraflets for

2:26:04

failure to fulfill an order, which is assessed

2:26:05

by Navalny as the implementation of their joint

2:26:08

plans with Officerov; the discussion by

2:26:10

Officerov with Navalny of the possibility of buying

2:26:11

and reselling Kogubkirafles tractors on

2:26:14

tank chassis; the conduct of

2:26:16

an inspection by law enforcement agencies

2:26:18

regarding Kagubki Rafles. Third conclusion. The purpose

2:26:21

of Navalny in the conversation recorded in

2:26:22

audio recording file 5d 89503 was to inform

2:26:26

Officerov about Navalny's discussion with Socherchkov

2:26:29

of the audit at Kogubka Rafles

2:26:31

and of candidates for the position of director of this

2:26:33

organization, in particular a man named

2:26:34

Vasya. Officerov's purpose in the conversation

2:26:36

recorded in the указанном file was to obtain

2:26:39

from Navalny information about the situation

2:26:41

of interest to Navalny and Officerov

2:26:43

and to express the opinion that the appointment of

2:26:44

a man named Vasya as director of this

2:26:46

organization corresponds to the goal

2:26:48

that Officerov and Navalny discussed

2:26:50

earlier.

2:26:51

Navalny's purpose in the conversation recorded

2:26:53

in audio recording file 82 EA003 was to inform

2:26:57

to Ofitserov about his conversation with Shchechok and

2:26:59

Goryev, during which various

2:27:01

candidates for the position of director

2:27:03

of Kirovles were discussed. Inform Ofitserov that

2:27:04

Gorgiyeva considers Ofitserov the best

2:27:06

candidate for this position. The purpose

2:27:08

of Ofitserov in the conversation recorded in

2:27:09

the audio recording in file 82EA003.

2:27:13

Obtain information from Navalny about

2:27:15

the situation that concerns both of them.

2:27:17

Clarify with Navalny who considers

2:27:18

Ofitserov the best candidate for the position

2:27:20

of head of the KOGUP Kirovles enterprise. The purpose

2:27:22

of Navalny in the conversation recorded in

2:27:24

the audio recording in file 832 920 9203.

2:27:28

Inform Ofitserov about the problematic

2:27:30

situation at KOGUP Kirovles and the various

2:27:32

proposals for resolving it, as well as the agreement of

2:27:34

officials of Kirov Region

2:27:35

to appoint Ofitserov as head of

2:27:37

KOGUP Kirovles; express concern that

2:27:39

Ofitserov’s appointment to KOGUP Kirovles

2:27:41

would provoke resistance from

2:27:42

the heads of the forestry enterprises and lead to

2:27:44

the blame for the enterprise’s problems being shifted

2:27:46

onto Ofitserov; express to Ofitserov his

2:27:49

assumption that Kirovles

2:27:50

is about to be subjected to

2:27:51

bankruptcy proceedings.

2:27:53

The purpose of Ofitserov in the conversation recorded

2:27:56

in the above-mentioned file was to express

2:27:57

the assumption that KOGUP Kirovles

2:27:59

would cease to exist in January,

2:28:01

and to inform Navalny of his agreement

2:28:02

to become the manager of KOGUP Kirovles with

2:28:04

the powers of a general director, but without

2:28:05

real responsibility. Propose to

2:28:07

Navalny a solution to the problem under which

2:28:09

Ofitserov would take the position of

2:28:10

executive director. Oplev

2:28:12

would be appointed general director with

2:28:13

representative functions, and

2:28:15

the finance and commercial

2:28:16

directors would also be replaced. The purpose of Navalny in the conversation

2:28:18

recorded in the audio recording in file 6D

2:28:21

FF32 was to inform Ofitserov of his departure.

2:28:24

Obtain information from Ofitserov about

2:28:25

his having been given a copy of an unspecified

2:28:27

document, apparently, based on the criminal case materials,

2:28:28

most likely the report

2:28:29

of the audit conducted at KOGUP Kirovles.

2:28:32

Prompt Ofitserov, after working with this copy

2:28:34

in the evening on the day of the conversation, to call

2:28:36

Navalny, and on the morning of the following day

2:28:37

to meet with him and combine into

2:28:38

a single whole the information they had.

2:28:41

The purpose of Ofitserov in the conversation is recorded

2:28:43

in the above-mentioned audio file was to

2:28:46

inform Navalny of the information he had requested

2:28:48

regarding the receipt of a copy

2:28:49

of an unspecified document, apparently based on

2:28:50

the criminal case materials, most likely

2:28:52

the audit report of KOGUP

2:28:53

Kirovles, and to receive instructions from Navalny

2:28:56

on how to work with this document. The purpose

2:28:57

of Navalny in the conversation recorded in

2:28:59

the audio recording in file 8C 7F3 was to obtain from

2:29:02

Ofitserov information about his impressions

2:29:05

of the audit report at KOGUP

2:29:06

Kirovles. Urge Ofitserov not to enter into

2:29:08

conflict with employees of KOGUP Kirovles.

2:29:10

Forbid BLK employees from communicating with

2:29:12

them. The purpose of Ofitserov in the conversation

2:29:13

is recorded in the audio file 8C7F303.

2:29:17

Inform Navalny of his impressions

2:29:19

of the audit report at

2:29:20

Kirovles. Inform Navalny that in

2:29:22

this report

2:29:24

timber product prices from different periods are being compared.

2:29:25

Inform Navalny about the poaching of

2:29:27

BLK clients by KOGUP employees and about

2:29:30

his own options for resolving this problem.

2:29:32

The purpose of Navalny in the conversation is recorded

2:29:34

in the audio recording in file 9232a003.

2:29:37

Urge Ofitserov not to give in to

2:29:39

provocations by employees of KOGUP Kirovles.

2:29:41

Forbid Ofitserov’s employees from communicating

2:29:42

with them; express to Ofitserov his opinion that

2:29:45

he and Navalny have

2:29:46

the ability to subject to harsh criticism

2:29:48

the audit report on KOGUP

2:29:49

Kirovles and its authors. Urge

2:29:51

Ofitserov to refute the negative

2:29:54

information in the report concerning

2:29:55

Ofitserov, and to provide all documents necessary

2:29:57

for this. State to Ofitserov

2:29:59

that Navalny will indicate all other

2:30:02

information needed in this situation.

2:30:06

The purpose of Ofitserov in the conversation is recorded

2:30:09

in the above-mentioned audio file.

2:30:11

Express to Navalny his opinion that

2:30:13

the audit report on

2:30:15

KOGUP Kirovles lacks an objective

2:30:16

assessment of the situation. It was prepared on the basis

2:30:18

of the auditor’s conversation with

2:30:19

Bastrygina and Oplev; obtain from

2:30:21

Navalny advice regarding

2:30:22

the refutation of the negative information in

2:30:24

the report concerning Ofitserov. The purpose

2:30:26

of Navalny in the conversation is recorded in

2:30:27

the audio recording in file B7528003.

2:30:31

Obtain information from Ofitserov as to

2:30:33

whether Bura resigned from BLK. Obtain from

2:30:35

Ofitserov information about the management of forestry

2:30:37

and timber speculation in Kaluga Region

2:30:38

(a region in Russia). The purpose recorded in the conversation,

2:30:40

as captured in the audio recording in file

2:30:43

B7528003.

2:30:45

Inform Navalny of the information he requested

2:30:47

about Bura’s dismissal from BLK.

2:30:49

Inform Navalny about the management of

2:30:51

forestry and timber speculation in

2:30:52

Kaluga Region (a region in Russia). The purpose of Navalny in the

2:30:54

conversation is recorded in the audio recording

2:30:56

in file

2:30:58

64702. Inform Ofitserov about Navalny’s conversation

2:31:00

with a man named Seryoga.

2:31:02

Obtain information from Ofitserov about

2:31:04

how the auditors learned about

2:31:05

Ofitserov’s counterparties and valuable

2:31:07

shipments. Inform Ofitserov that

2:31:09

Navalny persuaded Shchechkov, and together they

2:31:10

will approach Belykh with a non-specific

2:31:13

question. Ofitserov’s objective in the conversation

2:31:14

recorded in the above-mentioned file

2:31:16

of the audio recording is to obtain from Navalny

2:31:18

information about his conversation with a man named

2:31:19

Seryoga. Explain to Navalny that

2:31:22

the clients planned to be taken away from

2:31:23

VLK are not of major importance.

2:31:25

Inform Navalny of Ofitserov’s intention

2:31:26

to withdraw from the Russian market.

2:31:28

Inform Navalny about

2:31:29

poaching VLK managers along with the client

2:31:31

base in Kaguske Rafres. Induce

2:31:33

Navalny to meet with Ofitserov on

2:31:35

the day after the conversation. Navalny’s

2:31:37

objective in the conversation is recorded in

2:31:38

the audio recording in file Ts75702.

2:31:42

Inform Ofitserov about the holding of a meeting

2:31:44

with the participation of auditors in connection with

2:31:45

the problematic situation at Kirovles.

2:31:47

Express satisfaction with the course of

2:31:49

events. Ofitserov’s objective in the conversation in

2:31:51

the above-mentioned audio file is to obtain from

2:31:53

Navalny the information he is conveying about

2:31:55

the holding of a meeting involving

2:31:56

auditors in connection with the problematic situation

2:31:57

at Kirovles and obtain from Navalny

2:31:59

information on whether the dinner is canceled.

2:32:01

Objective. Navalny’s objective in the conversation

2:32:02

is recorded in the audio file

2:32:04

B978E002

2:32:06

to inform Ofitserov of harsh criticism from

2:32:08

Navalny, Belykh, and Chechkov directed at

2:32:09

Arzamasov, Vostrygina, and the auditor

2:32:12

who conducted the inspection at Kagutkerovles, and

2:32:14

about Arzamasov’s readiness to offer

2:32:15

an apology to VLK; to inform Ofitserov about

2:32:17

accusations by Kagutkirovles against

2:32:18

VLK of appropriating a significant

2:32:20

share of contracts with clients for the purchase of

2:32:22

timber products at understated prices; give

2:32:24

Ofitserov advice on how to refute

2:32:26

the accusation against VLK; inform Ofitserov

2:32:27

about Opolev’s departure with an unnamed

2:32:29

man to Chechnya (a republic in Russia’s North Caucasus); indicate to Ofitserov

2:32:31

the task of suppressing Kalgurafle’s resistance,

2:32:33

securing the dismissal of Ofitserov’s rivals,

2:32:35

and inducing Ofitserov to come to Navalny

2:32:36

the day after the conversation in order

2:32:38

to discuss coordinating information on

2:32:39

the transfer of contracts from Otgurapres to VLK. The objective

2:32:43

of Ofitserov in the conversation recorded in

2:32:45

the audio recording in file b978002

2:32:48

is to obtain from Navalny the information he conveyed

2:32:50

during the meeting on Kogubke

2:32:51

Rofles; obtain Navalny’s advice

2:32:52

on refuting the accusation against

2:32:54

VLK; obtain from Navalny information

2:32:56

about when Ofitserov needs to come

2:32:57

to Navalny. Navalny’s objective in the conversation

2:32:59

recorded in the audio recording in file

2:33:01

BA75 1002 is to obtain from Ofitserov

2:33:03

confirmation of the existence of information about

2:33:05

the departure of Opolev and Votinov to Chechnya (a republic in Russia’s North Caucasus)

2:33:07

to inform Ofitserov of information about the discussion of

2:33:08

shipments of timber products and

2:33:09

a centralized warehouse for VLK, and of the arguments

2:33:12

Navalny made in defense of VLK’s position; to induce

2:33:14

Ofitserov to come to Navalny without

2:33:16

a contract in order to discuss the situation in the department.

2:33:19

Ofitserov’s objective in the conversation recorded

2:33:20

in the audio recording in file BA75 1002

2:33:24

is to confirm that Ofitserov has

2:33:25

information about the departure of Oplev and Votinov

2:33:27

to Chechnya (a republic in Russia’s North Caucasus); obtain from Navalny the information

2:33:29

he conveyed about the discussion of shipments of timber

2:33:31

products and a centralized warehouse for

2:33:33

VLK

2:33:35

and Navalny’s arguments in defense of

2:33:36

VLK’s position; inform Navalny that

2:33:38

Ofitserov intends to come to him with

2:33:39

the contracts. Navalny’s objective in the conversation

2:33:40

is recorded in the audio recording file 84CE003

2:33:45

to obtain from Ofitserov the information he conveyed

2:33:47

about establishing the difference between

2:33:49

VLK’s order and the shipments of Kogubki

2:33:50

Rafles. Inform Ofitserov that he

2:33:53

has the right to impose on Kogubki Raflet

2:33:54

a penalty of 5% of the difference

2:33:58

express approval of Ofitserov’s intention

2:33:59

to send a letter regarding a penalty for

2:34:00

failure to fulfill the order. Ofitserov’s objective in the

2:34:02

conversation is recorded in the specified file

2:34:04

of the audio recording: to report that Ofitserov

2:34:07

has established the difference between VLK’s order and

2:34:09

the shipments of Kogobki Rafles; inform

2:34:10

Navalny of Ofitserov’s intention

2:34:12

to send a letter imposing a penalty for

2:34:13

failure to fulfill the order, and of his readiness, if

2:34:15

necessary, to resolve through the courts

2:34:17

the issue of monetary compensation for

2:34:19

the unfulfilled order. Navalny’s objective in the

2:34:20

conversation is recorded in the audio recording in

2:34:22

file 6D 188003

2:34:25

to advise Ofitserov to refuse the company

2:34:27

Vyatka Academy Audit access to

2:34:29

identifying data and invoices for

2:34:31

Ofitserov’s clients; assure Ofitserov that

2:34:33

Navalny will review the letter

2:34:35

from the company Vyatka Academy. Ofitserov’s objective

2:34:37

in the conversation is recorded in the audio recording in

2:34:39

file 6D 188003: to inform Navalny about

2:34:43

the receipt of a letter from the company

2:34:46

Academy Audit requesting identifying

2:34:47

data and invoices for

2:34:49

Ofitserov’s clients, and about Ofitserov’s refusal

2:34:51

to provide such information.

2:34:52

Inform Navalny of the intention of

2:34:53

Kogubkirafle to win back major clients,

2:34:55

transferred to VLK. Inform Navalny about

2:34:57

the emergence of Ofitserov’s intention

2:34:58

to adopt an unspecified option for resolving this

2:35:00

problem. Navalny’s objective in the conversation

2:35:02

is recorded in the audio recording in file

2:35:04

852dD303

2:35:05

to express hope that Navalny

2:35:07

will be able to discuss with an unspecified

2:35:09

person or persons the issues that he and

2:35:11

Ofitserov had previously discussed with the officer, regarding which they and the officer

2:35:13

had spoken earlier. Ofitserov's purpose in the

2:35:15

conversation recorded in the audio file

2:35:17

in file 852D30

2:35:20

was to obtain information from Navalny about whether

2:35:21

he would be able to discuss with an

2:35:22

unspecified person the issue that

2:35:24

he and Navalny had discussed

2:35:25

earlier. To express the opinion that

2:35:27

the option for resolving the issue discussed

2:35:28

by the officer with Navalny is the most

2:35:30

convenient.

2:35:31

Navalny's purpose in the conversation recorded in

2:35:33

the audio file 6A8F602

2:35:36

was to inform Ofitserov that Navalny

2:35:37

had discussed with Belykh/Shchekov a scenario for the development

2:35:39

of events concerning the purchase of Rofles, involving

2:35:41

the removal of Opolev from the position of

2:35:42

general director, the appointment to the position of

2:35:44

a man identified by the name and patronymic Petu

2:35:45

Petrovich, and the creation of a working group to

2:35:47

assess the effectiveness of the enterprise's work

2:35:48

consisting of Chechkov, Belousov, and Navalny

2:35:51

and Ofitserov, and for Ofitserov to develop a plan

2:35:53

for this group's work, including commissioning an audit

2:35:54

of Rofrez by a reputable

2:35:56

company; to prompt the officer to show

2:35:58

the Chereshkov plan for the work of the said group

2:35:59

and to find out from him about the signing and description

2:36:01

of the document on the formation of the working group

2:36:02

to appear at Gubkeroflets and occupy the office

2:36:04

of the commercial director for this working

2:36:05

group, to report Navalny's imminent arrival

2:36:06

and begin work on resolving the

2:36:09

problems of the said enterprise; to prompt

2:36:10

Ofitserov to fulfill an unspecified

2:36:12

promise about a house/cottage given to an unnamed

2:36:14

person. Ofitserov's purpose in the conversation

2:36:16

recorded in the above-mentioned file

2:36:19

of the audio recording was to obtain from Navalny

2:36:20

information about the discussion and approval

2:36:22

of scenarios for developments regarding Kogobke Rofles

2:36:24

to receive instructions from Navalny

2:36:25

regarding further actions

2:36:27

by Ofitserov concerning Kogobke Rafles. The purpose

2:36:30

of Navalny in the conversation recorded in

2:36:31

the audio file BF16E002

2:36:35

was to obtain from Ofitserov the information communicated by him

2:36:36

about the development of the situation regarding

2:36:38

Gogubkirofles and Ofitserov's actions

2:36:40

to prompt Ofitserov to meet with

2:36:41

Navalny and discuss the details of the matter with him

2:36:43

Ofitserov's purpose in the conversation

2:36:44

recorded

2:36:45

in the audio file with the above number

2:36:49

was to inform Navalny that Ofitserov had not been included

2:36:51

in the working group for evaluating

2:36:52

the effectiveness of the work of Roflet; about the meeting

2:36:54

between Ofitserov and a man named Sergiy

2:36:56

and the conclusion of an unspecified

2:36:57

agreement between them; about the active

2:36:58

activity of the man with the patronymic

2:37:00

Petrovich in Kagubkerofles; to express

2:37:02

the opinion that a favorable development

2:37:03

of the situation removes the need

2:37:04

to include Ofitserov in the composition of the working

2:37:06

group; to identify for Navalny

2:37:07

the most significant task facing

2:37:09

Navalny and Ofitserov. Navalny's purpose

2:37:11

in the conversation is recorded in the audio file

2:37:13

899503.

2:37:15

to obtain from Ofitserov the information communicated by him

2:37:17

about his departure and his proposal

2:37:19

for Ofitserov to buy and resell, for Kagubki

2:37:21

Rofles, tank-based tractors in a quantity of

2:37:22

approximately 10 units; to express the opinion that

2:37:24

Kubki Rofles would not buy anything

2:37:26

due to probable bankruptcy

2:37:27

to designate for the officer the primary

2:37:29

need to разобраться in the situation

2:37:31

at Kagubke Rafles. Ofitserov's purpose in the

2:37:33

conversation with Ofitserov is expressed in the

2:37:35

audio recording: to inform Navalny that

2:37:37

Ofitserov was unable to come to

2:37:39

Navalny because of his departure

2:37:41

to inform Navalny about the signing by Ofitserov of

2:37:42

the payment schedule and penalty

2:37:44

acts

2:37:45

to propose buying and reselling

2:37:47

for Kogubkirofle tank-based tractors in

2:37:48

a quantity of approximately 10 units; to prompt

2:37:50

Navalny to resolve the situation at Pogub

2:37:52

Kerofle in favor of Ofitserov and Navalny

2:37:53

Navalny's purpose in the conversation is recorded

2:37:55

in the audio file 7715203

2:37:58

to report a call from the Ministry of Internal Affairs of the Volga Federal District and the intention

2:38:01

of a law enforcement officer

2:38:02

to meet with Navalny in connection with an inspection

2:38:04

at Kagubka Krovles; to obtain from Ofitserov

2:38:05

information about his conversation with the law enforcement officer

2:38:07

and to inform

2:38:09

Ofitserov about Navalny's departure for Moscow

2:38:10

to prompt Ofitserov to arrange

2:38:12

a meeting with Navalny in Moscow. The purpose

2:38:13

of Ofitserov

2:38:14

in the above-mentioned audio recording: to obtain from

2:38:16

Navalny information about the call from the Ministry of Internal Affairs

2:38:18

of the Volga Federal District. To inform Navalny that

2:38:20

a law enforcement officer

2:38:21

also called officer Volk and spoke

2:38:24

with him about his clients. To inform

2:38:25

Navalny that Ofitserov indicated

2:38:27

to the law enforcement officer

2:38:29

Ofitserov DYu... BLK and later gave

2:38:32

instructions to officer VDYu to tell about

2:38:34

the current state of affairs. And Navalny

2:38:37

Fourth conclusion. Navalny and Ofitserov

2:38:39

display high communicative

2:38:40

activity when discussing various

2:38:42

elements of the situation related to Tagubki

2:38:44

Rafles and VLK.

2:38:46

In the conversations under study, Navalny is characterized by

2:38:47

high communicative

2:38:49

activity when discussing matters with the officer

2:38:50

actions by the government of Kirov Region

2:38:52

in connection with the situation at KOGUP Kirovles.

2:38:53

holding meetings, appointing

2:38:55

an audit,

2:38:57

sorry, discussing the results of this

2:39:00

audit, and forming a working group to

2:39:02

assess the effectiveness of the enterprise,

2:39:04

Navalny's participation in defending the interests

2:39:06

of Ofitserov before the regional government, as well

2:39:07

as in making proposals

2:39:10

and giving advice and instructions to Ofitserov.

2:39:12

Ofitserov displays a high degree of

2:39:13

communicative activity when

2:39:14

discussing matters with Navalny. The report on the

2:39:16

audit at KOGUP Kirovles.

2:39:17

Accusations by KOGUP Kirovles against

2:39:19

VLK: imposing fines for

2:39:21

Kirovles's failure to fully carry out

2:39:22

VLK's order for the supply of

2:39:24

timber products; outlining the main tasks

2:39:26

facing Navalny and Ofitserov

2:39:28

the relationship between Navalny and Ofitserov

2:39:30

based on audio recordings of conversations between

2:39:32

them, in terms of communication style, is characterized as

2:39:33

informal; in terms of social status,

2:39:35

the relationship is symmetrical; in terms of degree

2:39:37

of closeness, they are close and friendly.

2:39:41

In the conversations analyzed, there are

2:39:42

signs indicating the

2:39:45

communicatively dependent position

2:39:46

of Ofitserov in relation to Navalny: referring to

2:39:49

the partner as a superior, insufficient

2:39:50

awareness of affairs, a modality

2:39:52

of doubt, receiving instructions from

2:39:54

Navalny, and Navalny's rejection of

2:39:55

Ofitserov's proposals. At the same time, this

2:39:57

functional inequality is not

2:39:59

strongly pronounced. The communicants

2:40:02

are engaged in joint activity. They

2:40:04

are interested in it and distribute

2:40:06

their roles in accordance with the level of their

2:40:08

competence. In the speech of the participants

2:40:10

in the conversations submitted for

2:40:11

expert analysis, there is

2:40:12

inducement to commit the following

2:40:14

actions or omissions, expressed toward

2:40:15

each other. Inducement on the part of

2:40:17

Navalny toward Ofitserov.

2:40:19

A proposal to consider implementing

2:40:20

possible courses of action in connection with

2:40:21

the presumed bankruptcy of Kirovles and

2:40:23

the need to dismiss a large

2:40:24

number of its employees. An instruction

2:40:26

to obtain a copy of an unspecified document,

2:40:28

which, based on the criminal case materials,

2:40:29

was probably the audit report

2:40:31

on KOGUP Kirovles, work on it,

2:40:33

call Navalny in the evening on the day of the

2:40:34

conversation, meet with him the

2:40:35

following morning, and consolidate

2:40:37

the information they had. Advice

2:40:39

to note that the audit report

2:40:41

on Kirovles compares

2:40:43

prices from different time periods. Not to repeat

2:40:44

such an error; to write down how

2:40:46

Ofitserov set the price for timber

2:40:48

products.

2:40:49

Advice: do not give in to provocations

2:40:51

by employees of KOGUP Kirovles; do not

2:40:53

come into conflict with them over poaching

2:40:54

a VLK client; prohibit Ofitserov's employees

2:40:56

from communicating with employees of KOGUP

2:40:58

Kirovles.

2:40:59

Advice to refute the information stated

2:41:01

in the audit report on KOGUP

2:41:03

Kirovles and provide all documents necessary

2:41:04

for that purpose. A request to provide

2:41:06

in writing information about the management of

2:41:07

forestry and timber speculation in

2:41:09

Kaluga Region. An instruction to compile

2:41:11

a selection of VLK contracts in connection with

2:41:13

the accusation against that company that

2:41:14

it had taken most of the

2:41:16

contracts and had purchased

2:41:17

timber products at below-market prices.

2:41:19

An instruction to explain where VLK obtained

2:41:21

its timber product prices from, confirming that

2:41:23

they corresponded to market prices,

2:41:25

and to refute the findings of the

2:41:26

audit report at KOGUP Kirovles.

2:41:29

An instruction to come to Navalny the

2:41:30

day after the conversation in order

2:41:32

to discuss and coordinate information on

2:41:33

the transfer of contracts from Kirovles to VLK.

2:41:36

A prohibition on coming to Navalny with

2:41:38

the VLK contract; an instruction to come without

2:41:40

the contract in order to discuss the situation.

2:41:42

A proposal to charge KOGUP Kirovles

2:41:44

a fine in the amount of 5% of the

2:41:45

unfulfilled order amount. An instruction to write

2:41:47

in the report that KOGUP Kirovles had not

2:41:49

fulfilled the delivery of timber products in the amount of

2:41:50

20 million rubles (about 20 million RUB). Advice to send a letter

2:41:53

to KOGUP Kirovles demanding payment of a fine of

2:41:55

1 million rubles (about 1 million RUB) for failure to fulfill

2:41:57

timber product deliveries. An instruction

2:41:59

to refuse the company Vyatka Akademaudit.

2:42:01

Provision of identifying information and

2:42:02

invoices relating to Ofitserov's clients.

2:42:04

An instruction to contact Cherkolov. To show

2:42:06

him the work plan of the group for assessing

2:42:07

the effectiveness of KOGUP Kirovles.

2:42:09

To ask him about the signing of the document on

2:42:11

the formation of the working group. To go to

2:42:13

KOGUP Kirovles and occupy the office

2:42:14

of the commercial director of that

2:42:16

organization under the pretext of the work

2:42:18

of the working group. To inform KOGUP

2:42:20

Kirovles of Navalny's imminent arrival.

2:42:21

To begin work on resolving the problems

2:42:23

of the said enterprise.

2:42:26

An instruction, upon arrival at

2:42:28

KOGUP Kirovles, to drive away a man named

2:42:30

Pyotr Petrovich. An instruction

2:42:32

to fulfill an unspecified promise concerning

2:42:33

a small house for an unnamed person.

2:42:35

An instruction to meet with Navalny to

2:42:37

discuss the details of the issue concerning

2:42:38

KOGUP Kirovles. A proposal to meet in

2:42:40

Moscow with Navalny to arrange such a

2:42:41

meeting. An initiative on the part of

2:42:43

Ofitserov directed toward Navalny.

2:42:45

A proposal to meet the following

2:42:46

day after the conversation.

2:42:48

An indication to resolve three issues

2:42:51

most significant for Ofitserov and

2:42:52

Navalny, including the issue of

2:42:53

not returning Opalev to the position of

2:42:55

general director of KOGUP Kirovles,

2:42:57

a request to resolve the situation at KOGUP Kirovles in

2:42:59

favor of Ofitserov and Navalny. Based on

2:43:01

the linguistic and paralinguistic

2:43:03

features of the conversations analyzed,

2:43:06

signs were identified indicating that Navalny and

2:43:07

Ofitserov share a common understanding and

2:43:09

mutual understanding regarding the topics discussed.

2:43:11

The participants in the conversations do not display

2:43:13

signs of surprise or indignation at the words

2:43:14

of the other participant in the conversation.

2:43:17

In the speech behavior of Ofitserov and

2:43:18

Navalny, there are psychological

2:43:20

signs of concealment in the form of danger zones

2:43:22

and blocking of their own information when

2:43:24

discussing the objective for which

2:43:25

Ofitserov and Navalny needed

2:43:27

a general director of KOGUP Kirovles

2:43:29

who would meet their requirements. The options

2:43:31

for resolving the unnamed problem by the persons

2:43:32

are connected with this solution.

2:43:34

The issue that Navalny and Ofitserov

2:43:36

had discussed earlier on the day of the conversation.

2:43:38

The issues that needed to be resolved by

2:43:39

Ofitserov and Navalny.

2:43:41

Unspecified situations connected

2:43:42

with a promise regarding a small house. A favorable

2:43:44

development of the situation involving a matter known to both

2:43:46

participants. From a linguistic point

2:43:48

of view, such signs are manifested in

2:43:50

the participants' use in the conversations

2:43:52

of linguistic units with indefinite

2:43:53

semantics and syntactic constructions

2:43:56

of an elliptical type, which

2:43:57

are uttered while refraining from

2:43:58

using a number of words relating to

2:44:00

the danger zone. Based on the linguistic

2:44:02

and paralinguistic features

2:44:04

of the conversations under examination, there are

2:44:06

signs indicating

2:44:08

interest and an agreement between

2:44:09

Navalny and Ofitserov in obtaining benefits

2:44:10

from activities in the management of Kirovles

2:44:12

in favor of the Vyatka Timber Company. During

2:44:14

the conversations under examination, Navalny and

2:44:16

Ofitserov indicate that they have

2:44:18

common goals and tasks, plan and

2:44:19

carry out joint actions in

2:44:21

relation to Kirovles, including discussing

2:44:23

Ofitserov's participation in managing this

2:44:25

organization, appointing him to

2:44:26

a managerial position at KOGUP Kirovles,

2:44:28

including him in the working group on

2:44:29

assessing the effectiveness of KOGUP

2:44:31

Kirovles, developing a work plan for this

2:44:33

group, implementing the interests of the Vyatka

2:44:35

Timber Company, imposing a large

2:44:37

financial penalty for failure to fulfill

2:44:38

Kirovles orders for supplies to VLK

2:44:40

products, refuting statements

2:44:42

made by KOGUP Kirovles against VLK

2:44:44

about appropriating a significant portion of contracts

2:44:46

of Kirovles with clients, and purchasing

2:44:48

timber products from KOGUP Kirovles at

2:44:49

reduced prices, the sale by KOGUP Kirovles of

2:44:52

a tank-based tractor for a large

2:44:53

sum of money. The expert report is signed

2:44:56

by both experts on each page; each sheet bears

2:44:58

the appropriate institutional seals.

2:45:00

That concludes volume thirteen of the

2:45:03

expert examination.

2:45:18

The court is aware that today, in the regional court

2:45:21

an appeal is being considered

2:45:24

by Navalny's defense lawyers against the ruling

2:45:28

of the deputy chair of the regional court.

2:45:31

At 1 p.m. in your court. Correct?

2:45:34

I see. In your view, will you still

2:45:36

have time to come to the Leninsky District Court today?

2:45:42

I believe that, considering that in an hour we have

2:45:44

another court hearing in a different

2:45:46

court, we of course will not make it, I think,

2:45:50

to consider anything, but I also wanted

2:45:51

to find out about the appeal—will the hearing last long?

2:45:55

>> A long time.

2:45:56

>> I don't know, probably a long time.

2:45:57

>> I see.

2:45:58

>> Yes, that had not been anticipated.

2:46:01

Do you have documents confirming

2:46:03

that tomorrow you will not be able to participate in

2:46:05

the court hearing?

2:46:06

>> When?

2:46:06

>> Tomorrow.

2:46:07

>> When? But you did not discuss availability with us. We

2:46:09

>> had it set for May.

2:46:10

>> Show me the article of the Criminal Procedure Code in which

2:46:12

>> it is written that I am obliged to coordinate with

2:46:14

>> you your availability. First of all.

2:46:16

>> But you did determine availability with us for

2:46:18

>> May.

2:46:18

>> That's right. Since last week I have been asking you

2:46:20

>> when you are unavailable, and you keep

2:46:22

>> postponing it, postponing it,

2:46:24

>> postponing it. So let us

2:46:26

>> discuss your availability for June. We

2:46:27

>> are ready to discuss it now.

2:46:29

Your Honor, the court spoke about availability for May

2:46:31

a month ago, and the court determined that in May

2:46:34

the last working days for the court are the twenty-ninth

2:46:36

and thirtieth. The court is not bound, including

2:46:39

by this schedule. It may set

2:46:41

a hearing even for May 31, although

2:46:43

that date was not agreed upon, since

2:46:46

you are saying today,

2:46:47

>> If I may object. I simply wanted to draw

2:46:49

>> attention to the fact that we had an established

2:46:50

>> schedule for May, we have tickets, we have

2:46:53

>> hotel bookings, and so on. We are in another

2:46:55

>> city. Tomorrow I also have

2:46:56

employment. For that matter, I am still

2:46:59

still a lawyer until the court delivers its verdict, and I

2:47:01

still have a client, I still have

2:47:03

work, and all of us have work to do.

2:47:04

Therefore,

2:47:05

>> I beg your pardon. But in fact I

2:47:08

ask that this not be scheduled in such an

2:47:10

arbitrary way, from today to

2:47:12

tomorrow, when we have a pile of tickets,

2:47:14

paid hotel reservations, and so on.

2:47:15

>> I am asking once again: how much longer will you need

2:47:17

for today? Can we

2:47:19

agree on this?

2:47:19

>> No one has your...

2:47:20

>> Well, everything is clear. Then the court hearing

2:47:23

is adjourned

2:47:26

until tomorrow,

2:47:29

that is, until May 31 at 1:00 p.m.

2:47:32

>> Are you joking?

2:47:34

>> No.

2:47:54

The court declared a recess in the hearing

2:47:56

until tomorrow at 1300 hours

2:47:59

at the request of the accused

2:48:01

defendants and their counsel.

2:48:05

Having notified the prosecutor's office, the court convened

2:48:07

today

2:48:10

to resolve the question of whether we can conti-

2:48:12

continue hearing the case with the defense side.

2:48:14

defense.

2:48:15

>> What?

2:48:15

>> Can we continue the hearing?

2:48:17

>> Yes, we can, Your Honor.

2:48:19

>> Defendant.

2:48:19

>> Yes.

2:48:20

>> We can.

2:48:21

>> We can.

2:48:22

>> We can.

2:48:24

>> I see. The prosecutor did not object.

2:48:28

>> I see. The court has ruled to continue

2:48:29

the consideration of the case

2:48:32

in today's hearing. So,

2:48:34

the evidence concerning the motion to have

2:48:37

them declared inadmissible, which the

2:48:39

defense moved for, has been examined. In addition,

2:48:43

in the motion

2:48:45

to declare inadmissible

2:48:47

evidence, there was also a request

2:48:49

asking that the FSB of

2:48:53

Russia provide documents,

2:48:57

specifically that the court obtain from the FSB of Russia the files

2:49:00

of operational records concerning

2:49:01

Navalny and Ofitserov.

2:49:03

The court said it would consider this motion

2:49:05

after reviewing this evidence

2:49:08

and hearing the prosecution's position. Please proceed.

2:49:13

Your Honor, we believe there are no

2:49:15

grounds for requesting from the FSB of Russia in

2:49:18

the Kirov Region the information on which

2:49:19

the defense insists. In our view,

2:49:22

the materials of the criminal case that have been read out

2:49:24

are sufficient and fully confirm

2:49:26

the fact that the procedural form in

2:49:28

obtaining and recording the evidence was

2:49:29

fully complied with. Moreover, what

2:49:32

the defense is insisting on, namely

2:49:34

the disclosure of operational-record files in open

2:49:37

court—I remind the court, these are FSB of Russia materials—

2:49:39

is, in our view, not entirely appropriate,

2:49:42

because they contain, among other things,

2:49:44

not only personal data but also

2:49:46

information constituting state

2:49:47

secrets. Therefore, in this part I ask

2:49:49

that the motion be denied. As for the

2:49:52

exclusion of evidence, as I

2:49:53

said earlier, we object to it.

2:49:55

And the assessment carried out on the basis of the

2:49:58

examination of the evidence once again

2:50:00

confirms that all

2:50:02

the evidence was collected

2:50:05

lawfully from a procedural standpoint,

2:50:06

is well-founded, and is relevant

2:50:07

and admissible in this criminal case.

2:50:09

>> Are you prepared now

2:50:13

to rebut the motion that has been filed

2:50:16

to declare the evidence inadmissible,

2:50:18

or are additional documents needed?

2:50:21

As regards the attesting witnesses, that is, the contested item was

2:50:23

the inspection report of October 17, 2012,

2:50:26

as was substantiated at the previous

2:50:28

court hearing and noted by the

2:50:30

defense side; the burden of rebutting, therefore, its

2:50:32

recognition as inadmissible evidence in

2:50:34

this part lies with the prosecution.

2:50:36

Therefore, the arguments

2:50:40

made by counsel to the effect that the attesting witnesses

2:50:44

who were present during the inspection

2:50:45

of items and documents—that such witnesses

2:50:47

do not in fact exist—those arguments

2:50:49

will be rebutted, but for that

2:50:50

time is needed, and information for

2:50:53

rebutting counsel's arguments will be

2:50:55

submitted to us after review of all

2:50:56

the written materials of the case.

2:50:59

So, you are asking to be given time

2:51:01

to gather these materials? We ask for time

2:51:03

to be granted until the completion of the examination

2:51:05

of the written case materials.

2:51:08

The court reads out the documents submitted with the motion.

2:51:13

These are printouts from the website

2:51:16

of the Moscow City Court, from which

2:51:18

it follows that

2:51:20

the information indicated in the inspection report

2:51:22

regarding the place of residence of the attesting witnesses, namely

2:51:26

Volochaevskaya Street, building 4/3,

2:51:29

no such information appears on the portal of the unified

2:51:31

information system of the justices of the peace

2:51:33

of the city of Moscow. And the second

2:51:36

printout is Yunatov Street, building 22.

2:51:41

No such information is available on the portal there either.

2:51:44

So, the court has heard the opinion

2:51:48

of the prosecution regarding the filed

2:51:49

motion to obtain information and

2:51:51

documents from the regional FSB office and makes the following

2:51:55

decision.

2:51:57

First,

2:52:00

the defense does not indicate

2:52:03

in its motion how the specified

2:52:05

documents could affect the resolution

2:52:07

the motion that has been filed. That is the first point. And

2:52:10

second,

2:52:12

the court notes that, in accordance with the

2:52:13

requirements of the criminal procedure

2:52:14

code, the burden of rebutting the defense’s arguments

2:52:18

lies with the

2:52:21

prosecution, that is, with the prosecutor. And

2:52:23

since the prosecutors do not wish

2:52:26

to rebut them specifically with information

2:52:28

obtained from the FSB regional directorate (Federal Security Service), the court considers it

2:52:32

necessary to deny the motion

2:52:35

by the defense seeking production of these

2:52:37

documents.

2:52:39

The motion has been ruled on. We continue.

2:52:42

So, the court also decides

2:52:45

to give the prosecution

2:52:47

the opportunity

2:52:48

after all, to rebut—or rather,

2:52:52

to provide an opportunity to rebut

2:52:55

the defense’s arguments in support of the motion to

2:52:57

exclude evidence, granting

2:52:59

time for this until the completion of

2:53:01

the examination of all written materials

2:53:03

in the case. We continue.

2:53:07

Next, you have volume fourteen.

2:53:14

>> the defense, a motion

2:53:20

may

2:53:25

>> also seeking to have declared inadmissible

2:53:27

as evidence the documents already examined

2:53:28

documents

2:53:30

To the Leninsky District Court of the city of Kirov

2:53:32

to Federal Judge Blinov, from attorneys

2:53:33

Mikhailova and Kobzev, counsel for Navalny

2:53:35

and Ofitserov. Motion to declare

2:53:38

evidence inadmissible.

2:53:41

The prosecution submitted as

2:53:42

evidence the following

2:53:44

documents. One moment, please.

2:53:52

Order appointing a comprehensive

2:53:54

psychological and linguistic expert examination dated

2:53:56

November 28, 2012, volume 13, case file pages

2:54:00

195–198.

2:54:03

Report of the comprehensive

2:54:05

forensic psychological and linguistic

2:54:06

expert examination No. 002/13 dated January 8, 2013,

2:54:10

volume 13, case file pages 214–260.

2:54:15

The defense maintains that the above-mentioned

2:54:17

order and the experts’ report

2:54:18

are inadmissible evidence

2:54:20

under Part 1, paragraph

2:54:22

3 of Part 1

2:54:25

of Article 75 of the Russian Code of Criminal Procedure. They are not subject

2:54:27

to examination at the court hearing. They must

2:54:29

be excluded from the list of evidence

2:54:30

submitted by the prosecution.

2:54:33

According to Part 1 of Article 201 of the Russian Code of Criminal Procedure,

2:54:36

a comprehensive examination is one in

2:54:38

which experts of different specialties take part in conducting it.

2:54:40

experts of different specialties.

2:54:45

As is clear from the order appointing the

2:54:47

comprehensive psychological and linguistic

2:54:48

expert examination dated November 28, 2012, volume

2:54:52

13, case file pages 195–198,

2:54:55

and from the report of the comprehensive

2:54:56

forensic psychological and linguistic

2:54:58

expert examination No. 002/13 dated January 8, 2013,

2:55:02

volume 13, case file pages 214–260,

2:55:06

in conducting the expert examination

2:55:08

whose admissibility is being challenged

2:55:09

by the defense, two experts took part,

2:55:12

of different specialties: a psychologist and a linguist.

2:55:15

According to Part 2 of Article 201 of the Russian Code of Criminal Procedure,

2:55:17

the law imposes the following requirements on

2:55:20

the report of a comprehensive forensic

2:55:22

examination, which also apply

2:55:23

to the report of a comprehensive

2:55:25

forensic psychological and linguistic

2:55:27

examination. These requirements are as follows. The report must

2:55:30

state which

2:55:31

studies were carried out, and to what extent, by

2:55:33

each expert, what facts each expert established

2:55:35

in his or her part of the examination, and what

2:55:38

conclusions he or she reached. Each expert

2:55:40

who participated in the comprehensive

2:55:42

forensic examination signs the

2:55:44

part of the report that contains

2:55:46

the description of the studies conducted by that expert and

2:55:48

bears responsibility for it. As is clear

2:55:50

from the report of the comprehensive

2:55:52

forensic psychological and linguistic

2:55:53

expert examination No. 002/13 dated January 8, 2013,

2:55:57

the above requirements

2:55:59

of criminal procedure law, namely

2:56:01

the requirements set out in Part

2:56:03

2 of Article 201 of the Russian Code of Criminal Procedure, were not complied with in preparing the

2:56:05

report. In

2:56:07

particular, in violation of Part 2 of Article

2:56:09

201 of the Russian Code of Criminal Procedure, the report does not specify

2:56:12

which studies, and to what extent, were

2:56:14

conducted by the linguistics expert, and which

2:56:17

by the psychology expert.

2:56:18

From the expert panel’s report

2:56:20

it follows that the comprehensive

2:56:21

forensic psychological and linguistic

2:56:23

expert examination No. 002/13 dated January 8, 2013,

2:56:27

was conducted by an expert panel

2:56:30

of the non-profit Southern Expert Center, consisting of

2:56:32

psychologist expert Viktor

2:56:34

Petrovich Kislyakov and linguist expert Ionova

2:56:36

Svetlana Valentinovna, volume 13, case file

2:56:40

on page 217 of volume 13 the following is stated

2:56:44

verbatim: “The panel conducted

2:56:46

an examination of the materials presented

2:56:47

from the criminal case. Listening to audio recordings.

2:56:51

Specialized literature on

2:56:53

the psychology of communication, legal

2:56:55

psychology, and linguistics was studied. An

2:56:58

auditory psychological and

2:57:00

linguistic analysis of the audio recordings was carried out.”

2:57:02

In violation of Part 2 of Article 201 of the Russian Code of Criminal Procedure,

2:57:05

the report contains no information as to

2:57:08

which specific studies, and to what

2:57:10

extent, were conducted by psychologist Kislyakov,

2:57:12

and which specifically by linguist Ionova.

2:57:17

The defense’s argument. One moment, please.

2:57:20

The defense’s argument that the report does not

2:57:22

distinguish the analytical section

2:57:25

between the experts, the psychologist and

2:57:26

by the linguist, in violation of the requirements of Part

2:57:28

2 of Article 201.1 of the Criminal Procedure Code of the Russian Federation, confirms

2:57:31

the description of the research methodology,

2:57:33

which is set out on page 217 of the case file in

2:57:35

Volume 13. I quote: "Submitted to the expert commission for determination

2:57:38

was a general list

2:57:40

of questions falling within the competence

2:57:42

of the psychologist and

2:57:44

linguist experts." At the same time, the report does not

2:57:46

state that the submitted list

2:57:48

of questions relates both to the competence

2:57:50

of the psychologist and to the competence of the linguist to

2:57:52

an equal extent. But even if

2:57:55

the submitted list of questions did relate

2:57:57

equally to the competence of both

2:57:59

experts, the requirements of Article 201.1 of the Criminal Procedure Code of the Russian Federation

2:58:02

are such that even in that case each

2:58:05

expert must separately indicate the list

2:58:07

and scope of the examinations that were

2:58:09

carried out by him or her personally within this

2:58:11

report. Further, in the description

2:58:13

of the research methodology it is stated,

2:58:15

I quote verbatim: Each member of the expert

2:58:18

commission conducted a full examination of

2:58:20

each question submitted for

2:58:21

the comprehensive expert examination. Volume 13, case file

2:58:24

217. And the defense once again draws the court's attention

2:58:26

to the fact that, in violation of Part 2 of

2:58:28

Article 201.1, each member of the expert

2:58:31

commission did not specify exactly which

2:58:33

examinations, and in what scope, were carried out by him or her

2:58:35

personally. It appears that

2:58:36

the linguist expert did not study, and should not have studied,

2:58:38

specialized literature on

2:58:40

communication psychology, legal

2:58:42

psychology, and did not apply psychological

2:58:44

analysis of the audio recordings in conducting

2:58:46

the examinations, just as the psychologist expert

2:58:48

did not study specialized literature on

2:58:50

linguistics and did not apply

2:58:52

linguistic analysis in the examination,

2:58:54

since the application by

2:58:55

linguist experts of specialized knowledge

2:58:57

from the field of psychology, and by

2:58:58

psychologist experts from the field of

2:58:59

linguistics, is impossible because such matters

2:59:01

lie outside their competence. Also, in

2:59:04

substantiating the fact that

2:59:06

the psychologist and linguist experts did not specify

2:59:08

for each of them separately, in violation of Part

2:59:10

2 of Article 201.1 of the Criminal Procedure Code of the Russian Federation, which

2:59:12

examinations, and in what scope, were carried out by

2:59:14

each expert, which facts, in his or her

2:59:16

part of the examination, were established by the expert, and

2:59:17

what conclusion was reached. The expert commission

2:59:19

stated on page 217 of Volume 13

2:59:23

that in accordance with paragraph 12 of

2:59:24

the Resolution of the Plenum of the Supreme Court

2:59:26

of the Russian Federation dated December 12

2:59:27

2010 No. 28 on forensic examinations

2:59:30

in criminal cases, the commission

2:59:32

conducting the comprehensive examination formulated

2:59:34

general conclusions on the questions presented.

2:59:37

At the same time, the defense notes that

2:59:38

the Resolution of the Plenum of the Supreme Court dated

2:59:41

December 21, 2010 No. 28 on forensic examinations

2:59:45

in criminal cases, in

2:59:47

particular paragraph 12, does not отменяет

2:59:49

the requirements of Article 201.1 of the Criminal Procedure Code of the Russian Federation and does not

2:59:51

contradict them. Thus, in the Resolution

2:59:54

of the Plenum of the Supreme Court of the Russian

2:59:55

Federation No. 28 of December 21, 2010,

2:59:59

paragraph 12 states that in

3:00:02

necessary cases, when the examinations

3:00:04

go beyond the competence of a single

3:00:05

expert or a commission of experts, in

3:00:07

accordance with Article 201 of the Criminal Procedure Code of the Russian Federation there may

3:00:09

be ordered a comprehensive

3:00:11

expert examination,

3:00:13

to be carried out by several experts on

3:00:15

the basis of using different specialized

3:00:17

fields of knowledge. In that case, the experts prepare

3:00:19

a joint report, but the experts' report must

3:00:21

indicate which

3:00:23

examinations were carried out by each expert,

3:00:25

which facts he or she personally established, and what

3:00:28

conclusion was reached. Each expert has the right

3:00:30

to sign the joint report or that part of it

3:00:31

which reflects the course and results

3:00:34

of the examinations personally carried out by him or her.

3:00:38

As follows from the legal position of the Supreme

3:00:39

Court of the Russian Federation, as set out in

3:00:40

the said Resolution, in any event

3:00:43

the report of the expert commission in

3:00:44

preparing a comprehensive examination

3:00:46

must contain information on which

3:00:48

examinations were carried out by each of the experts

3:00:49

and which facts he or she personally established, even

3:00:51

if the expert signs the joint

3:00:52

report.

3:00:54

Moreover, as follows from the legal

3:00:56

position of the Supreme Court of the Russian

3:00:57

Federation set out in the said

3:00:59

Resolution, only in the case

3:01:01

may the report of a comprehensive forensic

3:01:02

examination fail to distinguish

3:01:05

which specific examinations

3:01:06

were carried out by each of the experts.

3:01:09

This is when the comprehensive examination is conducted by

3:01:11

a single expert possessing sufficient

3:01:13

knowledge necessary to conduct

3:01:15

a comprehensive examination. As for

3:01:18

the defense's arguments that in the report

3:01:19

of the comprehensive psychological and linguistic

3:01:21

forensic examination it is not stated which

3:01:23

facts, in his or her part of the examination, were establ

3:01:25

ished by each expert and what conclusion was reached by

3:01:27

each expert, as well as that

3:01:29

each expert who participated in

3:01:30

conducting the comprehensive forensic

3:01:31

examination did not sign his or her part of the

3:01:33

examination, those arguments

3:01:35

are confirmed by the part of the expert

3:01:37

report entitled Examination

3:01:39

of the materials of the criminal case, Volume 13, case file

3:01:42

21821,

3:01:44

examination of the audio recording, Volume 13, case file

3:01:46

221–229 verso. Examination of

3:01:49

to the questions submitted for determination

3:01:50

by the panel of experts. Volume 13, page 229

3:01:53

verso, page 255 verso.

3:01:56

Moreover, pursuant to the federal law

3:01:57

dated May 21, 2001, No. 73-FZ, on

3:02:01

state forensic expert

3:02:02

activity in the Russian Federation, and

3:02:04

specifically the requirements set out in Article

3:02:06

21 of the said federal

3:02:08

law, within a panel of experts,

3:02:10

which has been entrusted with conducting

3:02:12

the forensic examination, each expert

3:02:14

independently and autonomously conducts

3:02:16

research, evaluates the results,

3:02:19

obtained personally by him, as well as by other

3:02:21

experts, and formulates conclusions on

3:02:23

the questions posed within the scope of his

3:02:25

specialized knowledge. According to Article

3:02:27

23 of the said federal

3:02:29

law, when conducting a panel

3:02:31

forensic examination, experts of different

3:02:33

specialties, as well as in a comprehensive

3:02:35

examination, each of them conducts

3:02:37

research within the scope of his

3:02:39

specialized knowledge. In the expert opinion

3:02:41

of the experts participating in the conduct of

3:02:42

a comprehensive examination, as well as

3:02:44

a panel examination, it is indicated which

3:02:46

studies, and to what extent, were carried out by

3:02:47

each expert, what facts he established

3:02:49

and what conclusions he reached. Each expert

3:02:51

participating in a comprehensive

3:02:53

examination signs the part

3:02:54

of the opinion that contains a description

3:02:56

of the studies conducted by him and bears

3:02:57

responsibility for it.

3:03:00

In light of the foregoing arguments, the defense

3:03:01

comes to the conclusion that the opinion

3:03:03

of the comprehensive psychological and linguistic

3:03:04

forensic examination No. 002/13

3:03:07

dated January 8, 2013, Volume 13, pages

3:03:10

214–260

3:03:12

was prepared in violation of the requirements of Part

3:03:13

2 of Article 201 of the Criminal Procedure Code of the Russian Federation, Article twen-

3:03:17

ty and Article 20 of Federal Law No. 73-

3:03:19

FZ, and the requirements of the Supreme Court

3:03:21

of the Russian Federation, as set out

3:03:22

in Resolution No. 28 of December 21, 2010.

3:03:25

Accordingly, it must be

3:03:28

recognized as inadmissible evidence under

3:03:30

Part 1, paragraph 3 of Part

3:03:31

2 of Article 75 of the Criminal Procedure Code of the Russian Federation and excluded from

3:03:34

the list of evidence submitted

3:03:35

by the prosecution. The defense also wishes

3:03:39

to present other arguments in support of its

3:03:40

motion to have declared inadmissible,

3:03:42

and subject to exclusion from the list of

3:03:43

evidence. The order appointing

3:03:45

the comprehensive

3:03:46

psychological and linguistic forensic

3:03:47

examination dated November 28, 2013, and

3:03:50

the opinion of the comprehensive

3:03:51

psychological and linguistic forensic

3:03:52

examination No. 002/13 dated January 8, 2013

3:03:55

.

3:03:57

In the order appointing the comprehensive

3:03:59

psychological and linguistic forensic

3:04:00

examination dated November 28, 2011,

3:04:03

it is stated that the investigator had at his disposal

3:04:06

two optical discs

3:04:08

containing audio recordings of telephone

3:04:10

conversations involving Navalny and

3:04:11

Ofitserov. As part of the examination, within

3:04:14

the framework of the criminal investigation,

3:04:16

a comprehensive phonoscopic examination was

3:04:17

conducted,

3:04:19

as a result of which the content

3:04:21

of the conversations between Navalny and

3:04:22

Ofitserov was established.

3:04:24

As further stated in the order,

3:04:26

given that it became necessary

3:04:28

to examine the said audio recordings, in the

3:04:31

criminal case it was necessary to conduct

3:04:32

a comprehensive forensic

3:04:34

psychological and linguistic examination. Volume

3:04:35

13, pages 195–196.

3:04:38

Thus, from the order

3:04:40

appointing the examination, it is clear that both

3:04:42

the subject matter and the object of the examination

3:04:44

are two optical discs

3:04:46

containing audio recordings of telephone

3:04:48

conversations between Navalny and Ofitserov.

3:04:51

At the same time, as follows from

3:04:53

the order appointing the comprehensive

3:04:54

forensic psychological and linguistic

3:04:56

examination and the expert opinion, together

3:04:58

with the investigator's order appointing

3:05:00

the comprehensive psychological and linguistic

3:05:01

forensic examination, the experts were provided, among other things, with

3:05:04

among other things,

3:05:06

copies of a letter from the administration

3:05:07

of the Government of Kirov Region

3:05:08

addressed to OAO Solikamskbumprom.

3:05:12

A copy of the order to bring Opalev

3:05:13

as an accused person. A copy

3:05:15

of the record of the interrogation of the accused Opalev.

3:05:18

A copy of the records of the interrogations of the accused

3:05:20

Navalny and Ofitserov. A copy

3:05:22

of the record of the interrogation of witness Arzamastsev.

3:05:25

A copy of the record of the interrogation of witness

3:05:26

Shcherchkov. A copy of the record of the interrogation of

3:05:28

witness Bastrygina. Volume 13. Pages

3:05:30

195, 198–206,

3:05:33

verso to 217.

3:05:35

The above materials, submitted

3:05:37

together with the order appointing

3:05:38

the examination, were reflected in the section

3:05:40

of the opinion entitled "Examination of

3:05:42

the materials of the criminal case." It is necessary

3:05:44

once again to draw the court's attention to the fact

3:05:45

that the comprehensive forensic

3:05:47

psychological and linguistic examination,

3:05:49

as stated in the order for its

3:05:51

appointment dated November 28, 2012, was

3:05:54

appointed for the examination of audio recordings

3:05:56

containing recordings of telephone conversations

3:05:58

between Navalny and Ofitserov. Without repeating

3:06:00

the arguments concerning the inadmissibility of conducting

3:06:02

the examination of these audio recordings,

3:06:04

which the defense previously set out, we

3:06:06

note that providing to

3:06:08

the experts materials

3:06:09

from the criminal case that do not relate to

3:06:12

the subject matter or object of the expert

3:06:13

examination, is unlawfully impermissible. As

3:06:16

is apparent from the analytical section of the

3:06:17

expert report, the experts

3:06:18

examined a copy of a letter from

3:06:19

the administration of the government of Kirov

3:06:21

Region addressed to Solikamsk Bumprom. A copy

3:06:23

of the decision to charge

3:06:24

Opolev as an accused person, a copy of the record

3:06:27

of the interrogation of the accused Opolev, copies

3:06:29

of the interrogation records of the accused

3:06:30

Navalny and Ofitserov, a copy of the record

3:06:33

of Arzamastsev’s interrogation, a copy of the record

3:06:35

of Cherchkov’s interrogation, a copy of the interrogation, a copy

3:06:37

of Bastrygina’s interrogation.

3:06:40

Supporting the defense’s argument that

3:06:41

an expert may not review

3:06:43

materials from the criminal case that do not

3:06:45

relate to the subject of the examination,

3:06:47

are the requirements of paragraph 1

3:06:49

of part 3 of Article 57 of the Russian Code of Criminal Procedure, which state that

3:06:51

an expert is entitled to review only

3:06:53

those materials of the criminal case that relate

3:06:55

to the subject matter of the forensic examination. The

3:06:57

fact that the experts reviewed

3:06:59

materials from the criminal

3:07:00

case that were unrelated to the subject

3:07:02

of the expert examination, namely

3:07:04

a copy of a letter from the administration

3:07:05

of the government of Kirov Region,

3:07:09

addressed to OOO Skans Bumprom, a copy

3:07:11

of the decision to charge

3:07:12

Opolev as an accused person, a copy of the record

3:07:14

of the interrogation of the accused Opolev, copies

3:07:16

of the interrogation records of the accused Navalny

3:07:18

and Ofitserov, a copy of the record of the interrogation

3:07:20

of Arzamastsev, copies of the records

3:07:22

of the interrogations of Cherchukov and Bastrygina affected

3:07:24

the objectivity of their conclusions set out in

3:07:26

the report.

3:07:27

In addition, the defense believes that the conclusions

3:07:29

set out in the expert report

3:07:30

contradict its analytical section and

3:07:32

amount to a rewriting of the investigator’s question

3:07:34

in affirmative form.

3:07:36

Moreover, the defense insists that

3:07:37

the expert’s conclusions were based not on

3:07:39

the examination of the audio recording, but rather on

3:07:41

the voice and the conclusions of

3:07:43

the phonoscopic examination, namely

3:07:44

the text of the conversations, and on data

3:07:46

contained in interrogation records,

3:07:48

including those of the accused Opolev and witness Bastrygina.

3:07:51

And in support of its position, the defense

3:07:52

draws the court’s attention to the analysis

3:07:54

conducted by the panel of experts, in particular with respect to

3:07:55

question no. 10, from which it does not

3:07:57

appear which of the experts

3:07:59

conducted which part of this examination.

3:08:01

And the conclusion on question no. 10 of the experts’ report,

3:08:03

and who exactly formulated

3:08:07

the experts’ conclusion on question no. 10,

3:08:08

is worded as follows: Based

3:08:11

on the linguistic and paralinguistic

3:08:12

features of the conversations under review,

3:08:14

there are indications pointing to

3:08:15

the interest and agreement of

3:08:17

Navalny and Ofitserov in obtaining benefit from

3:08:18

the activities of KOGUP Kirovles (a regional state timber enterprise) in favor of

3:08:21

OOO VLK. In the course of the conversations under review,

3:08:23

Navalny and Ofitserov indicate

3:08:24

that they have common goals and objectives,

3:08:26

and plan to undertake joint actions

3:08:28

with respect to KOGUP Kirovles, including

3:08:30

discussing the refutation of accusations

3:08:31

made by KOGUP Kirovles against UVLK,

3:08:34

the appropriation of a significant portion of contracts

3:08:35

from KOGUP Kirovles and the purchase of timber products

3:08:37

from KOGUP Kirovles at below-market prices.

3:08:40

Turning to the analytical section

3:08:41

of the report of the comprehensive forensic

3:08:42

psychological and linguistic examination, in

3:08:44

particular as to question no. 10, volume 13,

3:08:46

pages 251 verso to 255 verso, the defense

3:08:49

insists that in the analytical

3:08:51

section the experts do not cite any fragment

3:08:53

of a conversation between Navalny and Opolev

3:08:55

that would confirm, in particular, the experts’

3:08:57

conclusion on question no. 10.

3:08:59

According to paragraph 10 of part 1 of Article

3:09:01

204 of the Russian Code of Criminal Procedure, as well as Article 25

3:09:05

of Federal Law No. 73-FZ of May 31, 2001

3:09:07

On State Forensic Expert Activity

3:09:09

in the Russian

3:09:11

Federation, an expert report or

3:09:13

a panel report must reflect

3:09:14

an evaluation of the examination results,

3:09:16

the reasoning, and the formulation of conclusions on

3:09:18

the questions posed. In violation of

3:09:20

these requirements, in the experts’ report

3:09:21

on question no. 10 and

3:09:22

in the analytical section on question no. 10,

3:09:25

the reasoning for the conclusion on

3:09:27

the question posed is not set out, whereas the expert

3:09:29

should have provided the factual data

3:09:31

as a result of examining which he

3:09:33

arrived at the conclusion

3:09:35

set out in answering question no.

3:09:37

10. Consequently, the expert’s stated assertion

3:09:40

is unsupported and is not confirmed by

3:09:41

the analytical section. Consequently,

3:09:43

the expert’s conclusion is speculative

3:09:45

in nature. And therefore the expert report itself

3:09:46

constitutes

3:09:47

inadmissible evidence within the meaning of

3:09:49

Article 204 of the Russian Code of Criminal Procedure, as well as Article 25 of Federal Law

3:09:52

No. 73-FZ of May 31, 2001.

3:09:56

On the basis of the foregoing, in accordance

3:09:58

with Articles 53, 248, 75, and 89 of the Russian Code of Criminal Procedure, we ask the court to

3:10:02

declare inadmissible and subject

3:10:04

to exclusion from the list of evidence

3:10:05

the order appointing the comprehensive

3:10:06

psychological and linguistic examination dated the 28th

3:10:09

November 2012, Volume 13, page 9518

3:10:13

conclusion of a comprehensive

3:10:14

forensic psychological and linguistic

3:10:15

expert examination No. 002/13

3:10:17

dated January 8, 2013, Volume 13, case file 214260

3:10:22

signed by attorneys Mikhailova and Kobzev

3:10:25

and Davydova.

3:10:27

Dated May 13, 2013. The defense

3:10:32

the thirtieth.

3:10:33

>> Excuse me, the defense asks to have, uh,

3:10:37

the written motion added to

3:10:38

the case materials, a copy

3:10:46

of the motion for the prosecution.

3:10:48

>> No. In accordance with Article 235, Part

3:10:51

One, you are required to provide the motion with a

3:10:54

copy.

3:10:56

The court usually corrects your

3:10:59

oversight for you.

3:11:01

Defendant Ofitserov, do you support

3:11:03

the motion submitted?

3:11:04

>> Yes, Your Honor, in full.

3:11:06

>> I see. Defendant Navalny,

3:11:07

do you support what has been submitted?

3:11:08

>> Your Honor, I support this

3:11:10

motion in full, and I would also like

3:11:12

to say the following regarding this motion, this

3:11:15

expert examination, to the court. So,

3:11:17

I was looking at your sad expression when

3:11:19

this linguistic

3:11:20

expert report was being read out, and I understood that I completely

3:11:23

shared, apparently, your thoughts at that

3:11:25

moment. This so-called linguistic

3:11:27

expert examination was commissioned

3:11:30

by an investigator who was directly

3:11:31

involved in fabricating this case and who

3:11:33

had been seconded to the investigative

3:11:35

team from the city of Volgograd, where he was

3:11:37

deputy head of the investigative directorate.

3:11:39

And there, from his own cronies

3:11:41

in the Volgograd Region, he ordered this same

3:11:43

expert examination. The entire purpose of this examination

3:11:45

is one thing only: not simply for us to

3:11:48

listen for the tenth time, first in the

3:11:50

prosecution's presentation, and then

3:11:51

simply on the audio recording, to these conversations

3:11:55

and understand what they are about. Rather,

3:11:57

it is so that the meaning there can simply be distorted,

3:11:58

so that someone can tell us what, exactly,

3:12:02

is supposedly contained in these ordinary

3:12:03

human conversations. And it's simply

3:12:06

ridiculous when, in one of these conversations, Ofitserov

3:12:09

says to me: "Hi, boss-man."

3:12:11

Obviously parodying the very popular at the time

3:12:13

show "Nasha Russia" (a Russian TV sketch comedy show), and yet

3:12:15

the expert conclusion is that

3:12:17

he is calling Navalny the boss, and thus

3:12:19

some kind of relationship is thereby

3:12:20

established. This is just absurd. The purpose

3:12:23

of all this—and it has already been achieved today—

3:12:25

is, essentially, to show all this

3:12:27

on a live broadcast so that

3:12:29

Channel One (Russia's main state TV channel), as it did today,

3:12:31

could say: well, you know, the expert examination

3:12:33

has shown it, and Navalny has already been fully

3:12:34

exposed. Even though all this wiretapping, so-called,

3:12:36

completely, as I have already

3:12:38

said, refutes the prosecution's narrative.

3:12:41

There is absolutely nothing there. Therefore I

3:12:45

support the motion, and perhaps the court

3:12:47

might do well to issue a special ruling

3:12:48

with respect to the disgraceful conduct of

3:12:50

the journalists of Channel One, who

3:12:52

are broadcasting false reports. Thank you.

3:12:56

>> Defense counsel Mikhailova, please.

3:13:00

>> We support it

3:13:02

support it.

3:13:05

Prosecution, do you wish to review

3:13:07

the motion, and are you also able

3:13:09

to state at this time

3:13:12

>> your position on the motion? Your Honor,

3:13:14

of course, we wish to review it. In addition,

3:13:16

at present we object.

3:13:18

In order to decide this

3:13:20

motion on the merits, we need

3:13:22

time. That is the second point. And third, in essence,

3:13:24

this motion clarifies the earlier

3:13:26

motion submitted by the defense and

3:13:28

the defendant on the twenty-ninth, regarding which

3:13:31

the court has already decided to

3:13:33

postpone consideration until the end of

3:13:35

the examination of the prosecution's written evidence.

3:13:37

For the prosecution.

3:13:42

>> So, the court has heard the parties. First,

3:13:44

as to issuing a special, special

3:13:46

ruling, the court cannot at present

3:13:48

resolve this motion

3:13:52

because the court has no information

3:13:54

about what information is being disseminated by

3:13:56

Channel One. As for the motion.

3:13:59

This motion will be decided, uh, when

3:14:03

the previous motion is considered.

3:14:07

A motion has been made to exclude the same

3:14:09

items of evidence that are also listed in

3:14:11

the first motion. I believe that

3:14:14

there is no need to separate these motions,

3:14:16

and therefore

3:14:20

it will be decided at the same time.

3:14:33

>> Please. Continue.

3:14:35

Your Honor, we propose

3:14:36

that we adhere, then, to the order

3:14:38

for examining the evidence that was

3:14:39

proposed to us, that is, to continue

3:14:41

examining Volume Fourteen and

3:14:43

its appendix, namely

3:14:44

Volumes Fifteen and Sixteen. Inventory

3:14:58

Volume Fourteen

3:15:01

case 2627.

3:15:09

Instruction to carry out

3:15:09

operational-search measures dated August 1

3:15:11

of the year [inaudible], under number

3:15:13

201171306812

3:15:15

addressed to the deputy head of the service,

3:15:18

the head of the KMS Directorate of the Russian Security Service

3:15:20

Lieutenant General Voronin, from investigator

3:15:23

Akhmetov, in which he indicated that

3:15:26

the Main Investigative Directorate

3:15:27

of the Investigative Committee

3:15:28

of the Russian Federation has under investigation a criminal

3:15:29

case No. 2011/7136811

3:15:33

was initiated on May 10, 2011

3:15:35

against a lawyer with the Moscow Bar Association

3:15:36

Navalny, former

3:15:37

general director of the Kirov Forest Company

3:15:39

Ofitserov, as well as the former general director

3:15:41

of Kirovles, Opolev, and other unidentified

3:15:43

persons, on suspicion of a crime,

3:15:44

as provided for by Part 3 and Part

3:15:46

5 of Article 33, and Part

3:15:47

4 of Article 160, and paragraph b of Part

3:15:50

3 of Article 165 of the Criminal Code

3:15:52

of the Russian Federation. During the course of

3:15:54

the investigation, Navalny was

3:15:55

charged with committing an offense

3:15:56

provided for by Part

3:15:57

3 of Article 33 and Part

3:15:59

4 of Article 160 of the Criminal Code

3:16:01

a preventive measure was imposed in the form of a written undertaking

3:16:02

not to leave and to maintain proper conduct. At present

3:16:04

it has become necessary to carry out a set of

3:16:06

operational measures aimed

3:16:08

at establishing all the circumstances

3:16:09

of the offense imputed to Navalny, Ofitserov, and

3:16:11

Opolev, in connection with which he

3:16:13

requests that subordinate

3:16:16

operational officers be instructed

3:16:17

to do the following: provide

3:16:19

information on whether Navalny and Ofitserov have

3:16:20

movable and immovable property in

3:16:22

the city of Moscow and the Moscow

3:16:23

Region; carry out measures

3:16:24

aimed at establishing the

3:16:26

location of audio and video recordings

3:16:28

of speeches by Navalny and Ofitserov for the

3:16:29

purpose of subsequently seizing the said

3:16:31

material; ensure monitoring of

3:16:33

the crossing of the border of the Russian Federation

3:16:35

by Navalny, with immediate notification.

3:16:37

In the event that a fact is established

3:16:38

of an attempted border crossing, and

3:16:41

attached is a copy of the ruling dated July 31

3:16:43

2012 on the selection of a preventive measure

3:16:44

for Navalny, as well as the written undertaking not to leave and

3:16:47

to maintain proper conduct for Navalny, from that

3:16:49

same date, July 31, 2012, on one

3:16:52

sheet. Case file pages

3:16:55

59–63.

3:17:05

On the indicated pages,

3:17:09

there is a ruling on the submission of

3:17:10

the results of operational-search

3:17:12

activities to the inquirer, body of inquiry,

3:17:13

investigator, prosecutor, or court, dated August 16

3:17:15

2011, Moscow. Deputy

3:17:18

head of the service, Lieutenant General

3:17:21

Voronin.

3:17:22

ordered that the Main

3:17:24

Investigative Directorate of the Investigative

3:17:25

Committee of the Russian Federation be provided, for

3:17:26

use in the investigation of the criminal

3:17:28

case, with the results of operational-search activities, namely a report

3:17:30

No. 8/k/6

3:17:33

251 dated August 15, 2011, on

3:17:36

one sheet. Case file page 60 contains

3:17:39

the report, signed by operative officer

3:17:41

Seryogin of the Sixth Department on August 15

3:17:43

2011, registration No.

3:17:46

8/k/6

3:17:48

2501

3:17:50

a report regarding the information obtained

3:17:52

states that, within the framework of operational

3:17:54

support of criminal case No.

3:17:56

2011/7136811

3:17:58

being investigated by the Investigative Committee of Russia, in relation

3:18:00

to the former general director

3:18:01

of the forestry company, Ofitserov, and the former

3:18:02

advisor to the governor of Kirov Region

3:18:04

Navalny, on suspicion of a crime

3:18:05

provided for by Part 4 of Article

3:18:06

160, an operational-search

3:18:08

measure was carried out as provided for by Article

3:18:11

6 of Federal Law No. 144-FZ

3:18:13

On Operational-Search Activity, and as a

3:18:15

result of carrying out the

3:18:16

operational-search measure, copies were obtained of

3:18:18

audio and video recordings of speeches

3:18:19

by Navalny and Ofitserov, as well as information on

3:18:21

the location of the said materials, and

3:18:23

the following internet resource is listed: snob.ru,

3:18:27

Echo of Moscow radio, Radio Liberty, and

3:18:30

the Dozhd TV channel. In view of the above,

3:18:32

it is considered advisable to forward

3:18:33

the obtained materials to the Investigative Committee of Russia for

3:18:35

possible use in

3:18:36

the investigation of criminal case No.

3:18:37

2011/71306811

3:18:40

Attachment: DVD

3:18:42

RW disc without number, unclassified.

3:18:49

On case file page 61.

3:18:52

The head of the Directorate of the Federal Security

3:18:53

Service of the Russian Federation,

3:18:55

acting official Yegorov,

3:18:58

notifies Akhmetov and sends to

3:19:00

his address materials obtained as a

3:19:01

result of operational-search

3:19:02

activity carried out in the course of

3:19:03

executing his instruction of August 1

3:19:06

2012. Specifically, he sends

3:19:08

the ruling on the submission of the results

3:19:09

of operational-search activity under No. 8/k/6

3:19:13

dated September 20, 2012, and a report

3:19:15

on the results of execution of the investigative

3:19:17

instruction dated September 19, 2012

3:19:20

. Case file page 62 states

3:19:22

that the ruling on the submission of

3:19:23

the results of operational-search activity dated September 20

3:19:25

2012, Moscow, was issued

3:19:27

also by Yegorov under No. 8 d6

3:19:31

2890

3:19:33

in which it is stated that to the Main

3:19:36

Investigative Directorate

3:19:38

in accordance with this ruling

3:19:40

there is submitted a report dated September 19

3:19:43

2012. Case file page 63 contains

3:19:45

a report regarding the information obtained

3:19:47

which states that, within the framework of operational

3:19:48

support of criminal case No.

3:19:50

5126811

3:19:51

...of the Russian investigation concerning

3:19:54

the former general director of the Vyatka Forest Company

3:19:55

Pyotr Ofitserov and the former adviser

3:19:57

to the governor of Kirov Region, Navalny

3:19:59

on indications of an offense under Part

3:20:00

4 of Article 160 of the Criminal Code

3:20:02

of the Russian Federation, in accordance with

3:20:03

Federal Law No. 144-FZ on operational

3:20:06

investigative activities,

3:20:08

a copy of an audio recording was obtained

3:20:10

of Ofitserov’s speech. In view of the above,

3:20:11

it is considered advisable

3:20:13

to forward the obtained material to the Main Investigative Directorate

3:20:15

of Russia for possible use in

3:20:16

the investigation of criminal case No.

3:20:18

2011/713 13068 11. Attachment: one CD-R disc

3:20:21

without a number, unclassified, signed by Senior

3:20:24

Operative Officer Kuzin of the Sixth Department.

3:20:26

The registration number is also indicated:

3:20:28

8/62889

3:20:31

dated September 19, 2012.

3:20:38

Sixth.

3:20:39

>> Next, page 66 of volume

3:20:41

fourteen of the case file.

3:20:45

Ruling authorizing the conduct of

3:20:46

a residential search, dated August 7, 2012,

3:20:48

Moscow, by a judge of the Basmanny

3:20:50

District Court of the city of Moscow,

3:20:51

Amoshnikova.

3:20:54

Following the review, that is,

3:20:57

of the motion filed for

3:20:58

the search of a residence in

3:20:59

criminal case No. 2011/7130811,

3:21:03

authorization was granted to conduct a search in

3:21:05

the residence of Pyotr Yuryevich Ofitserov,

3:21:06

born in 1975,

3:21:08

located at the address: Moscow,

3:21:10

Oyorna Street, Building 15, Block 1, Apartment 95.

3:21:14

The ruling was announced and entered into

3:21:16

legal force.

3:21:20

Case file page 67.

3:21:22

71. A search and seizure record

3:21:27

dated August 8, 2012,

3:21:29

Moscow, during the period from 18:00 to 19:50,

3:21:32

by investigator

3:21:34

Alexei Alekseyev, a member of the investigative

3:21:36

team, in the presence of attesting witnesses and with the participation of

3:21:39

the accused, Ofitserov,

3:21:41

and his defense counsel,

3:21:45

as well as officers of the FSB of Russia,

3:21:48

on the basis of the ruling of August 7,

3:21:50

2012, for the purpose of locating

3:21:52

and seizing items and documents having

3:21:54

significance for the criminal case,

3:21:58

conducted a search. The participating persons

3:22:01

signed; their rights and obligations

3:22:03

were explained.

3:22:06

Before the search began, Ofitserov was

3:22:08

asked to surrender items, documents, and

3:22:10

valuables relevant to

3:22:11

the criminal case,

3:22:14

as well as items and substances prohibited from

3:22:16

civil circulation. No such items were

3:22:18

produced. During the search, the following were

3:22:22

seized.

3:22:25

An HP laptop.

3:22:36

The hard drives and laptop were packed into

3:22:38

one package labeled No. 1.

3:22:42

Also seized was a videocassette

3:22:47

in EP80 format.

3:22:53

A videocassette bearing the inscription

3:22:57

"Egippeed." Nine videocassettes in DV format.

3:23:00

The said videocassettes were packed into

3:23:02

package No. 2.

3:23:03

In the room

3:23:05

opposite the entrance, an HP laptop was seized

3:23:10

with the marking S8 4029

3:23:13

-251, and a savings book in the name of

3:23:16

Ofitserov,

3:23:22

nine optical discs containing stored

3:23:25

information,

3:23:26

17 optical discs, a storage

3:23:29

device, and a Nokia microSD memory card

3:23:32

of 256 MB.

3:23:37

The laptop was packed

3:23:40

into package No. 3. The optical discs,

3:23:42

memory card, and savings book

3:23:44

were packed into paper package No.

3:23:46

4. All four packages with the listed

3:23:48

contents

3:23:50

were sealed with the package seal of the

3:23:51

Seventh Main Investigative

3:23:52

Directorate of the Investigative Committee

3:23:53

of the Russian Federation and signed by

3:23:55

the attesting witnesses and investigators. The search was

3:23:57

completed. The signatures of the attesting witnesses

3:23:59

and the investigator are present.

3:24:01

From the participating persons

3:24:05

a statement was received from Ofitserov,

3:24:07

specifically that one HP laptop belongs

3:24:09

to his wife,

3:24:12

while the second HP laptop belongs

3:24:14

to his son.

3:24:24

Thus, case file pages 76–77.

3:24:37

Record of inspection of items dated August 27,

3:24:39

2012, Moscow, during the period from

3:24:42

10:05 to 17:30, by investigator of the investigative

3:24:45

team Platonov, in the presence of attesting witnesses,

3:24:50

within the framework of the investigation of criminal case

3:24:51

No. 201136811,

3:24:54

an inspection was carried out of items seized

3:24:56

during the search of the residence

3:24:57

of Ofitserov. The attesting witnesses’ rights and duties

3:25:00

were explained; the corresponding

3:25:01

signatures are present. During the inspection, the following technical means were used:

3:25:03

namely, a personal

3:25:05

computer.

3:25:08

During the inspection, it was established that for examination there was presented

3:25:11

a paper package,

3:25:14

bearing the imprint of the package stamp of the

3:25:16

Seventh Main Investigative

3:25:17

Directorate of the Investigative Committee.

3:25:19

It bore four handwritten signatures.

3:25:22

The packaging showed no damage whatsoever.

3:25:25

Upon opening this package, among other things,

3:25:27

an optical disc was discovered

3:25:29

in DVD-R format, gray in color, bearing the inscription

3:25:32

"Archive 062010." For viewing it

3:25:34

contents

3:25:36

a personal computer was used.

3:25:38

Upon opening the disc, it was established that

3:25:40

the folder contains; the root folder contains

3:25:43

eight directories. Among them is the directory

3:25:44

Natasha Book contains two files in

3:25:47

WMA format titled Natasha Pyotr Book Chapter

3:25:50

Three Project One. Natasha Pyotr Chapter

3:25:53

Three Project Two; upon listening

3:25:54

to which, using the built-in

3:25:56

software, it was established that

3:25:57

the audio recording contains voice samples

3:25:59

similar to the voice of Ofitserov. The second

3:26:01

directory, the Les directory, contains various

3:26:03

text and graphic files concerning the deputy

3:26:05

financial and business interactions

3:26:07

of BLK-sky Rafle with other persons in 2009

3:26:10

year.

3:26:12

volume seventy-nine

3:26:15

also inspected, among other things, was

3:26:17

a plastic case in which there are

3:26:19

the following optical discs: an optical

3:26:22

disc

3:26:25

in DVD-R format; to view its contents

3:26:29

it was inserted; there was used

3:26:31

a personal computer. It was established that

3:26:32

the disc contains directories and text

3:26:34

files. Among them, the following were found and printed

3:26:35

the following files, located in the below

3:26:38

listed directories. Working folder,

3:26:39

accounting, orders. Order Kirov,

3:26:41

official assignment Kirov. Working folder,

3:26:43

accounting, personal details,

3:26:44

business trips, document register

3:26:46

working folder, accounting,

3:26:47

founding documents and Ofitserov sole proprietor documents

3:26:50

Ofitserov sole proprietor, Ofitserov.

3:26:54

A similar file: Yugor, Ofitserov sole proprietor 2

3:26:59

Yugrel, Ofitserov sole proprietor 3, the same for 4, 5, 6, and

3:27:03

EGRL and Ofitserov all working folde

3:27:06

accounting documents for Ofitserov and for

3:27:08

Ofitserov, Ofitserov's passport

3:27:09

certificate of registration of Ofitserov as a sole proprietor

3:27:11

working folder, accounting, foundi

3:27:13

documents, Real Workmen copies

3:27:17

Real Management, as well as a certificate of

3:27:19

tax registration, indicated

3:27:22

enterprise registration certificate

3:27:23

Realmen Order No. 1

3:27:26

RVN. The Les directory contains various

3:27:28

documents relating to the Vyatka Forestry

3:27:30

company.

3:27:36

tourist.

3:27:40

>> In addition, the following will be presented for inspection:

3:27:43

a polyethylene bag, also

3:27:45

containing

3:27:47

an imprint of a stamp of regular round shape

3:27:48

bearing the inscription: For Packages of the Seventh Main

3:27:50

Investigative Directorate of the Investigative

3:27:51

Committee of the Russian Federation, as well as

3:27:52

containing four handwritten signatures.

3:27:55

Upon opening the package, the following were discovered

3:27:57

the following.

3:27:58

>> Could you refer to the volumes that

3:28:00

were announced, because you are jumping through

3:28:01

the documents.

3:28:03

>> Thank you.

3:28:05

A personal computer, an HP-brand laptop.

3:28:07

HP.

3:28:09

The front side of the laptop is made of

3:28:11

plastic material. There is an HP emblem

3:28:13

HP.

3:28:16

There are also plate inserts with

3:28:18

applied explanatory markings

3:28:19

for the HP product, as well as serial number

3:28:23

CNF8075

3:28:26

MHL.

3:28:28

Made in black coloring.

3:28:33

continuing, then, the inspection

3:28:35

of the presented laptop. It was

3:28:37

turned on; after entering the sequence of characters

3:28:41

849839,

3:28:42

after which the operating system granted

3:28:44

access to the personal files

3:28:45

of the user under the names Pyotr and Lidiya. During

3:28:47

the inspection of electronic documents

3:28:50

of the said laptop, directly in

3:28:51

the course of inspecting the contents of the email

3:28:53

correspondence contained in the preinstalled

3:28:55

program

3:28:57

the presence of email messages was established.

3:28:58

sent from the user Alexei

3:29:00

Navalny, navaalis@obakagmail.com

3:29:02

to realmenement

3:29:04

infoakarealmanagement.ru

3:29:06

dated February 24, 2011, at 20:35

3:29:09

under the subject line Kirovles, by which

3:29:10

the following electronic

3:29:12

documents are attached.

3:29:13

Letter apostrophe proc torpk article report.

3:29:18

IPZ based on the audit results, sent from

3:29:21

the user Alexei Navalny, navalna

3:29:23

sobaakmail.com, to Ofitserov Pyotrov

3:29:27

ofitserov.com

3:29:29

dated August 25 of that year at 15:06

3:29:32

under the subject line Greetings there

3:29:34

message: Hi, everything is fine, we should

3:29:35

talk on Skype or something; Masha's

3:29:36

phone number

3:29:38

7912 ending in 0671, sent from

3:29:42

the user

3:29:42

realkmenedmenobakalmanagement.comru

3:29:46

to the address of Alexei Navalny, navalna at

3:29:47

mail.com, dated August 6, 2011

3:29:50

18:10, under the subject line Extract, to which

3:29:52

a document titled VLK is attached.

3:29:55

Further, on pages 84

3:29:59

through 86, there is

3:30:00

a direct printout of the examined

3:30:03

documents.

3:30:06

So,

3:30:09

this is the end

3:30:11

>> Right. It is also stated that

3:30:14

there was opened

3:30:19

the inbox folder. It is indicated th

3:30:24

from Alexei Navalny there was sent on the 24th

3:30:26

of February 2011 at 20:32

3:30:29

to management

3:30:32

uh, of the following file

3:30:36

bearing the following header: an email to

3:30:38

postproc dpk article reporter pz on

3:30:42

the audit results

3:30:45

the following message was received

3:30:50

From Alexei Navalny, addressed

3:30:52

to Pyotr Ofitserov on August 25, 2010

3:30:54

at 15:06

3:30:56

with the following content: "Hi, everything

3:30:58

is fine. Maybe we should talk on the phone

3:30:59

or something. Car. Phone

3:31:01

7912 ending in 0671

3:31:08

also contains: "Hi. How are you, man?"

3:31:10

Miss you a lot. When are you coming back?

3:31:12

End of content.

3:31:19

Among the sent items, there is

3:31:22

a message addressed by Navalny to

3:31:26

the address navalna.com

3:31:29

from realmanagement.

3:31:31

Uh, an extract.

3:31:33

The subject line contains the title "Extract," and

3:31:35

the message reads as follows: "Hi.

3:31:37

That's it, there are no more extracts. That's all, with

3:31:39

respect, Pyotr Ofitserov."

3:31:42

>> File attached.

3:31:46

It is stated that a document was examined from

3:31:48

an HP laptop by means of copying, trans-

3:31:51

ferred to a personal removable

3:31:52

storage device, a flash drive, after which

3:31:54

it was transferred to a personal computer,

3:31:55

an HP 6730 laptop.

3:31:59

Printed using a printing

3:32:01

device.

3:32:03

Thus, the storage device

3:32:05

upon completion of the inspection of the submitted

3:32:06

HP personal computer.

3:32:09

and a Maxtra-brand device, the latter were placed into

3:32:12

their original packaging, the flap of which

3:32:14

was sealed with tape in a manner preventing

3:32:18

access to the contents, beneath which was placed

3:32:19

a fragment of a sheet of white paper with

3:32:21

explanatory notes indicating

3:32:23

the contents of the packaging

3:32:25

and the circumstances of the seizure, as well as

3:32:27

the signatures of the attesting witnesses and the investigator; it bears

3:32:29

one stamp impression for packages of the Seventh

3:32:32

Main Investigative Directorate.

3:32:33

Investigative Committee of the Russian

3:32:34

Federation, with the signatures of the attesting witnesses. Statements

3:32:38

from the attesting witnesses during the completion of the inspection were not

3:32:40

received.

3:32:42

The protocol was read by all

3:32:43

participants

3:32:45

in the process. This protocol also has

3:32:47

relevant appendices

3:32:49

related to the case, in particular on page

3:32:52

104.

3:32:57

An extract from the Unified State

3:32:59

Register states that the limited liability company

3:33:01

limited liability company

3:33:02

Realp-Management is registered at

3:33:04

15 Ozyornaya Street, Building 1, Apartment

3:33:07

95,

3:33:10

case file page 106.

3:33:15

Order No. 11 of February 7, 2006

3:33:18

of the limited liability company

3:33:20

Real Management.

3:33:21

It states that Pyotr Yuryevich Ofitserov

3:33:26

assumes the duties of

3:33:28

General Director in connection with

3:33:30

the absence from the staffing schedule of the position of

3:33:31

accounting employee

3:33:33

and also assumes responsibility for maintaining accounting

3:33:35

records and reporting

3:33:36

upon himself, signed illegibly

3:33:40

or made on page 108

3:33:48

113, an extract from the Unified State

3:33:50

Register.

3:33:51

of Legal Entities with respect to

3:33:52

the company Management,

3:33:55

as already stated in full.

3:34:00

The company is registered at

3:34:02

15 Zyorna Street, Building 1, Apartment 95, Moscow.

3:34:05

And on case file page 111 it is stated that, among

3:34:09

other things, a participant in the company is

3:34:10

Pyotr Yuryevich Ofitserov, the General

3:34:12

Director

3:34:16

resde 137 fourteen.

3:34:25

Requests addressed

3:34:27

to the Senior Investigator for Especially

3:34:29

Important Cases under the Chairman of the

3:34:30

Investigative Committee of the Russian

3:34:31

Federation, Colonel of Justice Gabdulin.

3:34:34

The request was signed by investigator Neni

3:34:36

Akhmetov on November 13, 2012, under

3:34:38

number 2011/7136811

3:34:41

which states that, in connection with the

3:34:43

need that arose during

3:34:45

the investigation of criminal case number

3:34:46

2011/7136811

3:34:49

against Navalny, I request that you inform us

3:34:52

whether, within the framework of criminal case

3:34:54

number 2011/459

3:34:56

415 uh dash 12, pending

3:35:01

before investigator Gabdulin,

3:35:03

computer equipment and other electronic

3:35:05

data carriers belonging to Navalny were seized. If so,

3:35:07

which ones exactly, and were these

3:35:09

items recognized as physical evidence?

3:35:12

From page

3:35:14

138.

3:35:17

Cover letter

3:35:20

from investigator Gabdulin addressed

3:35:21

to Akhmetov, dated the fifth, the fifth,

3:35:23

sorry, of December 2012, under

3:35:25

number 2011/459

3:35:27

41512, which states that in response to

3:35:31

the request, the following is reported: "Within the framework of

3:35:33

the investigation of criminal case number

3:35:34

2011/459 415-1, pending before the

3:35:38

Main Investigative

3:35:38

Directorate of the Investigative Committee of Russia, during a search

3:35:40

of Navalny's apartment

3:35:42

located at Moscow, ulitsa (street)

3:35:44

Lyublinskaya, building 175, apartment 15, there were

3:35:46

seized, among other things, a mobile phone

3:35:48

an Apple iPhone, model A130, SIM card

3:35:52

of the MTS mobile network operator, mobile

3:35:54

iPhone mobile phone, model A1387, with a SIM card

3:35:58

MTS mobile carrier SIM card, MacBook laptop, model A

3:36:03

A1369, serial number C02GY2QYDR4

3:36:10

MacBook laptop

3:36:12

model A1278, Samsung-brand laptop

3:36:16

model NP X360

3:36:20

AA03

3:36:22

iPad tablet computer, single, in one

3:36:25

box with a USB cable and charger

3:36:26

device; iPad tablet computer

3:36:29

Apple brand, model A1396

3:36:32

IMEI: 0126 73028 44542

3:36:37

Apple iPad tablet computer

3:36:39

model A137; also has IMEI 0132

3:36:44

2 3927558

3:36:47

one. System unit of a personal

3:36:49

computer, model Argument, serial

3:36:51

number ARK 3023662.

3:36:54

At present, the above-listed

3:36:56

item is located in office No. 613

3:36:58

of the Main Investigative Directorate

3:36:59

of the Investigative Committee of the Russian

3:37:00

Federation, with the investigator

3:37:02

Lishivtsev. Next page, case file sheet

3:37:05

139

3:37:08

40

3:37:11

order authorizing seizure dated

3:37:13

December 5, 2012; the seizure

3:37:15

was carried out in Moscow by an investigator

3:37:16

of the investigative team, Alexei, within the framework of

3:37:19

the materials in criminal case

3:37:21

No. 2011/7136811

3:37:26

it was ordered to carry out a seizure in

3:37:27

office No. 613 of the Main

3:37:29

Investigative Directorate of the Investigative

3:37:30

Committee of the Russian Federation, from

3:37:32

the investigator

3:37:34

Prishivtsev, for the purpose of locating items seized during

3:37:36

the investigation of criminal case

3:37:38

No. 2011/45941512

3:37:41

during the search of Navalny's residence, located at

3:37:43

175 Lyublinskaya Street, Moscow

3:37:44

apartment 15

3:37:46

iPhone mobile phone, model A130

3:37:49

iPhone mobile phone, model A1387, with

3:37:52

SIM cards, 188 TS; MacBook laptops

3:37:56

model A1369 and model A1278

3:37:59

Samsung-brand laptop

3:38:02

iPad tablet computer, single,

3:38:05

tablet computer

3:38:07

iPad tablet computers, model A1396

3:38:11

and A137, and the system unit of a personal

3:38:14

computer, model Argument, serial

3:38:15

number AR 302366

3:38:18

2, signed

3:38:20

presented by the investigator to investigator Yushevtse

3:38:27

>> Case file sheet 147

3:38:34

copy

3:38:36

of the order authorizing searches

3:38:38

of the residence dated June 9, 2012, city of

3:38:41

Moscow, by a judge of the Basmanny District Court

3:38:42

of the city of Moscow

3:38:45

uh, the petition was considered

3:38:47

for conducting a search of the residence in

3:38:48

criminal case No. 2011/45941512

3:38:52

and the search of the residence was authorized

3:38:53

of the residence of Alexei Anatolyevich Navalny

3:38:55

at the address: 175 Lyublinskaya Street, Moscow, apartment 15

3:38:57

for the purpose of locating and seizing items

3:38:58

and documents.

3:39:03

So, let's do 214

3:39:09

148 153. Sorry. 148 153

3:39:16

protocol

3:39:19

of the search

3:39:21

dated June 11, 2012. Also in

3:39:23

copy,

3:39:28

uh, city of Moscow, during the period from 8:30 to

3:39:31

20:50

3:39:33

by the investigator

3:39:36

of the investigative team

3:39:39

with the participation of attesting witnesses, with the participation of

3:39:41

Navalny, as well as experts.

3:39:45

On the basis of the order of June 9

3:39:46

2012, at the address

3:39:47

175 Lyublinskaya Street, Moscow, apartment 15,

3:39:51

for the purpose of locating items and documents

3:39:54

a search was conducted,

3:39:59

as a result of which

3:40:04

the following was seized,

3:40:06

namely, a black hard drive.

3:40:13

with number ST905004

3:40:16

XSD 101.

3:40:26

So, the following were taken.

3:40:40

Samsung mobile phone, mobile

3:40:42

phone iPhone, model A1387,

3:40:45

mobile phone,

3:40:47

as well as iPhone

3:40:50

with a SIM card.

3:40:52

TS

3:40:56

Nokia mobile phone

3:41:02

HP

3:41:08

Canon video camera, three MTS SIM cards

3:41:24

laptops

3:41:37

cards

3:41:39

six nine-ro

3:41:40

discs.

3:41:55

Damn,

3:41:57

disc.

3:41:58

And then, well, the system

3:42:01

unit, document,

3:42:08

iPad.

3:42:14

All of the above-listed items were packed and

3:42:16

provided

3:42:18

with explanatory labels and certified

3:42:19

seals.

3:42:22

the appendix to the protocol changes,

3:42:26

which is unrelated to our

3:42:27

case.

3:42:29

>> Case file sheets 214 to 225.

3:42:38

>> 225. Let me уточнить, one second. 214, yes, to

3:42:42

225.

3:42:45

Look. Uh-huh. So, the inspection report of

3:42:49

items and documents dated December 28

3:42:52

2012, city of Moscow, during the period

3:42:57

the inspection began on December 28, 2012

3:42:59

at 9:00 and was suspended on the same

3:43:03

date at 13:00; the inspection was resumed also on 28

3:43:06

December 2012 at 14:00 and

3:43:09

completed on December 28, 2010, at

3:43:11

17:00. The inspection was conducted by investigator

3:43:14

of the investigative team, Alexeev, in

3:43:15

the presence of attesting witnesses, with the participation of

3:43:16

specialists

3:43:19

senior experts

3:43:22

from the first and second divisions, Berezhnoy and

3:43:25

Medzheviddinova. Accordingly,

3:43:31

the items serving as information carriers were examined

3:43:33

that had been seized in criminal case

3:43:36

No. 2011713068

3:43:39

111 following the search conducted at

3:43:42

Navalny's residence at the address: Moscow.

3:43:55

The signatures of the participating persons are present. During the

3:43:58

inspection, the following was established.

3:44:06

Thus, among other things,

3:44:15

it was established that the item being examined is

3:44:16

a transparent package labeled

3:44:18

of the Investigative Committee of the Russian

3:44:19

Federation, Main Investigative

3:44:20

Directorate, criminal case No.

3:44:21

2011/71368

3:44:24

containing an Apple iPhone mobile phone

3:44:26

model A187, seized during a seizure operation

3:44:31

sealed with an imprint of the seal used for sealing

3:44:33

the Seventh Main Investigative Directorate

3:44:34

of the Investigative Committee of the Russian

3:44:35

Federation. The packaging is intact.

3:44:38

The package was opened. It contains

3:44:39

an Apple iPhone mobile phone

3:44:41

model 1387

3:44:43

in a black casing.

3:44:46

During the inspection of the SIM card

3:44:48

of this phone,

3:44:53

>> that is, text messages

3:44:54

of interest to the investigation were not

3:44:56

found. Also examined was

3:44:59

a transparent package labeled

3:45:00

Investigative Committee of the Russian

3:45:01

Federation, criminal case No. 2011

3:45:04

robi.

3:45:05

It contains an iPhone mobile phone, model

3:45:08

A13, seized during a seizure operation in criminal

3:45:11

case zavyshena

3:45:13

in criminal case No. 2011/459415

3:45:17

ti 12, sealed with the imprint of the seal for

3:45:19

sealing of the Seventh Main Investigative

3:45:21

Directorate

3:45:24

For the examination of the mobile phone,

3:45:25

a special hardware device was used

3:45:27

with software that

3:45:29

makes it possible to read information

3:45:31

from the mobile phone and SIM cards. During the

3:45:33

inspection, the following was established:

3:45:36

on the mobile phone, the following numbers are indicated as the

3:45:38

equipment identification number:

3:45:39

the following numbers: 012163205106

3:45:46

contacts, phone numbers, SMS

3:45:48

text messages, MMS multimedia

3:45:50

messages, images, and video were found. During the inspection

3:45:52

of the contents of the SMS messages, the following message was found

3:45:54

which has

3:45:55

significance for the criminal case, including

3:46:01

>> says incoming

3:46:04

here is the decision

3:46:06

>> Uh-huh

3:46:08

Incoming. Here, uh, marker, mobile phone

3:46:12

ending in 0.8

3:46:15

with the following content: Alexei, the Ministry of Internal Affairs

3:46:17

pofolog sent materials to the SKP (Investigative Committee Prosecutor's Office) regarding

3:46:18

Kirovles against A.S. Ofitserov, I am writing

3:46:21

a note, I want to comment

3:46:24

sent to the specified number, call, reply

3:46:29

there is no ruling yet, at least I do not have one

3:46:31

I have a certificate and interview records from

3:46:33

otsnu; at least that would be very

3:46:35

much appreciated

3:46:36

interesting after all. Reply only if later,

3:46:40

they are in paper form, they need to be copied,

3:46:42

scanned. And the scanner is only at home.

3:46:43

At work there would be too many unnecessary

3:46:45

questions about it, thank you very much. Incoming

3:46:49

from the same subscriber: both the interview records and the certificate

3:46:52

have been sent. Everything that is incoming, by the way,

3:46:56

has 'fraud' in the headline only because

3:46:57

earlier the notes wrote about a case

3:47:00

of fraud, although that is far from my

3:47:02

wording. Sent, yes, that's nonsense

3:47:04

just a matter of convention.

3:47:06

The contents of the discovered information about

3:47:08

contacts and SMS text messages

3:47:10

from the mobile phone were copied onto

3:47:11

an optical disc. During the inspection of the SIM card,

3:47:13

information on contacts and SMS text

3:47:14

messages of interest to the

3:47:16

investigation was not found.

3:47:27

Next, a package made of dense

3:47:28

blue material was examined

3:47:32

uh, with a label of the Investigative Committee

3:47:33

of the Russian Federation, criminal case No.

3:47:35

2011/71368

3:47:38

containing a computer system unit

3:47:40

argument seized during a supplementary seizure in

3:47:42

criminal case No. 2011 doro 459

3:47:45

41512, sealed

3:47:48

for the package with the stamp for packages of the Seventh

3:47:51

Main Investigative Directorate

3:47:51

of the Investigative Committee of the Russian

3:47:52

Federation, with the signatures of the persons involved. The packaging is not

3:47:54

damaged. The package was opened.

3:48:00

From the system unit there was extracted

3:48:02

a hard disk drive.

3:48:10

Thus, to block writing to

3:48:12

the information carriers under examination,

3:48:14

specialized

3:48:15

software and hardware

3:48:17

devices are used.

3:48:18

Further, also with the aid of software

3:48:21

among the informational

3:48:23

contents of the submitted storage medium,

3:48:25

a search was conducted for files containing

3:48:26

information of significance to the

3:48:28

criminal case, and in the directory at the path

3:48:31

user Chrome

3:48:34

default. A file named f was found

3:48:37

apostrophe 207562.

3:48:40

Its last modification date is October 25

3:48:42

2011, at 22:00, exactly 22:00.

3:48:46

9 seconds. The contents of this file

3:48:48

consist of reports and text

3:48:49

of email messages, among which

3:48:51

there are some of interest

3:48:52

to the investigation. During the inspection,

3:48:54

the investigators

3:48:56

selected the materials of interest to the investigation

3:48:59

the texts of email messages,

3:49:01

which were printed out during the inspection

3:49:02

for use as an attachment to

3:49:04

the inspection record. The files discovered during

3:49:05

the inspection were copied onto

3:49:07

an optical disc.

3:49:09

Also

3:49:15

>> Uh-huh. Also examined was

3:49:17

a briefcase, a laptop bag

3:49:20

made of dense black fabric,

3:49:23

from which a laptop was then examined,

3:49:25

a Samsung laptop, also seized as part of a seizure in

3:49:28

criminal case No. 2011/459 41512

3:49:32

bearing the seal impression for evidence bags of the Seventh

3:49:34

Main Directorate, containing

3:49:36

the signatures of the persons involved; the packaging was intact.

3:49:40

Samsung brand laptop, serial number

3:49:43

FD2493 3 JQU B2

3:49:47

166T.

3:49:50

During the inspection, the laptop's

3:49:52

hard magnetic disk drive was removed

3:49:54

. On the upper surface

3:49:56

there is a sticker with serial number KRBA

3:50:00

5902425,

3:50:01

A20CB8,

3:50:04

AU293.

3:50:07

To block writing during the examination

3:50:09

of the data carrier, using

3:50:11

specialized hardware

3:50:12

equipment.

3:50:14

Also, with the aid of special

3:50:15

software, among

3:50:17

the informational contents of

3:50:18

the submitted storage device, there was conducted

3:50:19

a search for files containing

3:50:22

information of significance to

3:50:23

the criminal case. It was established that

3:50:24

the submitted storage device is divided into two

3:50:26

logical disks, provisionally designated

3:50:30

HDD1 and HDD, on which the following were found

3:50:33

the following files of interest

3:50:35

to the investigation.

3:50:36

Namely, the file names: Kirovles,

3:50:38

situation Pokagub review, consolidated analysis

3:50:40

of cargoes. Memorandum 3. Comparison of prices for

3:50:42

delivery; memorandum on the results of

3:50:43

the joint activities of VLKA and KOGUB.

3:50:45

Table of comparative pricesgub

3:50:48

VLK. Table of comparative pricesgub VLK.

3:50:51

One. Memorandum on the results of the joint

3:50:53

activities of VLK and KGUP. Memorandum No.

3:50:55

1. Monitoring center Kirovles.

3:50:57

Draft balance sheet as of June 30, 2009

3:50:59

. Balance sheet

3:51:02

balance sheet as of December 31, 2008. balance sheet

3:51:06

Form 2 as of June 30, 2009; Form 2 as of

3:51:10

December 31, 2008; Salikamsk1 work plan

3:51:13

for PKL, technical assignment, and memorandum

3:51:16

No. 2. In addition, during the inspection of the

3:51:18

storage device, service files were found

3:51:20

for the program used to exchange electronic

3:51:21

messages. When decoding the service

3:51:24

files of Microsoft Outlook,

3:51:26

databases of sent and received

3:51:27

electronic messages were found; when decoded,

3:51:29

each electronic message

3:51:31

is automatically decoded and

3:51:33

saved together with the message's

3:51:35

files. Each electronic

3:51:36

message corresponds to its own

3:51:37

individual folder. This folder

3:51:40

contains the original message, a text

3:51:41

file containing transmission attributes,

3:51:42

receipt data and the message text, as well as

3:51:44

an attached file, if any. During

3:51:45

the inspection, the data obtained were

3:51:47

examined by the investigators, and

3:51:49

electronic messages of interest to the investigation

3:51:51

were identified, as were attached files.

3:51:53

Data carriers of interest

3:51:55

to the investigation, message files, and attached

3:51:57

files were printed out during the inspection

3:51:59

using a printer.

3:52:03

Recorded onto an optical disc. A directory was created

3:52:05

under the name "Samsung laptop."

3:52:07

After the inspection, the inspected items were packaged

3:52:09

in their original packaging and sealed

3:52:11

with evidence-bag seals of the Seventh Main

3:52:13

Directorate. They were provided with

3:52:15

the signatures of the witnesses and investigators.

3:52:17

The witnesses were ознакомлены with the inspection record.

3:52:19

Signatures are present.

3:52:21

Attached to the inspection record are an optical

3:52:23

disc and printed documents. Before

3:52:25

the start of, during, or after the inspection,

3:52:27

no comments from the participating persons

3:52:29

were received, as confirmed by the corresponding

3:52:30

signatures.

3:52:37

15 16

3:52:50

>> Yes, we

3:52:51

>> Are we going to be reading for much longer today? It seems

3:52:53

the working day is already over. The Labor Code.

3:52:55

I can see the court clerk is unhappy

3:52:57

about this departure from standard practice.

3:53:01

>> She will appeal to the appropriate authority

3:53:03

with a complaint if necessary. What time is

3:53:06

your train?

3:53:08

>> Besides your train, we also have

3:53:09

cases in Kirov that had been scheduled

3:53:12

in advance.

3:53:14

>> At what time do you have

3:53:15

>> Is this connected with the defense's statement? We

3:53:16

are accusing officers as well, among others. At

3:53:18

what time are those matters scheduled? 8

3:53:20

p.m.

3:53:21

>> Yes.

3:53:28

We can work until 6 o'clock.

3:53:33

Well

3:53:33

>> You have probably already decided until

3:53:34

what time we are working.

3:53:35

>> I'm asking you.

3:53:37

>> We can.

3:53:38

>> We can. Perhaps we should schedule

3:53:39

a hearing.

3:53:40

>> We still need to agree on the schedule.

3:53:42

>> Will that take long?

3:53:43

>> I don't know.

3:53:45

>> Let's continue until six and examine

3:53:48

Volume 16. Volume 15.

3:53:50

The sixteenth.

3:53:53

to be examined.

3:53:55

>> So, they asked to examine the case file pages

3:53:57

>> this attachment.

3:53:59

>> One moment, that is not in your list

3:54:01

of Volume 15. In that case, please file

3:54:03

a motion to change the order

3:54:06

of examining the evidence. Right now we

3:54:07

have added one item, tomorrow we will add another,

3:54:09

the day after tomorrow a third one, part of the inspection record

3:54:11

of the proposal. I announced that

3:54:14

the inspection record, that is,

3:54:15

includes printed documents and

3:54:17

an optical disc, so we are examining them.

3:54:19

We cannot split them apart.

3:54:21

Your Honor, in the list of evidence

3:54:22

presented by the prosecution,

3:54:24

there is no reference to this volume. And in this

3:54:26

case, from the standpoint of criminal

3:54:28

procedure, which we are all observing,

3:54:30

it would probably be appropriate to file

3:54:31

a motion clarifying the evidence

3:54:33

you are presenting.

3:54:38

You do not wish to make a motion, because

3:54:40

a motion has already been made

3:54:43

to read out the inspection record of the items.

3:54:45

Well, I see. The court does indeed consider

3:54:49

that since the attachment located in Volume

3:54:51

15 is an attachment to the inspection record,

3:54:53

the reading out of which was requested

3:54:56

and to which the defense

3:54:57

agreed, I think the attachment

3:54:59

does not require an additional motion

3:55:01

to be read out. Please proceed.

3:55:04

>> So, case file page one. Found on

3:55:08

the storage medium

3:55:10

the hard magnetic disk of the system unit

3:55:12

contains the text of email

3:55:14

messages.

3:55:16

Unfortunately, in printed form they

3:55:20

somewhat disrupt the sequence and

3:55:22

chronology. So, unfortunately, in

3:55:25

printed form the texts disrupt

3:55:27

the sequence and chronology, but they are

3:55:30

set out in more detail in the indictment,

3:55:32

so I will read them as

3:55:35

they are. Not in the indictment.

3:55:37

Please tell me which pages in Volume 15

3:55:39

you are reading out?

3:55:40

>> So, the third, fourth, and seventh.

3:55:43

>> All right, once again.

3:55:45

Then 15

3:55:46

>> 10 through 11, fifteenth, fourth, third

3:55:49

fourth, fifth

3:55:50

>> from the twenty-third through the twenty-seventh

3:55:52

>> third, fourth, fifth, then once again

3:55:53

repeat from

3:55:54

>> I did not say the fifth

3:55:56

>> then let's start from the beginning

3:55:57

>> from the beginning, then

3:55:58

>> What I want to write down is what you are going to read out

3:56:00

please, perhaps let's do it as we go

3:56:03

>> As we go, I will name the case file pages and you

3:56:04

write them down, please

3:56:05

>> One moment, since your

3:56:07

evidence is not on this list, I cannot

3:56:08

write in my record in advance right now

3:56:11

which pages of the file you are reading out

3:56:12

please, the list

3:56:14

the whole list. Please confirm what you will

3:56:15

be examining now.

3:56:16

>> The court has already stated its ruling here. Why

3:56:18

repeat it?

3:56:18

>> Thank you very much.

3:56:19

>> Once again. Third. Fourth.

3:56:22

Seventh.

3:56:24

Tenth, eleventh.

3:56:28

>> Fifteenth.

3:56:30

From the twenty-third through the twenty-seventh.

3:56:35

Next

3:56:36

>> thirtieth. thirty-second through thirty

3:56:37

second

3:56:39

thirty-fourth

3:56:42

from the thirty-seventh through the thirty-eighth

3:56:45

116 through 121

3:56:47

>> 116

3:56:48

>> through 1215

3:56:54

through 14

3:56:59

and 145 through 150

3:57:05

168 through 169

3:57:11

175

3:57:14

then 211, 2121

3:57:21

223

3:57:24

>> I skipped 222, 223

3:57:31

well, 224 through 227. So,

3:57:56

case file page three

3:57:59

contains the text of messages, namely,

3:58:01

emails from Alexei Navalny,

3:58:05

addressed to officer Pyotr: "Hi. Tomorrow

3:58:07

I only have commitments from 11:00 to 12:00.

3:58:09

I suggest arranging it for around 12:30.

3:58:11

We'll coordinate with Alikamsk and sort everything out."

3:58:15

Uh, from officer Pyotr

3:58:18

to Alexei Navalny, the message reads: "Hi,

3:58:20

when tomorrow are you available to meet with

3:58:22

Agrosimul? I'll send you the letter tomorrow via

3:58:24

the unified platform. Regarding Salikamsk,

3:58:26

I need them to sign a contract

3:58:28

with me. They already have a contract with LLC Vyazkaya

3:58:29

Forest Company under review

3:58:31

for the fourth week. We need to call

3:58:33

and ask them to speed up the signing of the contract with

3:58:34

us. Can you do that? If necessary, I can

3:58:37

go there. Otherwise, what's the point? Waiting. With

3:58:39

respect, officer Pyotr."

3:58:45

Case file page four.

3:58:48

So, here, then,

3:58:51

from Navalny

3:58:53

to Officerov.

3:58:54

Hi, tomorrow I only have commitments from 11:00 to

3:58:56

12:00. I suggest around 12:30.

3:58:58

We’ll sort everything out by agreement with Solikamsk.

3:59:01

Right, moving on. From Ofitserov to Navalny.

3:59:03

Hi. What time are you free tomorrow

3:59:05

to meet with Igrosimul? There is

3:59:07

a repetition, so I’m reading the whole letter. I

3:59:10

will give you tomorrow the materials on the unified platform

3:59:11

regarding Solikamsk. I need them

3:59:13

to sign a contract with me. They have already had

3:59:15

the contract with the forestry company bundle under

3:59:17

review for the fourth week. We need

3:59:18

to call and speed things up.

3:59:22

Right,

3:59:24

the seventh one is done.

3:59:34

from Alexei Navalny to Ofitserov

3:59:38

May 4, 2009

3:59:41

at 3:45. I have an important request for you: can you

3:59:43

send one of your guys

3:59:44

to buy an inexpensive phone

3:59:46

— a Nokia, around 3,000 rubles (about $90 at the time) — with a SIM card from any

3:59:47

operator, and put

3:59:50

1,000 rubles (about $30 at the time) on the account. Register the phone in anyone’s name

3:59:52

you like, just not in your name. The plan should be

3:59:54

something without a monthly fee,

3:59:55

so it can sit unused as long as necessary and still remain

3:59:57

active. And tomorrow morning, hand me

3:59:59

just the ready-to-use phone, without any boxes or anything.

4:00:01

I really need it. And finally set yourself up

4:00:03

an email account on Gmail, otherwise there’s no secrecy

4:00:05

with you.

4:00:09

Right, moving on, from Ofitserov

4:00:11

to Navalny on the same page. If

4:00:14

they load everything little by little, then it still

4:00:17

comes out, by calculation, to a total of

4:00:18

16 million for pulpwood alone, 4.5 cubic meters.

4:00:22

Although, you know, it may be that — and most likely it is —

4:00:23

that the railway doesn’t care about cubic meters and

4:00:26

calculates a railcar at 60 tons. In it, the timber is

4:00:28

20 tons. But do we calculate by railcar or by

4:00:31

the unit of measure, 1 cubic meter = 1 ton? That seems more

4:00:34

realistic, I think. Respectfully,

4:00:35

Ofitserov. Pyotr.

4:00:40

Moving on.

4:00:47

Tenth, eleventh: from Ofitserov

4:00:49

to Navalny, May 3, 2009, at 11:30.

4:00:54

Uh, hi. Overall, there’s not as much information on it as

4:00:57

I expected. Makoveyev

4:00:59

is supposed to prepare a memo on it. He was busy

4:01:01

for two days, really trying — he wants to get

4:01:03

credit for it — so I think it will contain

4:01:04

the maximum amount of information on this pulp-and-paper mill.

4:01:06

I can only dig things up from the internet. As of today, regarding

4:01:08

it, the situation is as follows.

4:01:10

The contract has been concluded; ours is under

4:01:12

review, but not signed. There are two

4:01:14

factors there: internal bureaucracy, and I think

4:01:15

they are waiting for the situation to develop, plus

4:01:17

probably

4:01:18

Makaveyev stirring things up so he can remain

4:01:20

the main specialist on the mill. Further on this matter,

4:01:22

a quota has been signed for 9,000 cubic meters of pulpwood

4:01:24

of fir, GOST 9463-88,

4:01:29

first and second grade, through the end of the year for

4:01:30

Kogub. That is a little over, uh, 1,000

4:01:34

cubic meters per month. We need at least 3,000 per

4:01:37

month. More is possible, but there are

4:01:39

several issues. First, a payment deferral of

4:01:41

25 days. Second, deferred payment on

4:01:42

rail freight charges, also about the same, and

4:01:45

that means tying up money for all that time. Third,

4:01:47

very strict acceptance standards, which lead to

4:01:49

a large amount being sorted out, although

4:01:51

that is a matter of negotiation, so it’s not worth

4:01:53

worrying about. I think I’ll be able to handle that myself later.

4:01:56

That’s what I think. Fourth, he also kind of

4:01:57

complained about unstable operations,

4:01:59

the lack of delivery schedules, and so

4:02:00

on. But in my view, that too is a matter

4:02:02

of negotiation. I think one to three working

4:02:05

meetings at my level will solve this

4:02:06

problem. But if the conversation goes there,

4:02:08

it can also be handled at your level. Overall, my conclusion

4:02:11

is this: the main issues that, in my

4:02:13

view, are worth pushing for are, first,

4:02:14

an increase in the quota by 3,500 to 5,000 m³

4:02:19

per month, that is, by the end of the year to 25

4:02:21

to 30,000 m³; second, a reduction

4:02:24

in the payment deferral period by at least

4:02:27

10 days, though that is more a matter for future development,

4:02:29

because if I were in their place, what would be the point of shortening

4:02:32

the deferral? Uh, they will try, on the contrary,

4:02:35

to increase it. That’s what I would do. The quota for

4:02:37

Kirov companies could be canceled, but that

4:02:38

would lead to the fact that

4:02:39

Perm companies would start registering, and so on, while

4:02:41

the buyers would remain the same. Therefore, it makes

4:02:43

sense to talk about a share and an overall percentage in

4:02:45

the supply volume, and about concluding a contract

4:02:47

as with a strategic supplier, but

4:02:49

then they will squeeze hard on the terms, uh,

4:02:52

of the deal. So the issue of a strategic

4:02:54

supplier has to be approached very carefully.

4:02:56

Generally speaking, Nikita shouldn’t go there, but

4:02:58

that’s just my purely subjective opinion

4:03:01

off the top of my head. Respectfully, Ofitserov,

4:03:03

Fyodor

4:03:07

quoted verbatim.

4:03:10

Right, page fifteen of the case file.

4:03:16

So, this is from Alexei to Navalny,

4:03:19

Navalny, that is, to Ofitserov

4:03:21

dated May 4, 2009. Petya, I have an important request for you.

4:03:24

Can you send someone

4:03:26

from your guys? This is already a repetition here — to

4:03:28

buy an inexpensive Nokia phone for around

4:03:30

3,000 rubles (about $90 at the time), with a SIM card from any operator. And

4:03:32

put 1,000 rubles (about $30 at the time) on the account. And the phone

4:03:35

should be registered in anyone’s name, but not mine,

4:03:37

and not yours. Some kind of plan without

4:03:39

a monthly fee, so it can sit

4:03:40

unused as long as needed and still remain active. Uh,

4:03:44

right,

4:03:47

and further on, on the same page, from

4:03:49

Pyotr Ofitserov to Alexei Navalny, May 4,

4:03:52

2009.

4:03:54

Right, here too the message is already being repeated.

4:03:57

That means, if they load everything

4:03:59

little by little, it still comes out to

4:04:00

a total of 16 million by calculation.

4:04:02

Only pulpwood: 4.5 cubic meters.

4:04:08

So, this has already come up before.

4:04:10

20,327.

4:04:23

That’s how it goes.

4:04:29

>> So, 2324 is already a duplicate.

4:04:32

It was already examined.

4:04:33

>> Everything that

4:04:35

>> So, the 23rd, from Ofitserov

4:04:37

to Navalny, May 3, 2009, uh,

4:04:41

Hi, overall there’s information on him. So, as I

4:04:43

expected, Makovek is supposed to prepare

4:04:44

a memo on this. He was busy for two days,

4:04:46

worked hard, wants to get credit for it, so

4:04:49

I think it will contain the maximum amount of information on

4:04:50

this pulp-and-paper mill. I can only dig things up from the internet

4:04:52

myself. As of today, the situation with it

4:04:53

is as follows. The contract has been agreed with Kagub; ours is under

4:04:56

review, but not signed. There are two

4:04:58

factors there: internal bureaucracy, some kind of

4:04:59

waiting period, clarification of the situation, plus

4:05:01

possible maneuvering by Makoveev to

4:05:02

remain the main specialist on the mill. Further on

4:05:05

it, a quota for pulpwood has been signed

4:05:07

for spruce and fir.

4:05:09

So, at least 3,000 cubic meters per month are needed,

4:05:11

more is possible, but there are several issues there,

4:05:13

a 25-day payment deferral, deferral

4:05:14

of payment on the rail tariff,

4:05:16

very strict acceptance procedures, which lead to

4:05:18

a large amount of rejected sorting, although

4:05:20

that’s a matter of agreement and not something to

4:05:21

worry too much about.

4:05:23

Also, one can complain about the instability

4:05:24

of operations, the lack of delivery schedules, and

4:05:26

so on. Overall, the conclusion is that we need to

4:05:29

increase the quota to 3,500 cubic meters per

4:05:31

month. Also, shorten the payment deferral period

4:05:34

by at least 10 days. The quotas for

4:05:37

the Kirov companies should be canceled.

4:05:42

Further,

4:05:46

so

4:05:50

and so on. So, on page twenty-five of the case file we

4:05:53

have

4:05:57

a printed text

4:06:01

with the following content: materials for

4:06:02

a meeting with the president of Salikams BumProm LLC

4:06:04

Baranov. Questions for

4:06:05

ensuring

4:06:07

uh, discussion, excuse me, on

4:06:08

ensuring the stability and transparency

4:06:11

of raw material supplies to Salikamsk BumProm from

4:06:13

the Kirov Region, on the possibility of

4:06:14

increasing supplies, on the possibility of

4:06:16

organizing at Salikamsk BumProm

4:06:17

the production of cardboard for food

4:06:18

packaging of the Tetra Pak type.

4:06:21

Attachment: information, accordingly, on

4:06:23

the production of packaging materials and on

4:06:25

the main consignees of timber products

4:06:26

shipped from the railway station in 2008.

4:06:29

Also, a copy of Evilov’s letter to Governor

4:06:33

Belykh.

4:06:34

The following information comes next.

4:06:36

Classification of coated cardboard.

4:06:38

A European classification is provided.

4:06:42

Now, page twenty-six.

4:06:45

The advantages of coated cardboard, its

4:06:47

uses. So, coated cardboard

4:06:49

differs from ordinary cardboard in appearance.

4:06:53

Right.

4:06:59

Right.

4:07:02

And material of similar content continues up to the

4:07:04

twenty-seventh page. Now, the thirty-

4:07:08

second page of the case file.

4:07:13

So, then,

4:07:15

from Navalny to Ofitserov, April 23, 2009.

4:07:19

year.

4:07:23

Sorry, a little higher up.

4:07:28

A little higher.

4:07:32

So,

4:07:34

from, from Navalny to Ofitserov, so,

4:07:37

there is a text with the following

4:07:39

content. The reference to the Vorsky pulp-and-paper mill should be removed there.

4:07:41

It should simply say OAO Volga (Open Joint-Stock Company Volga),

4:07:43

basically it’s the same entity, but it’s better to correct it

4:07:45

so that there isn’t an awkward mix-up.

4:07:48

Next, also from Navalny to Ofitserov,

4:07:52

dated April 23. Wow, is all of this

4:07:54

really true? And with Domov we signed for 130

4:07:56

cubic meters, or 1,300.

4:07:59

Next, Ofitserov to Navalny, dated April 23:

4:08:03

Hi, attached is the memo. What’s in

4:08:04

it is all true; I didn’t exaggerate anything.

4:08:06

Take a look and see if it works. Best regards,

4:08:08

General Director of the consulting

4:08:10

company Real Work Management.

4:08:15

So

4:08:17

moving on. The thirty-first page of the case file,

4:08:21

so, from Ofitserov to Navalny. As for

4:08:24

the money required, the payroll fund will need to be

4:08:28

11,700, including me; without me, 72,000.

4:08:31

Theoretically, my payment can be postponed until the next

4:08:33

month. Payroll tax: about 17,000

4:08:36

approximately; I’ll be able to say more precisely after the calculation,

4:08:38

but the amount will remain roughly the same.

4:08:40

We need branding development right now:

4:08:42

3,000 rubles. Because with what we currently have

4:08:44

for timber, it’s ridiculous. Uh, and we need to make

4:08:47

letterheads, business cards, little envelopes, envelopes, and

4:08:49

so on. But this is basically just a deposit.

4:08:51

The main amount can be paid later.

4:08:53

Better to do it now so as not to drag things out. And

4:08:55

we also need 3,000 rubles for mobile phone service right now.

4:08:57

Office supplies: 3,000; we have nothing. Total

4:08:59

we need to prepare 143,000, or without me

4:09:02

98,000.

4:09:03

Right now I’m waiting for a payment from Domov of 260,000

4:09:06

of which 13,000 is mine. Then subtract taxes and

4:09:08

so on. The big orders are still hanging. I don’t

4:09:10

know whether I’ll manage to move anything forward by the end of April, uh,

4:09:14

probably not. It’s not possible to speed things up

4:09:15

because the shipping cycle is still

4:09:17

at least a week by rail, and there’s no road transport yet.

4:09:20

So we keep working and wait for May. Best

4:09:23

regards, General Director of the consulting

4:09:25

company Real World Management.

4:09:28

Moving on. On the same page

4:09:30

Navalny to Ofitserov, April 23, 2009.

4:09:33

year. Expletive. Yes, there’s a new snag here.

4:09:36

I need the Perm train we took

4:09:38

last time, but for now there’s only one SV (first-class sleeper)

4:09:40

left; there are compartment cars. We booked

4:09:42

one SV. And tomorrow we’ll try to grab another

4:09:44

SV from a canceled reservation. If we don’t get it,

4:09:47

then we’ll buy you a compartment berth. If that doesn’t

4:09:49

work for you, then say: "Let’s not take

4:09:51

the compartment berth."

4:09:53

So, here as well

4:09:55

here, then, there is a message from

4:09:57

Ofitserov to Navalny. Uh, so, the logo

4:10:02

for tomorrow—what time?

4:10:06

So,

4:10:11

thirty-fourth.

4:10:15

page 34 of the case file: Ofitserov

4:10:18

to Navalny, April 13, 2009.

4:10:22

Hi, attached is a logo option for

4:10:25

the company’s corporate identity. What do you think? Respectfully,

4:10:27

General Director of the consulting

4:10:30

company Chita.

4:10:42

thirty-seventh, thirty-eighth.

4:10:43

So,

4:10:47

from Ofitserov to Navalny: attachment, memorandum

4:10:49

on the activities of the LLC. Hi. Attached is

4:10:52

the memorandum. Everything in it is true,

4:10:53

I didn’t exaggerate anything. Take a look,

4:10:55

it should work.

4:10:57

Next, from Ofitserov to Navalny

4:11:00

uh, April 10, 2009.

4:11:04

Thirty-eighth. From the case file: Hi. The scheme

4:11:06

here is a tricky one. Any other way would be sharply

4:11:08

more difficult. For example, TsBK, IFK. The contracts

4:11:10

will be on deferred payment terms. The deferral may be 3

4:11:12

days, or it may be 30 days. Their volumes

4:11:13

can range from 1,000 to 4,000 or more

4:11:16

cubic meters. If it’s 5 days,

4:11:17

that’s fine, but what if it’s 35? And if we, for example,

4:11:20

sign a contract with KL for 15 days, where

4:11:23

do we get the money? So I decided it would be

4:11:25

more convenient and fair at the first stage

4:11:27

to make an appendix for each client.

4:11:28

And, of course, it will be a hassle, but we

4:11:30

will manage. That is, if the appendix

4:11:31

states that the company

4:11:34

company

4:11:35

Romashka we supply on a prepayment basis, then within

4:11:37

5 days after the acceptance certificate I send the money

4:11:39

to KL. And if the deferral is 30

4:11:43

days, then after 30 days. This is,

4:11:44

of course,

4:11:46

a pain, but the thing is that here it’s all the same

4:11:49

anyway. For each shipment, an appendix is made

4:11:50

covering the technical

4:11:51

specifications, transportation terms

4:11:52

and so on. Therefore,

4:11:54

if payment terms are included there as well, then

4:11:57

it will be more convenient, I think.

4:12:00

Next, on this same page of the case file, Alexei

4:12:02

Navalny to Pyotr Ofitserov, April 9, 2009.

4:12:06

The following message text. It seems

4:12:08

everything is okay. But you didn’t include all those agency

4:12:11

commissions, did you? Where’s the 7%? Do you

4:12:14

just agree on that verbally in advance

4:12:16

and determine the price that way? And I didn’t understand

4:12:18

the payment procedure—where does it say

4:12:19

whether it’s prepayment, or payment with deferred

4:12:21

payment, or whether we pay upon

4:12:22

delivery. For example, VLK has an order for

4:12:25

500 cubic meters of timber from Kazakhstan. We gave

4:12:27

the order to KL, they supplied us with the timber, and we transport

4:12:30

it to Kazakhstan. When does VLK transfer

4:12:33

the money to KL? After the timber is accepted

4:12:35

in Kazakhstan, or after

4:12:37

Kazakhstan makes a prepayment? And if there is

4:12:38

no prepayment?

4:12:44

So.

4:13:03

116

4:13:10

121 of the case file.

4:13:13

This contains the text of a letter

4:13:16

to the Governor of Kirov Region, Belykh.

4:13:19

So,

4:13:21

signed by the governor’s adviser

4:13:23

Navalny, dated August 10, 2009.

4:13:28

So, there are a number of sections.

4:13:33

So, in particular, the first section is

4:13:35

the report as a whole.

4:13:39

This concerns the analysis of the report by the firm

4:13:41

Vyatka Academy Audit on conducting

4:13:43

an audit of KOGUP Kirovles. Uh,

4:13:46

second, an analysis of the enterprise’s fulfillment of

4:13:48

the state powers assigned to it.

4:13:50

The third section is an analysis of

4:13:52

the enterprise’s contractual and sales policy.

4:13:59

Tables are provided

4:14:02

for the forestry units. The fourth section: analysis

4:14:04

of forest fund leasing and conclusions.

4:14:18

So, 135

4:14:21

through 144 of the case file,

4:14:25

in particular, there is, uh, a text

4:14:28

document, a memorandum on

4:14:30

the results of the joint activities of VLK

4:14:31

and KOGUP Kirovles.

4:14:33

Mm. So,

4:14:37

on page 139 of the case file, with the signature "Respectfully,"

4:14:40

General Director of Vyatkosnab, Ofitserov.

4:14:43

There are also several sections

4:14:45

in this memorandum, including a section on

4:14:48

intentions, the pricing mechanism,

4:14:50

and financial results.

4:14:55

So.

4:14:59

So. Interaction mechanism. Assessment

4:15:01

of the report by the audit company Vyatka

4:15:03

Academy Audit.

4:15:14

And so on.

4:15:18

145

4:15:21

and 150 of the case file are the appendix to

4:15:23

this memorandum.

4:15:27

So.

4:15:32

168, 169 of the case file. So, a letter

4:15:37

to the president of Solikamsk Bumprom, Baranov, signed

4:15:40

by the governor’s adviser

4:15:42

Navalny.

4:15:45

Dear Viktor Ivanovich, in fulfillment of

4:15:47

the agreement reached at the meeting between

4:15:49

the Governor of Kirov Region and

4:15:51

the management of Solikamsk Bumprom, a number of measures have been carried out

4:15:52

on the following points.

4:15:55

for the full utilization of the supply quota

4:15:57

50,000

4:15:58

cubic meters of pulpwood from coniferous forests.

4:16:00

The administration of Kirov Oblast

4:16:02

initiated the creation of a pilot project

4:16:03

for a regional procurement platform, where

4:16:05

favorable conditions have been created for

4:16:07

timber suppliers. An entirely new

4:16:08

procedure has been established for paying for raw materials on the day

4:16:10

the transaction is concluded, as well as

4:16:12

the provision of a 50% advance payment,

4:16:15

which makes it possible to

4:16:16

fulfill the agreements reached in full and on time. As a

4:16:18

result of the work carried out to select

4:16:20

a reliable and efficient

4:16:21

organization capable of fulfilling

4:16:24

the quota for supplying coniferous pulpwood,

4:16:25

Vyazskaya Lesnaya Kompaniya LLC was selected

4:16:27

as the company, and it is

4:16:29

the official dealer of Raffles Group.

4:16:31

Vyazskaya Lesnaya Kompaniya ensures

4:16:33

delivery of the declared volume of

4:16:35

50,000 cubic meters by rail.

4:16:37

The details of Vyazskaya Lesnaya Kompaniya are provided.

4:16:39

Second. The issue was also examined of, uh,

4:16:42

the possibility of transporting coniferous pulpwood

4:16:45

by road.

4:16:48

Third. So,

4:16:51

a proposal is being made to establish

4:16:53

a water route through the northeastern

4:16:55

part of Kirov Oblast to Solikamsk.

4:17:01

Next, the fourth point is that

4:17:03

attention was drawn

4:17:05

and it was proposed to create a zone

4:17:07

of guaranteed timber harvesting in the

4:17:09

northeastern part of Kirov

4:17:10

Oblast, bordering Perm Krai

4:17:12

(a federal subject of Russia).

4:17:16

Right.

4:17:26

Uh, so

4:17:28

on page 175 of the case file there is

4:17:33

the following document, without signatures, without

4:17:35

a seal. In the upper right-hand corner it says

4:17:38

approved by order of the Department of

4:17:40

State Property. Terms of reference for

4:17:42

conducting an initiative audit of KOGUP

4:17:44

Kirovles. First: a comparative analysis

4:17:45

of the enterprise’s operations for the first

4:17:47

half of the year

4:17:48

2009, and also the second quarter of 2008. Second:

4:17:53

an analysis of the enterprise’s fulfillment of

4:17:54

the state powers assigned to it.

4:17:56

Third: an analysis of the enterprise’s contractual and sales

4:17:58

policy. Third, an analysis

4:18:00

of the completeness and timeliness of wage payments.

4:18:02

Fifth: an analysis of the registration of rights to

4:18:04

the enterprise’s property and the efficiency of its

4:18:05

use.

4:18:09

Right.

4:18:28

Now then, pages 211 and 212 of the case file.

4:18:33

A letter was sent to Navalny.

4:18:35

So,

4:18:37

from the email address bvm

4:18:41

krogo

4:18:45

with the following content: “Alexei Anatolyevich, I am sending

4:18:46

you Opolev’s letter

4:18:48

from VMI.”

4:18:51

Now then, to the adviser to the governor of Kirov

4:18:53

Oblast, Navalny, regarding a proposal to

4:18:55

increase quotas and supplies of spruce

4:18:57

and fir pulpwood.

4:18:59

Dear Alexei Anatolyevich,

4:19:01

the association of major enterprises in

4:19:04

Kirov Oblast is one of the

4:19:05

key suppliers of spruce and fir

4:19:07

pulpwood to OJSC Solikamsk Bumprom.

4:19:10

These mutually beneficial business ties

4:19:14

have a long history. According to information

4:19:16

provided by OJSC Solikamsk

4:19:18

Bumprom, in 2008 from the territory of Kirov

4:19:20

Oblast to the mill there were

4:19:21

delivered more than 200,000

4:19:23

cubic meters of spruce and fir

4:19:25

pulpwood. Due to the decline in production

4:19:28

and sales of finished products,

4:19:29

caused by the financial and economic

4:19:30

crisis in 2009, the volume of timber purchased

4:19:33

from Kirov Oblast

4:19:34

is planned to be reduced to 150,000

4:19:37

cubic meters. At the same time, the plan for

4:19:38

reducing raw material purchases from

4:19:41

other regions is not

4:19:42

final. The volume of purchases may

4:19:44

decrease even more significantly. Meanwhile, the

4:19:46

volume of spruce and fir pulpwood

4:19:48

planned for production by the enterprises of the

4:19:50

logging complex of Kirov

4:19:51

Oblast in 2009 amounts to no

4:19:53

less than the level of 2008.

4:19:57

Takbrofles

4:19:59

is one of the suppliers of spruce and fir

4:20:01

to Solikamsk Bumprom and has

4:20:03

a supply quota for 2009 in the amount of 9,000

4:20:06

cu. m.

4:20:08

In practice, the company will be able to carry out

4:20:09

deliveries of this type of raw material to

4:20:11

Solikamsk Bumprom in the amount of 38,000.

4:20:14

An increase in raw material supply quotas can

4:20:16

be achieved by removing from the supply chain

4:20:18

small suppliers and unnecessary

4:20:20

intermediaries supplying timber products

4:20:22

to Solikamsk Bumprom.

4:20:26

Now then,

4:20:36

if you represent the place saying that

4:20:38

this letter should be read out in full, then

4:20:39

read it out in full. In that case

4:20:41

you skipped two paragraphs.

4:20:46

Yes.

4:20:48

>> The evidence has been presented.

4:20:50

>> I, I understand, what is it about there? Maybe there are

4:20:53

some details in those two paragraphs.

4:20:55

>> No, not details, but that is also part of the text

4:20:57

of the letter. I believe that, please, let’s

4:21:00

go ahead, please.

4:21:02

>> So, page 220.

4:21:04

From page 220 through 227 follows the case material

4:21:08

of this volume.

4:21:13

And from Alexei Navalny to Ofitserov on May 4

4:21:17

2009

4:21:19

obscene. And they struggled over this letter

4:21:21

for several days. I am obscene, dear

4:21:23

editorial office. Makoveev was preparing it. At this rate

4:21:25

he won't get credit.

4:21:35

Finish reading

4:21:36

>> here? Yes, everything has been read to the end.

4:21:39

And that previous document, which, uh,

4:21:42

200

4:21:44

>> Right, well, on this page of the case file it contains.

4:21:46

>> Just a second.

4:21:48

>> yes, the one on pages 211–212. You did not finish reading

4:21:51

two paragraphs. Your Honor, Prosecutor, if you

4:21:54

are reading something out only in part, then say so

4:21:55

explicitly, so that later we do not have to return to

4:21:59

this piece of evidence five times

4:22:00

at our stage.

4:22:02

>> Well, I agree with the defense counsel's opinion

4:22:05

indeed, if you are reading documents into the record.

4:22:06

>> All right. On this page of the case file, page 220,

4:22:08

there is essentially.

4:22:09

>> No, wait, 211.

4:22:10

>> 211, 212.

4:22:12

>> two paragraphs there were not read to the end. You are reading

4:22:14

>> you did not finish reading it.

4:22:17

>> Everything has already been said.

4:22:18

>> All right. Thank you. Now,

4:22:22

>> what exactly are you interested in? First

4:22:25

the letter

4:22:25

>> two paragraphs at the end of page 211 were not finished

4:22:28

and at the beginning of page 212.

4:22:30

>> All right. Starting from which word? You would know better,

4:22:33

what you failed to finish reading, respected prosecutor.

4:22:37

>> Right,

4:22:40

Kagub Kirovles is one of the suppliers

4:22:41

of pulpwood and sawlog balance to

4:22:43

Salikansk BumProm. It has a supply quota

4:22:45

for 2 in the amount of 9,000 cubic meters.

4:22:48

In fact, Kirovles can can

4:22:50

supply this type of raw material

4:22:52

to Salikansk BumProm in the amount of 38,000

4:22:55

cubic meters per year. An increase in raw material supply quotas

4:22:57

can be achieved by removing from the chain

4:23:00

small suppliers and personal

4:23:01

intermediaries supplying timber products to

4:23:04

Salikanzmun. This proposal

4:23:06

will help enterprises in the timber industry

4:23:07

complex

4:23:09

of Kirov Region, including Kagub

4:23:12

Kirovles, increase their own

4:23:13

sales of the products they manufacture.

4:23:17

>> Excellent.

4:23:20

Right, on page 220 of the case file

4:23:23

there is essentially a duplicate of this

4:23:25

document, so I will not

4:23:26

read it out.

4:23:29

Right, 22

4:23:35

from Ofitserov to Navalny. April 1029. Hello.

4:23:40

The setup here is a funny one; otherwise

4:23:43

it will be much harder. For example, with the pulp-and-paper mill and

4:23:45

FK, the contracts will be on deferred payment terms. The deferral

4:23:47

may be 3 days, or it may be 30

4:23:48

days. Their volumes may range from 1,000

4:23:52

to 4,000 or more cubic meters. If it is

4:23:54

5 days, that's fine. But if it's 35, and we, for example, sign a contract

4:23:56

with SKL for 15 days, where are we supposed

4:23:58

to get the money?

4:24:00

So I decided it would be more convenient and

4:24:03

fairer at the first stage to make

4:24:04

an offer for each client. There are,

4:24:06

of course, a hell of a lot of them, but we'll manage.

4:24:07

That is, if the offer states that

4:24:09

the company Romashka

4:24:10

is supplied on prepayment terms, then within 5

4:24:12

days after the acceptance certificate I send the money

4:24:14

to the client. And if the deferral is 30 days, then

4:24:17

that means after 30 days. This is, of course,

4:24:19

a pain in the ass, but the thing is that here one

4:24:21

way or another, for each shipment there is made

4:24:23

an appendix on the technical

4:24:24

specifications, terms

4:24:24

of transportation, and so on. Therefore,

4:24:26

if payment is also included there, then that

4:24:28

will be more convenient, I think.

4:24:31

Right, on this page there is also a

4:24:34

message.

4:24:45

Right, page 224 of the case file. Ofitserov to Navalny

4:24:48

dated May 5. Hi, I'm already in Kirov, I'm in

4:24:50

shock. All our correspondence, uh, by SMS

4:24:53

was much more informative. It happened on the fly.

4:24:56

This is what Alexei will have to work with.

4:24:58

After yesterday's letter regarding

4:24:59

the consignees, it makes sense

4:25:00

to negotiate about global

4:25:02

cooperation so that we would transport all

4:25:05

200,000 cubic meters and bear responsibility

4:25:07

for those deliveries. I think you should

4:25:10

reach an agreement in principle there,

4:25:12

and then we will work out a detailed plan

4:25:13

for how and where to obtain these

4:25:15

200,000 cubic meters.

4:25:20

Right, here we have page 225

4:25:23

which also repeats the text already read out

4:25:26

earlier.

4:25:31

226

4:25:36

>> Pages 226 and 227 as well, I have already read out

4:25:40

these messages; they are repeated,

4:25:42

so I will not read them out in volume fifteen

4:25:44

that's all.

4:25:45

>> Does the defense side need anything from the documents, from

4:25:48

those that have just been read out, to be

4:25:50

read out further, apart from the attachments?

4:25:53

>> Your Honor, at this stage I am not ready

4:25:55

to answer that question.

4:25:55

>> The question is so that we do not have to return later

4:25:57

to it subsequently.

4:25:57

>> No. As for what the prosecutors have read out, we will not

4:25:59

be returning to that.

4:26:01

>> Not to that, but to this very same

4:26:02

document, the record of inspection of items

4:26:04

changes,

4:26:07

>> please. There, volume sixteen

4:26:10

only the ruling from the twenty-

4:26:12

>> from twenty. We still need to discuss there as well

4:26:14

it will be difficult.

4:26:14

>> I heard there is one document on pages

4:26:16

176, 177 of the case file

4:26:19

>> my computer

4:26:20

>> and also 144 to 168.

4:26:22

>> in volume sixteen. And

4:26:23

>> part of the appendix is missing.

4:26:26

>> part of the appendix. Right, continuing.

4:26:28

the inspection report is in volume sixteen, right?

4:26:30

So we will not move on to

4:26:31

the next one.

4:26:34

>> If the defense is interested in the page references

4:26:36

in the case file, you may note down those that will be

4:26:38

read out.

4:26:42

The appendix to the inspection report is on pages

4:26:44

of the case file from 1 to 143. Of these, the following will be

4:26:46

read out: 10, 11,

4:26:51

55,

4:26:53

from page 55 through page 66.

4:26:57

From page 67 through page 80,

4:27:01

from page 84 through page 86,

4:27:03

.

4:27:05

Case file pages 87, 88,

4:27:09

from page 93 through page 90

4:27:11

7,

4:27:14

from 101 to 102

4:27:18

and from 136 to 146.

4:27:22

>> That is the entire appendix to the inspection report. That is

4:27:24

the entire appendix to the report.

4:27:27

[inaudible]

4:27:29

They will give us a car with special signals so that we can get to

4:27:30

the train.

4:27:31

>> Please calm down first; transportation

4:27:34

connections are well developed here. I think, I think

4:27:36

ten minutes will be enough for us, after which

4:27:39

we will take a recess

4:27:41

or perhaps

4:27:42

>> or is there any point in starting at all, then,

4:27:44

if we are not going to finish,

4:27:46

>> perhaps then we should move everything to tomorrow at one o’clock after all?

4:27:47

move it?

4:27:48

>> All right,

4:27:49

>> perhaps tomorrow. Perhaps at one o’clock. The

4:27:50

court will decide. The court is now making its decision.

4:27:53

Let us

4:27:53

>> that is not for you to take upon yourself.

4:28:06

>> Right, we now move on to determining the schedule

4:28:08

of court hearings for June. Is the

4:28:11

defense ready to present its availability?

4:28:18

>> Start with Kofe.

4:28:20

Yours is the longest.

4:28:25

>> Could you pass it over

4:28:28

>> here? The document. These are copies of the court

4:28:30

summonses.

4:28:32

>> This is addressed to me for June 3, Monday,

4:28:36

next week. And here is a letter addressed to your

4:28:38

court from an investigator of the investigative division

4:28:41

of the transport department of the Ministry of Internal Affairs for the Central Federal District. And it is precisely

4:28:45

about the fact that I am participating in a case in

4:28:47

which the Article 217 stage is currently underway (the stage of reviewing the case materials), and

4:28:50

the investigator asks you to take this into account when

4:28:54

scheduling court hearings. Also, I have

4:28:56

tomorrow—you were considering tomorrow for this—I have

4:28:58

tomorrow at 2:00 p.m. in the Basmanny District Court (Moscow)

4:29:01

a motion will be considered regarding limiting

4:29:03

the time for reviewing the case materials. In short,

4:29:05

reviewing them.

4:29:06

>> there is information about that here.

4:29:07

>> There is information about that here. Yes, this is

4:29:08

a copy. If necessary, the investigators will send

4:29:10

a fax to the court, because this was sent to me

4:29:13

by email

4:29:14

as a photograph. I printed it out. It states that on May 31

4:29:17

2013, in the Basmanny District Court

4:29:20

of the city of Moscow, at 2:00 p.m.,

4:29:23

the investigator will file a motion to limit

4:29:25

the time allotted to the accused, Kamyshev,

4:29:27

for reviewing the case materials.

4:29:30

Also, for June 3, 2013, there is a submitted

4:29:34

court summons from the justice of the peace

4:29:36

of judicial district No. 54.

4:29:40

of the city of Moscow. Vadim Dmitrievich, please take a look at the copy

4:29:42

further. Right now

4:29:46

we have not looked at it; it states there that

4:29:48

Article 217 is underway and that from June 3 through the 17th

4:29:51

the investigator is asking me to appear. So, accordingly,

4:29:54

I also ask you not to schedule anything

4:29:55

from the 3rd through the 17th at all

4:29:57

during that period. Just take this into account so that

4:29:58

it is not back-to-back here and I can also

4:30:00

make it there in time.

4:30:06

Next.

4:30:10

Your Honor, at the present court hearing

4:30:11

I can only provide a certificate of

4:30:13

engagement, or rather anticipated engagement,

4:30:16

for June 3, 2013, June 5, 2013, and June 7

4:30:21

2013.

4:30:22

So, the certificate has been issued to the Leninsky District

4:30:24

Court of the city of Kirov

4:30:27

and confirms

4:30:29

the existence of

4:30:31

the possibility of conducting

4:30:32

investigative actions on the specified dates.

4:30:34

In addition, I ask, Your Honor,

4:30:36

the court.

4:30:42

It states that investigator for especially important cases

4:30:45

Vyatkin reports that attorney of the Moscow

4:30:48

City Bar Association, Dolet

4:30:49

Davydova Svetlana Viktorovna, has been summoned to

4:30:51

the Eastern Transport Investigative Department on the 3rd,

4:30:53

5th, and 7th of June to participate in investigative

4:30:55

actions in the case against Spirin under Article 162

4:30:58

part two. Next. Also, Your Honor, I do not

4:31:01

have those certificates with me at the moment, but

4:31:03

I am engaged on June 26

4:31:06

2013 in the Moscow City Court

4:31:10

for an appeal complaint in the interests of

4:31:12

the applicant Mikhail Mikhailovich Litvinov

4:31:14

against the ruling of the Basmanny District Court

4:31:16

of the city of Moscow dated May 8

4:31:21

2013, and on June 27

4:31:25

2013 I am engaged in the

4:31:27

Moscow Regional Court.

4:31:29

There will be jury selection

4:31:31

before Federal Judge Romanova

4:31:34

in the criminal case against Savina and

4:31:36

others. Accordingly, certificates of

4:31:38

engagement will be submitted afterward

4:31:40

after those court

4:31:41

hearings have taken place. I cannot provide them now.

4:31:44

>> We also have a hearing scheduled for June 19

4:31:47

on a complaint in the Basmanny District Court. The complaint

4:31:49

Navalny. Who do we have? Uh...

4:31:53

Navalny's defense and, accordingly,

4:31:55

Navalny's and his lawyers' complaint will be

4:31:58

heard in the Basmanny District Court

4:32:00

before Judge Dudar. At the moment I cannot

4:32:02

produce a document confirming this because

4:32:06

I was notified by phone

4:32:08

immediately before leaving for here. But

4:32:12

at the next court hearing, such a

4:32:13

document will be submitted.

4:32:16

On your part, on June 4 at 10:00 a.m., there will be

4:32:19

consideration of my complaint under Article 125

4:32:22

regarding the investigator's actions in the Basmanny

4:32:23

court, which, incidentally, refused

4:32:26

to hear the case concerning multi-billion-ruble

4:32:29

embezzlement at Sibneft, because all

4:32:31

its energy was spent on the Kirovles case. And

4:32:33

unfortunately, I do not currently have the

4:32:35

document with me, but my assistant is ready

4:32:37

to fax it to the court at any

4:32:40

moment—today, today, or tomorrow.

4:32:43

June 4 at 10:00 a.m., Basmanny Court. As for the fact that

4:32:45

the documents need to be submitted—we were still

4:32:47

talking about this last week.

4:32:48

>> Well, Your Honor, you know yourself how

4:32:50

hearings under Article 125 are scheduled. We barely

4:32:52

managed to pry this

4:32:54

certificate out of the clerk's office just now.

4:32:55

>> I understand, June 4, right?

4:32:57

>> At 10:00 a.m.

4:32:59

>> I see. Anything else, please? Well...

4:33:01

>> I only ask that you take into account: on June 10...

4:33:09

...oh, the nineteenth. The nineteenth.

4:33:14

All right,

4:33:16

understood.

4:33:18

>> I will immediately raise a question for resolution.

4:33:20

Still, if at least one of defendant

4:33:24

Navalny's lawyers can participate

4:33:26

in the case, can we hold hearings on those

4:33:27

days?

4:33:29

>> No, of course not, of course.

4:33:30

>> For what reason?

4:33:31

>> Well, it's a large case. The lawyers are

4:33:34

primarily Moscow-based. They have been involved in this

4:33:35

case from the very beginning. They know the entire

4:33:37

body of materials. They prepare all

4:33:39

procedural documents. Therefore, uh,

4:33:42

for us, in order to exercise our defense,

4:33:45

we have a certain strategy. Each

4:33:46

lawyer handles a specific part

4:33:48

of the work. I cannot manage without them, of course.

4:33:54

Is there a calendar? There is

4:33:57

a calendar—we do have a calendar.

4:34:01

Mm-hmm. A five-minute recess is being announced there.

4:34:05

I'll check against my schedule now.

4:34:20

All right, taking into account the lawyers' schedules,

4:34:23

I propose the following schedule: the 6th,

4:34:27

of June,

4:34:28

>> One second,

4:34:28

>> the 11th, the 13th, the 14th,

4:34:30

the 17th, the 18th, the 19th,

4:34:32

the 20th, the 21st, the twen...

4:34:33

>> Could you go a little more slowly? The 6th.

4:34:38

The 11th.

4:34:40

The 13th.

4:34:43

The 14th.

4:34:46

So, from the 17th through the 21st.

4:34:47

through the 21st.

4:34:50

The 24th and the 25th.

4:34:54

>> All right,

4:34:58

>> Your Honor.

4:34:59

>> Mm-hmm. We're listening.

4:35:03

The 6th would be very good,

4:35:06

but the thing is, I have an investigative

4:35:08

procedure on the 7th,

4:35:10

>> Yes?

4:35:10

>> My train arrives at 9:43

4:35:13

>> in the morning, right?

4:35:14

>> And getting to the place

4:35:17

where I need to be will take another

4:35:19

hour and a half.

4:35:22

Do you understand?

4:35:23

>> It's just that depending on what time you leave, you may not make it,

4:35:27

since everyone starts at 9:00 a.m.

4:35:29

And then to come for just one day...

4:35:30

>> For one day. That means

4:35:31

>> traveling two days and two nights for one day

4:35:33

of proceedings.

4:35:34

>> How much money does that cost?

4:35:36

>> No one reimburses our travel expenses,

4:35:37

Your Honor. What is this supposed to be?

4:35:39

>> If you collect the documents, then in the event

4:35:41

of an acquittal, everything will be reimbursed to you.

4:35:45

>> We will collect them for you. Well, you know,

4:35:49

>> these issues...

4:35:50

>> Let me just note, Your Honor, I have

4:35:51

the 5th.

4:35:53

>> I simply forgot to mention it. I have

4:35:54

the 5th as well. And

4:35:56

>> You already said the 5th? No, I have

4:35:58

another court hearing on the 5th in the

4:36:00

Domodedovo City Court of Moscow

4:36:02

Region, before Judge Lishenko. A criminal

4:36:05

case against Shaimov under Article 228.

4:36:08

Look, that's Domodedovo,

4:36:11

in Moscow Region. The point is

4:36:13

that I was notified about this

4:36:15

engagement on the day I left for Kirov.

4:36:18

This case reached the

4:36:21

court

4:36:23

rather late, unfortunately, so

4:36:27

I also risk, quite simply, on May 5

4:36:30

being late.

4:36:33

>> Let's include the 6th and move it to

4:36:34

a later day, simply, and that's all.

4:36:37

>> Well then, instead of the 6th, let's come in on the holiday, the 12th,

4:36:38

otherwise we'll just be sitting around here

4:36:40

in Kirov, it turns out. Well, based on

4:36:43

the proposed schedules,

4:36:46

it turns out that we would be staying here

4:36:47

for the holiday.

4:36:51

>> The 12th, yes, is a public holiday.

4:36:52

>> Since we're here anyway...

4:36:53

>> As it stands, look, you are

4:36:54

scheduling the 11th, the 13th,

4:36:56

and the 14th. What is the point of

4:36:58

staying on the 12th?

4:37:01

>> All right, any other proposals?

4:37:04

The nineteenth is when Navalny and his

4:37:08

defense lawyers

4:37:09

have an appeal hearing.

4:37:11

>> Well then, the seventeenth, eighteenth, twentieth, twenty-

4:37:13

first,

4:37:16

the eighteenth, twentieth, and twenty-first.

4:37:18

And how are we supposed to fit that in?

4:37:21

>> Also, on the fifth I have a hearing in

4:37:23

the Konevsky Court, and that hearing will not end

4:37:25

because it's impossible — I already have other commitments

4:37:26

that will overlap as well.

4:37:27

>> I understood you regarding the sixth.

4:37:31

As for the dates after that,

4:37:33

>> Your Honor, I ask you to take into account

4:37:35

that we live in a city 1,000 km away

4:37:38

from Kirov. And I come here with two

4:37:42

defense lawyers. Therefore, I ask you to take

4:37:44

into account that, first, this is an expensive

4:37:46

undertaking, and second, that if we have a hearing on the

4:37:48

nineteenth, then we leave here on the

4:37:50

eighteenth, dirty,

4:37:52

unwashed, and go to the Basmanny Court (a Moscow district court). Then from

4:37:56

the Basmanny Court we run straight back to the train

4:37:57

to come back here. That simply

4:37:59

isn't possible.

4:38:00

>> Let him arrive 15 minutes before the court

4:38:02

session.

4:38:02

>> Look, going forward, you've scheduled things very tightly

4:38:04

for the whole of June. The thing is,

4:38:06

right now I have only

4:38:07

submitted the certificates that

4:38:09

I currently have. But again, on the fifth

4:38:11

another hearing will begin, and

4:38:13

>> accordingly, we will provide you with the same kind of certificates

4:38:15

so that you can

4:38:16

>> Your Honor, you have a tightly packed weekly

4:38:18

schedule. What court is going to

4:38:19

adjourn for half a month for me? None.

4:38:21

>> But that's what you're proposing to me.

4:38:23

>> I'm proposing that we not adjourn for

4:38:24

half a month. I'm proposing at least that we not

4:38:26

schedule the days so densely. Why can't we

4:38:28

do it in the second half, given that we are

4:38:30

still people from out of town,

4:38:31

>> and hold hearings very intensively in the second

4:38:33

half of June.

4:38:35

I don't object to that either

4:38:38

either.

4:38:39

>> Well, that is essentially what he proposed, from the

4:38:41

seventeenth to the

4:38:43

— giving one day to return to Moscow.

4:38:46

>> Besides, everyone has some kind of life outside this.

4:38:48

We can't live on a train.

4:38:53

Finished.

4:38:56

The parties.

4:38:59

agree with the schedule that

4:39:00

has been proposed, that is, on the sixth

4:39:02

and so on. The fact that

4:39:05

the defendants and their lawyers live in Moscow

4:39:07

is not grounds to

4:39:09

adjust, so to speak, the schedule

4:39:11

of court hearings in their favor.

4:39:14

As for the proposal to come in on a day off,

4:39:16

that is, to hold a hearing on a public holiday.

4:39:17

Excuse me, we have personal lives too.

4:39:19

And accordingly,

4:39:22

when you say

4:39:24

you have a life, but for us spending our weekends here is somehow supposed to be fine?

4:39:25

Come on, everyone has

4:39:27

their own job, their own responsibilities.

4:39:29

>> Esteemed defense counsel,

4:39:31

>> I am—

4:39:35

>> We will work on the eleventh,

4:39:36

the thirteenth, and the fourteenth.

4:39:43

Then, depending on

4:39:47

the eleventh, the thirteenth,

4:39:48

the fourteenth. Then, depending on

4:39:50

what stage we are at,

4:39:53

either the seventeenth, or the eighteenth,

4:39:54

or the twentieth or twenty-first. That

4:39:57

will be decided on the fourteenth.

4:39:58

>> All right. Yes, yes.

4:40:00

>> Wait, hold on. The seventeenth,

4:40:01

the eighteenth, or the twentieth, twen-

4:40:03

ty-first.

4:40:03

>> Yes, we'll decide that on the fourteenth.

4:40:05

>> All right.

4:40:07

>> Then the twenty-fourth, the twenty-fifth.

4:40:09

>> Or the twentieth or twenty-first.

4:40:10

The twenty-fourth, the twenty-fifth, twen-

4:40:13

ty-fourth — quiet, quiet. Then the twen-

4:40:15

ty-fourth, the twenty-fifth. The twen-

4:40:16

ty-fourth is a Sunday — we'd have to come from Moscow,

4:40:20

>> maybe

4:40:21

>> better

4:40:22

>> then let's exclude the eleventh. Then

4:40:24

it will work out perfectly and conveniently for everyone.

4:40:25

I am more than sure that the representatives of the

4:40:28

prosecution would also agree to exclude the sixth, and

4:40:30

to exclude the eleventh as well.

4:40:31

>> Look, the eleventh is the only

4:40:32

working day — Sunday, and then

4:40:34

there's a holiday. Everyone, including the

4:40:35

prosecution, will be at their dachas (country houses). So why drag everyone out

4:40:38

when everyone is out digging? I don't know,

4:40:40

grilling shashlik (barbecue) or planting potatoes.

4:40:42

>> Planting potatoes.

4:40:43

>> Planting potatoes.

4:40:44

>> Well yes, if we could exclude the eleventh, then

4:40:46

>> then it would be absolutely ideal if

4:40:48

we exclude the eleventh.

4:40:50

Well, Your Honor, if we sit on the twelfth,

4:40:51

for a hearing,

4:40:52

>> I hear you, you've written down the dates,

4:40:54

>> there is very little left to examine, and

4:40:56

that's all.

4:40:56

>> One. Well, there will be

4:40:58

>> the defense side will present

4:40:59

evidence, and we will have time to present everything.

4:41:01

If we hold a hearing on the eleventh,

4:41:04

then all of us, it turns out, will be here together

4:41:07

spending a public holiday

4:41:09

while you'll go off for shashlik and everything else.

4:41:13

We don't even know where to go for shashlik.

4:41:15

>> All right, let's not. I

4:41:17

>> I already accommodated you on the sixth.

4:41:21

As for

4:41:21

>> the eleventh, please accommodate us on that at least.

4:41:23

>> So, on the eleventh.

4:41:25

>> And on the thirteenth or fourteenth we can

4:41:26

stay longer until—we would have to

4:41:28

be here on the eleventh and remain on the twelfth.

4:41:30

Remain. The Labor Code.

4:41:33

>> The Labor Code. Yes.

4:41:35

>> So,

4:41:35

>> But why do we need to stay here deliberately

4:41:37

at all? We can't go back. That's

4:41:39

the situation we have.

4:41:39

>> So it turns out we're staying here on the twelfth

4:41:41

here. Extra hotel expenses again,

4:41:44

once more.

4:41:46

>> Yes.

4:41:47

>> Honestly, this is like kindergarten.

4:41:49

You are asking me,

4:41:51

>> I am making this decision on the basis that

4:41:54

in principle this is your right, including

4:41:56

the right to have the case considered within a reasonable

4:41:58

time. I understand, yes. You are saying that

4:42:01

the timing does not concern us, we are ready

4:42:03

to wait. But you are not saying that, so I am

4:42:06

setting it for the eleventh so as not to

4:42:07

drag things out.

4:42:08

>> Well, if it's the eleventh, then we'll have to stay here on the twelfth

4:42:10

as well.

4:42:11

>> Well, the thirteenth, the fourteenth. There,

4:42:13

take that, please.

4:42:13

>> We too, like the prosecutor, want to go home.

4:42:15

We also have some kind of private life.

4:42:17

>> Everyone has children. There is not a single person on the defense team who

4:42:20

doesn't have children.

4:42:22

>> I have two, for example. I would kind of like

4:42:24

to see them on the twelfth, if possible.

4:42:25

Besides, once again, I,

4:42:27

of course, understand that our finances are of no interest to you,

4:42:29

but every extra day, everyone

4:42:31

has to stay in a hotel. And that hotel

4:42:32

has to be paid for. If I am

4:42:34

acquitted, which I do not doubt, will the budget

4:42:37

of Kirov Oblast (a region of Russia), or the court's budget,

4:42:39

go bankrupt—or whoever it is, the Ministry of Justice, pays for

4:42:41

this?

4:42:42

>> No, not for the first time. Let's do this.

4:42:43

Let's say the eleventh, the thirteenth,

4:42:45

the fourteenth, the seventeenth, the eighteenth,

4:42:47

or the twentieth, the twenty-first,

4:42:48

the twenty-fourth, the twenty-fifth.

4:42:50

>> Everyone has fallen ill.

4:42:53

I ask for some respect—could we, could we

4:42:56

find some kind of compromise then?

4:42:57

>> Maybe then. Ah, well, yes,

4:42:58

the eleventh.

4:43:00

>> Then maybe, perhaps the tenth

4:43:03

...what's the point, damn it?

4:43:05

>> And what do you want, from the tenth to

4:43:07

the fourteenth? I want the tenth, maybe

4:43:08

the tenth and the eleventh then.

4:43:10

>> Right. Maybe the ninth and the eleventh,

4:43:13

>> and then the next time after that.

4:43:14

>> And then after that, the seventeenth.

4:43:19

>> But you yourself said the tenth.

4:43:22

Kobelev is busy, and he is carrying out

4:43:24

certain duties of his own, including

4:43:25

with regard to

4:43:25

>> But you are also busy on the tenth.

4:43:29

>> I'll deal with my own schedule. Let's

4:43:30

>> they are all performing some function.

4:43:32

Let's look for a compromise.

4:43:33

>> We are proposing a compromise: your

4:43:35

tenth.

4:43:36

>> But we are not

4:43:38

>> I have no objection to the tenth and the eleventh.

4:43:40

>> Let's do the tenth and the eleventh, and then

4:43:41

next time the seventeenth.

4:43:45

>> Well, would you agree to proceed without lawyer

4:43:46

Kobelev? Well, yes, yes, I agree.

4:43:50

Good.

4:43:57

Then, the tenth and the eleventh,

4:43:59

well, and then

4:44:01

>> the seventeenth. No, then let's

4:44:03

decide afterward whether we will be able to work

4:44:04

on the thirteenth or fourteenth.

4:44:06

I suggest, after all, not buying tickets for

4:44:08

the eleventh, and then

4:44:10

the seventeenth-eighteenth, or the twentieth and

4:44:11

twenty-first, then the twenty-fourth and twenty-

4:44:13

fifth. Accordingly, in the court session

4:44:14

a recess is declared until 9:00 a.m. on June 10,

4:44:19

2013.

4:44:28

All right. Yeah.

Original