Please be seated.
The court session is hereby declared open.
The hearing of the criminal case continues
in relation to Navalny and Ofitserov.
At the previous court session, we concluded
with the reading of the inspection report.
At the present court session, upon
the motion of the prosecution,
the court may examine, may examine
physical evidence,
namely audio recordings of intercepted
telephone conversations. There is a motion.
Is it correct to understand that after
examining the report that was reviewed,
we will proceed to the physical
evidence, that is, the optical discs
that are directly
being examined by the court in order to compare
the identity of what is set out in
the report with what is contained
on the said discs. Do you support this?
>> Yes, yes.
>> Does the defense have any position on this
motion?
>> Your Honor, we did not hear.
>> The defense's position regarding
the examination of the physical
evidence, namely the optical discs
containing the intercepted audio recordings.
>> Let's examine them.
>> Your position?
>> Yes, I have no objection.
>> The defendant?
>> Your...
>> Counsel Mikhailov's position?
>> No objection.
>> No objection.
>> I see that defense counsel Kobzev is absent.
Can we continue hearing the case in his
absence?
>> Yes, that is possible.
>> Defense counsel Davydova, your position?
>> Yes. That is possible, Your...
>> Prosecutor, your position?
>> The court rules to continue hearing
the criminal case in the absence of defense counsel
>> Kobzev.
>> Exhibit 218.
>> The box containing
physical evidence is now being opened,
which was submitted to the court together with
the materials of the criminal case.
Now, an envelope bearing the inscription
"criminal case, package number three,"
an optical disc, white on the front side.
Optical disc CD-R,
serial number indicated, containing
the original results of the operational
measure involving the interception of telephone
conversations.
The integrity of the packaging has not
been compromised; all seals are present.
Now...
now
I will open it now.
From
this envelope, there is removed
another envelope.
This envelope bears the seal
of the Main Investigative Directorate.
It says: results of the... criminal case
two compact discs, CDs with audio recordings
of telephone conversations, received
from officers of the FSB for Kirov Region (Russia's Federal Security Service) during
the course of operational-search measures with respect to
Navalny and Ofitserov; the signatures of the attesting witnesses
and investigators are present. Two discs have been removed.
It is indicated: declassified by order
No. 3/2532
dated July 17, 2012; registration
number indicated: on one disc, 309S
and on the second, 267S.
At any rate...
I wanted to clarify: are we now going to listen to
what the prosecution read out yesterday?
Yes.
>> Yes. In that connection, I simply wanted
to give an explanation to the court, exercising my
right to testify at any moment,
that, in order for the court to understand
the context of the discussion, it is possible that on
these recordings, if they really are my
phonograms from what the prosecution read out yesterday,
the events on these recordings take place
in July,
>> September
>> September 2009. And what is being discussed is precisely
>> an обсуждение of
that very fabricated
audit report about which we
have repeatedly
heard witness testimony. And from
these recordings it may in fact follow
that I was requesting information from Ofitserov
in order to
prepare the report that I was preparing for
Governor Belykh regarding
the audit report. Just so that
this is clear in the context of these
discussions.
Yes, perhaps that's all.
...so that the secretary can be seen.
Hello.
>> Hello. Hi. Can you talk? I can.
>> How are things there? We have something interesting here. Just
some guy called just now, literally 15
minutes ago, said he was from the Interior Ministry in the Volga Federal District.
We're conducting a check... I want to
speak with you.
>> ...
>> That's exactly why I'm calling.
He also called
>> probably about 40 minutes ago.
>> Uh-huh.
>> Andrei explained it.
>> I see. Why did he call you? As for me,
that's clear. I was his client, after all.
>> All right then. Are you in Moscow right now?
>> Yes, in Moscow.
>> I'm going to Moscow today. Let's
meet up somewhere. I don't know, maybe
around the Kiyevsky area. I'm heading back by
plane.
>> Okay, let's do tomorrow then. When will you be back?
Tomorrow.
>> I'm flying back tomorrow already.
>> Uh-huh.
>> Let me call you tomorrow from Moscow,
and we'll arrange it. Oh,
>> yes. Look, the way we agreed
at the meeting, I said that right now
it's not me showing interest in the company, but my
brother. And that you can talk to him
instead. So I gave them the phone number and
explained it; I called and said that
I was telling the truth, just as it is. Uh-huh. That's it,
yes, on my end. Okay, bye.
>> Okay.
>> Your Honor,
>> if possible, could you please just state
which folders these are located in. That is,
the folder names, so it's clear
>> and the file name itself.
>> As I understand it, the playback now
started from the end of what you were reading out.
So the analogous
recording will now be played. 77 1530.
Is that disc still there?
>> Yes, there's another one. Playing
the next one. 7 F DF 603.
Hello,
what did you want?
>> I'll stop by now.
>> No, no, I'm not there.
>> You're not there? No, it's just that someone just came to see me
a representative of the Ministry of Internal Affairs from the
Volga Federal District.
>> Uh-huh.
>> About Kirovles.
>> Uh-huh.
>> So, he—they're conducting some kind of
inspection. Uh, Kirovles management is saying
that I interfered in the company's work,
forced counterparties on them, and
so on. Let me come by in half an hour,
I'll come see you myself. And you know what else
is going on here? I just got a vaccination downstairs
down there. They're looking for you now too, to get you vaccinated
as well.
>> Ah, oh, I'll come by now, yes, I wanted to get the vaccination
done.
>> Go ahead. All right. And I'll come to you in half an hour
I'm just stepping out for half an hour, and in half an hour
I'll be with you.
>> Okay, okay.
>> Uh-huh.
Right, that's all, there isn't anything else on this disc
anymore.
Anton, try to reach the young lady
who is turning them on.
All right,
all right.
A little more. Okay, stop.
All right.
>> The disc was played.
It says here: declassified by
order no. 3/2532
below
19—either that or something else; it's not very legible.
0712,
registration no. 309S, the date given is
08.06
2010. Next disc. It says on it
declassified by order no. 3/2532
dated, well, it looks more like the nineteenth. 0712
no. 267
letters O, E, B.
Which
disc?
Not the disc, the audio file now is hard to
4
What?
Open it.
>> No, not that one right now. This one.
The disc contains folders
the first one is 01.10.2009.
It contains one file, 5D89
503.
>> Let's do it this way: a folder dated 050829
>> Yes. And
>> there are three files here: 6 D F 3002.
One moment.
Hello. Hello. Petya.
>> Yes. Hello. Hello. Listen, he left. Did they give you, did they give you
a copy?
>> No, they took mine there. Yesterday I
made a copy. I'll finish it now and bring it over.
>> All right, then take the materials. Tonight
we'll talk by phone, and tomorrow first thing in the morning
we'll get started and do it together. That's
>> Okay, sure.
>> All right then.
>> The girl is here now.
Next file: 8S7F
3003.
>> Hello,
are you there?
>> Yes, go ahead.
I, well, I need to vent right now.
>> Wait a second, sorry, one second,
one second. Hello.
>> Uh-huh.
>> Yes, yes,
>> I'll come in now.
>> Okay. Go on.
What is this I'm reading? It's quite something, of course, but
still
>> there they're taking prices from June, for example,
and early July, and comparing them with today's. There,
of course, you get a difference.
>> Well, when you write it up, just
don't repeat their mistake right away. You
should state clearly where you got those prices from.
>> Well, I'm doing market monitoring. Yes, listen, and
there's also this issue right now again
Groups are quietly calling up clients.
Somehow.
>> We need to wrap this up.
>> So, there are several options, I can...
just call them and curse them out.
>> No, you don't need to do that. Why would you
need to do that? You should just kind of
forbid your people from having any contact with them at all.
Talking to them.
>> Hello,
>> Hello, can you hear me?
Hello.
And the next one is here in folder 9232,
letter A, 003.
>> Yes. Great.
>> Hello, Petya, we got cut off there. I
just want to tell you, there's no need to
call anyone there and start yelling obscenities and
so on. You should just, well,
reduce contact with them, completely forbid
anyone from talking to them, all of them. Well,
it's obvious they're going to keep doing this now.
I mean, they have to
show that they need some kind of sales outlet.
>> That's why they'll keep doing it, but you
shouldn't fall for the provocation. I didn't call
for no reason, I wasn't just calling
to chat it through, because somehow
it seems to me that right now they're kind of
their task is basically to
provoke you into something, you know,
so that you go after them and so on, but
you can just ignore them, that's all.
>> Got it. Did you read it,
>> Read what?
>> Did you read that release?
>> Of course I did.
>> Damn, it's a joke, basically, it's not even,
well, not any kind of proper assessment at all. They just
sat there and talked with that... with Georgievna,
well, with Larisa Gennadyevna and
with Soplev, talked, and wrote it down.
>> What are we even talking about? You just
take it head-on. What we need is to
use every opportunity we have to go point by point,
refuting everything, presenting everything
backed by documents. We need to
cover the whole report if you want, or by sec— no, you
take your own section, okay? Your own
part, and any other part where, if you
see that you have something
to write, then write it. Everything else
I'll handle.
>> Right, understood.
Alright then, of course I'll put something together.
I can, of course, make copies
of the waybills, but why the hell would we need that? It's...
>> No, well, you could make an extract from,
I don't know, maybe the balance sheet or
a bank statement, or something
like that.
>> Alright, alright.
>> Yeah. All okay.
>> Bye.
>> That's all the files in this folder.
Now...
A specific date, and if it's there,
August 6, 2009,
>> Right? There are two, uh, two recordings here. D7528t
3 203.
>> Yes.
>> Listen, does Oplevskaya's daughter no longer work for you?
Not anymore?
>> Well, no, I decided not to continue the contract.
Oh, so you didn't renew her contract?
And when did she officially leave?
When was she officially terminated?
>> Well, I don't remember, I think it was somewhere around
mid-June, if not the beginning of July. Why?
>> Well, she was officially on the books with you,
getting a salary with taxes withheld, all
properly documented, under contract, right, all the
formalities in order, right?
>> Uh-huh. Alright, okay. That's it, bye.
>> Hey, want me to tell you a couple of things about
the way the forestry department is organized
in Kaluga Region?
Just a minute.
>> Which region?
>> Kaluga.
>> Go ahead, tell me.
>> Basically, they had the same kind of mess there, like
in Kaguba. Smaller scale, but the scheme was
the same. A new governor came in,
Artamonov, who basically pulled the region
out of being subsidy-dependent and got it into decent shape.
>> Uh-huh, go on.
>> So, basically, what did they do? They
completely dismantled all that crap.
>> Right.
>> Now there's a structure that
handles forestry work there, well, clearing
the forest, in other words, forest management operations.
>> Right,
>> and two different bodies deal with fires.
The first is EMERCOM (Russia's Ministry of Emergency Situations).
>> Uh-huh. And the second one, basically, all
agricultural producers,
are required, basically, to carry out
fire-prevention work in the fields, well, basically,
fire-prevention measures where fields
meet the forest. And also...
>> Wait, so who pays EMERCOM?
>> The federal budget.
>> Alright, for fires. For fires,
the federal budget pays. And that forestry
enterprise, who pays them?
>> The forestry enterprise is also paid by the budget
for allotments and for forest clearing.
>> No, but you see, our problem is that
we can't...
damn it, not at the outset.
>> So, basically, as for what they consider there
fire-prevention activity,
that's covered by a federal law that
requires all agricultural producers
to plow firebreaks around their fields, to make so-called
mineral strips, that is, 5...
m from the forest toward the field. So,
basically, here’s the thing next: then they
created a second entity that
deals in, uh, timber speculation, that is,
I mean, roughly speaking, the forest, all the
timber, through something like the forestry department
apparently. Basically, every
year in every district they organize
auctions, and
they sell timber at an unrealistically high
price, 600 rubles. But the money goes into the budget.
>> Well,
>> At the same time, the auction works like this. They
lease you exactly that amount of timber.
>> Uh-huh. Uh-huh. To work,
>> because this
regional organization is the one doing the speculation, and the money goes straight
into the budget.
>> No, well, in our case speculation is also handled by
regional organizations, and the money goes into the
budget.
>> And where does the money go?
>> No, I mean, the money does go somewhere. It’s assumed
that it goes into the budget, but we have exactly
the same setup. The speculation is handled by
a regional organization; there are probably
about 40 people there dealing with these
speculative operations, you know, kind of
a small organization, whereas here
3,000 people live off it, you know?
>> That’s the difference. So the scheme
is the one that, I don’t remember, we
talked about—I’ve just started
asking around. It turns out the same crap
exists there too. A small organization that
handles forestry operations
>> and is funded from the budget. And the second one,
which separately deals not with
processing, but only with this
>> sales speculation, yes. They basically sell off the entire
volume, damn it.
>> And so what you get is this kind of mess,
it earns money and then pisses it away,
you know? They don’t invest, nothing,
happens, the money is just
burned through.
>> Uh-huh.
Right, got it. Listen, can you
put this together somehow so that,
there’s something to read about what happened or whatever? Well,
systematize it, ask someone to do it.
>> Well, I’d need to, sort of, do that after
because right now it’s just word of mouth over the phone
for three weeks.
>> Uh-huh.
>> I probably need to go there and talk to
someone.
>> All right,
>> all right. Okay. Maybe in a couple of weeks
we’ll do it.
>> All right, I’ll call you back later then. Okay,
I’ll wait. Uh-huh.
>> And the next file, in lowercase letters,
64702.
>> Hello,
>> Hello. Hey, who called?
>> Did I wake you up? No, I’m calling you
just to say briefly that that’s it, I
showed everything to Seryoga (diminutive of Sergei) there, explained
everything. He was a bit, of course,
saying that SRB there, the whole
turnover is 11 million.
>> Listen, I wanted to ask you,
how do they, the auditors, know everything about
your counterparties, like supply prices and
so on? Because when you place
well, no—first of all, they don’t know all the prices, right,
and second, when you make this
order, you specify the consignee,
>> meaning your clients will get picked up from you.
>> But those clients they’ll pick up there,
don’t they care about losing them?
>> So, some of the clients
there—basically all the clients are
Russian, and right now I want
to move away from the Russian market. So
the only clients of interest there
are for match logs. But with match logs there,
basically, they accept any quantity.
So you can supply this way or that way, and
it can be supplied in different ways.
>> Uh-huh. I got it. All right then. So there
everything is fine with Cherchkov. So we didn’t
convince them there; by Monday it was already bad.
>> Right. And, basically, over there, well, already
some weird stuff has already started at
KAGUP. I brought him this, and they’ve already started
placing bets there on when UKA will go under.
The latest bet is September.
So, well, I kind of,
>> found that amusing too, in a nice way, you know, and they’ve already started
poaching my managers,
basically saying, come on, come work for us.
Damn,
>> we’re, like, doing our own sales business now
there. Well, naturally,
come over with your clients and so on.
>> Right, I see. Such nice, nice
guys.
Right now I think it doesn’t look like it has
long left to live, at least not in this
form.
>> Yeah, by the way, look, did you notice
that, when you were talking about
transportation costs
>> no, on transportation costs there
will be something separate. I’ll write a separate memo
on that.
>> Right, got it. Okay then, let’s do it tomorrow
if there’s time and everything works out with this.
All right, take it easy.
Next folder
10829.
One file, SS 75202.
>> Yes. Onam’s boss.
>> Hello. P. Hey.
No, no.
>> So, well, I explained everything, everything
It’s fine. Tomorrow there’ll be some kind of
official meeting there, and they’re inviting those
auditors,
they’re calling in Arzamas and everyone else. Tomorrow
it’ll be sometime around half past
around 6:30.
>> So, in the evening then.
>> Uh-huh.
>> All right then. Things there are
generally going нормально.
>> So overall everything’s fine, right?
>> So is dinner canceled or not?
For tomorrow.
Well, I can’t say yet. Did you
have some plans for tomorrow?
>> No, no, no. I’m completely
free until Friday.
>> It really, really shouldn’t be canceled,
>> it really shouldn’t be canceled at all, so
that’s that. All right then.
>> All right, let’s talk again tomorrow. Bye.
>> Yeah, okay. I’ll swing by... Uh-huh.
>> All right, bye for now.
>> There are no more files here. The next folder
is next.
11.08.2009.
Two files. A B 90 978EE002.
Yes. Hello. Hey. Hi. Can you
talk? Yes, absolutely. So right now we’re
there, dealing with those guys in the area.
Well, of course, Arzamas
was resisting. They dragged in this nonsense.
That’s Larisa Gennadyevna.
>> Uh-huh.
>> And that auditor, that damn stupid woman,
damn it.
So basically, specifically there,
the only thing is they scheduled for Friday
an additional meeting, because
it’s a matter of principle there, and Ardamas is digging in
and doesn’t want to. He says, “I’ll make
an official apology to VLK,”
>> “if that’s what it takes.” But I think they
there are talking about reduced prices. I mean, I’ve got
three questions there.
Question number one. They claim that out of
two contracts, supposedly 16 contracts
were the ones VLK took from Kirflis,
that were there like that.
Yes. And here we need to make
a breakdown of the contracts by quantity and by
amounts, who brought in whom, and so on.
>> Uh-huh.
>> The second question is the main one, right? That is,
the key issue there was that
Arzamas—the market price, right? I mean,
how exactly was the market price calculated?
They’re all trying to prove that, well,
they were supposedly forced to ship at
a non-market price, much
lower than market prices. I mean,
they brought in some price lists from some
dubious companies, and accordingly I immediately
caught them out: in those price lists they
were taking the maximum price.
Well, here we need to clearly
and convincingly show where
the prices came from.
>> Uh-huh.
>> Yes. And show that
everything there really was at market prices.
And third, this whole issue with
deliveries, right—the delivery cost calculation. Well,
they’re saying that
when they started being pressed on it,
why they were listing 875
rubles, if the market price was 250 rubles,
they started with this whole thing about
delivery, plus loading,
some kind of packaging,
something like that. So
we need to clearly
prepare a calculation showing what exactly
was included and how it all adds up. So, well,
in short, понятно. Basically,
nobody wants to make a decision, because
well, it’s obvious to anyone that they’re
starting to squirm. What price lists from what
companies, right? I mean, the market price
is formed based on agreements; for
this product there are no list prices. It’s
a commodity-traded product; it changes
every day. So there simply cannot be any
price lists in principle.
Accordingly,
all these arguments about price are empty and meaningless
and have no basis, because I show them
the monitoring data, I put together a chart,
because I had the price checked every week,
but they’ll say, “Well, we have
a price list,” and print out some crap
and say they were told that
this way they can prove
that at the same time, from the same
source, they shipped the same semi-finished material to someone
at a higher price,
right, that they sold it to someone else for more, like, well,
plus they’re also claiming that you more or less
threatened them with dismissal and so on,
and that, supposedly, if they didn’t
go along with that price, you’d fire everyone.”
>> That’s complete nonsense.
>> Total nonsense. Anyway, basically they were all
already there, all of them—Larisa
Gennadyevna was sitting there crying. Opolev
also just went off to Chechnya, damn it, with
that idiot.
>> So we just need to
>> To Chechnya, to Chechnya—supposedly he’s negotiating
about supplies of Kirov timber in Chechnya
or something. Opolev left.
Yes, yes, then we just need to
hold another meeting with Belykh on Friday
where we’ll put the final
full stop on it and sort them all out.
Actually, the problem is that
if I’d known what they were going to bring in, I would have
called you in, because
Well, over there, the mood kind of started going that way...
So, they do ship there. Well, and they...
Come by tomorrow, and I’ll tell you everything.
It was interesting. Well, damn, I get it,
in short. I mean, look, regarding
the clients, I mean there are
clients who, who really are, and those...
the contracts I mentioned were Krasny Yakor, ("Red Anchor")
Domostroitel, KMDK, and Volga and Volga.
>> Right, exactly, that’s it.
>> Well, yeah, we just need five, five, five
five clients, that’s all.
>> No, well, you see, they... and I don’t really
know. She’s telling me something like
out of the sixteen contracts, two are
our old ones. So, accordingly, she says,
that’s a lie — I have different data.
We just need to transfer them over
and break it all down into tables, that’s all.
>> Uh-huh.
>> Anyway, right now there’s kind of something going on there
and we need to understand this process, what’s happening there
whether we’re going to fire everyone — that’s kind of a separate
question, whether to get involved in it or not
that’s already a separate
issue for a separate discussion.
>> Uh-huh. Alright then. From me...
>> What, what?
>> What do you need from me?
>> Just something concrete and real. As for
pricing, I’ve already provided the market review. Another
document I won’t be able to provide. Anyway,
come by tomorrow, tomorrow, and for now
we’ll talk it through, come to an agreement,
about what exactly is needed. But for today, that’s it,
well, right now at least, we need to
basically finish them off there once and for all
just so there’s no turning back.
>> Got it. Alright. So, when should I
come over?
>> Yeah, tomorrow. Yes, come in the morning.
Let’s just call and aim for
the first half of the day. Okay.
>> Alright, good.
>> Alright then. Bye for now.
Next, the next file 75
102.
>> Hello,
>> Hello. Listen, did you know he went to
Chechnya?
>> Those are Votinov’s contacts. Yeah, yeah, I
know. Yeah, he went. Right. So, look, they
can’t provide placement for
clients who come here.
They nearly screwed things up completely because of that.
No, well, it’s clear that he made
some contacts in Chechnya, and Okulev, he
you know, is kind of scared, like
he’s looking for a new roof for himself (i.e. protection/backing). So
that’s why he went, but obviously they can’t
ship anything there because
because there...
>> Well, they can ship there, but they
won’t get the money then. And especially if
they can ship in Kirov, you know,
today the whole thing was just stupid. They
started talking about these
deliveries, about having a centralized warehouse
and I said, what the hell, how many
companies does he have — just two, VK only or what?
No, there were more. I said, why did VMK require
a centralized warehouse? She said, well, they
only set the volume. I said, well then
that means with any company that
sets a volume for you, you’d be
forced to haul everything from all over the place
like that.
She said yes. I said, so that means you wouldn’t fulfill
this order for a single large client
properly. Well yes, we would have looked at it,
we would have quoted a different price then.
I said, "What kind of price?
Above market price, or what, by 1,000 rubles?"
Alright, I get it. Listen. So because of that,
anyway, fine, I’ll come with the contracts,
the ones that... Alright then, anyway. No,
don’t bring anything tomorrow. Tomorrow
there’s no need to bring anything. Just
come over, and we’ll go through it and take a look.
Next folder: 120829
1 file 84
SE
203.
>> Hello,
>> Hello, hey. Can you talk?
>> Hi. Yes, I can.
>> So, look, here’s what I’ve got:
basically. Uh, in principle, uh,
here’s the thing. I mean, if, uh, I
draft a letter, right, under the
contract regarding penalties,
>> then I’d have to include — you know, I just
actually calculated it, and I was shocked myself.
>> Uh-huh.
>> Anyway, if I send it over — I’m just finishing it now —
the difference comes out to 20 million rubles.
>> A 20 million difference in what?
>> Well, between
my order.
>> Uh-huh. And that’s versus the shipment.
>> Ah, well then you can charge them a penalty
>> of 5% of that.
>> Yes.
>> Then write that. Basically, just say in the
report that, basically, let’s
settle this now: you’ve put me out by 20 million rubles,
so why should I now...
my prices are absolutely market-based
so what exactly is wrong with my prices?
>> So, look,
>> Uh-huh.
>> Multiply 20 million by 5% and you get 1 million
rubles. I really don’t need that. So. Well, I’m kind of
thinking maybe I should send, uh,
this official letter now, or should I not? Uh-huh.
Uh-huh.
>> Send the letter. And as for making them
compensate for it — that’s a million rubles.
>> Well, yes, the penalty is in the contract.
>> Send it, send it, of course.
>> Well, that's what I think too — I'll send it to them, and then
we'll take it to court, because
they're basically
>> demanding money from me, while not paying up themselves.
>> Yes, yes, yes.
Alright then. Okay. Alright. Bye.
>> Mm-hmm. Bye.
Next folder: 130829.
Two files, the first one is 6 D 18803.
>> Hello,
>> Hello. Hey. Got a minute?
>> Yes.
>> For a comrade-in-arms. Listen, I sent you
something — take a look.
>> Mm-hmm.
>> So, here's the thing. Look, the issue is this. And
want to hear a joke?
>> A letter comes in by fax
>> from the well-known director of a company called
something like Audit.
>> What company?
>> Something like Audit. Audit...
>> a well-known Cypriot company. So anyway,
do you know what they want?
>> Mm-hmm.
>> They want me to provide registration details
and invoices for my clients.
>> Tell them to get lost. Obviously, tell them
to go
to hell. Mm-hmm.
>> They've completely lost it, can you believe it?
>> And what they specifically want is a portion of
the clients — the ones that are, so to speak, currently
absolutely essential.
>> Like, for a number of orders there, some key contacts,
for example, they're messing things up because he
has some kind of arrangement there — he's selling him timber.
>> Right. And on top of that, some people have already
called saying, like, please,
so that they can sell all this crap,
all of it — that's basically it.
>> And over this Crimean Dawn thing, they're looking for contacts
and apparently they're still chasing them down and
have even sent requests. They're heading
>> straight to hell. Anyway,
>> can you imagine, guys, it's just unbelievably brazen
— totally insane. Yeah, definitely
like children.
Alright then.
>> Alright, then I'll look over the letters.
>> Yes. Well, anyway, I've kind of been thinking about it,
about that option.
>> Mm-hmm.
>> The more I think about it, the more I like it.
I spoke to him about it.
>> Mm-hmm. What did he say?
>> Well, he was pretty stunned, of course.
He'll think it over now, and by this evening
he'll say something — or tomorrow morning, more likely.
Right. And, as I see it,
I explained that the choice is this:
either he agrees, or the thing he's being
invited to simply won't happen at all.
>> Mm-hmm. Got it.
>> Alright then,
>> okay.
Alright, agreed.
>> Alright, for now you keep it there in Panda. You
don't bring him in anywhere. What? What?
Say that again.
>> You're not going to Panda, right?
>> No, I'm not.
Alright then, I'll just call you.
>> Okay, bye.
>> Alright then.
>> Bye.
Moving on to the next file: 852D3.
>> Yes. Hello, did Petya call? Yes,
>> yes, he did. Listen, I have a question.
Do you think you'll manage today
to discuss what we talked about
this morning?
>> Well, I hope so.
Mm-hmm.
Well, actually, that was my only
question.
>> Well, I hope I'll be able to. We're going
to those shooting exercises, so I think
I'll bring it up there.
Because, well, the thing is, I've been
walking around thinking about it, and it turns out that
however you look at it, it's the most convenient option. What? What?
Say that again.
>> I'm saying, I've been walking around thinking about it,
turning it over in different ways, and it turns out to be the most
convenient one.
>> Well yes, yes, yes, probably. Well, I
I hope that today
we'll talk it through.
>> Here, I think, we just need
to talk not only about
the principle of it, but also about the different
timeframes for implementing it.
>> We can't drag this out forever.
>> Mm-hmm.
>> Mm-hmm.
>> Well no, of course there
we'll also immediately clarify the key issues there
as well.
>> Right,
alright, I'll call you. Okay. Bye for now.
Next folder: 150829.
One file: 4B22
3004.
Yes. I'm listening.
>> Petrovich.
>> Yes,
>> Pyotr Petrovich called.
>> Yes, Pyotr Petrovich,
>> called me last night. I just wasn't
in range.
>> Ah, I see, Petrovich. Well, look,
next week you may be invited
somewhere, alright? So don't
be thrown off, and basically, that vision
you have of the enterprise, just as well
Talk it through and everything will be fine. Can she
write it?
Well, no need to write it down, since for you
it will all be a surprise. You don’t know any of this,
after all. Ah, well, Espoleto
was suspended yesterday, right.
>> Right.
>> And who was appointed acting in whose place?
>> No one yet.
>> He’s next in line in the hierarchy there, right?
>> What,
>> well, there, by rank, by the hierarchy,
there’s the chief commercial director there
or maybe a deputy will be the one
acting for now.
>> I don’t know. Decided by whoever made the call.
>> Ah, I see.
Alright then, you’ve gone home, as I understand it,
right, Dmitry?
>> Yes, yes. Yes. Well, I’ll call you, actually,
so that if anything comes up, you’ll just
be ready if I call for you, so you’re not surprised.
>> Right, got it, understood everything.
>> Mm-hmm.
>> Alright. Thanks, everyone, Pyotrvich. All the best.
Take care.
>> Alright, bye.
>> Next folder: 1908292
first file: 6A8F
602.
Yes, I’m listening.
>> Hi. Can you talk?
>> Yes, I can.
>> So, did you go see anyone, I don’t know,
Cherkhov or someone else?
>> No, I haven’t called anyone yet.
>> Look, basically, the plan was approved.
I went over it there with Belkh and Cherchukh.
That is, basically, there it goes like this:
first, he is removed from his position; second,
this Pyotr Petrovich is appointed.
>> Mm-hmm.
a working group is created, and there’s
a tentative lineup: you, me,
Shcherchkov, Elena Mikhailovna, Belousov from
the Forestry Department, maybe
someone else too, and then, accordingly,
the working group—and specifically you—
put forward a plan of action for the working
group: what exactly it will examine there, what
it will do.
>> And
separately, it also needs to be arranged that
Kirovles order a proper audit at its own
expense, yes, from some reputable
firm like Deloitte or a similar company.
Yes. And accordingly, the working
group would spend some time dealing with all this
and then present its
proposal for reforming the organization and
so on. So, I mean, you had
some kind of preliminary work plan,
after all. The one you, sort of,
showed to Ilya Mikhailovna—so today
you were called about that, text Cherchukov and
go see him today, show him this plan,
>> yes, and ask whether they’ve signed off on
the working group yet or not.
They really should have signed it already; maybe
they already have. Then just
go to Kirovles, plain and simple,
and, I don’t know, kick that
commercial director out of the office, sit down in
that office, and say this is the office for
the working group’s operations.
>> Say that, basically, right now
Navalny will be back and we’ll be sitting
here all day, and we’ll just start with
them there—well, just working in a
very intensive mode.
In short, they need to be pulled out of this.
>> Sorry, what?
>> Well, they need to be pulled through, really,
so they don’t collapse. Yes,
>> yes, yes, yes. We’ll pull them through. Alright.
>> Alright, got it. That’s all.
You’ll come back then.
>> I’ll come back. Well, I’m planning to, or if I
need to move Yulia’s car,
then I’ll come over on the weekend in her car.
>> Ah, okay. So I’m just staying here
for the weekend, so
>> Great. Alright then, then, then
if anything comes up, call, and with this Pyotr
Petrovich, be a bit more proactive there. If
that asshole shows up there, tell him to go
to hell.
>> Mm-hmm.
And if anything happens, call. One more request about that
little house. I warned Tyshlik,
yes, he said he’d take care of everything. Well,
just keep an eye on it there, to make sure they
got it. It’s just that I didn’t know he would
be summoned right on Monday. I, I
told him, but he had no idea about that at all.
>> So he didn’t even know?
>> He had absolutely no idea. Well, and when it comes to
that, didn’t you tell him anything? You didn’t
call him and say that this guy had been
removed? No, no, no, I told him everything. He
was aware of everything except
the little house.
No, well, about the little house, sure—but about the fact that there was
an appointment and everything else,
>> of course, of course, he knew.
>> Alright then, great. The little house is just a
minor detail, but it still needs to be done, since
it was promised.
>> Alright, I understand. Yes, of course.
>> Mm-hmm.
>> Alright, bye.
>> Alright then, call if anything comes up. Bye. Yes,
>> bye. Uh-huh, see you.
>> Next file: S27B32.
>> Hello.
>> Hello. Hi.
Yeah, Lesh (short for Alexei), hi. Listen, did my
call get through to you or not?
>> Your call came through, and then I picked up
the phone, but I couldn't hear anything.
>> Ah, strange. That means there was just some kind of
some weird glitch, I guess. Yeah, yeah, yeah.
Listen, tell me. Actually, I
even wanted to ask not just
about the forest situation, what happened there.
>> About what?
>> Well, the forest. The forest, the children, and so on.
>> Ah, well, nothing really. I mean, I arranged
for them to include him in the working group.
Well, basically, that working
group was created precisely so that he
could be part of it. And then, well, there
the second question is whether he'll also want
or not want him to become his
advisor.
>> Mm-hmm.
>> But today he calls me and says, "So,
basically, Nikita made some edits, and his
working group wasn't included, and instead they included
you." Though it was obvious anyway
that I was supposed to be included.
>> Mm-hmm.
>> He can't be appointed as an advisor or assistant, and they included
him in New Yorda
Massova.
>> Mm-hmm. I said, "Well, I wrote that I am not going to
take part in this bullshit at all."
What is this working group even for?
>> So they can keep making a scandal out of it.
>> Mm-hmm.
>> So I wrote to Cherchukov. He was like, "Well,
>> kind of,
we'll sort it out."
>> Sorry, what?
>> Well, Cherchkov wrote, "We'll probably
figure it out."
>> No, it was more like, "Well, okay,
come on, we'll sort everything out, everyone will
work normally." And so I,
accordingly, later on, when
I started really pressing him on it, he
said, "Well, it's like talking to a deaf
person." I wrote one
text, then two. I said, "Who is going to
work there?" I mean, I wrote: Who will? I said:
"First of all, what is this deception about? What is
this working group for? Who is going to
work in it?"
>> Mm-hmm.
>> And why are they creating it at all? Who is
going to sit there all day in that
damn forestry office? He writes to me: "You..." And I write:
"What the hell is this? Why is there always some petty
deception going on?" But he did reply to me. Well,
I also sent him a couple more
texts.
And that was it, then he went quiet. Today he still
hasn't said anything. So I didn't write anymore.
Well, clearly they're in some kind of dispute there, right,
>> what, what?
>> And then those cousins of his came to visit him there,
they were all sitting around, and I left. I mean, I just
couldn't take it anymore somehow.
>> Some cousins, probably.
>> Well, he has some from St. Petersburg.
You might know them, maybe,
>> but I just can't stand gatherings like that. I mean,
they're nice people, everything is very pleasant, but
I don't know, maybe it's because I was sober and everyone else
was drunk, or maybe just because in general
I just can't
tell you, I can't explain it to you, but it was
just some kind of nightmare. She was say-
ing she was so overloaded. I said, I'm overloaded
thinking about healthcare.
And he says, yeah, what's the matter? I say,
well, you're creating problems for me. But then I thought,
actually, I really am overloaded.
I really did go to that meeting,
and I brought and prepared 10
documents. Ten.
>> Mm-hmm.
>> Ten, based on the requests he had made.
And yet our meeting lasted about 5
minutes, because he said, "Yeah, yeah,
yeah, yeah, yeah, yeah, just leave it, put it down, I'll
read it." I said, "You're not actually going to
read it, let me explain it to you." No, no, I
definitely will read it. The main thing is, he
asks for requests, and then what you
prepare in response to those requests, he doesn't read.
Then later the issue comes up again,
and he says again, "Let's have someone
write another request."
Well, I don't know, I mean, I have some kind of
problem with this. Apparently I just don't know how
to work with this governor, or maybe I just
don't have the ability somehow, I mean,
apparently some people can somehow
draw him in,
get him interested, but I can't. All my
topics and problems and everything
we're dealing with just don't move him at all and don't
interest him in the slightest.
Yeah,
yeah. No, but
the constant lying has really worn me out, damn it.
And on top of that, Stashkov keeps calling me,
saying I should deal with the hotel issue.
>> Just tell him you're not going to deal with it, and
that's it.
>> I just don't answer the phone, that's all. Damn, what
>> Why don't you pick up? Just tell him you're not
going to handle it, that you don't see
any point in it for yourself.
>> No, just tell me, Sasha, Stashkov,
why exactly should I be dealing with this?
Please explain that to me.
And how am I supposed to say that to him? No, why would I
be dealing with hotels? What exactly am I supposed to do, and
what am I supposed to be handling there?
>> Like, negotiate with Lebed so that he
would provide something there, some
hotels for them for free or, well,
basically there's some kind of issue there involving
those small hotels.
>> No? And at the start, Alexei, I mean, you were like...
it's all some kind of absurdity, really. I mean,
whatever it is you're supposed to be doing,
once the person has made up their mind,
it should be clear what they want from you, so that you can be
told what is expected of you and what you'll get
for it.
Put it in writing and have it all properly
signed off on.
That's it. Otherwise, what's the point, Alexei,
for some kid there with...
to be running little errands for no
reason at all?
I mean, it seems to me that he
has to understand that if he wants something from
you, then he has to give you something
in return.
It's just that, because
you yourself aren't really holding that line,
>> No, but you see, I just kind of...
damn, the way it turns out is, there was supposedly
an agreement, I mean, there was
an agreement, everything was fine, like,
I mean, I had an agreement too.
He asked me, said: "Will you be there,
like, can you help with the swans?" I said, "Okay,
sure, I'll help."
So I basically promised, right? But
when he promises something, it apparently doesn't matter, whereas if I
promise something, I have to do it. Anyway,
all of this is just unbelievably
irritating me, really
constant petty lies.
>> But why is he like that? I wonder why he did
that?
>> I don't know. It seems to me, just... really,
I honestly don't know, I don't understand.
I thought maybe there was something there, and then he started telling me
that too. But we never
agreed on that. I said, that's the whole
point of an agreement. I said,
what, am I supposed to go around writing everything
down all the time now? Am I really going to have to record
absolutely everything from now on?
Well, write it down then, sure, and that's that.
>> Damn, I mean, I already made arrangements with this Volgo-
Telecom company,
>> yeah, that they would install three
webcams there for free.
>> Right, and he's already written about that,
>> yes, and he wrote: "I have an agreement
and so on." No, I don't even mind,
please, for God's sake, let them write it. That's
what the agreement was for. But you see,
he screwed me over in the morning, damn it, and then in the evening
he solemnly writes, damn it, fine, let
someone else go, I don't know, one of his favorite
people or whatever, and talk about something
there—if they give even 3 rubles
(a token amount), then at least it's something; otherwise it's free.
And when I told him that—three
cameras—I said, "That seems a bit small-scale,
what kind of project is that, installing three cameras
for free,
damn it, let someone else, I don't know,
come and install half a camera here."
>> Yeah, even half a camera. Exactly. Nobody
else has installed even half a camera.
No, but Alexei, it's like, you know,
I don't know, I mean, somehow,
honestly,
>> I don't know, I just think
this is partly because you
well, I don't know, I mean either
maybe it is possible to agree to some things
if you're acting as an implementer
or as an adviser, yes, you can do certain things,
well, from a certain point to a certain point,
like, go off and perform heroic labors
like Hercules, maybe even
see some arrangement through completely, with something else too, and then
basically forget the rest of it, and for everything else
just say a flat no. No.
Just no. Or if it's yes, then
why is it that you're the one doing everything? I mean,
you somehow need to
draw the line.
Next folder: 20829.
Two files. The first is 680 ES 203.
>> Hello,
>> Hi, Alyosha.
>> Hey there, you old traitor.
>> Oh, so that's how it is, huh?
>> What else am I supposed to call it?
>> We've got a young traitor here too. That's
how it is,
>> Of course. I never betrayed you once, damn it,
but you, damn it, are constantly undermining
me,
>> misrepresenting me.
I'm the one misrepresenting you, damn it? I'll kill you
when I get there.
>> When are you getting here?
>> I will, but I was planning to leave around Wednesday.
I need to move Yulia's car,
so I'll probably head out in her car
on Friday or Saturday.
>> Ah, so you're not here yet. All right then, see you on
Sunday.
>> All right. So what, did something urgent come up there?
>> No, I'm just gathering people right now, and you're not here.
Vitserov.
>> What?
>> Zavirov, I'm saying.
>> Ofitserov? Who's that?
>> Your adviser.
>> All right, okay, okay, I'll meet with him
today at the door. All right, bye.
Yeah.
>> Next file: BF16E
202.
Hello.
>> Hello.
>> Yes,
>> Hey. Can you talk?
>> Hey, yes I can. So,
>> so, did you find out who Ofitserov is?
>> Yes, I recognized it. Uh-huh.
>> Well, I just thought you had called me about those
phones. I completely forgot about them.
>> Right. Well, I met with that Sergey.
>> So what?
>> Right. Well, we talked, and overall everything is
fine; later we'll talk in more detail.
I mean, uh, Petrovich has
become very active there, so
everything is going according to plan.
>> Well, he's sort of moving in the right
direction. Yes, yes, yes. Yes, so far
everything is heading the right way. That is,
actually, it can be done even without
membership in the commission, so
that can kind of be put on
the back burner there. We have three
issues there. Say, will you come on Mon-
day? Will you be there on Monday?
I'll be there on Sunday. And are you going to Moscow
or not?
>> No, I'm staying put. Going? Yes. Well, I'll just take the
car over and come. I'll leave Sunday
morning and arrive Sunday evening.
>> Well, you'll arrive at night, and I'll
talk to you then.
>> We'll talk on Monday. I just
thought that everything, everything, everything is
under control, everything is fine,
so, basically, we can move forward. I mean,
did you discuss the adviser
or assistant position?
>> No, we didn't. We discussed
that commission membership issue. I mean,
he seemed kind of stressed. I just didn't
push it further, because he was saying
something like there simply wasn't
an opportunity. I mean, well...
>> Wait, you're saying he was stressed?
>> No, I mean he was stressed out.
>> Stressed out probably because the broadcast had just
ended. As for the commission,
he said, he explained that, basically, there really
just wasn't any possibility. Well, I was also
immediately surprised, because it turns out
there's a scandal, and one participant in the scandal
joins the commission, while another participant in the
scandal does not.
>> But I had agreed that you would be
on the commission. They didn't include you in the
commission, so I came down on them hard
over that, actually.
>> Well, I understood that, but those are already
more political issues overall. That is,
basically, what we need there is, uh,
still to focus on the bigger
three issues. One issue is the one we
discussed with you, remember, in the square.
>> Uh-huh. Yes, yes. Yes. That's the main
issue; without it, everything else loses
its meaning. And second, the two main issues are
the adviser issue, so that the first one would be easier
for you to handle, and the issue of making sure
that Operev doesn't come back anymore. That's all.
>> Uh-huh. Okay. All right then, I'll
meet you somewhere on Monday,
>> Yes, if we resolve the three issues, everything will be
great. Uh-huh. Good.
>> Uh-huh. All right, say hi to Yulia.
Next folder: 260829.
One file: 535
204.
Hello, Pyotr Petrovich,
>> so, there's nothing specific there on Musitinsk
in particular, because people have only just
gone out into the forest.
>> What? Just the forest?
>> They only just went into the forest. Yes, they did.
>> All right. And what about that logging plot there?
>> Well, we need to go, we need to go. There are logging plots there,
and people are lined up for them. We just need
to go there and sort it out on site—who needs
what.
>> There are plots available.
>> I just don't want it to turn out that
I send people there for nothing. You know,
Kolya Petrovich, here's what I want to do now.
I want to come to you in about
an hour and a half with a few people.
>> Uh-huh.
>> Will you be there?
>> Well, of course I will. Sure.
>> All right then, we'll discuss everything there.
>> Uh-huh. Good.
>> Good.
>> Next folder.
029.2009.
Three files. First: 702
D804.
Good afternoon.
>> Hello.
>> Yes, I'm listening, Petrovich.
>> Yes, yes, yes, I'm listening.
>> Is that you?
>> Yes, yes, yes. It's me.
>> I didn't recognize you at first. So, look,
let's talk this through now,
right now.
So, put the truck in for loading,
yes, but here's what I'm asking. Let's
handle payment for this shipment
by the posts.
Upon shipment.
>> Uh-huh.
>> Hello.
>> One second, I'll step outside.
>> Uh-huh.
>> Hello, Pyotr Petrovich, I've stepped outside.
Can you hear me now?
>> so that we don't get tied up even deeper in accounts receivable
there. Let's finish loading now, and
you pay us immediately. That is, upon
shipment.
>> All right, then afterward I'll just
take all the trucks you have, and
I'll pay right away. What, what?
>> It's just that the Germans don't want, until October,
to sign any contracts. If we...
If we keep the contract, we'll continue working,
and if we don't, then we won't work with anyone
at all.
>> No, well, I'm calling Grazyna now, she
seems confident - she said we'll
work as we should. Hello,
>> I just need to understand what exactly we need to
>> issue you the, well, invoice based on
the actual amount, and we need to be paid.
Well, how much can you do with the trucks?
>> Right now we have one truck ready here and
two more still being worked on. Everything has already
been put on hold.
>> No, well, you just keep doing everything. I'll
settle it based on the actual amount. Agreed?
>> Agreed.
>> Yes. Just look, regarding
the Germans.
>> No, well, regarding the price - that is, deciding
the pricing principle. We're offering a price
of €15.5 based on the actual load.
You're breaking up badly. Where
are you?
>> I'll call you back now.
>> All right.
Next file: 707S304.
>> Hello.
>> Hello.
>> Petrovich, can you hear me?
>> Yes, I can hear you now.
>> Yes, so let's set the price for
these items.
As of today, if you include
all VAT, your price is 25.8,
I've checked. Yes,
>> 24
>> already. It's 24 now, yes.
>> Well, we just need to decide on the price
plain and simple. Today, €11 isn't really
a reasonable price. Maybe at least
€14, if yours is 24.
>> Yes, yes, yes. The last one.
>> Who shouted there?
>> Ah
>> they're shouting there.
>> No, well, here
>> we're sitting in the department, right? Yes,
>> I see.
And €14 per 100,
>> right? Yes, yes.
>> 63
p
5.6.
No, that's not realistic.
>> We simply need the money today.
How much can you offer?
>> Well, I can raise the price, sort of, but then
the price there becomes almost unrealistic. So,
how much, how much - tell me?
>> Well, I can do 2,600
euros
more.
>> Well, how much would that be per post,
then?
Twice as expensive as ours.
>> Well, I don't know, it comes out more expensive there.
>> Ah, but that's
in - what? He there
>> I just need to calculate how much that
could be. 2,600 - right now, at 2,600 from
you, I can take it there, uh, like from
the former partner at 2,700 - that's the maximum,
simply. I can't do more.
>> 2,700, right?
>> Then it's gone there out of the deal.
2,700. So I'll calculate it now. All right,
if it's 2,700, roughly how much do we
get per post there? 5 and 5 posts
at 2,700. All right then, let's settle on this price
for now.
So, we need to send a truck. I'll
give instructions regarding the Kyiv facility now.
Shipping will start today. All right.
You have the specification.
>> Well, that's for the next trucks already. That is,
this truck is going at the old price.
>> Well, Yurovich, why at the old price? Because
>> you've already invoiced this price
already,
right?
>> You have to do it according to the documents.
>> All right, send the truck then, I'll
give the order now so they can start
loading.
>> All right then. And whom should we send?
>> Send what?
>> Well, in general, just give the authorization,
so they can start loading there, so they can start
working too - I'll tell them.
>> The truck, the truck. Send the truck. Send the truck.
Send it.
>> Ah, all right, all right. Let's do that.
>> Where should we send it?
>> Well, it was loaded there before, I think.
>> Mm-hmm. All right, all right.
>> You know the female customs declarant there, right?
>> Yes, all right, agreed.
>> And I'll issue the invoice, the VAT invoice,
>> for payment. You will pay, won't you? All right,
fine.
>> As soon as you ship it, we'll pay immediately.
>> Yes, once it's shipped. Well,
>> that's it.
>> Next file: 93BS3.
>> I understand, yes, but I need to.
>> I'm listening.
Hello. This is Sabina Chvatova
from Del company.
>> Oh, hello, Sabina. Sorry,
it's just that
it really slipped my mind. Now that
you've called, I remembered that I forgot to
call you back.
>> Yes, yes, yes. Yes, sorry. Mm-hmm.
>> Well, I was asked to get in touch with you
regarding the audit. Yes.
>> Mm-hmm. Mm-hmm.
>> I wanted to ask, um, what the situation is on your side
what there are. Look, I was explaining,
a young man called me; I’m a
governor’s adviser in Kirov
Region. In Kirov Region, there is one
large, dysfunctional enterprise
called Kirovles.
>> Yes, what is going on at that
enterprise? No one really understands
what is happening there. There’s a new governor,
and everything there is rather strange.
Accordingly, the task that was
set before me included
figuring it out. And naturally, the first thing
that came to mind was to conduct, so to speak,
a full comprehensive audit there. But
since I had some
acquaintances at Del Tush (apparently Deloitte), I
got in touch with Del Tush.
>> And naturally, we have one question:
the enterprise is state-funded, the money is public,
so we want to understand,
how much we can afford, and then
order this audit. Well, I don’t know,
if that’s possible, and I’m just not entirely
sure under the current
legislation; as I understand it,
a state enterprise is required
to hold a tender for audit
services.
>> Yes, of course,
>> that’s right. Yes.
>> Mm-hmm.
>> Then we can announce a tender, specifying
that we need auditors from the top
three. Something along those lines?
>> Mm-hmm.
>> Well, that is basically all that
I’m prepared to say. To look at the
financial statements to understand what
this is.
Well,
>> Let’s do it this way. You
write to me which documents, well,
the initial ones, I should send you so that
you can tell me how much it would cost,
because, well, I don’t even understand
the rough order of magnitude. Or can you tell me
the ballpark figure?
>> Well, in principle, as a ballpark figure,
yes. Roughly, maybe around
$20,000, yes. How much is that?
>> Well, $20,000 is acceptable
for us. That is, if it costs
say, roughly 1 million
or 1.5 million rubles, that’s fine. If
it costs 5 million rubles, well, probably
this enterprise won’t be able to afford it.
>> Mm-hmm.
>> Well, you understand, Kirov
Region is poor. If we pay someone
5 million rubles for an audit, it will look
strange.
>> I see, I see. Mm-hmm.
Well, 20 million is, so to speak, when
everything is extremely simple.
>> You mean 20,000?
>> 20,000, yes, I mean 20 thou-
>> yes, that’s when everything is extremely simple,
and there is a simple balance sheet, yes, in order
to understand how much higher it might be.
I think it will be a bit higher. I’m not
sure it will be much higher. I need
to look at the balance sheet and the profit-and-loss
statements. In principle, I don’t need anything else
beyond that.
As I understand it, this is logging,
right? And
>> it is
called logging and
reforestation work.
>> Mm-hmm.
>> Right, so you need the balance sheet, yes?
Which one? The annual one.
>> Well, perhaps, if there is a latest one,
say, a half-year statement as of June 30,
>> the latest balance sheet, yes? And
>> the profit-and-loss statements, that form. So,
the statement of profit and
>> loss. In principle, the annual balance sheet
is accompanied by
an explanatory note. So perhaps
the explanatory note to the latest
annual balance sheet as well, so as to at least understand
what’s what. It contains the basic
information about the enterprise’s activities,
so that explanatory note too.
Well, I think that will be enough.
All right, then I’ll write down your
email address.
>> My surname is complicated. Let me
send it to your phone by text message.
>> Listen, let me dictate my simple
email address to you. All right.
>> So, Navalny, spelled: Nikolai.
>> Uh-huh.
>> Alexei.
>> Uh-huh.
>> Viktoria.
>> Uh-huh.
>> Alexei.
>> Mm-hmm.
>> Leonid.
>> Mm-hmm.
>> Nikolai. Mm-hmm.
>> And a Y at the end.
>> Mm-hmm.
>> That comes out as Navalny. Well, Y.
>> Mm-hmm. Mm-hmm.
>> So that comes out as Navalny, right?
>> At gmail.com.
>> GML
>> GM—well, Gmail. One word. Gmail.
>> Gmail. Mm-hmm.
>> Yes, dot com, dot com
there. Well, Google mail.
>> Gmail.com.
>> gmail.com.
All right.
Then let me send you a test
message.
>> Mm-hmm.
I’ll check.
>> Yes, I’m doing it right now. Uh-huh. I’m typing already.
>> Right.
Okay, I’ve sent it.
Just a second.
>> Did I write it correctly? J M A I, yes, all as one
word.
>> Yes, yes.
For some reason, nothing’s come through.
One second.
Something
>> nothing. So something’s wrong. I typed
some random letter. Although, it seems,
>> no, maybe. Yes. Oh, something didn’t
come through. Well, go ahead and send it, try
an SMS, and then I’ll write back to you. Okay.
>> Okay.
>> Alright, agreed. Then tomorrow I’ll
try to send you all of this.
In that case, please just let me know,
give me a rough idea of the price. Well, I don’t know,
in any case, we still need to hold tenders,
right?
>> Yes. Mm-hmm. Yes. For unitary enterprises,
yes.
>> Mm-hmm. Alright then. We’ll decide. Well, I mean
it would probably be wrong,
to handle the audit report. And then somehow
fiddle with this tender. Well then,
we’ll go with whatever was decided. Mm-hmm.
>> Alright, agreed. Okay then, I’ll be
waiting for your text message. Thank you.
>> Yes, thank you. Goodbye.
>> Next folder: 01029
1 file: 5D89503.
>> Yes, great. Hello. Hi. Call me.
>> Yes, I called. Wanted to know what was interesting there,
I mean. Uh,
>> nothing much. I’ve just now been sent
the audit assignment for you.
>> I spoke to them, we’ll apparently do it.
Now we’ll approve the terms of reference there and
hand it over.
Hold on a second. Hey, do you hear me?
>> Ah, so everything seems to be fine. He
said that he had, like, looked into it
and talked it over, and in those, like, it’s clearly
interesting there.
Who did he talk to?
Perkhov spoke with Vaki
and said that Vasya is a decent guy, but
he clearly won’t be able to handle being director.
>> Well, he won’t handle it, yes. I think so too.
>> No, no, he won’t manage. He thinks he won’t
manage it.
>> No, no, not in the format that’s needed,
he won’t manage it.
>> Well, maybe in format two. That is,
>> uh, if it’s the format that you and I
discussed, then yes, he could handle it, if
we’re talking about a director on a broader scale, like
someone like Korolyov, then of course not.
Right. But really, the question here is
this.
Yes, if there are other proposals, then
that’s possible, I’m just saying that he
will be, well, as you yourself know, he’ll
be doing what he’ll be doing. Right. Mm-hmm. So I
think that any person who
fits within the framework of this, well, scheme,
won’t really be suitable, you understand?
Well, that’s my view. I mean, even
if it were me, I wouldn’t be suitable either.
>> Mm-hmm. Mm-hmm. Right. So, yes.
>> Well, okay.
>> Mm-hmm.
>> Alright, talk later.
>> If anything, I’ll be in Kyiv by the evening.
>> Alright, agreed.
>> Mm-hmm. Bye.
Next folder: 02129
two files: 82
EAB
203.
>> Hi.
>> Hello. Hi. Yes.
>> Yes. So, what’s going on there? What’s happening?
We were just sitting there with Gordeyeva and Shcherchok
also discussing what to do.
Well, you see, there are various
candidates being considered. Like,
Gordeyev says, “The ideal person would be
Ofitserov.”
>> And who was it that said that just now?
>> Gordeyeva. And I think so too, and Cherchkov
thinks so too. I mean, you understand,
things there are really in complete disarray right now. That is,
I mean, Opolev seems to have been removed, but in
practice he’s still sitting there doing something. This Vasya
can’t do anything at all. The losses are
enormous.
Next file: 83292
03.
>> Yes, the connection got cut off.
>> So anyway, things there really are
a complete collapse. Absolutely no one
is managing anything at all.
>> Well yes, they may already be there in a hole, so to speak,
with gigantic losses. Now they don’t want to take timber
on lease anymore. They say,
we’ll work under contract. There’s no justification
for it whatsoever. That is, the forestry enterprises aren’t
obeying. Total
>> Mm-hmm.
>> So, well, they’re already saying:
“Let’s bring Oplivo back,” because
at least he knows something. I say, “Well,
we can’t bring Oplivo back.” Tyshlik, apparently,
is demanding that Opolev be brought back, and
he doesn’t want it any other way. So, like,
Tyshlik is also digging in his heels and demanding that
Opolev be brought back.
>> Mm-hmm.
>> Ah, so there, well, I mean, nobody
knows anything. This new guy,
who would be at the head of the department there,
a guy named Ravil. So he, accordingly,
also says something like, "I don’t know, maybe
put Opulev in, because he
because he understands at least something." So
basically, well, there,
he understands something, and I kind of
I also tell him, accordingly, that
he doesn’t understand a damn thing. And they say:
"All right then, who? Vasya supposedly can’t
handle it." That’s already the general
consensus. They say, "Well, let’s
put Officerov in." I say, "But Officerov kind of
doesn’t really want to." I say, "Well,
tell me what to do then."
Well, look, I was thinking maybe, you know, if
I were to sign a contract, but you know, in a way
where it would be, conditionally speaking,
not as CEO, right,
but not as some kind of crisis manager either,
but specifically as a manager for
the transition period, so to speak,
for the reorganization.
Uh-huh. So basically, I’d put it in the contract there
with the department that I work there, well,
under certain conditions, right, meaning
the main one, or one of the main ones,
would be a flexible schedule, so that I
wouldn’t be tied to that chair. And then
we’d spell out what would need to
be done, with the plans written out there. I’d simply
start acting as the implementer of that
plan. Only in that kind of format, like
somewhere between a consultant, you know, and
a CEO.
>> So, something like CEO-level powers
of a general director,
but without the responsibility of a general director. They
won’t agree, you see? What do they actually need?
They’ve got a state function there, a contract, they’ve got
all sorts of meetings there in that
department, I mean, they’ve basically got this kind of
civil service setup
there, so with a flexible schedule they
obviously wouldn’t agree. Well, that’s
the kind of person they want there — they want
an official, basically,
>> Yeah. Anyway, that’s the situation. Uh, you see,
and besides, I’m afraid that
if we appoint you now, all these
those hangers-on there,
the forestry enterprise directors loyal to Opulev, they’ll
start an open war with you there, well
either an open one or some kind of
other kind.
>> And accordingly, some
huge problems start there, and
they dump all of them on you.
>> Well, yes, that’s true. But what about Vasya? Why
don’t they want Vasya?
>> Well, because supposedly he can’t handle it.
Well, I don’t know, that’s the opinion of both Shcherchkov and
this one, and Gordeev, and as I understand it, Rdam too,
that he just can’t handle it there — that he’s decent,
smart, but he can’t manage all of
that there. He’s supposedly not charismatic enough,
so he won’t be able to handle those people.
>> Yeah, that’s true.
Well, basically, you know, one option here is
you could come in on a trial period,
with the condition that for 3 months
they don’t mess with me at all. You know, like
actually, you really could come in for 3 months
and see — there are bound to be some
huge problems. And to hell with it — well, I
turned it down, you see. So we
could sign — you can think about how to handle it —
a contract of this kind, where I’m sort of
agreeing, but on the condition that the term is 3
months, and basically both I and they — I spend 3
months looking at them, and they spend 3 months looking at
me. And that’s fine.
>> Yeah, we need to think about it. Maybe — I keep thinking,
of course, maybe we could do something clever
and appoint both you and that
idiot, Topolev, at the same time, so that he signs all
the unpopular decisions or whatever,
while you run everything
— or would that not work?
>> Well, if he has signing authority, then yes, that’s how it would be.
You know how it could be done? Here’s one way
to do it. Look, conditionally speaking,
I could come in as executive
director,
>> well,
>> and he’d be the general director, right.
>> Uh-huh,
>> let’s say — I’m just throwing out an option,
it’s a terribly shitty option, but it exists.
I come in as executive director, Opulev becomes
general director, and I remove Bastrigina,
and accordingly appoint a finance
director and a commercial director. I don’t
know, Vasya or someone else.
>> There you go.
>> And accordingly, we’d change production there too.
We don’t need Tyk.
Right. And here, you see, what we really need to do is
clearly define what the functions would be,
that is, spell out
the functions of the executive director and
the functions of the general director. And
the general director would specifically be more of a, well,
a ceremonial general director, remember what
we talked about six months ago? Yes.
>> Meaning that the general director would have
representational functions.
>> Uh-huh.
>> You know, like the president in France.
>> Right, got it.
>> So in reality, the charter still needs
to be changed anyway. The charter is being redone already.
>> Uh-huh.
redo it accordingly
just rewrite the charter for this, and basically
reduce the general director’s
number of powers, meaning all those
various bells and whistles, so to speak
They’re signing off on the HR stuff, damn, but still...
The only question is how to make it so that he
you understand, he’s not going to
obey.
I mean, the only way is basically just to
then squeeze everyone out and say, uh,
with you, I mean, you can be friends with top management as much as
you want, but the money still
won’t be given to any of you anyway.
Well, that may actually be an option.
Alright, fine, let’s think about
that. Because honestly, I really
right now we’re kind of there, well, the boss still
has some influence anyway, he’ll be
keeping an eye on it there, especially since
it’s really not them anymore, I’m telling you,
they’re backing out of the state contract for the timber,
they’re saying it’s a state contract. Besides, there
the prosecutor’s office has issued an order regarding this
uh, this big lot,
>> so they won’t have any timber.
Ah, so that means there won’t be 30 million in payroll
there, well, in full.
So basically, in the second one they’ll have to be,
apparently, bankrupted.
>> 30 million.
>> Well, their payroll is 30 million a month
.
>> Well, then they need to be cut back,
just at a rapid pace before the New
Year.
>> Yeah, something like that.
>> We need to fire 1,000 people. I mean,
basically right away, over the course of October.
>> Yeah. Alright. Anyway, I’ve got people sitting here
in the reception area. Let’s think about
these options, how they, how they’re going to
wait.
>> Uh-huh.
>> Next folder: 21129.
One file: 899503.
>> Hello,
>> hello. Hey,
>> hey.
Well, of course, I couldn’t make it with them
to come over. What, what?
>> I’m already on the train. Couldn’t come, already on the
train. And
>> we’re heading out now. Anyway, I’ve got two
pieces of news.
>> Uh-huh.
>> First, I’m leaving. Second, I signed the payment orders.
Yeah. Through March 8. And third, I signed
the penalty notices.
>> Signed everything. Yeah.
>> Yes. For 536,000.
>> Well, that’s great.
So it all got done, then. What?
>> Everything we planned, we did. Yes.
>> Well, looks like yes. So right now I
didn’t manage to take it for myself in time to keep
everyone, and as for that, well, the accountant is already running the office
already.
>> Uh-huh.
>> I’ll sort it out more simply now.
That’s how it is. Right.
>> Excellent. Excellent. Alright, everything’s
okay.
>> What else is there?
>> Nothing,
>> it’s fine. What?
>> Well, I kind of ran into
Cherchok in the cafeteria. And he kind of
asked me, “So what’s going on there?” He
said, “Well, you know, they say they haul water for the offended” (a Russian idiom meaning people take advantage of those who feel slighted).
And then he was like:
“So what, is he going to keep singing that tune or not
?” And I didn’t really give anything definite, neither
yes nor no.
>> Uh-huh. Alright then. Actually, we basically
don’t need any of that anymore.
>> Yeah, yeah, yeah.
>> Look, here’s what I want—there’s an idea
like this, right. Look, the group currently
has a problem: there are always issues with the season,
with hauling, meaning, well, they can’t
really get anything under control.
There’s an option. We could buy
tractors based on tanks, a T-355 tank model.
>> They cost around 700 each. I could, roughly speaking,
get them for 800 each.
>> Well
>> So, accordingly, this tractor, well,
it’s actual military equipment, it breaks down
half as often. Well, basically it
lasts longer than, than
civilian equipment. Uh-huh.
>> It’s built differently there and all that. And it can
pull out of any kind of remote
swamp, basically.
>> Uh-huh. So they put special tracks on it
and it can haul 30 cubic meters
through swamps, almost underwater. I’ve
seen it myself.
>> Uh-huh. Well, it probably burns a lot of diesel
though.
>> About the same as a Ural truck, which hauls
a smaller load through the muck.
You’re saying 30 cubic meters of timber on it, and
you haul it,
>> or you load 20 cubic meters—15 cubic meters—
onto a Ural and haul it along the exact same
road. Well, “road” figuratively speaking, right.
There, they sink in. And the Ural
lasts exactly that long there.
>> I mean, basically, the reason I’m saying this is
that it’s almost exactly the same situation.
And accordingly, if you buy, say,
10 of those tank-based machines. Uh-huh.
>> then it would be a great setup. And instead of,
well, spending a million on an auditor,
for 7 million they could buy seven
tanks. Or 10 tanks, for example, and that’s it,
problem solved, and forget about it. I think that, basically, in the
near future, they definitely won’t be buying anything
if this is about
bankruptcy. You understand that there could
be some kind of issue too.
will go bankrupt.
>> Well, I think so. I mean, there
it's unclear what's going on. I think so, yes.
>> Well, because I spoke with the... or rather,
there seems to be some kind of workaround there now,
like the legal department might
allow the use of timber that under the
contract wasn't used before the New Year.
If we didn't mess anything up there,
>> then it turned out that hundreds of millions
could have been received.
>> Well, then it would be possible to talk to Sberbank.
>> I see. All right then, we'll figure it out, basically,
we'll think it over. For now, we need to deal with this situation
first. We'll sort it out later.
>> What are you saying?
>> I mean, let's deal with this situation now,
then we'll move on to the others.
>> Yeah, sort it out. In a way that lets us
come out on top. All right, good luck.
>> All the folders have been listened to.
We continue examining the written
materials of the case. Please, may I also
I would like, exercising my right, to give
some brief additional explanations for the court and
the respected representatives of the prosecution. From
the audio recordings we have heard, which were obtained
illegally, incidentally, the following things emerge
quite clearly. Namely, that
I was not at all aware of any
details regarding prices, counterparties, or other
details of the business operations
of VLK. Otherwise, why would I have requested them
in order to prepare my response to the audit
by Vyatka Academy Audit? And, in fact,
that is exactly what I have repeatedly stated in these
proceedings. These facts are fully
confirmed. Second, it confirms
my sharply negative attitude toward the audit
that was conducted at the company Vetka
Academaudit, which, from my point
of view, was falsified, which was also
confirmed by witness
testimony heard here. It also shows
the existence of a sharp conflict between me and
the leadership of the Property Department
regarding this audit
report, the existence of my conflict with
the management of Kirovles, and my desire to
fire them all, throw them out of their offices, and so
on. This was discussed here quite actively,
as was the appointment of some other
people, and so forth.
Also, the conflict situation
at the regional governor's meeting,
about Bastrykina's tirades, and about my sharply
negative attitude toward Bastrykin, and toward
the auditor, which was also repeatedly
discussed here and reported by witnesses; and about
Kirovles's inability to ensure deliveries
even for local clients, which
was also mentioned here.
It also shows my desire to conduct an independent
audit of Kirovles, negotiations with
the company Delет, and my statement that I did not want
to rig the tender for carrying out the
audit, which also shows that, broadly
speaking, I wanted to conduct an independent
audit of Kirovles by one of the
Big Three auditing firms,
which, you must admit, would be strange for
a person who had just stolen, together with
the company, 16 million rubles (about 16 million RUB), according to the
prosecution's version. Uh,
we heard how the defendant Ofitserov
was bargaining quite fiercely over
prices with the deputy director of the company
Kirovles. And against the backdrop of those conversations,
where they were sorting out prices for poles, VAT,
and loading, simply hearing
any claims about coercion in pricing
is frankly laughable after that. It also
confirms that I used
my contacts with Ofitserov to obtain
information about the real state of Kirov
les. And most importantly, these
recordings show that I never
discussed any financial
arrangements between myself and Ofitserov, or his financial
obligations to me, or my
financial obligations to him, and so
on. And all these negotiations, frankly,
do not sound like negotiations between people
who, as stated in the indictment,
created a criminal group to steal
10,000 cubic meters of timber from the company
Kirovles. Thank you very much.
>> So do you confirm that the voice on the audio recording
is yours? Since we
believe that the audio recordings were obtained
illegally, we believe that these
audio recordings are, uh, made up of
various fragments and edits and so
forth, I can only say that
possibly representatives of the operational
services of the FSB (Federal Security Service) and so on simply
took something out of the entire body of conversations,
edited together conversations of certain people
who seemed to them somehow
criminal. But even these cherry-picked
snippets of conversations confirm only
that they simply destroy the entire narrative
of the prosecution. As for confirming, uh,
or not confirming specifically my
my participation in these negotiations, I
still, since my attitude toward
them, toward these negotiations as
illegal, means I cannot confirm
or deny anything on that score.
>> I see. And are the interlocutors Ofitserov
or someone else?
>> Well, I already said that the conversations
were obtained illegally. They are a compilation and
so on, so I still cannot
comment on that.
>> So your position is simply first to say
that these negotiations of mine indicate
that no,
>> Your Honor, I said that those conversations,
which were read out, despite the fact that
we filed a motion to have
this evidence declared inadmissible, even this
inadmissible, in our view,
evidence, generally speaking, it is not even
clear how or why it was included
as part of the prosecution's evidentiary basis,
because it completely contradicts
the narrative of the charges.
We will continue examining the evidence.
Volume 12, pages 27 to 29, is being announced.
Next.
>> Why is the inspection record next? And
then
>> uh
what? Let's display it.
Next, volume 12, case file pages 207 to 209.
Inspection record.
Inspection of items and documents dated 17
October 2012, Moscow.
The inspection was conducted from 15:40 to 17:15.
By the investigator of the investigative group
Chernykh, in the presence of attesting witnesses (neutral civilian witnesses required in Russian legal procedure) Yankovich
Vitaly Vyacheslavovich, born on 19 February
1992; listed
place of residence: Moscow, Volchavskaya Street,
building 4/3, block 4; and Tarasyan Kharen
Gagikovich, born on 16 May 1992,
address of residence listed as Moscow,
Yunatov Street, building 22, apartment 49.
The following were inspected:
obtained as a result of carrying out
an operational-search measure
in the form of wiretapping telephone conversations, and also
attached during the questioning of
the accused Opolev.
The inspection established the following. Inspected:
a white paper envelope,
containing
an explanatory note and a compact disc.
Expert opinion dated 15 October
2012, No. 2464F,
in criminal case No. 2011/73681,
with the results of the operational-search wiretapping measure and two
signatures. The integrity of the packaging
was not violated. Upon opening, there were found
elements of the original packaging.
An optical disc, on the front side
white in color, bearing the inscription "Declassified"
order No. 3/2532 17712
and registration No. 309s dated 8 June
2010,
containing files as well as folder 040210
with the name specified. Also inspected was a new optical disc:
CD-R, serial No. CD R401/1829.
Nine.
On the said disc there is an inscription made in
black ink. The inscription reads: "Declassified"
order also No. 3/2532
dated 17 July 2012, No. 267
Op. When this disc was opened,
14 folders were found.
1.10.2009 2009
2 October 2009
060829
10829
11829 120829
13082009
158200982009
260829
containing files. During the inspection of folder
4040210
and files, and folder 01129,
of a specified size, there were identified
files
which, without any alterations,
were copied onto an optical CD-R disc,
serial No. D3119
R2901384L.
Also examined was an employment contract dated 15
April 2009 between the employer,
an aviation company, and the employee
Buram, appointed to the position of
commercial director of the aviation
company, for a term of 2 months, until
10 June 2009, signed on behalf of
Bura and VLK General Director Ofitserov. After
the inspection of the item and
document, namely the optical disc,
it was packaged in a white paper
envelope, sealed with the seal for evidence packets
of the Seventh Main Investigative
Directorate of the Investigative Committee
of the Russian Federation, provided with
an explanatory inscription, and secured
by the signatures of the investigator and the attesting witnesses. Also
packaged was the optical disc, serial No.
D3119
PA29013854H
copy, packaged in an envelope, also provided with
the seal for evidence packets of the Seventh Main
Investigative Directorate of the Investigative
Committee of the Russian Federation, provided with
an explanatory inscription and secured
by the signatures of the attesting witnesses and the investigator.
The contract was inspected.
It was attached to the record of questioning of the accused
Opolev dated 16 October of that year.
It is contained in the case materials. During and upon
completion of the inspection record, comments
from the participating persons were not received. The record
was signed by them and also by the investigator.
And case file pages 210 to 211: order on the
appointment of a comprehensive phonoscopic
forensic examination dated 24 August
2011, city of Moscow.
By the investigator for particularly important cases of the
investigative department of the directorate for
the investigation of particularly important cases involving
crimes against state authority and in the sphere of
the economy, of the Main Investigative
Directorate of the Investigative Committee
of the Russian Federation, by Akhmetov. Based on
the review of the materials of
criminal case No. 2011/7136811,
it was ordered that a comprehensive
phonoscopic forensic examination be appointed.
the conduct of which is to be assigned to the senior
expert of the department of forensic audio
investigations of the directorate for the organization
of forensic expert activities
of the Main Directorate of Criminalistics
of the Investigative Committee of the Russian
Federation, Maria Ivanovna Khomicheva, as well as
to the senior expert of the department
of forensic audio examinations of the same
directorate, Olesya Nikolaevna Ignatova
to the senior expe expert of the department
of forensic audio examinations of the same
department
Ekaterina Andreevna Grebennikova, and
to the senior expert of the department of phonoscopic
examinations of the same department
Denis Gennadyevich Kolesnichenko. The following were put before
the experts:
Question 1: establish the verbatim content
of the conversations, the digital recordings of which
are contained in files recorded on
the working layers submitted for
expert examination on two optical
CD-R discs. The disc with factory
serial number CDR A80 AG SCR39805
and the disc with factory serial number
CDR80M3307
0724
Question 2. Are the utterances presented
for expert examination, made by the
participants in the conversation, suitable for identifying
the participants in the conversation by the voice of the sounding
speech? Question 3. Do the
voice and speech being examined in the audio recordings submitted for
expert examination
of the conversations belong to Navalny and Ofitserov? sample
reference samples available, which were submitted for
examination. Question 4: are there any
signs of editing or other alterations
made during the recording process or after its
completion, in the audio recordings submitted for expert
examination of the conversations? At the
experts' disposal were provided
a copy of this order, a copy
of the record of inspection and listening to
the audio recording dated August 8, 2012
Two optical CD-R discs,
uh, with factory serial number, the first being
CDR80 AG SCR 39805, as well as a disc with
factory serial number CDR80M
3307 0724, packed in one paper envelope
free voice and speech samples of Navalny
and Ofitserov, submitted on a disc in the format
DVD-R, No. 54a4
The experts were advised of their rights and duties
provided for in Article 57
of the Criminal Procedure Code
of the Russian Federation; they were warned
of criminal liability pursuant to
Article 307 for knowingly false conclusions
the order having been signed by investigator
Akhmetov
>> A recess is declared in today's hearing until
10:45; we will continue after that
everyone stand
>> They have gone through
Thirteenth
of the department as well
>> Thirteenth.
>> Thirteenth.
From volume one.
In due course, a request
to the deputy head of the directorate for
the investigation of crimes against
state authority and in the economic sphere
to Vasilyev
from the head of the directorate
for the organization of expert activities
of the Main Directorate of Criminalistics
Masheev, stating that
the expert opinion dated October 15
2012, No. 24664f, is being forwarded
in criminal case No. 20113 06811
and it is indicated that in the appendices
to the expert opinion, the date under the
stated number is given on thirty sheets
appendix to the said opinion on
twenty sheets; appendix No. 2
on twenty-four sheets; No. 3 on 27
appendix No. 4 on twenty-four
sheets; appendix No. 5 on three
sheets; the expert opinion itself on six
sheets, 157 sheets in total, packed in
one paper envelope; seven experts
also delivered are three optical discs
packed in three paper envelopes,
sealed with the experts' signatures.
Directly
from page 2 through 158
of the case file.
So, the forensic audio examination report.
On page two, the signatures of
Fomichyova, Ignatova, Kolesnichenko, and
Grebennikova, according to which
and
in accordance with Article 199
of the Criminal Procedure Code of the Russian Federation, the rights and
responsibility of an expert provided for
by Article 57
of the Criminal Procedure Code
of the Russian Federation were explained; they were informed of
liability for giving a knowingly false
opinion under Article 307
of the Criminal Code of Russia. They
were warned.
The examination was conducted during the period from August 27
August
2012 to October 15, 2012.
senior expert of the department of forensic audio
examinations of the directorate for the organization
of forensic expert activities
of the Main Directorate of Criminalistics
of the Investigative Committee of the Russian
Federation, having higher
education, senior expert, with work experience in
the field of forensic audio analysis of 20 years
senior expert of the department of forensic audio
examinations of the same directorate
...natova, who has a higher education degree
senior expert work in the field of
forensic phonoscopic analysis for 7 years, senior
expert of the phonoscopic examinations department
of this same directorate
Kolesnichenko, who has a higher education degree
senior expert with work experience in the field of
forensic phonoscopy for 4 years, and senior
expert of the phonoscopic department
of this same directorate
Grebelnikova has a higher education degree
senior expert work in the field of
forensic phonoscopic analysis for 3 years. On the basis of
the order appointing the examination dated 24
August 2012 by investigator
named Akhmetov, based on the materials of criminal
case No. 2011 ro736811
conducted a forensic phonoscopic
examination. Submitted for examination were
the order appointing
this examination, a copy of the record
of inspection and listening to the audio recording dated 8
August 2012, and two optical
CD-R discs with factory serial
numbers. The first: CDR80 IG
SCR 39805
and the second disc with factory serial
number CDR80307
0724, packed in a single paper envelope.
Also submitted were free
voice samples of Navalny and Ofitserov
submitted on a disc in DVD format
No. 54A4
and on 27 September 2012
the following were submitted for examination
additional voice and speech samples
of Ofitserov. The experts were asked
the following questions: to establish the verbatim
content of the conversations, the digital audio
recordings of which are contained in the file
recorded on the working layers
of the two optical discs submitted for expert examination
in CD format with
the above-mentioned numbers; whether
the utterances submitted for expert examination
of the participants in the conversation are suitable for
identifying the participants in the conversation by
voice and sounding speech; whether the voice
and sounding speech in the submitted
audio recordings submitted for expert examination
of the conversations belong to Navalny and Ofitserov; whether the samples
of oral speech that were submitted for
examination contain any signs of editing or
other changes introduced during the process of
recording or after its completion
in the materials submitted for expert
examination, namely the audio recordings of the conversations
From the description of the materials it follows that
the materials were received in sealed packaging
bearing stamped seals; the packaging
was in the form of a paper envelope bearing an imprint
of a round blue seal with the text
Federal Security Service
Directorate for Kirov Region, for
packages No. 1. On the front side there is
handwritten text with the results of operational-search measures
and also a blue seal with the text
Investigative Committee of the Russian Federation
Main Investigative Directorate, for
packages No. 7
On the flap there is handwritten text
criminal case No. 2011/713 06811 112
CD-R compact discs with audio recordings
of telephone conversations obtained
by an FSB officer in Kirov Region
during operational-search measures in relation to
Navalny and Ofitserov, bearing the signatures
of attesting witnesses and three illegible signatures,
made
in blue ink.
Two
optical discs were removed from these packages. For convenience,
they were designated by the experts as disc 1 and disc
2. The first disc bears the inscription
Declassified, order No. 3/2532
17/07/12, registration No. 309
S 0806 10, made in black and blue ink
respectively.
The disc has serial number CDR 80N3307.
No mechanical damage was found.
The second disc.
Also contains handwritten text.
Declassified, order No. 3/2532
dated 17 July 2012, No. 267S.
Contains holographic markings,
has
its own serial number as well: CDR80 IG SCR
39805.
What was used? In resolving the questions posed
questions
a standard workstation was used,
and there were used
standard
hardware and software tools, application software
an expert system for forensic
identification of speakers from phonograms
of oral speech, Phanexi, and special
software for
forensic examination of the binary
structure of files of digital
audio and video recordings, Dumps.
Package No. 3 also contained
a paper envelope submitted
with handwritten text, uh, containing
the handwritten text: voice and speech samples
of Ofitserov on a CD-R disc
Philips, criminal case No. 2011/7168
submitted by investigator Alexei, and one
illegible signature. This disc also
was removed from the indicated packaging. There are
on
the disc, along the center hole, the digits
and letters LH3117
and Gin 1108 55 7228D1.
On the side of the working surface, along
the center hole, there is also
the number R80 CWHT
1056 9025.
When identifying the objects of the examination
by the experts
for
convenience
the speakers' voices were designated as M1,
M and G.
So, 7che 74
go on, go on
go on, go on.
somewhere around 140, apparently
appendix.
Okay, guys, no, I can't see it.
From page fifty-two of the report.
Page fifty-two of the report.
Look at the secon-
fifty-second. Rea- go on
go on. Yes, yes, yes. Carefully.
So, well, based on the results
of the examination conducted, the following were made
the following conclusions.
>> Case file sheet
twenty-seven, reverse side.
The conclusions contain the following.
A verbatim record of the conversations,
recorded on the audio recordings,
stored on the disc with factory
serial number CDR80G
STR3985
and the disc with factory serial number
CDR80М33070724
is presented in Appendix No. 1 to
this report. The utterances of the persons
recorded on the audio recording located
on disc No. 267 in folder 011029 with the aud-
58903
designated in the established transcript of the phonogram
as suitable for conducting
identification examinations by voice
and speech based on a limited group of features due to
background noise.
M1 is suitable for conducting
identification examinations by voice
and speech. The utterances of the persons were recorded on
the phonogram located on disc No. 267
in folder 0209 929, audio file 93BTs
3003, designated in the established text
of the phonogram as MZh, also suitable for
conducting identification examinations by
voice and speech. The utterance was recorded on
the phonogram located on disc No. 267
in folder 02092009 in the audio file
702d804
designated in the established text
of the phonogram as 1m21, suitable for
conducting identification
examinations by voice and speech based on
a limited group of features due to
insufficient duration and lexical
representativeness. M2 is suitable for
conducting identification
examinations by voice and speech. The utterances
of the persons are recorded on the phonogram,
located on disc No. 267 in folder
020929 in audio file 707304
designated in the established text
of the phonogram as M1M2, suitable for
conducting identification
examinations by voice and speech. The utterances
of the persons were recorded on the phonogram
located on disc 267 in folder 0210129
in audio file 82003
designated in the established text
of the phonogram as 1m
suitable for conducting
identification examinations by voice
and speech based on a limited group of features
due to insufficient, insufficient
duration and lexical
representativeness. M1 is unsuitable for
conducting identification
examinations by voice and speech due to
short duration and
lack of representativeness.
The utterance of the person was recorded on
the phonogram located on the specified disc
in folder 0210129 in audio file 8329203
designated in the established text
of the phonogram as and M1M, suitable for
conducting identification
examinations by voice and speech. M1 is also
suitable for conducting the specified
identification examinations. The utterance
RIR was recorded on the phonogram
located on disc 267 in folder 050829
in audio file 6DF302
unsuitable for conducting
identification examinations by voice
and speech due to short duration
and lexical non-representativeness.
The utterances of the persons were recorded on the phonogram
located on disc 267 in folder 050829
in audio file 8C 7F F33, designated in
the established text of the phonogram as M
unsuitable for conducting
identification examinations by voice
and speech due to short duration
and lexical non-representativeness. M1
is suitable for conducting
identification examinations by voice
and speech based on a limited group of features due to
insufficient duration and
lexical representativeness. The utterances
of the persons were recorded on the phonogram
located on disc 267 in folder 050829
in audio file 923
2a003, designated in the established text
of the phonogram as
M is suitable for conducting
identification examinations by voice
and speech. 1 is suitable for conducting
identification examinations by voice
and speech based on a limited group of features due to
insufficient duration
and lexical representativeness. The utterances
of the persons were recorded on the phonogram on disc
267 in folder 060829 in audio file
7528003
designated in the established text
Phonograms such as M1
suitable for conducting
identification examinations based on voice
and speech; 1 is also suitable for the specified
identification examinations. The utterances
of the individuals are recorded on the phonogram
located on disk No. 267 in folder
060829 and in audio file ET64702
as designated in the established text
Phonograms such as I1M are suitable for
conducting identification
examinations
1 is also suitable for conducting
identification examinations based on voice
and speech. The utterances of RI are recorded on
the phonogram on disk 267 in folder 1082009
in audio file CЦ75702
as designated in the established text
Phonograms such as M and M1M are suitable for
conducting identification
examinations based on voice and speech on
a limited set of features due to
insufficient duration and lexical
representativeness. M1 is unsuitable for
conducting identification
examinations based on voice and speech due to
the short duration and lexical
non-representativeness
the individuals' utterances are recorded on the phonogram
located on disk No. 267 in folder
11829
in audio file B978EЕ2
as designated in the established text
Phonograms such as M are suitable for conducting
identification examinations based on voice
and speech; 1 is also suitable for conducting
identification examinations based on voice
and speech. The utterance of DIT is recorded on
the phonogram located on disk 267 in
folder 11829, audio file BA5102
as designated in the established text
Phonograms such as M are suitable for conducting
identification examinations based on voice
and speech; 1 is suitable for conducting
identification examinations based on voice
and speech on a limited set of features due to
insufficient duration and
lexical representativeness.
The individuals' utterances are recorded on the phonogram
located on disk 267 in folder 120829
in audio file 84Cб03
as designated in the established text
A phonogram such as M is suitable for conducting
identification examinations based on voice
and speech; 1 is also suitable for conducting
the specified identification examinations
the utterances of the persons are recorded on
the phonogram located on disk 267 in
folder 130829, audio file 6D188003
as designated in the established text
A phonogram such as M is unsuitable for
conducting identification
examinations based on voice and speech due to
the short duration and lexical
non-representativeness. M1 is suitable for
conducting identification
examinations based on voice and speech. The individuals' utterances
are recorded on the phonogram located
on disk 267 in folder 130829 in audio
file 852д303
as designated in the established text
Phonograms such as M are suitable for conducting
identification examinations based on voice
and speech on a limited set of features due to
insufficient duration
and lexical non-representativeness. M1
is suitable for conducting
identification examinations based on voice
and speech on a limited set of features also as a result of
insufficient duration
and lexical representativeness. The utterances of RI
are recorded on the phonogram located on
disk 267 in folder 15829 in audio file
4б2304
as designated in the established text
Phonograms such as M1 are suitable for
conducting identification
examinations based on voice and speech on
a limited set of features due to
insufficient duration and lexical
representativeness. M2 is suitable for
conducting identification
examinations based on voice and speech on
a limited set of features due to
insufficient duration and lexical
representativeness. The individuals' utterances
are recorded on the phonogram, located
on disk 267 in folder 190829 in audio
file 6A8F602
as designated in the established text
A phonogram as such is suitable for conducting
identification examinations based on voice
and speech. M1 is suitable for conducting
identification examinations based on voice
and speech on a limited set of features due to
insufficient duration
and lexical representativeness. The utterances
of the individuals are recorded on the phonogram
located on disk 267 in folder 190829
in audio file C27БP302, as designated
in the established text. Phonograms such as M
suitable for conducting
identification examinations based on voice
and speech, and are also suitable for
conducting identification
examinations based on voice and speech. The utterances of RID
are recorded on the phonogram located
on disk 267 in folder 20829
in audio file 6803
as designated in the established text
A phonogram such as M is suitable for conducting
identification examinations based on voice
and speech on a limited set of features
due to insufficient duration
and lexical representativeness. M2 is also
suitable for conducting
identification examinations based on voice
and speech on a limited set of features due to
insufficient duration and lexical
representativeness of the speakers’ utterances
recorded on the phonogram are located
on disc 267 in folder 2082009 and in the audio
file 1
6E002, designated in the established
phonogram transcript as M, is suitable for
conducting examinations of voice
and speech based on a limited group of features
insufficient duration and lexical
representativeness
M1 are suitable for conducting examinations
of voice and speech. The speakers’ utterances
recorded on the phonogram located
on disc no. 267 in folder 210829 in
audio file 899D3
designated in the established text
of the phonogram as KKM, is suitable for conducting
identification examinations of voice
and speech. M1 are suitable for conducting
identification examinations of voice
and speech. The speakers’ utterances are recorded on
the phonogram located on disc 267 in
folder 260829 in audio file 535004
designated in the established phonogram transcript
as 1, suitable for conducting
identification examinations of
voice and speech based on a limited group
of features due to insufficient
duration and lexical
representativeness. M2 is suitable for
conducting identification examinations
of voice and speech based on a limited group of
insufficient
lexical representativeness. The utterance
of the person is recorded on the phonogram
located on disc no. 309 in folder
040210 in audio file 7FDF6003
designated in the established text
of the phonogram as M, suitable for conducting
identification examinations of voice
and speech based on a limited group of features due to
insufficient
lexical representativeness
M2 is unsuitable for conducting
identification examinations of voice
and speech due to insufficient quantity
and linguistic non-representativeness
the person’s utterances are recorded on
the phonogram located on disc no.
309 in folder 040210
in audio file 771
5003, designated in the established text
of the phonogram as M, are suitable for conducting
identification examinations of voice
and speech. 1 is suitable for conducting
identification examinations of voice
and speech based on a limited group of features due to
insufficient duration
and lexical representativeness.
Third conclusion. The utterances designated as
M, in the established texts of the phonograms,
located on disc no. 267 in folder
0209
2009, audio file 93BTs3003, in folder
0210129, in audio file 82EAB003, in
folder 021012009, audio file 8329203
in folder 050829
in audio file 9232A003
in folder 060829
in audio file B752803
in folder 060829
in audio file CA64702
in folder 10829, in audio file CC75702
in folder 1182009
in audio file B978EE00002
in folder 11082009, in audio file BA
75102
in folder 120829, in audio file 844
CEB003
in folder 190829, in audio file 6A8F
602, in folder 190829
in audio file C27B2
in folder 20829
in audio file 680EC003, in folder 2082009
in audio file BF16EE002
in folder 21082009
in audio file 899D5003
belong to Navalny. Samples of oral
speech that were submitted for expert
examination. The utterances designated as
M in the established texts of the phonograms,
located on disc no. 309 in folder
040210
in audio file 7FDF603, in folder 040210
in audio file 7715003
belong to Navalny. Samples of oral
speech that were submitted for
expert examination.
The utterances designated as M.
In the established texts of the phonograms
located on disc 267 in folder
0112009
in audio file 5D895003
in folder 13082009
in audio file 852DD303
probably belong to Navalny. To resolve
the question of whether Navalny’s voice and speech are present
on the phonograms located
on disc 267 in folders 050829
in audio file 6DF32
also in folder 050829, in audio file
8C7F3, in folder 130829, in audio file 6D
188
003, is not possible for the reasons
set out in the analytical
part of the report. On the phonograms
located on disc 267 in folder
02092009, in audio file 702804
in folder 020929, in audio file 70734
in folder 15829
in audio file 4B223
204, in folder 260829
in audio file 535004
Navalny’s voice and speech, Navalny’s voice and speech
are absent. The utterances designated
as M1 in the established texts of the phonograms
located on disc 267 in folder
011102009 in audio file 5D895003
in folder 02092009, in audio file 702804
in folder 020929, in audio file 7074
in folder 021029
in audio file 8329203
in folder 06082009, in audio file 752803
in folder 06082009, in audio file 64702
in folder 110829
in audio file 978002
in folder 11829, in audio file A 75120
in folder 120829
in audio file 84CEB 003, in the folder
130829, in audio file 6D 188
003, in folder 130829, in audio file 852D
3003, in folder 190829, in audio file 6A8F
602, in folder 20829, in the audio
file BF16 6E002, in folder 2108.2009
in file 899d
belong to Officerov: samples of spoken speech,
which have been submitted for expert
examination. The utterances are designated as M1
in the established transcript of the phonogram,
located on disc no. 309 in folder
040210
in audio file 771203
belong to Officerov: samples of spo
ken speech, which have also been submitted for
expert examination. The utterances
are designated as 1 in the established transcripts
of the phonograms located on disc 267 in
folder 05082009
in audio file 8C 7F3
in folder 050829, in audio file 9232A003
in folder 150829, in audio file 4B23004
in folder 260829
in audio file 535004
probably belong to Officerov: samples
of spoken speech, which have been submitted for
expert examination. To resolve the question of
the presence of Officerov's voice and speech on
the phonograms located on disc
no. 267, in folder 021012009, in audio
file 82 EAB003, in folder 050829, in
audio file 6DF 3002, in folder 10829, in
audio file Cts 757002
is not possible for the reasons
set out in the analytical section
of the report; to resolve the question of the presence
of Officerov's voice and speech on the phonogram
located on disc no. 309, in folder
040210
in audio file 7FDF6003
is not possible for the reasons
set out in the analytical section
of the report, on the phonograms located
on disc 267, in folder 020929, in audio
file 93BC 303, in folder 190829, in audio
file C27B2
in folder 20829
in audio file 680 ETs003, Officerov's voice and speech
are not present. Fourth conclusion.
No signs of editing and/or alterations
made during the recording process or after
its completion, in the conversations recorded
on the phonograms located on the disc
with factory serial number CDR80 IG,
SCR39805
and the disc with factory serial number CDR
80M33070724
have been detected. The expert report is signed
by all four experts: Fomichyova,
Ignatova and Kolesnichenko, Dominika. Each
sheet. On pages 39 through 100
of the phonoscopic
examination.
Volume thirteen, case file page 195
198
ruling on the appointment of a comprehensive
psychological and linguistic forensic
examination. November 28, 2012, city of
Moscow. Senior investigator for
particularly important cases of the Third Investigative
Department of the Directorate for the Investigation of Particularly
Important Cases concerning crimes against
the state in the economic sphere of the Main
Investigative Directorate of the Investigative Committee
of the Russian Federation
Mini Akhmetov, having reviewed the materials
of criminal case no. 2011/71368
-1, ordered the appointment of a comprehensive
psychological and linguistic forensic
examination, the conduct of which
is to be entrusted to experts of the non-profit
partnership Southern Expert Center, city of
Volgograd, to expert psychologist Kislyakov
Viktor Petrovich and expert linguist
Eonova Svyatona Valentina. The following questions were put before the
expert:
what are the main topics of the conversations
submitted for expert
examination? What is the subject matter
of the conversations submitted for expert
examination? What are the goals of Navalny
and Officerov in the conversations under study? What is
the level of activity in the conversations under study
of each of the participants, taking into account
the content and context of the conversations between
Navalny and Officerov, as well as their
linguistic and paralinguistic
features, what is the nature
of the relationship between Navalny and
Officerov. Taking into account the content,
the linguistic
and paralinguistic features
of the conversations of Navalny and Officerov, as
well as their speech behavior, are there any
signs that the participants in the conversation are in a dependent position
with respect to one another or to third
parties? Do the participants in the conversation
submitted for expert
examination, express inducements to commit
any actions or omissions
addressed to one another? Do the
participants in the conversations have a shared
understanding and mutual comprehension of
the topics under discussion? Do the
participants in the conversations show signs
of surprise or indignation at the other person's words
the participant in the conversation? Do the
participants in the conversations submitted for
expert examination show signs
that the topics being discussed were concealed, based on the
linguistic and paralinguistic
features of the conversations under examination?
Do they contain any signs that
indicate an interest and
an agreement between Navalny and Ofitserov
to obtain benefit from the activities and
management of kogubkirofrez
for the Vyatka Timber Company? At the
experts' disposal were provided
a copy of this ruling, two
CD-R optical discs containing
the originals of the results of the operational-investigative
measure involving the interception of telephone
conversations, packed in one paper
package sealed with the seal used for packages by the
Seventh Main Investigative
Directorate of the Investigative Committee
of the Russian Federation, with the signatures of the persons involved.
A copy of expert opinion No. 24664F
dated October 15, 2010, in
Appendix No. 1 to the opinion, totaling
fifty pages. A copy of a letter from the
administration of the government of Kirov Region
signed on behalf of adviser to the
Governor of Kirov Region, Navalny
under outgoing No. 1 0107L dated May 21
2009, addressed to the president of
Solikamskbumprom, Baranov. A copy of the
order to bring Opolev as an
accused person. A copy of the record of
the interrogation of the accused Opolev dated October 16
2012. A copy of the record of
Navalny's interrogation dated June 8
2011, a copy of the record of
the additional interrogation of Navalny dated February 15
2012, a copy of the
record of Ofitserov's interrogation dated August 8
2010, a copy of the record of the interrogation of
Ofitserov dated June 6
2011, a copy of the record of
the additional interrogation of Ofitserov dated February 16
2012, a copy of the
record of Arzamassov's interrogation on five
pages, a copy of the record of Cherchkov's interrogation
a copy of the record of Bastrygina's interrogation
The experts were advised of their rights and duties
under Article 57 of the
Criminal Procedure Code
of the Russian Federation; they were warned
of criminal liability for
under Article 307 of the Criminal
Code for knowingly giving a false
opinion. The ruling was signed
by investigator Mini Akhmetov.
Section 213.
Investigator for particularly important cases
of the Main Investigative Directorate, Major of
Justice Pishchulin, sends a request to the
lawyer of the Moscow City Bar Association
of Advocates
Dalet Uvedomlyat.
Sorry, that's not it. 212 has already been read out.
213
investigator Mini Akhmetov sends
to the head of the non-commercial partnership
Southern Expert Center, Kislakov
dated November 30, 2012, under
No. 2011/71306811
informing him that for the purpose of conducting a
comprehensive psychological forensic
examination in criminal case No.
2011/7136811
there is being sent an order appointing a
comprehensive psycho-
psychological-linguistic forensic
examination and the materials necessary for
the study,
with the following attached: a copy of the
order, two optical discs
in CD-R format containing the original
results of the operational-search
measure involving the interception of telephone
conversations, and copies of the materials of the
criminal case in accordance with the order on
the appointment of the forensic examination.
Case file pages 214 to 226.
Opinion of the comprehensive
psychological-linguistic examination on
case file page 214.
Cover letter. The General Director
of the Southern Expert Center
Kislakov.
To Mini Akhmetov, dated January 8, 2013,
sends the opinion of the panel of
experts of the comprehensive psycho-
psychological-linguistic forensic
examination No. 002/13 in criminal case
No. 2011/7136811
appointed pursuant to the order of November 28
2012, and encloses two
optical discs
in CD-R format, copies of the criminal case materials
of the case
packed in one paper envelope and
sealed with the imprint of the seal of the said
institution
on case file page
215–216
the acknowledgment signed by experts Kislakov and Ionov
according to which
their rights and duties as experts were explained to them
as provided for by Article 5
7 of the Criminal Procedure
Code of the Russian Federation; they
were warned of liability for
knowingly giving a false opinion under Article
307 of the Criminal Code of the Russian
Federation.
The opinion was prepared in the city of Volgograd
No. 002/13 dated January 8, 2013.
The examination was conducted by an expert
panel consisting of psychologist expert
Kislakov, who has higher education,
who is a certified forensic
expert.
Total professional experience in the specialty: 31
years. Total expert work experience: 30 years.
And also expert linguist Ionova,
who has higher education and an academic
degree,
and is a certified forensic
expert in the relevant expert specialty.
Total professional experience in the specialty: 16
years. Total expert work experience: 10 years.
The examination was conducted during the period from 1
December 2012 to 8 January 2013.
The following questions were submitted
to the panel of experts for resolution. What are
the main topics of the conversations presented
for expert examination? What
is the subject matter of the conversations
submitted for expert
examination? What are the aims of Navalny
and Ofitserov in the conversations under examination?
What is the level of participation in the examined conversations
of each participant, taking into account
the content and context of the conversations between
Navalny and Ofitserov, as well as their
the linguistic and paralinguistic
features; what is the nature
of the relationship between Navalny and
Ofitserov? Taking into account the content,
the linguistic and paralinguistic
features of the conversations of Navalny,
Ofitserov, as well as their speech behavior,
are there signs that the participants were in a dependent position
in relation to one another or
to third parties? Do the participants
in the conversations submitted for
expert examination show any inducement to
commit any actions or refrain from
actions, expressed toward one another?
Do the participants in the conversations have a shared
understanding and mutual comprehension of
the topics under discussion? Do the
participants in the conversation show signs of surprise
or indignation at the words of the other participant
in the conversations? Do the participants
in the conversations submitted for
expert examination show signs
of secrecy regarding the topics discussed, based on
the linguistic and paralinguistic
features of the examined
conversations? Are there any signs in them
that indicate an interest
and agreement between Navalny and Ofitserov in
obtaining benefit from activities in
the management of what appears to be timber for the Vyatka
Timber Company? For the purpose of conducting the
examination, the following materials were submitted:
materials: a copy of the order
appointing the examination, dated 28 November
of the nineteenth year. Two optical
CD-R discs containing the originals
of the results of the operational measure
of telephone interception
packed in one paper envelope and sealed
with the seal impression for the envelope of the investigative
directorate of the Investigative Committee
for the prosecutor's
territory, the Investigative Committee of the Prosecutor's Office
of the Russian Federation, signature; a copy
of expert opinion No. 26464f
dated 15 October 2012 and
Appendix No. 1 to the opinion, totaling
fifty sheets
of the fourth.
>> Thus, in addition to the discs indicated, there were
submitted
a copy of a letter from the administration
of the Government of Kirov Region,
signed on behalf of the governor's adviser
of Kirov Region, Navalny, addressed to
the president of Salyankaprom, Baranov, dated
21 May 2009; a copy
of the order to bring [a person] as
an accused person; a copy of the interrogation record
of the accused Opol, dated 16 October
2011; a copy of the interrogation record
of Navalny, dated 8 June 2011
a copy of the supplementary interrogation of Navalny
dated 15 February 2012; a copy
of the interrogation record of Ofitserov dated 8 August
2011; a copy of the interrogation record
of Ofitserov dated 6 June 2011; a copy
of the record of the supplementary interrogation
of Ofitserov dated 16 February 2012
a copy of the interrogation record of Masov on
five sheets; a copy of the interrogation record
of Shcherchkov and a copy of the interrogation record
of Bastrygina.
A list of literature and methodologies used
in conducting the
examination is provided.
Based on the results of the examination conducted,
conclusions were drawn from sheet 255
reverse side through
>> sheet 260
as follows. The main topics
of the conversation between Navalny and the officer
are as follows: file 5 8950003,
an audit check of suitability
for the position of director. File 82E003
the candidacy of Ofitserov, brulkapleasantly
the state of affairs regarding the removal of Opolev from
office. File 83292003.
An unfavorable state of affairs;
the return of Opliv to the position of
general director. The appointment of Ofitserov to
a managerial position. File 6DF302.
obtaining a crocopy of the interaction
between the participants in the conversation, file 87F3
about prices in the report; poaching
of clients by employees of GGUbkirovles, file
9232A003
provocation into conflict; assessment of what is stated in
the report; refutation of the report, file B7528003
dismissal of Opoleva's daughter from the organization
of the forestry department in Kaluga Region
sale of timber in Kaluga Region
file 64702
poaching of clients and managers of LK and
Kogubkerov Les: cessation of operations
of VLK and Kogobka Rafles. File
Sts2,
meeting with auditors. File B978E002
harsh criticism directed at management
Kirofles and the auditor; transfer of contracts
from Kagubka Kirofles to VLK; shipments at
below-market prices. File: Oplev's departure with
an unnamed man to Chechnya.
Interaction among the participants in the conversation.
File 75102. Departure of Opolev and Votinovo to
Chechnya. Shipment of timber products for VLK.
Interaction among the participants in the conversations.
File 84C
EB 003: penalty for failure to fulfill deliveries.
File 6D 188003: request from the company Vyatka
Akadema Audit for client information. File
852D3
20 discussion of deadlines. File 6A8F602
removal and appointment to a position
formation of a working group; audit
inspection. File
BF16E002
favorable development of events.
Inclusion in the commission of participants in the
scandal. Resolution of important issues. File
899n 503. Signing of the payment schedule,
penalty notices under the disputed matter, again
purchase of tractor units for Kogubka Rofles
bankruptcy of Kogubka Roflets. File 771203
conduct by law enforcement agencies of a
inspection at Kagubka Rofles.
Agreement on a meeting of the participants in the
conversation, a telephone, and a call to a brother.
The main subject of the conversation in
the audio recording in file 5D895003
is a situation connected with
the conduct of an audit at
Kogoles and the approval of the terms of reference for it
the selection of a candidate for the position of
director of this organization; discussion by
Navalny and Sochkov of the candidacy of a man
named Vasya; Shchekov's view that
Vasya is not suitable for the position of
director of Gubkerovs. Officerov's view that
the appointment of Vasya as
director of this organization
corresponds to the goal that Officerov
and Navalny discussed earlier. The main
subject of the conversation in the audio recording, file
82 EAAB 003, is a situation connected
with the troubled state of affairs at Kagubka
Rafle, with Oliv being removed from the position of
general director of Brofles, and the inability of
a man named Vasya to cope with
the problematic situation in this
organization; discussion by Navalny
with Socherkov and Gorgeev of candidates for the
position of head of Rovlesk, and
agreement that Officerov is
the best candidate for this position
The main subject of the conversation in
the audio recording, file
8329223
is a situation connected with the troubled
state of affairs at Kagubkerafre, with
Officerov's forecast that this
organization will cease to exist
in January; Opolev's dismissal from the position of
general director of Fle; discussion of various
candidates
for this position, including
Officerov's candidacy; agreement by
Officerov to become manager of Rofles as
acting general director, but without real
responsibility
Navalny's concern that the appointment of
Officerov at Kagubkirofrez would provoke
opposition from the head of the
forestry enterprises and would lead, apparently, to shifting
the company's problems onto Officero
proposal that Officerov take the position of
executive director under Opolev,
to appoint as general director with
representative functions, and also
replace the financial and commercial
directors. Navalny's forecast that
Kogubki Rafles will have to undergo
bankruptcy proceedings. The main
subject of the conversation in the audio recording, file
6DF 3002, is a situation connected with
Officerov being provided with a copy of an
unnamed document, apparently
based on the criminal case materials, likely
a report on the audit of Pki Rofles
Navalny's intention to meet with
Officerov and combine into a single whole
the information they have. The main
subject of the conversation in the audio recording, file
8C7F3
is a situation connected with
Officerov's review of the report on the
audit at Kagub Kirovle, with
Officerov's outrage at the information
presented in the report,
poaching by employees of Kagub
Kirofles of VLK clients; Navalny's advice
to Officerov not to enter into conflict
with employees of Kagub Kirofles, and also
to forbid VLK employees from communicating with
them. The main subject of the conversation in
the audio recording, file 9232a3
is a situation connected with Navalny's advice
to Officerov not to give in to
provocations by employees. Guraplets
to forbid Officerov's employees from
communicating with them; Officerov's review of
the report on the audit inspection; a request
and Officerov's view that in
this report there is no objective
assessment of the situation, that it was prepared on the
basis of the auditor's conversation with
Bastrygina and Opolev; Navalny's intention
and Officerov's to subject this
report to harsh criticism; Navalny's advice
to Officerov to refute negative
information concerning Officerov and
to present everything necessary for that
documents, and Navalny’s promise to indicate
all other information necessary in
this situation, based on the materials
of the criminal case, probably during the discussion
of the audit report at Kagubka
Raffles. The main subject of the conversation in
audio recording file B75 28003 is
the situation related to the dismissal of Bur
from VLK, Navalny’s and Ofitserov’s study
of forestry management practices and
timber speculation in Kaluga Region.
The main subject of the conversation in
audio recording file 64702 is
the situation related to the conduct of
an audit at Kagubkerafles.
The establishment during this audit of
VLK’s counterparties and supply prices, and the possible
transfer, in this connection, of part of VLK’s clients
to Kogubka Rafle, together with forecasts by
Kogubka Rafle employees of the termination
of VLK’s existence, and the poaching of
VLK managers to work at Kagubka
Rofles together with their client base
and Navalny’s confidence that Kagub
Krofle will soon cease its
existence or be subjected to
reorganization. The main subject
of the conversation in audio recording file Ts75702
is the situation related to
the holding of a meeting with the participation of
auditors in connection with the problematic situation
at Kirovles and Navalny’s satisfaction
with the course of events. The main subject
of the conversation in audio recording file B978E002
is the situation related to
the holding of meetings regarding Gogubka RFS
with harsh criticism from Belysh,
Chereshkov, and Navalny directed at
Rzamasov, Bastrygin, and the auditor
who conducted the inspection at Vgurafre, together with
Rzamasov’s willingness to apologize
to VLK for accusations by Kagub against
VLK
the appropriation of a significant portion of contracts
with clients and the purchase of timber products at
below-market prices, Navalny’s advice
to Ofitserov regarding the refutation of
the accusations against VLK, Oplev’s departure with
an unidentified man, and the intention of
Navalny to meet with Ofitserov on
the day after the conversation and
coordinate with him actions aimed
at suppressing opposition from
representatives of Kagubkerovles. The main
subject of the conversation in audio recording file
7502 is the situation related to
the departure of Opolev and Itinov to Chechnya
the discussion in the government of Kirov
Region of interaction involving, as it were, Ropres VLK
Navalny’s defense of VLK’s position, and the intention
of Navalny and Ofitserov to meet and discuss
the state of affairs. The main subject
of the conversation in audio recording file 84003
is the situation related to Ofitserov’s calculation of
the difference between VLK’s orders and
shipments of timber products from
Kogubkirafles. Ofitserov’s intention
to send a letter to Kagubkerofles regarding
a penalty for failure to fulfill the order and, if
necessary, to resolve in court
the issue of monetary compensation for
the unfulfilled order, and Ofitserov’s receipt
of advice from Navalny to send
that letter. The main subject
of the conversation in audio recording file 6D 188003
is the situation related to attempts by
Kogubki Rofles to win back major
clients transferred to VLK, with a request by
the company Vyatka Akademadit to Ofitserov for
identifying information and invoices for
his clients, Ofitserov’s refusal
to provide such detailed
information, and Navalny’s agreement with
such actions by Ofitserov
resulting in Ofitserov forming the intention
to adopt an unspecified solution
to his problem. The main subject
of the conversation in audio recording file 852D30
is the situation related to
Navalny’s intention to discuss with
an unspecified person or persons
the issue that he and Ofitserov had discussed
earlier. The formation in Ofitserov of the view
that the option for resolving the issue
agreed with Navalny is
the most convenient. The main subject
of the conversation in audio recording file 6A8F602
is the situation related to
Navalny’s discussion with Belysh, Chechok, and
the approval of a scenario for further developments
regarding the purchase of Rafrez, предполагающей
the removal of Opolev from the position of
general director, the appointment to the position of
a man named Pyotr
Petrovich, the creation of a working group for
assessing the effectiveness of the enterprise’s work
consisting of Cherchkov, Belousov,
Navalny, and Ofitserov, and Ofitserov’s development of
a work plan for this group,
the commissioning of an audit of Kagubkirafle
with Navalny urging
Ofitserov to show the draft plan
for the work of the said group, appear at
Kagubka Rafle, take an office for this
working group, report the imminent
arrival of Navalny, and begin work on
resolving the problems of the said enterprise
as well as Navalny urging
Ofitserov to fulfill
an unspecified promise about a little house
made to an unnamed person. The main
subject of the conversation in audio recording file
BF16E002
is the situation related to the refusal
to include Ofitserov in the working group for
assessing the effectiveness of Kak Rofles
Ofitserov’s meeting with a man named
Sergei and the conclusion of an unaccredited
the agreement between them, active
activity by a man, Sochitsam Petrovich, in
Kagubka Rafles. Officerov's opinion that
that a favorable development of the situation
eliminates the need to include
officers in the working group,
the identification by the officers of the most significant
tasks facing Navalny and
Officerov, Navalny's intention
to meet with the officer and discuss with him
the details of the matter. The main subject
of the conversation in audio recording file 899d3
is the situation connected with the departure of
Officerov; the signing by the officers of a schedule
of payments, certificates, and fines; the positive
emotions of Navalny in connection with
the signing of these documents; the implementation of
the joint plans of Navalny and Officerov
Officerov's proposal to buy and
resell Kogubki Rofles tractors based on
tank chassis; Navalny's confidence that
Kogubki Rofles would not buy anything
because of the likely
bankruptcy; the need for
Navalny and Officerov to resolve the situation
with that purchase of Rofles in their favor
the main subject of the conversation in
audio recording file 7715203
is the situation connected with the conduct of
law enforcement officers
an inspection regarding the purchase of Rofles, the conversation
of a law enforcement officer with
Officerov and his clients, the communication by
Officerov to law enforcement officers
of information that
the Avyatsk Forestry Company of Avyatsk
Forestry Company is managed by D.Yu. Officerov
the intention of the officers
of law enforcement agencies to speak with
Navalny; Navalny's intention
Officerov
to arrange a meeting with each other.
The materials of the criminal case are presented on
the commission; coincidences and repetitions
of key words denoting organizations
the main participants in the situation under discussion
and their actions, indicate a common
subject matter of the analyzed
conversations, namely the situation
connected with the troubled state of affairs at
Kagubka Rafles, the prediction by
Navalny and Officerov of the imminent
bankruptcy and cessation of operations
of this organization, the conduct of
an audit at Kagulka Kiroflets,
the removal of Opolev from the position of
general director of this organization,
the discussion of various candidates for
this position, including
the candidacy of a man named Vasya and
Officerov. Officerov's agreement to step back
from managing Gutrofles, with the powers of
general director, but without real
responsibility. Navalny's concerns
that appointing Officerov to Kogubkeroflesk
would provoke opposition from
the head of the forestry enterprises and lead to
the shifting of blame for the company's problems
onto Officerov; the poaching of employees
of Kakrov Les, managers, and clients of the forestry company
Navalny's advice to Officerov
regarding his response to such
provocative actions by Kirofles
the holding by the government of Kirov Region
of meetings with auditors in
connection with the problematic situation at Kirovles
the discussion in the government of Kirov Region
of interaction between Kirofle
and the forestry company
accusations by Kakropress against
VLK of appropriating a significant portion
of contracts with clients for the purchase of
timber products at reduced prices
Navalny's defense of the position of the forestry
company; instructions from Navalny
to Officerov regarding the defense of
VLK's position; the intention of Navalny and
Officerov to subject to harsh criticism
the audit report on Gubkirovs
and its authors; Navalny's meetings with
Officerov and their discussion of options
for solving the problem; Officerov's intention
of Navalny to secure Officerov's inclusion
in the working group for assessing
the effectiveness of Kopkirovs and
the instruction to Officerov to draw up a plan
for the work of this group; the refusal to include
Officerov in the working group
Navalny's opinion that
a favorable development of the situation eliminates
the need to include officers in
the working group; the issuing of
a fine to Officerov by Gubkiraflets for
failure to fulfill an order, which is assessed
by Navalny as the implementation of their joint
plans with Officerov; the discussion by
Officerov with Navalny of the possibility of buying
and reselling Kogubkirafles tractors on
tank chassis; the conduct of
an inspection by law enforcement agencies
regarding Kagubki Rafles. Third conclusion. The purpose
of Navalny in the conversation recorded in
audio recording file 5d 89503 was to inform
Officerov about Navalny's discussion with Socherchkov
of the audit at Kogubka Rafles
and of candidates for the position of director of this
organization, in particular a man named
Vasya. Officerov's purpose in the conversation
recorded in the указанном file was to obtain
from Navalny information about the situation
of interest to Navalny and Officerov
and to express the opinion that the appointment of
a man named Vasya as director of this
organization corresponds to the goal
that Officerov and Navalny discussed
earlier.
Navalny's purpose in the conversation recorded
in audio recording file 82 EA003 was to inform
to Ofitserov about his conversation with Shchechok and
Goryev, during which various
candidates for the position of director
of Kirovles were discussed. Inform Ofitserov that
Gorgiyeva considers Ofitserov the best
candidate for this position. The purpose
of Ofitserov in the conversation recorded in
the audio recording in file 82EA003.
Obtain information from Navalny about
the situation that concerns both of them.
Clarify with Navalny who considers
Ofitserov the best candidate for the position
of head of the KOGUP Kirovles enterprise. The purpose
of Navalny in the conversation recorded in
the audio recording in file 832 920 9203.
Inform Ofitserov about the problematic
situation at KOGUP Kirovles and the various
proposals for resolving it, as well as the agreement of
officials of Kirov Region
to appoint Ofitserov as head of
KOGUP Kirovles; express concern that
Ofitserov’s appointment to KOGUP Kirovles
would provoke resistance from
the heads of the forestry enterprises and lead to
the blame for the enterprise’s problems being shifted
onto Ofitserov; express to Ofitserov his
assumption that Kirovles
is about to be subjected to
bankruptcy proceedings.
The purpose of Ofitserov in the conversation recorded
in the above-mentioned file was to express
the assumption that KOGUP Kirovles
would cease to exist in January,
and to inform Navalny of his agreement
to become the manager of KOGUP Kirovles with
the powers of a general director, but without
real responsibility. Propose to
Navalny a solution to the problem under which
Ofitserov would take the position of
executive director. Oplev
would be appointed general director with
representative functions, and
the finance and commercial
directors would also be replaced. The purpose of Navalny in the conversation
recorded in the audio recording in file 6D
FF32 was to inform Ofitserov of his departure.
Obtain information from Ofitserov about
his having been given a copy of an unspecified
document, apparently, based on the criminal case materials,
most likely the report
of the audit conducted at KOGUP Kirovles.
Prompt Ofitserov, after working with this copy
in the evening on the day of the conversation, to call
Navalny, and on the morning of the following day
to meet with him and combine into
a single whole the information they had.
The purpose of Ofitserov in the conversation is recorded
in the above-mentioned audio file was to
inform Navalny of the information he had requested
regarding the receipt of a copy
of an unspecified document, apparently based on
the criminal case materials, most likely
the audit report of KOGUP
Kirovles, and to receive instructions from Navalny
on how to work with this document. The purpose
of Navalny in the conversation recorded in
the audio recording in file 8C 7F3 was to obtain from
Ofitserov information about his impressions
of the audit report at KOGUP
Kirovles. Urge Ofitserov not to enter into
conflict with employees of KOGUP Kirovles.
Forbid BLK employees from communicating with
them. The purpose of Ofitserov in the conversation
is recorded in the audio file 8C7F303.
Inform Navalny of his impressions
of the audit report at
Kirovles. Inform Navalny that in
this report
timber product prices from different periods are being compared.
Inform Navalny about the poaching of
BLK clients by KOGUP employees and about
his own options for resolving this problem.
The purpose of Navalny in the conversation is recorded
in the audio recording in file 9232a003.
Urge Ofitserov not to give in to
provocations by employees of KOGUP Kirovles.
Forbid Ofitserov’s employees from communicating
with them; express to Ofitserov his opinion that
he and Navalny have
the ability to subject to harsh criticism
the audit report on KOGUP
Kirovles and its authors. Urge
Ofitserov to refute the negative
information in the report concerning
Ofitserov, and to provide all documents necessary
for this. State to Ofitserov
that Navalny will indicate all other
information needed in this situation.
The purpose of Ofitserov in the conversation is recorded
in the above-mentioned audio file.
Express to Navalny his opinion that
the audit report on
KOGUP Kirovles lacks an objective
assessment of the situation. It was prepared on the basis
of the auditor’s conversation with
Bastrygina and Oplev; obtain from
Navalny advice regarding
the refutation of the negative information in
the report concerning Ofitserov. The purpose
of Navalny in the conversation is recorded in
the audio recording in file B7528003.
Obtain information from Ofitserov as to
whether Bura resigned from BLK. Obtain from
Ofitserov information about the management of forestry
and timber speculation in Kaluga Region
(a region in Russia). The purpose recorded in the conversation,
as captured in the audio recording in file
B7528003.
Inform Navalny of the information he requested
about Bura’s dismissal from BLK.
Inform Navalny about the management of
forestry and timber speculation in
Kaluga Region (a region in Russia). The purpose of Navalny in the
conversation is recorded in the audio recording
in file
64702. Inform Ofitserov about Navalny’s conversation
with a man named Seryoga.
Obtain information from Ofitserov about
how the auditors learned about
Ofitserov’s counterparties and valuable
shipments. Inform Ofitserov that
Navalny persuaded Shchechkov, and together they
will approach Belykh with a non-specific
question. Ofitserov’s objective in the conversation
recorded in the above-mentioned file
of the audio recording is to obtain from Navalny
information about his conversation with a man named
Seryoga. Explain to Navalny that
the clients planned to be taken away from
VLK are not of major importance.
Inform Navalny of Ofitserov’s intention
to withdraw from the Russian market.
Inform Navalny about
poaching VLK managers along with the client
base in Kaguske Rafres. Induce
Navalny to meet with Ofitserov on
the day after the conversation. Navalny’s
objective in the conversation is recorded in
the audio recording in file Ts75702.
Inform Ofitserov about the holding of a meeting
with the participation of auditors in connection with
the problematic situation at Kirovles.
Express satisfaction with the course of
events. Ofitserov’s objective in the conversation in
the above-mentioned audio file is to obtain from
Navalny the information he is conveying about
the holding of a meeting involving
auditors in connection with the problematic situation
at Kirovles and obtain from Navalny
information on whether the dinner is canceled.
Objective. Navalny’s objective in the conversation
is recorded in the audio file
B978E002
to inform Ofitserov of harsh criticism from
Navalny, Belykh, and Chechkov directed at
Arzamasov, Vostrygina, and the auditor
who conducted the inspection at Kagutkerovles, and
about Arzamasov’s readiness to offer
an apology to VLK; to inform Ofitserov about
accusations by Kagutkirovles against
VLK of appropriating a significant
share of contracts with clients for the purchase of
timber products at understated prices; give
Ofitserov advice on how to refute
the accusation against VLK; inform Ofitserov
about Opolev’s departure with an unnamed
man to Chechnya (a republic in Russia’s North Caucasus); indicate to Ofitserov
the task of suppressing Kalgurafle’s resistance,
securing the dismissal of Ofitserov’s rivals,
and inducing Ofitserov to come to Navalny
the day after the conversation in order
to discuss coordinating information on
the transfer of contracts from Otgurapres to VLK. The objective
of Ofitserov in the conversation recorded in
the audio recording in file b978002
is to obtain from Navalny the information he conveyed
during the meeting on Kogubke
Rofles; obtain Navalny’s advice
on refuting the accusation against
VLK; obtain from Navalny information
about when Ofitserov needs to come
to Navalny. Navalny’s objective in the conversation
recorded in the audio recording in file
BA75 1002 is to obtain from Ofitserov
confirmation of the existence of information about
the departure of Opolev and Votinov to Chechnya (a republic in Russia’s North Caucasus)
to inform Ofitserov of information about the discussion of
shipments of timber products and
a centralized warehouse for VLK, and of the arguments
Navalny made in defense of VLK’s position; to induce
Ofitserov to come to Navalny without
a contract in order to discuss the situation in the department.
Ofitserov’s objective in the conversation recorded
in the audio recording in file BA75 1002
is to confirm that Ofitserov has
information about the departure of Oplev and Votinov
to Chechnya (a republic in Russia’s North Caucasus); obtain from Navalny the information
he conveyed about the discussion of shipments of timber
products and a centralized warehouse for
VLK
and Navalny’s arguments in defense of
VLK’s position; inform Navalny that
Ofitserov intends to come to him with
the contracts. Navalny’s objective in the conversation
is recorded in the audio recording file 84CE003
to obtain from Ofitserov the information he conveyed
about establishing the difference between
VLK’s order and the shipments of Kogubki
Rafles. Inform Ofitserov that he
has the right to impose on Kogubki Raflet
a penalty of 5% of the difference
express approval of Ofitserov’s intention
to send a letter regarding a penalty for
failure to fulfill the order. Ofitserov’s objective in the
conversation is recorded in the specified file
of the audio recording: to report that Ofitserov
has established the difference between VLK’s order and
the shipments of Kogobki Rafles; inform
Navalny of Ofitserov’s intention
to send a letter imposing a penalty for
failure to fulfill the order, and of his readiness, if
necessary, to resolve through the courts
the issue of monetary compensation for
the unfulfilled order. Navalny’s objective in the
conversation is recorded in the audio recording in
file 6D 188003
to advise Ofitserov to refuse the company
Vyatka Academy Audit access to
identifying data and invoices for
Ofitserov’s clients; assure Ofitserov that
Navalny will review the letter
from the company Vyatka Academy. Ofitserov’s objective
in the conversation is recorded in the audio recording in
file 6D 188003: to inform Navalny about
the receipt of a letter from the company
Academy Audit requesting identifying
data and invoices for
Ofitserov’s clients, and about Ofitserov’s refusal
to provide such information.
Inform Navalny of the intention of
Kogubkirafle to win back major clients,
transferred to VLK. Inform Navalny about
the emergence of Ofitserov’s intention
to adopt an unspecified option for resolving this
problem. Navalny’s objective in the conversation
is recorded in the audio recording in file
852dD303
to express hope that Navalny
will be able to discuss with an unspecified
person or persons the issues that he and
Ofitserov had previously discussed with the officer, regarding which they and the officer
had spoken earlier. Ofitserov's purpose in the
conversation recorded in the audio file
in file 852D30
was to obtain information from Navalny about whether
he would be able to discuss with an
unspecified person the issue that
he and Navalny had discussed
earlier. To express the opinion that
the option for resolving the issue discussed
by the officer with Navalny is the most
convenient.
Navalny's purpose in the conversation recorded in
the audio file 6A8F602
was to inform Ofitserov that Navalny
had discussed with Belykh/Shchekov a scenario for the development
of events concerning the purchase of Rofles, involving
the removal of Opolev from the position of
general director, the appointment to the position of
a man identified by the name and patronymic Petu
Petrovich, and the creation of a working group to
assess the effectiveness of the enterprise's work
consisting of Chechkov, Belousov, and Navalny
and Ofitserov, and for Ofitserov to develop a plan
for this group's work, including commissioning an audit
of Rofrez by a reputable
company; to prompt the officer to show
the Chereshkov plan for the work of the said group
and to find out from him about the signing and description
of the document on the formation of the working group
to appear at Gubkeroflets and occupy the office
of the commercial director for this working
group, to report Navalny's imminent arrival
and begin work on resolving the
problems of the said enterprise; to prompt
Ofitserov to fulfill an unspecified
promise about a house/cottage given to an unnamed
person. Ofitserov's purpose in the conversation
recorded in the above-mentioned file
of the audio recording was to obtain from Navalny
information about the discussion and approval
of scenarios for developments regarding Kogobke Rofles
to receive instructions from Navalny
regarding further actions
by Ofitserov concerning Kogobke Rafles. The purpose
of Navalny in the conversation recorded in
the audio file BF16E002
was to obtain from Ofitserov the information communicated by him
about the development of the situation regarding
Gogubkirofles and Ofitserov's actions
to prompt Ofitserov to meet with
Navalny and discuss the details of the matter with him
Ofitserov's purpose in the conversation
recorded
in the audio file with the above number
was to inform Navalny that Ofitserov had not been included
in the working group for evaluating
the effectiveness of the work of Roflet; about the meeting
between Ofitserov and a man named Sergiy
and the conclusion of an unspecified
agreement between them; about the active
activity of the man with the patronymic
Petrovich in Kagubkerofles; to express
the opinion that a favorable development
of the situation removes the need
to include Ofitserov in the composition of the working
group; to identify for Navalny
the most significant task facing
Navalny and Ofitserov. Navalny's purpose
in the conversation is recorded in the audio file
899503.
to obtain from Ofitserov the information communicated by him
about his departure and his proposal
for Ofitserov to buy and resell, for Kagubki
Rofles, tank-based tractors in a quantity of
approximately 10 units; to express the opinion that
Kubki Rofles would not buy anything
due to probable bankruptcy
to designate for the officer the primary
need to разобраться in the situation
at Kagubke Rafles. Ofitserov's purpose in the
conversation with Ofitserov is expressed in the
audio recording: to inform Navalny that
Ofitserov was unable to come to
Navalny because of his departure
to inform Navalny about the signing by Ofitserov of
the payment schedule and penalty
acts
to propose buying and reselling
for Kogubkirofle tank-based tractors in
a quantity of approximately 10 units; to prompt
Navalny to resolve the situation at Pogub
Kerofle in favor of Ofitserov and Navalny
Navalny's purpose in the conversation is recorded
in the audio file 7715203
to report a call from the Ministry of Internal Affairs of the Volga Federal District and the intention
of a law enforcement officer
to meet with Navalny in connection with an inspection
at Kagubka Krovles; to obtain from Ofitserov
information about his conversation with the law enforcement officer
and to inform
Ofitserov about Navalny's departure for Moscow
to prompt Ofitserov to arrange
a meeting with Navalny in Moscow. The purpose
of Ofitserov
in the above-mentioned audio recording: to obtain from
Navalny information about the call from the Ministry of Internal Affairs
of the Volga Federal District. To inform Navalny that
a law enforcement officer
also called officer Volk and spoke
with him about his clients. To inform
Navalny that Ofitserov indicated
to the law enforcement officer
Ofitserov DYu... BLK and later gave
instructions to officer VDYu to tell about
the current state of affairs. And Navalny
Fourth conclusion. Navalny and Ofitserov
display high communicative
activity when discussing various
elements of the situation related to Tagubki
Rafles and VLK.
In the conversations under study, Navalny is characterized by
high communicative
activity when discussing matters with the officer
actions by the government of Kirov Region
in connection with the situation at KOGUP Kirovles.
holding meetings, appointing
an audit,
sorry, discussing the results of this
audit, and forming a working group to
assess the effectiveness of the enterprise,
Navalny's participation in defending the interests
of Ofitserov before the regional government, as well
as in making proposals
and giving advice and instructions to Ofitserov.
Ofitserov displays a high degree of
communicative activity when
discussing matters with Navalny. The report on the
audit at KOGUP Kirovles.
Accusations by KOGUP Kirovles against
VLK: imposing fines for
Kirovles's failure to fully carry out
VLK's order for the supply of
timber products; outlining the main tasks
facing Navalny and Ofitserov
the relationship between Navalny and Ofitserov
based on audio recordings of conversations between
them, in terms of communication style, is characterized as
informal; in terms of social status,
the relationship is symmetrical; in terms of degree
of closeness, they are close and friendly.
In the conversations analyzed, there are
signs indicating the
communicatively dependent position
of Ofitserov in relation to Navalny: referring to
the partner as a superior, insufficient
awareness of affairs, a modality
of doubt, receiving instructions from
Navalny, and Navalny's rejection of
Ofitserov's proposals. At the same time, this
functional inequality is not
strongly pronounced. The communicants
are engaged in joint activity. They
are interested in it and distribute
their roles in accordance with the level of their
competence. In the speech of the participants
in the conversations submitted for
expert analysis, there is
inducement to commit the following
actions or omissions, expressed toward
each other. Inducement on the part of
Navalny toward Ofitserov.
A proposal to consider implementing
possible courses of action in connection with
the presumed bankruptcy of Kirovles and
the need to dismiss a large
number of its employees. An instruction
to obtain a copy of an unspecified document,
which, based on the criminal case materials,
was probably the audit report
on KOGUP Kirovles, work on it,
call Navalny in the evening on the day of the
conversation, meet with him the
following morning, and consolidate
the information they had. Advice
to note that the audit report
on Kirovles compares
prices from different time periods. Not to repeat
such an error; to write down how
Ofitserov set the price for timber
products.
Advice: do not give in to provocations
by employees of KOGUP Kirovles; do not
come into conflict with them over poaching
a VLK client; prohibit Ofitserov's employees
from communicating with employees of KOGUP
Kirovles.
Advice to refute the information stated
in the audit report on KOGUP
Kirovles and provide all documents necessary
for that purpose. A request to provide
in writing information about the management of
forestry and timber speculation in
Kaluga Region. An instruction to compile
a selection of VLK contracts in connection with
the accusation against that company that
it had taken most of the
contracts and had purchased
timber products at below-market prices.
An instruction to explain where VLK obtained
its timber product prices from, confirming that
they corresponded to market prices,
and to refute the findings of the
audit report at KOGUP Kirovles.
An instruction to come to Navalny the
day after the conversation in order
to discuss and coordinate information on
the transfer of contracts from Kirovles to VLK.
A prohibition on coming to Navalny with
the VLK contract; an instruction to come without
the contract in order to discuss the situation.
A proposal to charge KOGUP Kirovles
a fine in the amount of 5% of the
unfulfilled order amount. An instruction to write
in the report that KOGUP Kirovles had not
fulfilled the delivery of timber products in the amount of
20 million rubles (about 20 million RUB). Advice to send a letter
to KOGUP Kirovles demanding payment of a fine of
1 million rubles (about 1 million RUB) for failure to fulfill
timber product deliveries. An instruction
to refuse the company Vyatka Akademaudit.
Provision of identifying information and
invoices relating to Ofitserov's clients.
An instruction to contact Cherkolov. To show
him the work plan of the group for assessing
the effectiveness of KOGUP Kirovles.
To ask him about the signing of the document on
the formation of the working group. To go to
KOGUP Kirovles and occupy the office
of the commercial director of that
organization under the pretext of the work
of the working group. To inform KOGUP
Kirovles of Navalny's imminent arrival.
To begin work on resolving the problems
of the said enterprise.
An instruction, upon arrival at
KOGUP Kirovles, to drive away a man named
Pyotr Petrovich. An instruction
to fulfill an unspecified promise concerning
a small house for an unnamed person.
An instruction to meet with Navalny to
discuss the details of the issue concerning
KOGUP Kirovles. A proposal to meet in
Moscow with Navalny to arrange such a
meeting. An initiative on the part of
Ofitserov directed toward Navalny.
A proposal to meet the following
day after the conversation.
An indication to resolve three issues
most significant for Ofitserov and
Navalny, including the issue of
not returning Opalev to the position of
general director of KOGUP Kirovles,
a request to resolve the situation at KOGUP Kirovles in
favor of Ofitserov and Navalny. Based on
the linguistic and paralinguistic
features of the conversations analyzed,
signs were identified indicating that Navalny and
Ofitserov share a common understanding and
mutual understanding regarding the topics discussed.
The participants in the conversations do not display
signs of surprise or indignation at the words
of the other participant in the conversation.
In the speech behavior of Ofitserov and
Navalny, there are psychological
signs of concealment in the form of danger zones
and blocking of their own information when
discussing the objective for which
Ofitserov and Navalny needed
a general director of KOGUP Kirovles
who would meet their requirements. The options
for resolving the unnamed problem by the persons
are connected with this solution.
The issue that Navalny and Ofitserov
had discussed earlier on the day of the conversation.
The issues that needed to be resolved by
Ofitserov and Navalny.
Unspecified situations connected
with a promise regarding a small house. A favorable
development of the situation involving a matter known to both
participants. From a linguistic point
of view, such signs are manifested in
the participants' use in the conversations
of linguistic units with indefinite
semantics and syntactic constructions
of an elliptical type, which
are uttered while refraining from
using a number of words relating to
the danger zone. Based on the linguistic
and paralinguistic features
of the conversations under examination, there are
signs indicating
interest and an agreement between
Navalny and Ofitserov in obtaining benefits
from activities in the management of Kirovles
in favor of the Vyatka Timber Company. During
the conversations under examination, Navalny and
Ofitserov indicate that they have
common goals and tasks, plan and
carry out joint actions in
relation to Kirovles, including discussing
Ofitserov's participation in managing this
organization, appointing him to
a managerial position at KOGUP Kirovles,
including him in the working group on
assessing the effectiveness of KOGUP
Kirovles, developing a work plan for this
group, implementing the interests of the Vyatka
Timber Company, imposing a large
financial penalty for failure to fulfill
Kirovles orders for supplies to VLK
products, refuting statements
made by KOGUP Kirovles against VLK
about appropriating a significant portion of contracts
of Kirovles with clients, and purchasing
timber products from KOGUP Kirovles at
reduced prices, the sale by KOGUP Kirovles of
a tank-based tractor for a large
sum of money. The expert report is signed
by both experts on each page; each sheet bears
the appropriate institutional seals.
That concludes volume thirteen of the
expert examination.
The court is aware that today, in the regional court
an appeal is being considered
by Navalny's defense lawyers against the ruling
of the deputy chair of the regional court.
At 1 p.m. in your court. Correct?
I see. In your view, will you still
have time to come to the Leninsky District Court today?
I believe that, considering that in an hour we have
another court hearing in a different
court, we of course will not make it, I think,
to consider anything, but I also wanted
to find out about the appeal—will the hearing last long?
>> A long time.
>> I don't know, probably a long time.
>> I see.
>> Yes, that had not been anticipated.
Do you have documents confirming
that tomorrow you will not be able to participate in
the court hearing?
>> When?
>> Tomorrow.
>> When? But you did not discuss availability with us. We
>> had it set for May.
>> Show me the article of the Criminal Procedure Code in which
>> it is written that I am obliged to coordinate with
>> you your availability. First of all.
>> But you did determine availability with us for
>> May.
>> That's right. Since last week I have been asking you
>> when you are unavailable, and you keep
>> postponing it, postponing it,
>> postponing it. So let us
>> discuss your availability for June. We
>> are ready to discuss it now.
Your Honor, the court spoke about availability for May
a month ago, and the court determined that in May
the last working days for the court are the twenty-ninth
and thirtieth. The court is not bound, including
by this schedule. It may set
a hearing even for May 31, although
that date was not agreed upon, since
you are saying today,
>> If I may object. I simply wanted to draw
>> attention to the fact that we had an established
>> schedule for May, we have tickets, we have
>> hotel bookings, and so on. We are in another
>> city. Tomorrow I also have
employment. For that matter, I am still
still a lawyer until the court delivers its verdict, and I
still have a client, I still have
work, and all of us have work to do.
Therefore,
>> I beg your pardon. But in fact I
ask that this not be scheduled in such an
arbitrary way, from today to
tomorrow, when we have a pile of tickets,
paid hotel reservations, and so on.
>> I am asking once again: how much longer will you need
for today? Can we
agree on this?
>> No one has your...
>> Well, everything is clear. Then the court hearing
is adjourned
until tomorrow,
that is, until May 31 at 1:00 p.m.
>> Are you joking?
>> No.
The court declared a recess in the hearing
until tomorrow at 1300 hours
at the request of the accused
defendants and their counsel.
Having notified the prosecutor's office, the court convened
today
to resolve the question of whether we can conti-
continue hearing the case with the defense side.
defense.
>> What?
>> Can we continue the hearing?
>> Yes, we can, Your Honor.
>> Defendant.
>> Yes.
>> We can.
>> We can.
>> We can.
>> I see. The prosecutor did not object.
>> I see. The court has ruled to continue
the consideration of the case
in today's hearing. So,
the evidence concerning the motion to have
them declared inadmissible, which the
defense moved for, has been examined. In addition,
in the motion
to declare inadmissible
evidence, there was also a request
asking that the FSB of
Russia provide documents,
specifically that the court obtain from the FSB of Russia the files
of operational records concerning
Navalny and Ofitserov.
The court said it would consider this motion
after reviewing this evidence
and hearing the prosecution's position. Please proceed.
Your Honor, we believe there are no
grounds for requesting from the FSB of Russia in
the Kirov Region the information on which
the defense insists. In our view,
the materials of the criminal case that have been read out
are sufficient and fully confirm
the fact that the procedural form in
obtaining and recording the evidence was
fully complied with. Moreover, what
the defense is insisting on, namely
the disclosure of operational-record files in open
court—I remind the court, these are FSB of Russia materials—
is, in our view, not entirely appropriate,
because they contain, among other things,
not only personal data but also
information constituting state
secrets. Therefore, in this part I ask
that the motion be denied. As for the
exclusion of evidence, as I
said earlier, we object to it.
And the assessment carried out on the basis of the
examination of the evidence once again
confirms that all
the evidence was collected
lawfully from a procedural standpoint,
is well-founded, and is relevant
and admissible in this criminal case.
>> Are you prepared now
to rebut the motion that has been filed
to declare the evidence inadmissible,
or are additional documents needed?
As regards the attesting witnesses, that is, the contested item was
the inspection report of October 17, 2012,
as was substantiated at the previous
court hearing and noted by the
defense side; the burden of rebutting, therefore, its
recognition as inadmissible evidence in
this part lies with the prosecution.
Therefore, the arguments
made by counsel to the effect that the attesting witnesses
who were present during the inspection
of items and documents—that such witnesses
do not in fact exist—those arguments
will be rebutted, but for that
time is needed, and information for
rebutting counsel's arguments will be
submitted to us after review of all
the written materials of the case.
So, you are asking to be given time
to gather these materials? We ask for time
to be granted until the completion of the examination
of the written case materials.
The court reads out the documents submitted with the motion.
These are printouts from the website
of the Moscow City Court, from which
it follows that
the information indicated in the inspection report
regarding the place of residence of the attesting witnesses, namely
Volochaevskaya Street, building 4/3,
no such information appears on the portal of the unified
information system of the justices of the peace
of the city of Moscow. And the second
printout is Yunatov Street, building 22.
No such information is available on the portal there either.
So, the court has heard the opinion
of the prosecution regarding the filed
motion to obtain information and
documents from the regional FSB office and makes the following
decision.
First,
the defense does not indicate
in its motion how the specified
documents could affect the resolution
the motion that has been filed. That is the first point. And
second,
the court notes that, in accordance with the
requirements of the criminal procedure
code, the burden of rebutting the defense’s arguments
lies with the
prosecution, that is, with the prosecutor. And
since the prosecutors do not wish
to rebut them specifically with information
obtained from the FSB regional directorate (Federal Security Service), the court considers it
necessary to deny the motion
by the defense seeking production of these
documents.
The motion has been ruled on. We continue.
So, the court also decides
to give the prosecution
the opportunity
after all, to rebut—or rather,
to provide an opportunity to rebut
the defense’s arguments in support of the motion to
exclude evidence, granting
time for this until the completion of
the examination of all written materials
in the case. We continue.
Next, you have volume fourteen.
>> the defense, a motion
may
>> also seeking to have declared inadmissible
as evidence the documents already examined
documents
To the Leninsky District Court of the city of Kirov
to Federal Judge Blinov, from attorneys
Mikhailova and Kobzev, counsel for Navalny
and Ofitserov. Motion to declare
evidence inadmissible.
The prosecution submitted as
evidence the following
documents. One moment, please.
Order appointing a comprehensive
psychological and linguistic expert examination dated
November 28, 2012, volume 13, case file pages
195–198.
Report of the comprehensive
forensic psychological and linguistic
expert examination No. 002/13 dated January 8, 2013,
volume 13, case file pages 214–260.
The defense maintains that the above-mentioned
order and the experts’ report
are inadmissible evidence
under Part 1, paragraph
3 of Part 1
of Article 75 of the Russian Code of Criminal Procedure. They are not subject
to examination at the court hearing. They must
be excluded from the list of evidence
submitted by the prosecution.
According to Part 1 of Article 201 of the Russian Code of Criminal Procedure,
a comprehensive examination is one in
which experts of different specialties take part in conducting it.
experts of different specialties.
As is clear from the order appointing the
comprehensive psychological and linguistic
expert examination dated November 28, 2012, volume
13, case file pages 195–198,
and from the report of the comprehensive
forensic psychological and linguistic
expert examination No. 002/13 dated January 8, 2013,
volume 13, case file pages 214–260,
in conducting the expert examination
whose admissibility is being challenged
by the defense, two experts took part,
of different specialties: a psychologist and a linguist.
According to Part 2 of Article 201 of the Russian Code of Criminal Procedure,
the law imposes the following requirements on
the report of a comprehensive forensic
examination, which also apply
to the report of a comprehensive
forensic psychological and linguistic
examination. These requirements are as follows. The report must
state which
studies were carried out, and to what extent, by
each expert, what facts each expert established
in his or her part of the examination, and what
conclusions he or she reached. Each expert
who participated in the comprehensive
forensic examination signs the
part of the report that contains
the description of the studies conducted by that expert and
bears responsibility for it. As is clear
from the report of the comprehensive
forensic psychological and linguistic
expert examination No. 002/13 dated January 8, 2013,
the above requirements
of criminal procedure law, namely
the requirements set out in Part
2 of Article 201 of the Russian Code of Criminal Procedure, were not complied with in preparing the
report. In
particular, in violation of Part 2 of Article
201 of the Russian Code of Criminal Procedure, the report does not specify
which studies, and to what extent, were
conducted by the linguistics expert, and which
by the psychology expert.
From the expert panel’s report
it follows that the comprehensive
forensic psychological and linguistic
expert examination No. 002/13 dated January 8, 2013,
was conducted by an expert panel
of the non-profit Southern Expert Center, consisting of
psychologist expert Viktor
Petrovich Kislyakov and linguist expert Ionova
Svetlana Valentinovna, volume 13, case file
on page 217 of volume 13 the following is stated
verbatim: “The panel conducted
an examination of the materials presented
from the criminal case. Listening to audio recordings.
Specialized literature on
the psychology of communication, legal
psychology, and linguistics was studied. An
auditory psychological and
linguistic analysis of the audio recordings was carried out.”
In violation of Part 2 of Article 201 of the Russian Code of Criminal Procedure,
the report contains no information as to
which specific studies, and to what
extent, were conducted by psychologist Kislyakov,
and which specifically by linguist Ionova.
The defense’s argument. One moment, please.
The defense’s argument that the report does not
distinguish the analytical section
between the experts, the psychologist and
by the linguist, in violation of the requirements of Part
2 of Article 201.1 of the Criminal Procedure Code of the Russian Federation, confirms
the description of the research methodology,
which is set out on page 217 of the case file in
Volume 13. I quote: "Submitted to the expert commission for determination
was a general list
of questions falling within the competence
of the psychologist and
linguist experts." At the same time, the report does not
state that the submitted list
of questions relates both to the competence
of the psychologist and to the competence of the linguist to
an equal extent. But even if
the submitted list of questions did relate
equally to the competence of both
experts, the requirements of Article 201.1 of the Criminal Procedure Code of the Russian Federation
are such that even in that case each
expert must separately indicate the list
and scope of the examinations that were
carried out by him or her personally within this
report. Further, in the description
of the research methodology it is stated,
I quote verbatim: Each member of the expert
commission conducted a full examination of
each question submitted for
the comprehensive expert examination. Volume 13, case file
217. And the defense once again draws the court's attention
to the fact that, in violation of Part 2 of
Article 201.1, each member of the expert
commission did not specify exactly which
examinations, and in what scope, were carried out by him or her
personally. It appears that
the linguist expert did not study, and should not have studied,
specialized literature on
communication psychology, legal
psychology, and did not apply psychological
analysis of the audio recordings in conducting
the examinations, just as the psychologist expert
did not study specialized literature on
linguistics and did not apply
linguistic analysis in the examination,
since the application by
linguist experts of specialized knowledge
from the field of psychology, and by
psychologist experts from the field of
linguistics, is impossible because such matters
lie outside their competence. Also, in
substantiating the fact that
the psychologist and linguist experts did not specify
for each of them separately, in violation of Part
2 of Article 201.1 of the Criminal Procedure Code of the Russian Federation, which
examinations, and in what scope, were carried out by
each expert, which facts, in his or her
part of the examination, were established by the expert, and
what conclusion was reached. The expert commission
stated on page 217 of Volume 13
that in accordance with paragraph 12 of
the Resolution of the Plenum of the Supreme Court
of the Russian Federation dated December 12
2010 No. 28 on forensic examinations
in criminal cases, the commission
conducting the comprehensive examination formulated
general conclusions on the questions presented.
At the same time, the defense notes that
the Resolution of the Plenum of the Supreme Court dated
December 21, 2010 No. 28 on forensic examinations
in criminal cases, in
particular paragraph 12, does not отменяет
the requirements of Article 201.1 of the Criminal Procedure Code of the Russian Federation and does not
contradict them. Thus, in the Resolution
of the Plenum of the Supreme Court of the Russian
Federation No. 28 of December 21, 2010,
paragraph 12 states that in
necessary cases, when the examinations
go beyond the competence of a single
expert or a commission of experts, in
accordance with Article 201 of the Criminal Procedure Code of the Russian Federation there may
be ordered a comprehensive
expert examination,
to be carried out by several experts on
the basis of using different specialized
fields of knowledge. In that case, the experts prepare
a joint report, but the experts' report must
indicate which
examinations were carried out by each expert,
which facts he or she personally established, and what
conclusion was reached. Each expert has the right
to sign the joint report or that part of it
which reflects the course and results
of the examinations personally carried out by him or her.
As follows from the legal position of the Supreme
Court of the Russian Federation, as set out in
the said Resolution, in any event
the report of the expert commission in
preparing a comprehensive examination
must contain information on which
examinations were carried out by each of the experts
and which facts he or she personally established, even
if the expert signs the joint
report.
Moreover, as follows from the legal
position of the Supreme Court of the Russian
Federation set out in the said
Resolution, only in the case
may the report of a comprehensive forensic
examination fail to distinguish
which specific examinations
were carried out by each of the experts.
This is when the comprehensive examination is conducted by
a single expert possessing sufficient
knowledge necessary to conduct
a comprehensive examination. As for
the defense's arguments that in the report
of the comprehensive psychological and linguistic
forensic examination it is not stated which
facts, in his or her part of the examination, were establ
ished by each expert and what conclusion was reached by
each expert, as well as that
each expert who participated in
conducting the comprehensive forensic
examination did not sign his or her part of the
examination, those arguments
are confirmed by the part of the expert
report entitled Examination
of the materials of the criminal case, Volume 13, case file
21821,
examination of the audio recording, Volume 13, case file
221–229 verso. Examination of
to the questions submitted for determination
by the panel of experts. Volume 13, page 229
verso, page 255 verso.
Moreover, pursuant to the federal law
dated May 21, 2001, No. 73-FZ, on
state forensic expert
activity in the Russian Federation, and
specifically the requirements set out in Article
21 of the said federal
law, within a panel of experts,
which has been entrusted with conducting
the forensic examination, each expert
independently and autonomously conducts
research, evaluates the results,
obtained personally by him, as well as by other
experts, and formulates conclusions on
the questions posed within the scope of his
specialized knowledge. According to Article
23 of the said federal
law, when conducting a panel
forensic examination, experts of different
specialties, as well as in a comprehensive
examination, each of them conducts
research within the scope of his
specialized knowledge. In the expert opinion
of the experts participating in the conduct of
a comprehensive examination, as well as
a panel examination, it is indicated which
studies, and to what extent, were carried out by
each expert, what facts he established
and what conclusions he reached. Each expert
participating in a comprehensive
examination signs the part
of the opinion that contains a description
of the studies conducted by him and bears
responsibility for it.
In light of the foregoing arguments, the defense
comes to the conclusion that the opinion
of the comprehensive psychological and linguistic
forensic examination No. 002/13
dated January 8, 2013, Volume 13, pages
214–260
was prepared in violation of the requirements of Part
2 of Article 201 of the Criminal Procedure Code of the Russian Federation, Article twen-
ty and Article 20 of Federal Law No. 73-
FZ, and the requirements of the Supreme Court
of the Russian Federation, as set out
in Resolution No. 28 of December 21, 2010.
Accordingly, it must be
recognized as inadmissible evidence under
Part 1, paragraph 3 of Part
2 of Article 75 of the Criminal Procedure Code of the Russian Federation and excluded from
the list of evidence submitted
by the prosecution. The defense also wishes
to present other arguments in support of its
motion to have declared inadmissible,
and subject to exclusion from the list of
evidence. The order appointing
the comprehensive
psychological and linguistic forensic
examination dated November 28, 2013, and
the opinion of the comprehensive
psychological and linguistic forensic
examination No. 002/13 dated January 8, 2013
.
In the order appointing the comprehensive
psychological and linguistic forensic
examination dated November 28, 2011,
it is stated that the investigator had at his disposal
two optical discs
containing audio recordings of telephone
conversations involving Navalny and
Ofitserov. As part of the examination, within
the framework of the criminal investigation,
a comprehensive phonoscopic examination was
conducted,
as a result of which the content
of the conversations between Navalny and
Ofitserov was established.
As further stated in the order,
given that it became necessary
to examine the said audio recordings, in the
criminal case it was necessary to conduct
a comprehensive forensic
psychological and linguistic examination. Volume
13, pages 195–196.
Thus, from the order
appointing the examination, it is clear that both
the subject matter and the object of the examination
are two optical discs
containing audio recordings of telephone
conversations between Navalny and Ofitserov.
At the same time, as follows from
the order appointing the comprehensive
forensic psychological and linguistic
examination and the expert opinion, together
with the investigator's order appointing
the comprehensive psychological and linguistic
forensic examination, the experts were provided, among other things, with
among other things,
copies of a letter from the administration
of the Government of Kirov Region
addressed to OAO Solikamskbumprom.
A copy of the order to bring Opalev
as an accused person. A copy
of the record of the interrogation of the accused Opalev.
A copy of the records of the interrogations of the accused
Navalny and Ofitserov. A copy
of the record of the interrogation of witness Arzamastsev.
A copy of the record of the interrogation of witness
Shcherchkov. A copy of the record of the interrogation of
witness Bastrygina. Volume 13. Pages
195, 198–206,
verso to 217.
The above materials, submitted
together with the order appointing
the examination, were reflected in the section
of the opinion entitled "Examination of
the materials of the criminal case." It is necessary
once again to draw the court's attention to the fact
that the comprehensive forensic
psychological and linguistic examination,
as stated in the order for its
appointment dated November 28, 2012, was
appointed for the examination of audio recordings
containing recordings of telephone conversations
between Navalny and Ofitserov. Without repeating
the arguments concerning the inadmissibility of conducting
the examination of these audio recordings,
which the defense previously set out, we
note that providing to
the experts materials
from the criminal case that do not relate to
the subject matter or object of the expert
examination, is unlawfully impermissible. As
is apparent from the analytical section of the
expert report, the experts
examined a copy of a letter from
the administration of the government of Kirov
Region addressed to Solikamsk Bumprom. A copy
of the decision to charge
Opolev as an accused person, a copy of the record
of the interrogation of the accused Opolev, copies
of the interrogation records of the accused
Navalny and Ofitserov, a copy of the record
of Arzamastsev’s interrogation, a copy of the record
of Cherchkov’s interrogation, a copy of the interrogation, a copy
of Bastrygina’s interrogation.
Supporting the defense’s argument that
an expert may not review
materials from the criminal case that do not
relate to the subject of the examination,
are the requirements of paragraph 1
of part 3 of Article 57 of the Russian Code of Criminal Procedure, which state that
an expert is entitled to review only
those materials of the criminal case that relate
to the subject matter of the forensic examination. The
fact that the experts reviewed
materials from the criminal
case that were unrelated to the subject
of the expert examination, namely
a copy of a letter from the administration
of the government of Kirov Region,
addressed to OOO Skans Bumprom, a copy
of the decision to charge
Opolev as an accused person, a copy of the record
of the interrogation of the accused Opolev, copies
of the interrogation records of the accused Navalny
and Ofitserov, a copy of the record of the interrogation
of Arzamastsev, copies of the records
of the interrogations of Cherchukov and Bastrygina affected
the objectivity of their conclusions set out in
the report.
In addition, the defense believes that the conclusions
set out in the expert report
contradict its analytical section and
amount to a rewriting of the investigator’s question
in affirmative form.
Moreover, the defense insists that
the expert’s conclusions were based not on
the examination of the audio recording, but rather on
the voice and the conclusions of
the phonoscopic examination, namely
the text of the conversations, and on data
contained in interrogation records,
including those of the accused Opolev and witness Bastrygina.
And in support of its position, the defense
draws the court’s attention to the analysis
conducted by the panel of experts, in particular with respect to
question no. 10, from which it does not
appear which of the experts
conducted which part of this examination.
And the conclusion on question no. 10 of the experts’ report,
and who exactly formulated
the experts’ conclusion on question no. 10,
is worded as follows: Based
on the linguistic and paralinguistic
features of the conversations under review,
there are indications pointing to
the interest and agreement of
Navalny and Ofitserov in obtaining benefit from
the activities of KOGUP Kirovles (a regional state timber enterprise) in favor of
OOO VLK. In the course of the conversations under review,
Navalny and Ofitserov indicate
that they have common goals and objectives,
and plan to undertake joint actions
with respect to KOGUP Kirovles, including
discussing the refutation of accusations
made by KOGUP Kirovles against UVLK,
the appropriation of a significant portion of contracts
from KOGUP Kirovles and the purchase of timber products
from KOGUP Kirovles at below-market prices.
Turning to the analytical section
of the report of the comprehensive forensic
psychological and linguistic examination, in
particular as to question no. 10, volume 13,
pages 251 verso to 255 verso, the defense
insists that in the analytical
section the experts do not cite any fragment
of a conversation between Navalny and Opolev
that would confirm, in particular, the experts’
conclusion on question no. 10.
According to paragraph 10 of part 1 of Article
204 of the Russian Code of Criminal Procedure, as well as Article 25
of Federal Law No. 73-FZ of May 31, 2001
On State Forensic Expert Activity
in the Russian
Federation, an expert report or
a panel report must reflect
an evaluation of the examination results,
the reasoning, and the formulation of conclusions on
the questions posed. In violation of
these requirements, in the experts’ report
on question no. 10 and
in the analytical section on question no. 10,
the reasoning for the conclusion on
the question posed is not set out, whereas the expert
should have provided the factual data
as a result of examining which he
arrived at the conclusion
set out in answering question no.
10. Consequently, the expert’s stated assertion
is unsupported and is not confirmed by
the analytical section. Consequently,
the expert’s conclusion is speculative
in nature. And therefore the expert report itself
constitutes
inadmissible evidence within the meaning of
Article 204 of the Russian Code of Criminal Procedure, as well as Article 25 of Federal Law
No. 73-FZ of May 31, 2001.
On the basis of the foregoing, in accordance
with Articles 53, 248, 75, and 89 of the Russian Code of Criminal Procedure, we ask the court to
declare inadmissible and subject
to exclusion from the list of evidence
the order appointing the comprehensive
psychological and linguistic examination dated the 28th
November 2012, Volume 13, page 9518
conclusion of a comprehensive
forensic psychological and linguistic
expert examination No. 002/13
dated January 8, 2013, Volume 13, case file 214260
signed by attorneys Mikhailova and Kobzev
and Davydova.
Dated May 13, 2013. The defense
the thirtieth.
>> Excuse me, the defense asks to have, uh,
the written motion added to
the case materials, a copy
of the motion for the prosecution.
>> No. In accordance with Article 235, Part
One, you are required to provide the motion with a
copy.
The court usually corrects your
oversight for you.
Defendant Ofitserov, do you support
the motion submitted?
>> Yes, Your Honor, in full.
>> I see. Defendant Navalny,
do you support what has been submitted?
>> Your Honor, I support this
motion in full, and I would also like
to say the following regarding this motion, this
expert examination, to the court. So,
I was looking at your sad expression when
this linguistic
expert report was being read out, and I understood that I completely
shared, apparently, your thoughts at that
moment. This so-called linguistic
expert examination was commissioned
by an investigator who was directly
involved in fabricating this case and who
had been seconded to the investigative
team from the city of Volgograd, where he was
deputy head of the investigative directorate.
And there, from his own cronies
in the Volgograd Region, he ordered this same
expert examination. The entire purpose of this examination
is one thing only: not simply for us to
listen for the tenth time, first in the
prosecution's presentation, and then
simply on the audio recording, to these conversations
and understand what they are about. Rather,
it is so that the meaning there can simply be distorted,
so that someone can tell us what, exactly,
is supposedly contained in these ordinary
human conversations. And it's simply
ridiculous when, in one of these conversations, Ofitserov
says to me: "Hi, boss-man."
Obviously parodying the very popular at the time
show "Nasha Russia" (a Russian TV sketch comedy show), and yet
the expert conclusion is that
he is calling Navalny the boss, and thus
some kind of relationship is thereby
established. This is just absurd. The purpose
of all this—and it has already been achieved today—
is, essentially, to show all this
on a live broadcast so that
Channel One (Russia's main state TV channel), as it did today,
could say: well, you know, the expert examination
has shown it, and Navalny has already been fully
exposed. Even though all this wiretapping, so-called,
completely, as I have already
said, refutes the prosecution's narrative.
There is absolutely nothing there. Therefore I
support the motion, and perhaps the court
might do well to issue a special ruling
with respect to the disgraceful conduct of
the journalists of Channel One, who
are broadcasting false reports. Thank you.
>> Defense counsel Mikhailova, please.
>> We support it
support it.
Prosecution, do you wish to review
the motion, and are you also able
to state at this time
>> your position on the motion? Your Honor,
of course, we wish to review it. In addition,
at present we object.
In order to decide this
motion on the merits, we need
time. That is the second point. And third, in essence,
this motion clarifies the earlier
motion submitted by the defense and
the defendant on the twenty-ninth, regarding which
the court has already decided to
postpone consideration until the end of
the examination of the prosecution's written evidence.
For the prosecution.
>> So, the court has heard the parties. First,
as to issuing a special, special
ruling, the court cannot at present
resolve this motion
because the court has no information
about what information is being disseminated by
Channel One. As for the motion.
This motion will be decided, uh, when
the previous motion is considered.
A motion has been made to exclude the same
items of evidence that are also listed in
the first motion. I believe that
there is no need to separate these motions,
and therefore
it will be decided at the same time.
>> Please. Continue.
Your Honor, we propose
that we adhere, then, to the order
for examining the evidence that was
proposed to us, that is, to continue
examining Volume Fourteen and
its appendix, namely
Volumes Fifteen and Sixteen. Inventory
Volume Fourteen
case 2627.
Instruction to carry out
operational-search measures dated August 1
of the year [inaudible], under number
201171306812
addressed to the deputy head of the service,
the head of the KMS Directorate of the Russian Security Service
Lieutenant General Voronin, from investigator
Akhmetov, in which he indicated that
the Main Investigative Directorate
of the Investigative Committee
of the Russian Federation has under investigation a criminal
case No. 2011/7136811
was initiated on May 10, 2011
against a lawyer with the Moscow Bar Association
Navalny, former
general director of the Kirov Forest Company
Ofitserov, as well as the former general director
of Kirovles, Opolev, and other unidentified
persons, on suspicion of a crime,
as provided for by Part 3 and Part
5 of Article 33, and Part
4 of Article 160, and paragraph b of Part
3 of Article 165 of the Criminal Code
of the Russian Federation. During the course of
the investigation, Navalny was
charged with committing an offense
provided for by Part
3 of Article 33 and Part
4 of Article 160 of the Criminal Code
a preventive measure was imposed in the form of a written undertaking
not to leave and to maintain proper conduct. At present
it has become necessary to carry out a set of
operational measures aimed
at establishing all the circumstances
of the offense imputed to Navalny, Ofitserov, and
Opolev, in connection with which he
requests that subordinate
operational officers be instructed
to do the following: provide
information on whether Navalny and Ofitserov have
movable and immovable property in
the city of Moscow and the Moscow
Region; carry out measures
aimed at establishing the
location of audio and video recordings
of speeches by Navalny and Ofitserov for the
purpose of subsequently seizing the said
material; ensure monitoring of
the crossing of the border of the Russian Federation
by Navalny, with immediate notification.
In the event that a fact is established
of an attempted border crossing, and
attached is a copy of the ruling dated July 31
2012 on the selection of a preventive measure
for Navalny, as well as the written undertaking not to leave and
to maintain proper conduct for Navalny, from that
same date, July 31, 2012, on one
sheet. Case file pages
59–63.
On the indicated pages,
there is a ruling on the submission of
the results of operational-search
activities to the inquirer, body of inquiry,
investigator, prosecutor, or court, dated August 16
2011, Moscow. Deputy
head of the service, Lieutenant General
Voronin.
ordered that the Main
Investigative Directorate of the Investigative
Committee of the Russian Federation be provided, for
use in the investigation of the criminal
case, with the results of operational-search activities, namely a report
No. 8/k/6
251 dated August 15, 2011, on
one sheet. Case file page 60 contains
the report, signed by operative officer
Seryogin of the Sixth Department on August 15
2011, registration No.
8/k/6
2501
a report regarding the information obtained
states that, within the framework of operational
support of criminal case No.
2011/7136811
being investigated by the Investigative Committee of Russia, in relation
to the former general director
of the forestry company, Ofitserov, and the former
advisor to the governor of Kirov Region
Navalny, on suspicion of a crime
provided for by Part 4 of Article
160, an operational-search
measure was carried out as provided for by Article
6 of Federal Law No. 144-FZ
On Operational-Search Activity, and as a
result of carrying out the
operational-search measure, copies were obtained of
audio and video recordings of speeches
by Navalny and Ofitserov, as well as information on
the location of the said materials, and
the following internet resource is listed: snob.ru,
Echo of Moscow radio, Radio Liberty, and
the Dozhd TV channel. In view of the above,
it is considered advisable to forward
the obtained materials to the Investigative Committee of Russia for
possible use in
the investigation of criminal case No.
2011/71306811
Attachment: DVD
RW disc without number, unclassified.
On case file page 61.
The head of the Directorate of the Federal Security
Service of the Russian Federation,
acting official Yegorov,
notifies Akhmetov and sends to
his address materials obtained as a
result of operational-search
activity carried out in the course of
executing his instruction of August 1
2012. Specifically, he sends
the ruling on the submission of the results
of operational-search activity under No. 8/k/6
dated September 20, 2012, and a report
on the results of execution of the investigative
instruction dated September 19, 2012
. Case file page 62 states
that the ruling on the submission of
the results of operational-search activity dated September 20
2012, Moscow, was issued
also by Yegorov under No. 8 d6
2890
in which it is stated that to the Main
Investigative Directorate
in accordance with this ruling
there is submitted a report dated September 19
2012. Case file page 63 contains
a report regarding the information obtained
which states that, within the framework of operational
support of criminal case No.
5126811
...of the Russian investigation concerning
the former general director of the Vyatka Forest Company
Pyotr Ofitserov and the former adviser
to the governor of Kirov Region, Navalny
on indications of an offense under Part
4 of Article 160 of the Criminal Code
of the Russian Federation, in accordance with
Federal Law No. 144-FZ on operational
investigative activities,
a copy of an audio recording was obtained
of Ofitserov’s speech. In view of the above,
it is considered advisable
to forward the obtained material to the Main Investigative Directorate
of Russia for possible use in
the investigation of criminal case No.
2011/713 13068 11. Attachment: one CD-R disc
without a number, unclassified, signed by Senior
Operative Officer Kuzin of the Sixth Department.
The registration number is also indicated:
8/62889
dated September 19, 2012.
Sixth.
>> Next, page 66 of volume
fourteen of the case file.
Ruling authorizing the conduct of
a residential search, dated August 7, 2012,
Moscow, by a judge of the Basmanny
District Court of the city of Moscow,
Amoshnikova.
Following the review, that is,
of the motion filed for
the search of a residence in
criminal case No. 2011/7130811,
authorization was granted to conduct a search in
the residence of Pyotr Yuryevich Ofitserov,
born in 1975,
located at the address: Moscow,
Oyorna Street, Building 15, Block 1, Apartment 95.
The ruling was announced and entered into
legal force.
Case file page 67.
71. A search and seizure record
dated August 8, 2012,
Moscow, during the period from 18:00 to 19:50,
by investigator
Alexei Alekseyev, a member of the investigative
team, in the presence of attesting witnesses and with the participation of
the accused, Ofitserov,
and his defense counsel,
as well as officers of the FSB of Russia,
on the basis of the ruling of August 7,
2012, for the purpose of locating
and seizing items and documents having
significance for the criminal case,
conducted a search. The participating persons
signed; their rights and obligations
were explained.
Before the search began, Ofitserov was
asked to surrender items, documents, and
valuables relevant to
the criminal case,
as well as items and substances prohibited from
civil circulation. No such items were
produced. During the search, the following were
seized.
An HP laptop.
The hard drives and laptop were packed into
one package labeled No. 1.
Also seized was a videocassette
in EP80 format.
A videocassette bearing the inscription
"Egippeed." Nine videocassettes in DV format.
The said videocassettes were packed into
package No. 2.
In the room
opposite the entrance, an HP laptop was seized
with the marking S8 4029
-251, and a savings book in the name of
Ofitserov,
nine optical discs containing stored
information,
17 optical discs, a storage
device, and a Nokia microSD memory card
of 256 MB.
The laptop was packed
into package No. 3. The optical discs,
memory card, and savings book
were packed into paper package No.
4. All four packages with the listed
contents
were sealed with the package seal of the
Seventh Main Investigative
Directorate of the Investigative Committee
of the Russian Federation and signed by
the attesting witnesses and investigators. The search was
completed. The signatures of the attesting witnesses
and the investigator are present.
From the participating persons
a statement was received from Ofitserov,
specifically that one HP laptop belongs
to his wife,
while the second HP laptop belongs
to his son.
Thus, case file pages 76–77.
Record of inspection of items dated August 27,
2012, Moscow, during the period from
10:05 to 17:30, by investigator of the investigative
team Platonov, in the presence of attesting witnesses,
within the framework of the investigation of criminal case
No. 201136811,
an inspection was carried out of items seized
during the search of the residence
of Ofitserov. The attesting witnesses’ rights and duties
were explained; the corresponding
signatures are present. During the inspection, the following technical means were used:
namely, a personal
computer.
During the inspection, it was established that for examination there was presented
a paper package,
bearing the imprint of the package stamp of the
Seventh Main Investigative
Directorate of the Investigative Committee.
It bore four handwritten signatures.
The packaging showed no damage whatsoever.
Upon opening this package, among other things,
an optical disc was discovered
in DVD-R format, gray in color, bearing the inscription
"Archive 062010." For viewing it
contents
a personal computer was used.
Upon opening the disc, it was established that
the folder contains; the root folder contains
eight directories. Among them is the directory
Natasha Book contains two files in
WMA format titled Natasha Pyotr Book Chapter
Three Project One. Natasha Pyotr Chapter
Three Project Two; upon listening
to which, using the built-in
software, it was established that
the audio recording contains voice samples
similar to the voice of Ofitserov. The second
directory, the Les directory, contains various
text and graphic files concerning the deputy
financial and business interactions
of BLK-sky Rafle with other persons in 2009
year.
volume seventy-nine
also inspected, among other things, was
a plastic case in which there are
the following optical discs: an optical
disc
in DVD-R format; to view its contents
it was inserted; there was used
a personal computer. It was established that
the disc contains directories and text
files. Among them, the following were found and printed
the following files, located in the below
listed directories. Working folder,
accounting, orders. Order Kirov,
official assignment Kirov. Working folder,
accounting, personal details,
business trips, document register
working folder, accounting,
founding documents and Ofitserov sole proprietor documents
Ofitserov sole proprietor, Ofitserov.
A similar file: Yugor, Ofitserov sole proprietor 2
Yugrel, Ofitserov sole proprietor 3, the same for 4, 5, 6, and
EGRL and Ofitserov all working folde
accounting documents for Ofitserov and for
Ofitserov, Ofitserov's passport
certificate of registration of Ofitserov as a sole proprietor
working folder, accounting, foundi
documents, Real Workmen copies
Real Management, as well as a certificate of
tax registration, indicated
enterprise registration certificate
Realmen Order No. 1
RVN. The Les directory contains various
documents relating to the Vyatka Forestry
company.
tourist.
>> In addition, the following will be presented for inspection:
a polyethylene bag, also
containing
an imprint of a stamp of regular round shape
bearing the inscription: For Packages of the Seventh Main
Investigative Directorate of the Investigative
Committee of the Russian Federation, as well as
containing four handwritten signatures.
Upon opening the package, the following were discovered
the following.
>> Could you refer to the volumes that
were announced, because you are jumping through
the documents.
>> Thank you.
A personal computer, an HP-brand laptop.
HP.
The front side of the laptop is made of
plastic material. There is an HP emblem
HP.
There are also plate inserts with
applied explanatory markings
for the HP product, as well as serial number
CNF8075
MHL.
Made in black coloring.
continuing, then, the inspection
of the presented laptop. It was
turned on; after entering the sequence of characters
849839,
after which the operating system granted
access to the personal files
of the user under the names Pyotr and Lidiya. During
the inspection of electronic documents
of the said laptop, directly in
the course of inspecting the contents of the email
correspondence contained in the preinstalled
program
the presence of email messages was established.
sent from the user Alexei
Navalny, navaalis@obakagmail.com
to realmenement
infoakarealmanagement.ru
dated February 24, 2011, at 20:35
under the subject line Kirovles, by which
the following electronic
documents are attached.
Letter apostrophe proc torpk article report.
IPZ based on the audit results, sent from
the user Alexei Navalny, navalna
sobaakmail.com, to Ofitserov Pyotrov
ofitserov.com
dated August 25 of that year at 15:06
under the subject line Greetings there
message: Hi, everything is fine, we should
talk on Skype or something; Masha's
phone number
7912 ending in 0671, sent from
the user
realkmenedmenobakalmanagement.comru
to the address of Alexei Navalny, navalna at
mail.com, dated August 6, 2011
18:10, under the subject line Extract, to which
a document titled VLK is attached.
Further, on pages 84
through 86, there is
a direct printout of the examined
documents.
So,
this is the end
>> Right. It is also stated that
there was opened
the inbox folder. It is indicated th
from Alexei Navalny there was sent on the 24th
of February 2011 at 20:32
to management
uh, of the following file
bearing the following header: an email to
postproc dpk article reporter pz on
the audit results
the following message was received
From Alexei Navalny, addressed
to Pyotr Ofitserov on August 25, 2010
at 15:06
with the following content: "Hi, everything
is fine. Maybe we should talk on the phone
or something. Car. Phone
7912 ending in 0671
also contains: "Hi. How are you, man?"
Miss you a lot. When are you coming back?
End of content.
Among the sent items, there is
a message addressed by Navalny to
the address navalna.com
from realmanagement.
Uh, an extract.
The subject line contains the title "Extract," and
the message reads as follows: "Hi.
That's it, there are no more extracts. That's all, with
respect, Pyotr Ofitserov."
>> File attached.
It is stated that a document was examined from
an HP laptop by means of copying, trans-
ferred to a personal removable
storage device, a flash drive, after which
it was transferred to a personal computer,
an HP 6730 laptop.
Printed using a printing
device.
Thus, the storage device
upon completion of the inspection of the submitted
HP personal computer.
and a Maxtra-brand device, the latter were placed into
their original packaging, the flap of which
was sealed with tape in a manner preventing
access to the contents, beneath which was placed
a fragment of a sheet of white paper with
explanatory notes indicating
the contents of the packaging
and the circumstances of the seizure, as well as
the signatures of the attesting witnesses and the investigator; it bears
one stamp impression for packages of the Seventh
Main Investigative Directorate.
Investigative Committee of the Russian
Federation, with the signatures of the attesting witnesses. Statements
from the attesting witnesses during the completion of the inspection were not
received.
The protocol was read by all
participants
in the process. This protocol also has
relevant appendices
related to the case, in particular on page
104.
An extract from the Unified State
Register states that the limited liability company
limited liability company
Realp-Management is registered at
15 Ozyornaya Street, Building 1, Apartment
95,
case file page 106.
Order No. 11 of February 7, 2006
of the limited liability company
Real Management.
It states that Pyotr Yuryevich Ofitserov
assumes the duties of
General Director in connection with
the absence from the staffing schedule of the position of
accounting employee
and also assumes responsibility for maintaining accounting
records and reporting
upon himself, signed illegibly
or made on page 108
113, an extract from the Unified State
Register.
of Legal Entities with respect to
the company Management,
as already stated in full.
The company is registered at
15 Zyorna Street, Building 1, Apartment 95, Moscow.
And on case file page 111 it is stated that, among
other things, a participant in the company is
Pyotr Yuryevich Ofitserov, the General
Director
resde 137 fourteen.
Requests addressed
to the Senior Investigator for Especially
Important Cases under the Chairman of the
Investigative Committee of the Russian
Federation, Colonel of Justice Gabdulin.
The request was signed by investigator Neni
Akhmetov on November 13, 2012, under
number 2011/7136811
which states that, in connection with the
need that arose during
the investigation of criminal case number
2011/7136811
against Navalny, I request that you inform us
whether, within the framework of criminal case
number 2011/459
415 uh dash 12, pending
before investigator Gabdulin,
computer equipment and other electronic
data carriers belonging to Navalny were seized. If so,
which ones exactly, and were these
items recognized as physical evidence?
From page
138.
Cover letter
from investigator Gabdulin addressed
to Akhmetov, dated the fifth, the fifth,
sorry, of December 2012, under
number 2011/459
41512, which states that in response to
the request, the following is reported: "Within the framework of
the investigation of criminal case number
2011/459 415-1, pending before the
Main Investigative
Directorate of the Investigative Committee of Russia, during a search
of Navalny's apartment
located at Moscow, ulitsa (street)
Lyublinskaya, building 175, apartment 15, there were
seized, among other things, a mobile phone
an Apple iPhone, model A130, SIM card
of the MTS mobile network operator, mobile
iPhone mobile phone, model A1387, with a SIM card
MTS mobile carrier SIM card, MacBook laptop, model A
A1369, serial number C02GY2QYDR4
MacBook laptop
model A1278, Samsung-brand laptop
model NP X360
AA03
iPad tablet computer, single, in one
box with a USB cable and charger
device; iPad tablet computer
Apple brand, model A1396
IMEI: 0126 73028 44542
Apple iPad tablet computer
model A137; also has IMEI 0132
2 3927558
one. System unit of a personal
computer, model Argument, serial
number ARK 3023662.
At present, the above-listed
item is located in office No. 613
of the Main Investigative Directorate
of the Investigative Committee of the Russian
Federation, with the investigator
Lishivtsev. Next page, case file sheet
139
40
order authorizing seizure dated
December 5, 2012; the seizure
was carried out in Moscow by an investigator
of the investigative team, Alexei, within the framework of
the materials in criminal case
No. 2011/7136811
it was ordered to carry out a seizure in
office No. 613 of the Main
Investigative Directorate of the Investigative
Committee of the Russian Federation, from
the investigator
Prishivtsev, for the purpose of locating items seized during
the investigation of criminal case
No. 2011/45941512
during the search of Navalny's residence, located at
175 Lyublinskaya Street, Moscow
apartment 15
iPhone mobile phone, model A130
iPhone mobile phone, model A1387, with
SIM cards, 188 TS; MacBook laptops
model A1369 and model A1278
Samsung-brand laptop
iPad tablet computer, single,
tablet computer
iPad tablet computers, model A1396
and A137, and the system unit of a personal
computer, model Argument, serial
number AR 302366
2, signed
presented by the investigator to investigator Yushevtse
>> Case file sheet 147
copy
of the order authorizing searches
of the residence dated June 9, 2012, city of
Moscow, by a judge of the Basmanny District Court
of the city of Moscow
uh, the petition was considered
for conducting a search of the residence in
criminal case No. 2011/45941512
and the search of the residence was authorized
of the residence of Alexei Anatolyevich Navalny
at the address: 175 Lyublinskaya Street, Moscow, apartment 15
for the purpose of locating and seizing items
and documents.
So, let's do 214
148 153. Sorry. 148 153
protocol
of the search
dated June 11, 2012. Also in
copy,
uh, city of Moscow, during the period from 8:30 to
20:50
by the investigator
of the investigative team
with the participation of attesting witnesses, with the participation of
Navalny, as well as experts.
On the basis of the order of June 9
2012, at the address
175 Lyublinskaya Street, Moscow, apartment 15,
for the purpose of locating items and documents
a search was conducted,
as a result of which
the following was seized,
namely, a black hard drive.
with number ST905004
XSD 101.
So, the following were taken.
Samsung mobile phone, mobile
phone iPhone, model A1387,
mobile phone,
as well as iPhone
with a SIM card.
TS
Nokia mobile phone
HP
Canon video camera, three MTS SIM cards
laptops
cards
six nine-ro
discs.
Damn,
disc.
And then, well, the system
unit, document,
iPad.
All of the above-listed items were packed and
provided
with explanatory labels and certified
seals.
the appendix to the protocol changes,
which is unrelated to our
case.
>> Case file sheets 214 to 225.
>> 225. Let me уточнить, one second. 214, yes, to
225.
Look. Uh-huh. So, the inspection report of
items and documents dated December 28
2012, city of Moscow, during the period
the inspection began on December 28, 2012
at 9:00 and was suspended on the same
date at 13:00; the inspection was resumed also on 28
December 2012 at 14:00 and
completed on December 28, 2010, at
17:00. The inspection was conducted by investigator
of the investigative team, Alexeev, in
the presence of attesting witnesses, with the participation of
specialists
senior experts
from the first and second divisions, Berezhnoy and
Medzheviddinova. Accordingly,
the items serving as information carriers were examined
that had been seized in criminal case
No. 2011713068
111 following the search conducted at
Navalny's residence at the address: Moscow.
The signatures of the participating persons are present. During the
inspection, the following was established.
Thus, among other things,
it was established that the item being examined is
a transparent package labeled
of the Investigative Committee of the Russian
Federation, Main Investigative
Directorate, criminal case No.
2011/71368
containing an Apple iPhone mobile phone
model A187, seized during a seizure operation
sealed with an imprint of the seal used for sealing
the Seventh Main Investigative Directorate
of the Investigative Committee of the Russian
Federation. The packaging is intact.
The package was opened. It contains
an Apple iPhone mobile phone
model 1387
in a black casing.
During the inspection of the SIM card
of this phone,
>> that is, text messages
of interest to the investigation were not
found. Also examined was
a transparent package labeled
Investigative Committee of the Russian
Federation, criminal case No. 2011
robi.
It contains an iPhone mobile phone, model
A13, seized during a seizure operation in criminal
case zavyshena
in criminal case No. 2011/459415
ti 12, sealed with the imprint of the seal for
sealing of the Seventh Main Investigative
Directorate
For the examination of the mobile phone,
a special hardware device was used
with software that
makes it possible to read information
from the mobile phone and SIM cards. During the
inspection, the following was established:
on the mobile phone, the following numbers are indicated as the
equipment identification number:
the following numbers: 012163205106
contacts, phone numbers, SMS
text messages, MMS multimedia
messages, images, and video were found. During the inspection
of the contents of the SMS messages, the following message was found
which has
significance for the criminal case, including
>> says incoming
here is the decision
>> Uh-huh
Incoming. Here, uh, marker, mobile phone
ending in 0.8
with the following content: Alexei, the Ministry of Internal Affairs
pofolog sent materials to the SKP (Investigative Committee Prosecutor's Office) regarding
Kirovles against A.S. Ofitserov, I am writing
a note, I want to comment
sent to the specified number, call, reply
there is no ruling yet, at least I do not have one
I have a certificate and interview records from
otsnu; at least that would be very
much appreciated
interesting after all. Reply only if later,
they are in paper form, they need to be copied,
scanned. And the scanner is only at home.
At work there would be too many unnecessary
questions about it, thank you very much. Incoming
from the same subscriber: both the interview records and the certificate
have been sent. Everything that is incoming, by the way,
has 'fraud' in the headline only because
earlier the notes wrote about a case
of fraud, although that is far from my
wording. Sent, yes, that's nonsense
just a matter of convention.
The contents of the discovered information about
contacts and SMS text messages
from the mobile phone were copied onto
an optical disc. During the inspection of the SIM card,
information on contacts and SMS text
messages of interest to the
investigation was not found.
Next, a package made of dense
blue material was examined
uh, with a label of the Investigative Committee
of the Russian Federation, criminal case No.
2011/71368
containing a computer system unit
argument seized during a supplementary seizure in
criminal case No. 2011 doro 459
41512, sealed
for the package with the stamp for packages of the Seventh
Main Investigative Directorate
of the Investigative Committee of the Russian
Federation, with the signatures of the persons involved. The packaging is not
damaged. The package was opened.
From the system unit there was extracted
a hard disk drive.
Thus, to block writing to
the information carriers under examination,
specialized
software and hardware
devices are used.
Further, also with the aid of software
among the informational
contents of the submitted storage medium,
a search was conducted for files containing
information of significance to the
criminal case, and in the directory at the path
user Chrome
default. A file named f was found
apostrophe 207562.
Its last modification date is October 25
2011, at 22:00, exactly 22:00.
9 seconds. The contents of this file
consist of reports and text
of email messages, among which
there are some of interest
to the investigation. During the inspection,
the investigators
selected the materials of interest to the investigation
the texts of email messages,
which were printed out during the inspection
for use as an attachment to
the inspection record. The files discovered during
the inspection were copied onto
an optical disc.
Also
>> Uh-huh. Also examined was
a briefcase, a laptop bag
made of dense black fabric,
from which a laptop was then examined,
a Samsung laptop, also seized as part of a seizure in
criminal case No. 2011/459 41512
bearing the seal impression for evidence bags of the Seventh
Main Directorate, containing
the signatures of the persons involved; the packaging was intact.
Samsung brand laptop, serial number
FD2493 3 JQU B2
166T.
During the inspection, the laptop's
hard magnetic disk drive was removed
. On the upper surface
there is a sticker with serial number KRBA
5902425,
A20CB8,
AU293.
To block writing during the examination
of the data carrier, using
specialized hardware
equipment.
Also, with the aid of special
software, among
the informational contents of
the submitted storage device, there was conducted
a search for files containing
information of significance to
the criminal case. It was established that
the submitted storage device is divided into two
logical disks, provisionally designated
HDD1 and HDD, on which the following were found
the following files of interest
to the investigation.
Namely, the file names: Kirovles,
situation Pokagub review, consolidated analysis
of cargoes. Memorandum 3. Comparison of prices for
delivery; memorandum on the results of
the joint activities of VLKA and KOGUB.
Table of comparative pricesgub
VLK. Table of comparative pricesgub VLK.
One. Memorandum on the results of the joint
activities of VLK and KGUP. Memorandum No.
1. Monitoring center Kirovles.
Draft balance sheet as of June 30, 2009
. Balance sheet
balance sheet as of December 31, 2008. balance sheet
Form 2 as of June 30, 2009; Form 2 as of
December 31, 2008; Salikamsk1 work plan
for PKL, technical assignment, and memorandum
No. 2. In addition, during the inspection of the
storage device, service files were found
for the program used to exchange electronic
messages. When decoding the service
files of Microsoft Outlook,
databases of sent and received
electronic messages were found; when decoded,
each electronic message
is automatically decoded and
saved together with the message's
files. Each electronic
message corresponds to its own
individual folder. This folder
contains the original message, a text
file containing transmission attributes,
receipt data and the message text, as well as
an attached file, if any. During
the inspection, the data obtained were
examined by the investigators, and
electronic messages of interest to the investigation
were identified, as were attached files.
Data carriers of interest
to the investigation, message files, and attached
files were printed out during the inspection
using a printer.
Recorded onto an optical disc. A directory was created
under the name "Samsung laptop."
After the inspection, the inspected items were packaged
in their original packaging and sealed
with evidence-bag seals of the Seventh Main
Directorate. They were provided with
the signatures of the witnesses and investigators.
The witnesses were ознакомлены with the inspection record.
Signatures are present.
Attached to the inspection record are an optical
disc and printed documents. Before
the start of, during, or after the inspection,
no comments from the participating persons
were received, as confirmed by the corresponding
signatures.
15 16
>> Yes, we
>> Are we going to be reading for much longer today? It seems
the working day is already over. The Labor Code.
I can see the court clerk is unhappy
about this departure from standard practice.
>> She will appeal to the appropriate authority
with a complaint if necessary. What time is
your train?
>> Besides your train, we also have
cases in Kirov that had been scheduled
in advance.
>> At what time do you have
>> Is this connected with the defense's statement? We
are accusing officers as well, among others. At
what time are those matters scheduled? 8
p.m.
>> Yes.
We can work until 6 o'clock.
Well
>> You have probably already decided until
what time we are working.
>> I'm asking you.
>> We can.
>> We can. Perhaps we should schedule
a hearing.
>> We still need to agree on the schedule.
>> Will that take long?
>> I don't know.
>> Let's continue until six and examine
Volume 16. Volume 15.
The sixteenth.
to be examined.
>> So, they asked to examine the case file pages
>> this attachment.
>> One moment, that is not in your list
of Volume 15. In that case, please file
a motion to change the order
of examining the evidence. Right now we
have added one item, tomorrow we will add another,
the day after tomorrow a third one, part of the inspection record
of the proposal. I announced that
the inspection record, that is,
includes printed documents and
an optical disc, so we are examining them.
We cannot split them apart.
Your Honor, in the list of evidence
presented by the prosecution,
there is no reference to this volume. And in this
case, from the standpoint of criminal
procedure, which we are all observing,
it would probably be appropriate to file
a motion clarifying the evidence
you are presenting.
You do not wish to make a motion, because
a motion has already been made
to read out the inspection record of the items.
Well, I see. The court does indeed consider
that since the attachment located in Volume
15 is an attachment to the inspection record,
the reading out of which was requested
and to which the defense
agreed, I think the attachment
does not require an additional motion
to be read out. Please proceed.
>> So, case file page one. Found on
the storage medium
the hard magnetic disk of the system unit
contains the text of email
messages.
Unfortunately, in printed form they
somewhat disrupt the sequence and
chronology. So, unfortunately, in
printed form the texts disrupt
the sequence and chronology, but they are
set out in more detail in the indictment,
so I will read them as
they are. Not in the indictment.
Please tell me which pages in Volume 15
you are reading out?
>> So, the third, fourth, and seventh.
>> All right, once again.
Then 15
>> 10 through 11, fifteenth, fourth, third
fourth, fifth
>> from the twenty-third through the twenty-seventh
>> third, fourth, fifth, then once again
repeat from
>> I did not say the fifth
>> then let's start from the beginning
>> from the beginning, then
>> What I want to write down is what you are going to read out
please, perhaps let's do it as we go
>> As we go, I will name the case file pages and you
write them down, please
>> One moment, since your
evidence is not on this list, I cannot
write in my record in advance right now
which pages of the file you are reading out
please, the list
the whole list. Please confirm what you will
be examining now.
>> The court has already stated its ruling here. Why
repeat it?
>> Thank you very much.
>> Once again. Third. Fourth.
Seventh.
Tenth, eleventh.
>> Fifteenth.
From the twenty-third through the twenty-seventh.
Next
>> thirtieth. thirty-second through thirty
second
thirty-fourth
from the thirty-seventh through the thirty-eighth
116 through 121
>> 116
>> through 1215
through 14
and 145 through 150
168 through 169
175
then 211, 2121
223
>> I skipped 222, 223
well, 224 through 227. So,
case file page three
contains the text of messages, namely,
emails from Alexei Navalny,
addressed to officer Pyotr: "Hi. Tomorrow
I only have commitments from 11:00 to 12:00.
I suggest arranging it for around 12:30.
We'll coordinate with Alikamsk and sort everything out."
Uh, from officer Pyotr
to Alexei Navalny, the message reads: "Hi,
when tomorrow are you available to meet with
Agrosimul? I'll send you the letter tomorrow via
the unified platform. Regarding Salikamsk,
I need them to sign a contract
with me. They already have a contract with LLC Vyazkaya
Forest Company under review
for the fourth week. We need to call
and ask them to speed up the signing of the contract with
us. Can you do that? If necessary, I can
go there. Otherwise, what's the point? Waiting. With
respect, officer Pyotr."
Case file page four.
So, here, then,
from Navalny
to Officerov.
Hi, tomorrow I only have commitments from 11:00 to
12:00. I suggest around 12:30.
We’ll sort everything out by agreement with Solikamsk.
Right, moving on. From Ofitserov to Navalny.
Hi. What time are you free tomorrow
to meet with Igrosimul? There is
a repetition, so I’m reading the whole letter. I
will give you tomorrow the materials on the unified platform
regarding Solikamsk. I need them
to sign a contract with me. They have already had
the contract with the forestry company bundle under
review for the fourth week. We need
to call and speed things up.
Right,
the seventh one is done.
from Alexei Navalny to Ofitserov
May 4, 2009
at 3:45. I have an important request for you: can you
send one of your guys
to buy an inexpensive phone
— a Nokia, around 3,000 rubles (about $90 at the time) — with a SIM card from any
operator, and put
1,000 rubles (about $30 at the time) on the account. Register the phone in anyone’s name
you like, just not in your name. The plan should be
something without a monthly fee,
so it can sit unused as long as necessary and still remain
active. And tomorrow morning, hand me
just the ready-to-use phone, without any boxes or anything.
I really need it. And finally set yourself up
an email account on Gmail, otherwise there’s no secrecy
with you.
Right, moving on, from Ofitserov
to Navalny on the same page. If
they load everything little by little, then it still
comes out, by calculation, to a total of
16 million for pulpwood alone, 4.5 cubic meters.
Although, you know, it may be that — and most likely it is —
that the railway doesn’t care about cubic meters and
calculates a railcar at 60 tons. In it, the timber is
20 tons. But do we calculate by railcar or by
the unit of measure, 1 cubic meter = 1 ton? That seems more
realistic, I think. Respectfully,
Ofitserov. Pyotr.
Moving on.
Tenth, eleventh: from Ofitserov
to Navalny, May 3, 2009, at 11:30.
Uh, hi. Overall, there’s not as much information on it as
I expected. Makoveyev
is supposed to prepare a memo on it. He was busy
for two days, really trying — he wants to get
credit for it — so I think it will contain
the maximum amount of information on this pulp-and-paper mill.
I can only dig things up from the internet. As of today, regarding
it, the situation is as follows.
The contract has been concluded; ours is under
review, but not signed. There are two
factors there: internal bureaucracy, and I think
they are waiting for the situation to develop, plus
probably
Makaveyev stirring things up so he can remain
the main specialist on the mill. Further on this matter,
a quota has been signed for 9,000 cubic meters of pulpwood
of fir, GOST 9463-88,
first and second grade, through the end of the year for
Kogub. That is a little over, uh, 1,000
cubic meters per month. We need at least 3,000 per
month. More is possible, but there are
several issues. First, a payment deferral of
25 days. Second, deferred payment on
rail freight charges, also about the same, and
that means tying up money for all that time. Third,
very strict acceptance standards, which lead to
a large amount being sorted out, although
that is a matter of negotiation, so it’s not worth
worrying about. I think I’ll be able to handle that myself later.
That’s what I think. Fourth, he also kind of
complained about unstable operations,
the lack of delivery schedules, and so
on. But in my view, that too is a matter
of negotiation. I think one to three working
meetings at my level will solve this
problem. But if the conversation goes there,
it can also be handled at your level. Overall, my conclusion
is this: the main issues that, in my
view, are worth pushing for are, first,
an increase in the quota by 3,500 to 5,000 m³
per month, that is, by the end of the year to 25
to 30,000 m³; second, a reduction
in the payment deferral period by at least
10 days, though that is more a matter for future development,
because if I were in their place, what would be the point of shortening
the deferral? Uh, they will try, on the contrary,
to increase it. That’s what I would do. The quota for
Kirov companies could be canceled, but that
would lead to the fact that
Perm companies would start registering, and so on, while
the buyers would remain the same. Therefore, it makes
sense to talk about a share and an overall percentage in
the supply volume, and about concluding a contract
as with a strategic supplier, but
then they will squeeze hard on the terms, uh,
of the deal. So the issue of a strategic
supplier has to be approached very carefully.
Generally speaking, Nikita shouldn’t go there, but
that’s just my purely subjective opinion
off the top of my head. Respectfully, Ofitserov,
Fyodor
quoted verbatim.
Right, page fifteen of the case file.
So, this is from Alexei to Navalny,
Navalny, that is, to Ofitserov
dated May 4, 2009. Petya, I have an important request for you.
Can you send someone
from your guys? This is already a repetition here — to
buy an inexpensive Nokia phone for around
3,000 rubles (about $90 at the time), with a SIM card from any operator. And
put 1,000 rubles (about $30 at the time) on the account. And the phone
should be registered in anyone’s name, but not mine,
and not yours. Some kind of plan without
a monthly fee, so it can sit
unused as long as needed and still remain active. Uh,
right,
and further on, on the same page, from
Pyotr Ofitserov to Alexei Navalny, May 4,
2009.
Right, here too the message is already being repeated.
That means, if they load everything
little by little, it still comes out to
a total of 16 million by calculation.
Only pulpwood: 4.5 cubic meters.
So, this has already come up before.
20,327.
That’s how it goes.
>> So, 2324 is already a duplicate.
It was already examined.
>> Everything that
>> So, the 23rd, from Ofitserov
to Navalny, May 3, 2009, uh,
Hi, overall there’s information on him. So, as I
expected, Makovek is supposed to prepare
a memo on this. He was busy for two days,
worked hard, wants to get credit for it, so
I think it will contain the maximum amount of information on
this pulp-and-paper mill. I can only dig things up from the internet
myself. As of today, the situation with it
is as follows. The contract has been agreed with Kagub; ours is under
review, but not signed. There are two
factors there: internal bureaucracy, some kind of
waiting period, clarification of the situation, plus
possible maneuvering by Makoveev to
remain the main specialist on the mill. Further on
it, a quota for pulpwood has been signed
for spruce and fir.
So, at least 3,000 cubic meters per month are needed,
more is possible, but there are several issues there,
a 25-day payment deferral, deferral
of payment on the rail tariff,
very strict acceptance procedures, which lead to
a large amount of rejected sorting, although
that’s a matter of agreement and not something to
worry too much about.
Also, one can complain about the instability
of operations, the lack of delivery schedules, and
so on. Overall, the conclusion is that we need to
increase the quota to 3,500 cubic meters per
month. Also, shorten the payment deferral period
by at least 10 days. The quotas for
the Kirov companies should be canceled.
Further,
so
and so on. So, on page twenty-five of the case file we
have
a printed text
with the following content: materials for
a meeting with the president of Salikams BumProm LLC
Baranov. Questions for
ensuring
uh, discussion, excuse me, on
ensuring the stability and transparency
of raw material supplies to Salikamsk BumProm from
the Kirov Region, on the possibility of
increasing supplies, on the possibility of
organizing at Salikamsk BumProm
the production of cardboard for food
packaging of the Tetra Pak type.
Attachment: information, accordingly, on
the production of packaging materials and on
the main consignees of timber products
shipped from the railway station in 2008.
Also, a copy of Evilov’s letter to Governor
Belykh.
The following information comes next.
Classification of coated cardboard.
A European classification is provided.
Now, page twenty-six.
The advantages of coated cardboard, its
uses. So, coated cardboard
differs from ordinary cardboard in appearance.
Right.
Right.
And material of similar content continues up to the
twenty-seventh page. Now, the thirty-
second page of the case file.
So, then,
from Navalny to Ofitserov, April 23, 2009.
year.
Sorry, a little higher up.
A little higher.
So,
from, from Navalny to Ofitserov, so,
there is a text with the following
content. The reference to the Vorsky pulp-and-paper mill should be removed there.
It should simply say OAO Volga (Open Joint-Stock Company Volga),
basically it’s the same entity, but it’s better to correct it
so that there isn’t an awkward mix-up.
Next, also from Navalny to Ofitserov,
dated April 23. Wow, is all of this
really true? And with Domov we signed for 130
cubic meters, or 1,300.
Next, Ofitserov to Navalny, dated April 23:
Hi, attached is the memo. What’s in
it is all true; I didn’t exaggerate anything.
Take a look and see if it works. Best regards,
General Director of the consulting
company Real Work Management.
So
moving on. The thirty-first page of the case file,
so, from Ofitserov to Navalny. As for
the money required, the payroll fund will need to be
11,700, including me; without me, 72,000.
Theoretically, my payment can be postponed until the next
month. Payroll tax: about 17,000
approximately; I’ll be able to say more precisely after the calculation,
but the amount will remain roughly the same.
We need branding development right now:
3,000 rubles. Because with what we currently have
for timber, it’s ridiculous. Uh, and we need to make
letterheads, business cards, little envelopes, envelopes, and
so on. But this is basically just a deposit.
The main amount can be paid later.
Better to do it now so as not to drag things out. And
we also need 3,000 rubles for mobile phone service right now.
Office supplies: 3,000; we have nothing. Total
we need to prepare 143,000, or without me
98,000.
Right now I’m waiting for a payment from Domov of 260,000
of which 13,000 is mine. Then subtract taxes and
so on. The big orders are still hanging. I don’t
know whether I’ll manage to move anything forward by the end of April, uh,
probably not. It’s not possible to speed things up
because the shipping cycle is still
at least a week by rail, and there’s no road transport yet.
So we keep working and wait for May. Best
regards, General Director of the consulting
company Real World Management.
Moving on. On the same page
Navalny to Ofitserov, April 23, 2009.
year. Expletive. Yes, there’s a new snag here.
I need the Perm train we took
last time, but for now there’s only one SV (first-class sleeper)
left; there are compartment cars. We booked
one SV. And tomorrow we’ll try to grab another
SV from a canceled reservation. If we don’t get it,
then we’ll buy you a compartment berth. If that doesn’t
work for you, then say: "Let’s not take
the compartment berth."
So, here as well
here, then, there is a message from
Ofitserov to Navalny. Uh, so, the logo
for tomorrow—what time?
So,
thirty-fourth.
page 34 of the case file: Ofitserov
to Navalny, April 13, 2009.
Hi, attached is a logo option for
the company’s corporate identity. What do you think? Respectfully,
General Director of the consulting
company Chita.
thirty-seventh, thirty-eighth.
So,
from Ofitserov to Navalny: attachment, memorandum
on the activities of the LLC. Hi. Attached is
the memorandum. Everything in it is true,
I didn’t exaggerate anything. Take a look,
it should work.
Next, from Ofitserov to Navalny
uh, April 10, 2009.
Thirty-eighth. From the case file: Hi. The scheme
here is a tricky one. Any other way would be sharply
more difficult. For example, TsBK, IFK. The contracts
will be on deferred payment terms. The deferral may be 3
days, or it may be 30 days. Their volumes
can range from 1,000 to 4,000 or more
cubic meters. If it’s 5 days,
that’s fine, but what if it’s 35? And if we, for example,
sign a contract with KL for 15 days, where
do we get the money? So I decided it would be
more convenient and fair at the first stage
to make an appendix for each client.
And, of course, it will be a hassle, but we
will manage. That is, if the appendix
states that the company
company
Romashka we supply on a prepayment basis, then within
5 days after the acceptance certificate I send the money
to KL. And if the deferral is 30
days, then after 30 days. This is,
of course,
a pain, but the thing is that here it’s all the same
anyway. For each shipment, an appendix is made
covering the technical
specifications, transportation terms
and so on. Therefore,
if payment terms are included there as well, then
it will be more convenient, I think.
Next, on this same page of the case file, Alexei
Navalny to Pyotr Ofitserov, April 9, 2009.
The following message text. It seems
everything is okay. But you didn’t include all those agency
commissions, did you? Where’s the 7%? Do you
just agree on that verbally in advance
and determine the price that way? And I didn’t understand
the payment procedure—where does it say
whether it’s prepayment, or payment with deferred
payment, or whether we pay upon
delivery. For example, VLK has an order for
500 cubic meters of timber from Kazakhstan. We gave
the order to KL, they supplied us with the timber, and we transport
it to Kazakhstan. When does VLK transfer
the money to KL? After the timber is accepted
in Kazakhstan, or after
Kazakhstan makes a prepayment? And if there is
no prepayment?
So.
116
121 of the case file.
This contains the text of a letter
to the Governor of Kirov Region, Belykh.
So,
signed by the governor’s adviser
Navalny, dated August 10, 2009.
So, there are a number of sections.
So, in particular, the first section is
the report as a whole.
This concerns the analysis of the report by the firm
Vyatka Academy Audit on conducting
an audit of KOGUP Kirovles. Uh,
second, an analysis of the enterprise’s fulfillment of
the state powers assigned to it.
The third section is an analysis of
the enterprise’s contractual and sales policy.
Tables are provided
for the forestry units. The fourth section: analysis
of forest fund leasing and conclusions.
So, 135
through 144 of the case file,
in particular, there is, uh, a text
document, a memorandum on
the results of the joint activities of VLK
and KOGUP Kirovles.
Mm. So,
on page 139 of the case file, with the signature "Respectfully,"
General Director of Vyatkosnab, Ofitserov.
There are also several sections
in this memorandum, including a section on
intentions, the pricing mechanism,
and financial results.
So.
So. Interaction mechanism. Assessment
of the report by the audit company Vyatka
Academy Audit.
And so on.
145
and 150 of the case file are the appendix to
this memorandum.
So.
168, 169 of the case file. So, a letter
to the president of Solikamsk Bumprom, Baranov, signed
by the governor’s adviser
Navalny.
Dear Viktor Ivanovich, in fulfillment of
the agreement reached at the meeting between
the Governor of Kirov Region and
the management of Solikamsk Bumprom, a number of measures have been carried out
on the following points.
for the full utilization of the supply quota
50,000
cubic meters of pulpwood from coniferous forests.
The administration of Kirov Oblast
initiated the creation of a pilot project
for a regional procurement platform, where
favorable conditions have been created for
timber suppliers. An entirely new
procedure has been established for paying for raw materials on the day
the transaction is concluded, as well as
the provision of a 50% advance payment,
which makes it possible to
fulfill the agreements reached in full and on time. As a
result of the work carried out to select
a reliable and efficient
organization capable of fulfilling
the quota for supplying coniferous pulpwood,
Vyazskaya Lesnaya Kompaniya LLC was selected
as the company, and it is
the official dealer of Raffles Group.
Vyazskaya Lesnaya Kompaniya ensures
delivery of the declared volume of
50,000 cubic meters by rail.
The details of Vyazskaya Lesnaya Kompaniya are provided.
Second. The issue was also examined of, uh,
the possibility of transporting coniferous pulpwood
by road.
Third. So,
a proposal is being made to establish
a water route through the northeastern
part of Kirov Oblast to Solikamsk.
Next, the fourth point is that
attention was drawn
and it was proposed to create a zone
of guaranteed timber harvesting in the
northeastern part of Kirov
Oblast, bordering Perm Krai
(a federal subject of Russia).
Right.
Uh, so
on page 175 of the case file there is
the following document, without signatures, without
a seal. In the upper right-hand corner it says
approved by order of the Department of
State Property. Terms of reference for
conducting an initiative audit of KOGUP
Kirovles. First: a comparative analysis
of the enterprise’s operations for the first
half of the year
2009, and also the second quarter of 2008. Second:
an analysis of the enterprise’s fulfillment of
the state powers assigned to it.
Third: an analysis of the enterprise’s contractual and sales
policy. Third, an analysis
of the completeness and timeliness of wage payments.
Fifth: an analysis of the registration of rights to
the enterprise’s property and the efficiency of its
use.
Right.
Now then, pages 211 and 212 of the case file.
A letter was sent to Navalny.
So,
from the email address bvm
krogo
with the following content: “Alexei Anatolyevich, I am sending
you Opolev’s letter
from VMI.”
Now then, to the adviser to the governor of Kirov
Oblast, Navalny, regarding a proposal to
increase quotas and supplies of spruce
and fir pulpwood.
Dear Alexei Anatolyevich,
the association of major enterprises in
Kirov Oblast is one of the
key suppliers of spruce and fir
pulpwood to OJSC Solikamsk Bumprom.
These mutually beneficial business ties
have a long history. According to information
provided by OJSC Solikamsk
Bumprom, in 2008 from the territory of Kirov
Oblast to the mill there were
delivered more than 200,000
cubic meters of spruce and fir
pulpwood. Due to the decline in production
and sales of finished products,
caused by the financial and economic
crisis in 2009, the volume of timber purchased
from Kirov Oblast
is planned to be reduced to 150,000
cubic meters. At the same time, the plan for
reducing raw material purchases from
other regions is not
final. The volume of purchases may
decrease even more significantly. Meanwhile, the
volume of spruce and fir pulpwood
planned for production by the enterprises of the
logging complex of Kirov
Oblast in 2009 amounts to no
less than the level of 2008.
Takbrofles
is one of the suppliers of spruce and fir
to Solikamsk Bumprom and has
a supply quota for 2009 in the amount of 9,000
cu. m.
In practice, the company will be able to carry out
deliveries of this type of raw material to
Solikamsk Bumprom in the amount of 38,000.
An increase in raw material supply quotas can
be achieved by removing from the supply chain
small suppliers and unnecessary
intermediaries supplying timber products
to Solikamsk Bumprom.
Now then,
if you represent the place saying that
this letter should be read out in full, then
read it out in full. In that case
you skipped two paragraphs.
Yes.
>> The evidence has been presented.
>> I, I understand, what is it about there? Maybe there are
some details in those two paragraphs.
>> No, not details, but that is also part of the text
of the letter. I believe that, please, let’s
go ahead, please.
>> So, page 220.
From page 220 through 227 follows the case material
of this volume.
And from Alexei Navalny to Ofitserov on May 4
2009
obscene. And they struggled over this letter
for several days. I am obscene, dear
editorial office. Makoveev was preparing it. At this rate
he won't get credit.
Finish reading
>> here? Yes, everything has been read to the end.
And that previous document, which, uh,
200
>> Right, well, on this page of the case file it contains.
>> Just a second.
>> yes, the one on pages 211–212. You did not finish reading
two paragraphs. Your Honor, Prosecutor, if you
are reading something out only in part, then say so
explicitly, so that later we do not have to return to
this piece of evidence five times
at our stage.
>> Well, I agree with the defense counsel's opinion
indeed, if you are reading documents into the record.
>> All right. On this page of the case file, page 220,
there is essentially.
>> No, wait, 211.
>> 211, 212.
>> two paragraphs there were not read to the end. You are reading
>> you did not finish reading it.
>> Everything has already been said.
>> All right. Thank you. Now,
>> what exactly are you interested in? First
the letter
>> two paragraphs at the end of page 211 were not finished
and at the beginning of page 212.
>> All right. Starting from which word? You would know better,
what you failed to finish reading, respected prosecutor.
>> Right,
Kagub Kirovles is one of the suppliers
of pulpwood and sawlog balance to
Salikansk BumProm. It has a supply quota
for 2 in the amount of 9,000 cubic meters.
In fact, Kirovles can can
supply this type of raw material
to Salikansk BumProm in the amount of 38,000
cubic meters per year. An increase in raw material supply quotas
can be achieved by removing from the chain
small suppliers and personal
intermediaries supplying timber products to
Salikanzmun. This proposal
will help enterprises in the timber industry
complex
of Kirov Region, including Kagub
Kirovles, increase their own
sales of the products they manufacture.
>> Excellent.
Right, on page 220 of the case file
there is essentially a duplicate of this
document, so I will not
read it out.
Right, 22
from Ofitserov to Navalny. April 1029. Hello.
The setup here is a funny one; otherwise
it will be much harder. For example, with the pulp-and-paper mill and
FK, the contracts will be on deferred payment terms. The deferral
may be 3 days, or it may be 30
days. Their volumes may range from 1,000
to 4,000 or more cubic meters. If it is
5 days, that's fine. But if it's 35, and we, for example, sign a contract
with SKL for 15 days, where are we supposed
to get the money?
So I decided it would be more convenient and
fairer at the first stage to make
an offer for each client. There are,
of course, a hell of a lot of them, but we'll manage.
That is, if the offer states that
the company Romashka
is supplied on prepayment terms, then within 5
days after the acceptance certificate I send the money
to the client. And if the deferral is 30 days, then
that means after 30 days. This is, of course,
a pain in the ass, but the thing is that here one
way or another, for each shipment there is made
an appendix on the technical
specifications, terms
of transportation, and so on. Therefore,
if payment is also included there, then that
will be more convenient, I think.
Right, on this page there is also a
message.
Right, page 224 of the case file. Ofitserov to Navalny
dated May 5. Hi, I'm already in Kirov, I'm in
shock. All our correspondence, uh, by SMS
was much more informative. It happened on the fly.
This is what Alexei will have to work with.
After yesterday's letter regarding
the consignees, it makes sense
to negotiate about global
cooperation so that we would transport all
200,000 cubic meters and bear responsibility
for those deliveries. I think you should
reach an agreement in principle there,
and then we will work out a detailed plan
for how and where to obtain these
200,000 cubic meters.
Right, here we have page 225
which also repeats the text already read out
earlier.
226
>> Pages 226 and 227 as well, I have already read out
these messages; they are repeated,
so I will not read them out in volume fifteen
that's all.
>> Does the defense side need anything from the documents, from
those that have just been read out, to be
read out further, apart from the attachments?
>> Your Honor, at this stage I am not ready
to answer that question.
>> The question is so that we do not have to return later
to it subsequently.
>> No. As for what the prosecutors have read out, we will not
be returning to that.
>> Not to that, but to this very same
document, the record of inspection of items
changes,
>> please. There, volume sixteen
only the ruling from the twenty-
>> from twenty. We still need to discuss there as well
it will be difficult.
>> I heard there is one document on pages
176, 177 of the case file
>> my computer
>> and also 144 to 168.
>> in volume sixteen. And
>> part of the appendix is missing.
>> part of the appendix. Right, continuing.
the inspection report is in volume sixteen, right?
So we will not move on to
the next one.
>> If the defense is interested in the page references
in the case file, you may note down those that will be
read out.
The appendix to the inspection report is on pages
of the case file from 1 to 143. Of these, the following will be
read out: 10, 11,
55,
from page 55 through page 66.
From page 67 through page 80,
from page 84 through page 86,
.
Case file pages 87, 88,
from page 93 through page 90
7,
from 101 to 102
and from 136 to 146.
>> That is the entire appendix to the inspection report. That is
the entire appendix to the report.
[inaudible]
They will give us a car with special signals so that we can get to
the train.
>> Please calm down first; transportation
connections are well developed here. I think, I think
ten minutes will be enough for us, after which
we will take a recess
or perhaps
>> or is there any point in starting at all, then,
if we are not going to finish,
>> perhaps then we should move everything to tomorrow at one o’clock after all?
move it?
>> All right,
>> perhaps tomorrow. Perhaps at one o’clock. The
court will decide. The court is now making its decision.
Let us
>> that is not for you to take upon yourself.
>> Right, we now move on to determining the schedule
of court hearings for June. Is the
defense ready to present its availability?
>> Start with Kofe.
Yours is the longest.
>> Could you pass it over
>> here? The document. These are copies of the court
summonses.
>> This is addressed to me for June 3, Monday,
next week. And here is a letter addressed to your
court from an investigator of the investigative division
of the transport department of the Ministry of Internal Affairs for the Central Federal District. And it is precisely
about the fact that I am participating in a case in
which the Article 217 stage is currently underway (the stage of reviewing the case materials), and
the investigator asks you to take this into account when
scheduling court hearings. Also, I have
tomorrow—you were considering tomorrow for this—I have
tomorrow at 2:00 p.m. in the Basmanny District Court (Moscow)
a motion will be considered regarding limiting
the time for reviewing the case materials. In short,
reviewing them.
>> there is information about that here.
>> There is information about that here. Yes, this is
a copy. If necessary, the investigators will send
a fax to the court, because this was sent to me
by email
as a photograph. I printed it out. It states that on May 31
2013, in the Basmanny District Court
of the city of Moscow, at 2:00 p.m.,
the investigator will file a motion to limit
the time allotted to the accused, Kamyshev,
for reviewing the case materials.
Also, for June 3, 2013, there is a submitted
court summons from the justice of the peace
of judicial district No. 54.
of the city of Moscow. Vadim Dmitrievich, please take a look at the copy
further. Right now
we have not looked at it; it states there that
Article 217 is underway and that from June 3 through the 17th
the investigator is asking me to appear. So, accordingly,
I also ask you not to schedule anything
from the 3rd through the 17th at all
during that period. Just take this into account so that
it is not back-to-back here and I can also
make it there in time.
Next.
Your Honor, at the present court hearing
I can only provide a certificate of
engagement, or rather anticipated engagement,
for June 3, 2013, June 5, 2013, and June 7
2013.
So, the certificate has been issued to the Leninsky District
Court of the city of Kirov
and confirms
the existence of
the possibility of conducting
investigative actions on the specified dates.
In addition, I ask, Your Honor,
the court.
It states that investigator for especially important cases
Vyatkin reports that attorney of the Moscow
City Bar Association, Dolet
Davydova Svetlana Viktorovna, has been summoned to
the Eastern Transport Investigative Department on the 3rd,
5th, and 7th of June to participate in investigative
actions in the case against Spirin under Article 162
part two. Next. Also, Your Honor, I do not
have those certificates with me at the moment, but
I am engaged on June 26
2013 in the Moscow City Court
for an appeal complaint in the interests of
the applicant Mikhail Mikhailovich Litvinov
against the ruling of the Basmanny District Court
of the city of Moscow dated May 8
2013, and on June 27
2013 I am engaged in the
Moscow Regional Court.
There will be jury selection
before Federal Judge Romanova
in the criminal case against Savina and
others. Accordingly, certificates of
engagement will be submitted afterward
after those court
hearings have taken place. I cannot provide them now.
>> We also have a hearing scheduled for June 19
on a complaint in the Basmanny District Court. The complaint
Navalny. Who do we have? Uh...
Navalny's defense and, accordingly,
Navalny's and his lawyers' complaint will be
heard in the Basmanny District Court
before Judge Dudar. At the moment I cannot
produce a document confirming this because
I was notified by phone
immediately before leaving for here. But
at the next court hearing, such a
document will be submitted.
On your part, on June 4 at 10:00 a.m., there will be
consideration of my complaint under Article 125
regarding the investigator's actions in the Basmanny
court, which, incidentally, refused
to hear the case concerning multi-billion-ruble
embezzlement at Sibneft, because all
its energy was spent on the Kirovles case. And
unfortunately, I do not currently have the
document with me, but my assistant is ready
to fax it to the court at any
moment—today, today, or tomorrow.
June 4 at 10:00 a.m., Basmanny Court. As for the fact that
the documents need to be submitted—we were still
talking about this last week.
>> Well, Your Honor, you know yourself how
hearings under Article 125 are scheduled. We barely
managed to pry this
certificate out of the clerk's office just now.
>> I understand, June 4, right?
>> At 10:00 a.m.
>> I see. Anything else, please? Well...
>> I only ask that you take into account: on June 10...
...oh, the nineteenth. The nineteenth.
All right,
understood.
>> I will immediately raise a question for resolution.
Still, if at least one of defendant
Navalny's lawyers can participate
in the case, can we hold hearings on those
days?
>> No, of course not, of course.
>> For what reason?
>> Well, it's a large case. The lawyers are
primarily Moscow-based. They have been involved in this
case from the very beginning. They know the entire
body of materials. They prepare all
procedural documents. Therefore, uh,
for us, in order to exercise our defense,
we have a certain strategy. Each
lawyer handles a specific part
of the work. I cannot manage without them, of course.
Is there a calendar? There is
a calendar—we do have a calendar.
Mm-hmm. A five-minute recess is being announced there.
I'll check against my schedule now.
All right, taking into account the lawyers' schedules,
I propose the following schedule: the 6th,
of June,
>> One second,
>> the 11th, the 13th, the 14th,
the 17th, the 18th, the 19th,
the 20th, the 21st, the twen...
>> Could you go a little more slowly? The 6th.
The 11th.
The 13th.
The 14th.
So, from the 17th through the 21st.
through the 21st.
The 24th and the 25th.
>> All right,
>> Your Honor.
>> Mm-hmm. We're listening.
The 6th would be very good,
but the thing is, I have an investigative
procedure on the 7th,
>> Yes?
>> My train arrives at 9:43
>> in the morning, right?
>> And getting to the place
where I need to be will take another
hour and a half.
Do you understand?
>> It's just that depending on what time you leave, you may not make it,
since everyone starts at 9:00 a.m.
And then to come for just one day...
>> For one day. That means
>> traveling two days and two nights for one day
of proceedings.
>> How much money does that cost?
>> No one reimburses our travel expenses,
Your Honor. What is this supposed to be?
>> If you collect the documents, then in the event
of an acquittal, everything will be reimbursed to you.
>> We will collect them for you. Well, you know,
>> these issues...
>> Let me just note, Your Honor, I have
the 5th.
>> I simply forgot to mention it. I have
the 5th as well. And
>> You already said the 5th? No, I have
another court hearing on the 5th in the
Domodedovo City Court of Moscow
Region, before Judge Lishenko. A criminal
case against Shaimov under Article 228.
Look, that's Domodedovo,
in Moscow Region. The point is
that I was notified about this
engagement on the day I left for Kirov.
This case reached the
court
rather late, unfortunately, so
I also risk, quite simply, on May 5
being late.
>> Let's include the 6th and move it to
a later day, simply, and that's all.
>> Well then, instead of the 6th, let's come in on the holiday, the 12th,
otherwise we'll just be sitting around here
in Kirov, it turns out. Well, based on
the proposed schedules,
it turns out that we would be staying here
for the holiday.
>> The 12th, yes, is a public holiday.
>> Since we're here anyway...
>> As it stands, look, you are
scheduling the 11th, the 13th,
and the 14th. What is the point of
staying on the 12th?
>> All right, any other proposals?
The nineteenth is when Navalny and his
defense lawyers
have an appeal hearing.
>> Well then, the seventeenth, eighteenth, twentieth, twenty-
first,
the eighteenth, twentieth, and twenty-first.
And how are we supposed to fit that in?
>> Also, on the fifth I have a hearing in
the Konevsky Court, and that hearing will not end
because it's impossible — I already have other commitments
that will overlap as well.
>> I understood you regarding the sixth.
As for the dates after that,
>> Your Honor, I ask you to take into account
that we live in a city 1,000 km away
from Kirov. And I come here with two
defense lawyers. Therefore, I ask you to take
into account that, first, this is an expensive
undertaking, and second, that if we have a hearing on the
nineteenth, then we leave here on the
eighteenth, dirty,
unwashed, and go to the Basmanny Court (a Moscow district court). Then from
the Basmanny Court we run straight back to the train
to come back here. That simply
isn't possible.
>> Let him arrive 15 minutes before the court
session.
>> Look, going forward, you've scheduled things very tightly
for the whole of June. The thing is,
right now I have only
submitted the certificates that
I currently have. But again, on the fifth
another hearing will begin, and
>> accordingly, we will provide you with the same kind of certificates
so that you can
>> Your Honor, you have a tightly packed weekly
schedule. What court is going to
adjourn for half a month for me? None.
>> But that's what you're proposing to me.
>> I'm proposing that we not adjourn for
half a month. I'm proposing at least that we not
schedule the days so densely. Why can't we
do it in the second half, given that we are
still people from out of town,
>> and hold hearings very intensively in the second
half of June.
I don't object to that either
either.
>> Well, that is essentially what he proposed, from the
seventeenth to the
— giving one day to return to Moscow.
>> Besides, everyone has some kind of life outside this.
We can't live on a train.
Finished.
The parties.
agree with the schedule that
has been proposed, that is, on the sixth
and so on. The fact that
the defendants and their lawyers live in Moscow
is not grounds to
adjust, so to speak, the schedule
of court hearings in their favor.
As for the proposal to come in on a day off,
that is, to hold a hearing on a public holiday.
Excuse me, we have personal lives too.
And accordingly,
when you say
you have a life, but for us spending our weekends here is somehow supposed to be fine?
Come on, everyone has
their own job, their own responsibilities.
>> Esteemed defense counsel,
>> I am—
>> We will work on the eleventh,
the thirteenth, and the fourteenth.
Then, depending on
the eleventh, the thirteenth,
the fourteenth. Then, depending on
what stage we are at,
either the seventeenth, or the eighteenth,
or the twentieth or twenty-first. That
will be decided on the fourteenth.
>> All right. Yes, yes.
>> Wait, hold on. The seventeenth,
the eighteenth, or the twentieth, twen-
ty-first.
>> Yes, we'll decide that on the fourteenth.
>> All right.
>> Then the twenty-fourth, the twenty-fifth.
>> Or the twentieth or twenty-first.
The twenty-fourth, the twenty-fifth, twen-
ty-fourth — quiet, quiet. Then the twen-
ty-fourth, the twenty-fifth. The twen-
ty-fourth is a Sunday — we'd have to come from Moscow,
>> maybe
>> better
>> then let's exclude the eleventh. Then
it will work out perfectly and conveniently for everyone.
I am more than sure that the representatives of the
prosecution would also agree to exclude the sixth, and
to exclude the eleventh as well.
>> Look, the eleventh is the only
working day — Sunday, and then
there's a holiday. Everyone, including the
prosecution, will be at their dachas (country houses). So why drag everyone out
when everyone is out digging? I don't know,
grilling shashlik (barbecue) or planting potatoes.
>> Planting potatoes.
>> Planting potatoes.
>> Well yes, if we could exclude the eleventh, then
>> then it would be absolutely ideal if
we exclude the eleventh.
Well, Your Honor, if we sit on the twelfth,
for a hearing,
>> I hear you, you've written down the dates,
>> there is very little left to examine, and
that's all.
>> One. Well, there will be
>> the defense side will present
evidence, and we will have time to present everything.
If we hold a hearing on the eleventh,
then all of us, it turns out, will be here together
spending a public holiday
while you'll go off for shashlik and everything else.
We don't even know where to go for shashlik.
>> All right, let's not. I
>> I already accommodated you on the sixth.
As for
>> the eleventh, please accommodate us on that at least.
>> So, on the eleventh.
>> And on the thirteenth or fourteenth we can
stay longer until—we would have to
be here on the eleventh and remain on the twelfth.
Remain. The Labor Code.
>> The Labor Code. Yes.
>> So,
>> But why do we need to stay here deliberately
at all? We can't go back. That's
the situation we have.
>> So it turns out we're staying here on the twelfth
here. Extra hotel expenses again,
once more.
>> Yes.
>> Honestly, this is like kindergarten.
You are asking me,
>> I am making this decision on the basis that
in principle this is your right, including
the right to have the case considered within a reasonable
time. I understand, yes. You are saying that
the timing does not concern us, we are ready
to wait. But you are not saying that, so I am
setting it for the eleventh so as not to
drag things out.
>> Well, if it's the eleventh, then we'll have to stay here on the twelfth
as well.
>> Well, the thirteenth, the fourteenth. There,
take that, please.
>> We too, like the prosecutor, want to go home.
We also have some kind of private life.
>> Everyone has children. There is not a single person on the defense team who
doesn't have children.
>> I have two, for example. I would kind of like
to see them on the twelfth, if possible.
Besides, once again, I,
of course, understand that our finances are of no interest to you,
but every extra day, everyone
has to stay in a hotel. And that hotel
has to be paid for. If I am
acquitted, which I do not doubt, will the budget
of Kirov Oblast (a region of Russia), or the court's budget,
go bankrupt—or whoever it is, the Ministry of Justice, pays for
this?
>> No, not for the first time. Let's do this.
Let's say the eleventh, the thirteenth,
the fourteenth, the seventeenth, the eighteenth,
or the twentieth, the twenty-first,
the twenty-fourth, the twenty-fifth.
>> Everyone has fallen ill.
I ask for some respect—could we, could we
find some kind of compromise then?
>> Maybe then. Ah, well, yes,
the eleventh.
>> Then maybe, perhaps the tenth
...what's the point, damn it?
>> And what do you want, from the tenth to
the fourteenth? I want the tenth, maybe
the tenth and the eleventh then.
>> Right. Maybe the ninth and the eleventh,
>> and then the next time after that.
>> And then after that, the seventeenth.
>> But you yourself said the tenth.
Kobelev is busy, and he is carrying out
certain duties of his own, including
with regard to
>> But you are also busy on the tenth.
>> I'll deal with my own schedule. Let's
>> they are all performing some function.
Let's look for a compromise.
>> We are proposing a compromise: your
tenth.
>> But we are not
>> I have no objection to the tenth and the eleventh.
>> Let's do the tenth and the eleventh, and then
next time the seventeenth.
>> Well, would you agree to proceed without lawyer
Kobelev? Well, yes, yes, I agree.
Good.
Then, the tenth and the eleventh,
well, and then
>> the seventeenth. No, then let's
decide afterward whether we will be able to work
on the thirteenth or fourteenth.
I suggest, after all, not buying tickets for
the eleventh, and then
the seventeenth-eighteenth, or the twentieth and
twenty-first, then the twenty-fourth and twenty-
fifth. Accordingly, in the court session
a recess is declared until 9:00 a.m. on June 10,
2013.
All right. Yeah.
