Text version
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The court.
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The hearing is open. In the Leninsky
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District Court, the consideration continues
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of the criminal case against Navalny
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and Ofitserov. The parties have appeared at the hearing.
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Attorney Kobelev is absent.
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Can we continue the hearing in the
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absence of counsel?
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>> Yes, we can,
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>> yes, we can.
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>> Ms. Davydova, counsel. Your opinion?
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>> Yes, Your Honor. We can.
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>> Prosecutor, your position.
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>> No objection.
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>> No objection. Your Honor, the court has ruled
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to continue considering the criminal case
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in the absence of attorney Kobelev.
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So,
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we continue.
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We will continue examining the written
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materials of the case.
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>> Your Honor, before we proceed to
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continue examining the written
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materials of the case, counsel for Ofitserov
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has a statement: we would like
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to bring the following information to the court's attention. Yes.
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The matter is that our client,
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Pyotr Yuryevich Ofitserov, regularly receives
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telephone calls saying that he has allegedly
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made hotel reservations in
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the cities of Vologda, Volgograd, Nizhny
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Novgorod, and Rostov-on-Don.
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We want to inform the court
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that Ofitserov is in fact not
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violating the terms of his undertaking not to leave the area
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and to maintain proper conduct. He is making no trips
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to the above-mentioned cities, or to
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any other cities apart from Kirov; my
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client is not planning any such travel. Therefore, if
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the court receives information
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that Ofitserov has allegedly
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been booking hotels in
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various cities of the Russian Federation,
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or purchasing tickets to those cities
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in the Russian Federation, that information
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is false, because in fact
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our client
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is not violating the terms of his undertaking not to leave,
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and does not intend to violate them.
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>> No such information has been received by the court. At
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the hearing, the defendant Ofitserov
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is present, and at present there are no grounds
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to believe that the chosen preventive measure
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is being violated. No, is that all?
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>> Yes, for now. Yes.
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>> We move on to examining the case materials,
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please.
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Now then, the court will immediately address the issue,
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since today it is planned to examine,
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including
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um, the inspection report concerning the listening to
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audio recordings,
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and the inspection report concerning physical evidence.
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In addition, in the materials of the criminal
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case there is also, as physical evidence,
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an audio recording of telephone
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conversations. In accordance with Article
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241 of the Criminal Procedure Code,
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correspondence, recordings of telephone conversations,
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other conversations, telegrams, postal and
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other messages of persons may be
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disclosed in an open court hearing
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only with their consent. Otherwise,
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a closed court hearing must be held,
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therefore I ask defendant Ofitserov,
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defendant Navalny, whether we may
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examine them.
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>> Your Honor, my view differs from counsel's,
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who
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>> Your Honor, I believe that at this
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stage, discussion of this issue
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is premature for the following reason:
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the defense for Navalny and Ofitserov intends
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to file a motion to have
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the said evidence declared inadmissible.
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And when will that be?
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>> After that, after we first, right now,
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make another
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motion.
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>> You want to make some motion now? We
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>> We will make one now, and regarding the wiretapping/listening materials we
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will make our motion after you decide this
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one, because depending on how you
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rule on this motion,
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it will, generally speaking, determine whether it is worth
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raising anything further. Essentially,
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in your view,
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to have the evidence declared inadmissible,
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these reports should not be examined.
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>> Ah, Your Honor, the motion that I
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am about to make now,
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right now, concerning inadmissibility, it
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specifically states that they should not be
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examined. If you allow me, I will
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>> please,
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>> make it, and then you can rule on it
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after it has been made and
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discussed by the parties.
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>> Well, I understand. To the Leninsky District Court
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of the city of Kirov, to Federal Judge
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Blinov, from attorneys Mikhailova, Kobzev,
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and Davydova, for the defense of Navalny and Ofitserov:
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motion to declare evidence
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inadmissible.
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On May 20, 2013, the prosecution
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filed a motion to examine as
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evidence the following
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materials from the criminal case charging
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Navalny and Ofitserov: the order on
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the submission of the results
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of operational-search activities by the investigator, dated June 13, 2011, volume
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12, case file page 4; cover letter
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sending the results of operational-search activities, volume 12, case
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file page 5; order on the submission
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of the results of operational-search activities by the investigator, dated August 1,
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2011, volume 12, case file page...; report
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of the operative officer of the Department for Economic Security and Anti-Corruption
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for Kirov Region, Senior Lieutenant
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Mashkovtsev’s report dated August 1, 2011, with
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attachments, Volume 12, case file 828. The defense
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notes that in fact, in Volume
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12, file sheet 5 contains the report of the operational
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officer of the FSB Directorate for Kirov
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Region, Senior Lieutenant Mashkovtsev,
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dated June 13, 2011, and not a cover
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letter forwarding the results of operational-search activities, as
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indicated in the list of materials submitted
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by the prosecution.
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The defense insists on the inadmissibility
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of the said resolutions on the submission
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of the results of operational-search activities
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as well as the reports, and on the impossibility of their
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examination at the court hearing as
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evidence on the basis of
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Part 1 and Point 3 of Part
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2 of Article 75, as well as
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Article 89 of the Criminal Procedure Code of the Russian Federation. The defense notes that when
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submitting the results of
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operational-search activities, the following
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significant
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violations of the law were committed, rendering the very
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resolutions on the submission
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of the results of operational-search
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activities dated June 13, 2011, and August 1
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2011 inadmissible
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as evidence, and consequently
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the results submitted together with those resolutions
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are likewise inadmissible evidence,
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namely the results
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of operational-search activities. As
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can be seen from the resolutions of the head of the FSB Directorate for
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Kirov Region, Major General
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Trushkin, on the submission of the results of
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operational-search activities dated June 13,
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2011, and August 1, 2011,
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Volume 12, file sheets 4 and 7, in
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accordance with the instructions of investigators
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of the Investigative Directorate of the Investigative
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Committee of the Russian Federation for
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Kirov Region, a certain
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set of operational-search measures was carried out.
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The data on this, namely the report dated June 13,
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2011, Volume 12, file sheet 5, and the report with
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attachments dated August 1, 2011, Volume
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12, file sheet 828, were placed at the
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disposal of the investigator, as stated in the
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resolutions on the submission
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of the results of operational-search activities. When issuing them,
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the head of the FSB Directorate for Kirov Region
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was guided by the requirements of
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the Federal Law
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"On Operational-Search Activities,"
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and the Instruction on the procedure for submitting
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the results of operational-search
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activities, approved by the joint order of
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the Ministry of Internal Affairs of the Russian
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Federation and the Federal Security Service
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of the Russian Federation dated April 17,
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2007, No.
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368/175/164/4181/32/14/7/47.
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This order approved the Instruction on the procedure
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for submitting the results
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of operational-search activities to an inquirer,
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an inquiry body, a prosecutor, an investigator, and to
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the court. This order was registered on May 7,
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2007 under registration No. 9407.
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According to Point 3 of the said Instruction,
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the legal basis for submitting
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the results of operational-search activities to an inquirer, an inquiry body,
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an investigator, a prosecutor, and to the court
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is the Constitution of the Russian
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Federation, the Federal Law
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"On Operational-Search Activities," the Criminal Procedure Code of the Russian Federation, and
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other regulatory legal acts. Speaking of
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the inadmissibility of the evidence attached to the investigation,
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namely the resolutions on
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the submission of the results of operational-search
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activities dated June 13, 2011, and August 1,
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2011, as well as the reports dated June 13,
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2011, and August 1, 2011, Volume
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12, file sheets 4, 5, 7, 8, and 28, by virtue of Part
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1 and Point 3 of Part
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2
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of Article 75 of the Criminal Procedure Code of the Russian Federation, the defense notes that
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Article 50 of the Constitution
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of the Russian Federation guarantees that
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evidence must be declared
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inadmissible if, in obtaining or
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preserving it,
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any violation of federal law was committed.
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Therefore, evidence obtained
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as a result of the improper submission
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of the results of operational-search
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activities, as well as as a result of
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operational-search measures
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carried out in violation of the law, must
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be recognized as inadmissible. According
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to Point 7 of the said Instruction,
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the results of operational-search
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activities are submitted in the form
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of a report on the discovery of signs
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of a crime, or in the form of a communication on
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the results of operational-search
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activities. As can be seen from the text of the
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resolution on the submission
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of the results of operational-search
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activities dated June 13, 2011, and from
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the text of the resolution on the submission
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of the results of operational-search activities
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dated August 1, 2011, Volume 12, file
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sheets 4 and 7, the head of the FSB
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Directorate of Russia for Kirov Region submits
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to the investigator the report dated June 13,
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2011, on one sheet, and the report dated August 1,
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2011, on one sheet,
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with an attached document of twenty
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sheets. As can be seen from the report of the operational
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officer of the FSB Directorate of the Russian Federation for Kirov
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Region, Senior Lieutenant Mashkovtsev,
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dated June 13, 2011, and from the report of the same operational
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officer dated August 1, 2011, Volume
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12, file sheets 5 and 828.
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The said reports were prepared by him based on
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the results of a set of operational-search
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measures aimed at
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establishing the circumstances of the committed
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of a crime. Thus, these
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reports are not reports on the
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discovery of signs of a crime and do not
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constitute a report on the results of
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operational-search activities.
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Consequently, in submitting to the investigator
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under the resolutions dated June 13, 2011, and
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August 1, 2011, Volume 12, case file 4
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there is a report by an operational officer
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of the FSB Directorate for Kirov Region, Mashkovtsev
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Volume 12, file 5, sheet 828, the head
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of the FSB Directorate for Kirov Region violated
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the requirement of paragraph 7 of the Instruction in
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that the prescribed form for submitting
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the results of operational-search
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activities was not observed. Moreover, pursuant to paragraph
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8 of the Instruction, in the event that
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the results of operational-search
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activities are submitted in the form of
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a report on the discovery of signs
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of a crime, the report must be
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registered.
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As for the reports proposed for examination
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in Volume 12, file 5, sheet 828,
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they contain no information about their
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registration. At the same time, the said reports
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are signed by an operational officer of the FSB Directorate
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for the region. However, the reports were submitted to the investigator
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by the head of the FSB Directorate for Kirov
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Region. It should be noted that
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the reports in question do not contain
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any indication of to whom they were addressed,
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by whom they were originally submitted, or by whom and
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when instructions were given to the FSB operative of Kirov
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Region, Senior Lieutenant Mashkovtsev,
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to carry out
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operational-search measures, or by whom and
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when they were sent to
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the head of the FSB Directorate for Kirov Region.
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Also, the submitted documents do not
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show that the investigator's instruction
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from the Investigative Committee for Kirov Region, addressed to
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the head of the FSB Directorate for Kirov Region, was
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even registered with the FSB Directorate for
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Kirov Region and forwarded for
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execution to any particular official.
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In Volume 12, section 1, the above-cited
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report of the operational officer of the FSB Directorate for
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Kirov Region, Senior Lieutenant
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Mashkovtsev, with attachments dated June 13, 2011,
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and August 1, 2011, Volume 12, file
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sheet 828
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contains no information whatsoever
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indicating the source from which
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the information set out therein was obtained, nor does it indicate
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how
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the documentary attachments to the report of
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August 1, 2011, consisting of twenty pages, were obtained, which
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constitutes a violation of paragraph 7
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of the above-mentioned Instruction on the procedure for
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submitting the results of
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operational-search activities. In
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view of the foregoing circumstances,
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the defense also considers it appropriate to refer
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to the clarification of the Constitutional Court
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of the Russian Federation that
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the results of operational-search
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activities are not, in themselves,
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evidence in a case. Thus, according to
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paragraph 2.1 of Ruling No. 448 of the Constitutional Court of the Russian Federation dated November 24,
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2005,
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the results of operational-search measures are not
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evidence, but merely information about
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the sources of those facts which, if
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obtained in compliance with the requirements
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of the federal law on operational-search activity, may become
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evidence only after
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being formalized through proper procedural
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means.
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In this case, the formalization
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of the alleged evidence
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through proper procedural
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means did not take place; this requirement was not met.
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Moreover, the report of the operational officer of the
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FSB Directorate for Kirov Region, Senior
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Lieutenant Mashkovtsev, dated June 13, 2011,
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and the report with attachments dated
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August 1, 2011, Volume 12, section 5,
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sheet 828, do not constitute other
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documents within the meaning of paragraph 6 of part
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2 of Article 74, since they do not comply
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with the requirements imposed on such documents by Article
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84.
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The said report cannot be
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recognized as a document within the meaning of Article
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84, because part 2 of that
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provision establishes the requirement that
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other documents must be obtained,
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requested, or submitted in the manner
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established by Article 86 of the Criminal Procedure Code of the Russian Federation, that is,
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in the course of criminal proceedings
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by an inquiry officer, investigator, prosecutor,
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and the court through the conduct of investigative
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and other procedural actions
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provided for by the Criminal Procedure Code.
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In addition, attached to the report of August 1, 2011,
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are documents totaling twenty
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pages. And as can be seen from the resolution
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on the submission of the results of operational-search activity dated
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August 1, 2011, these 20 pages were placed
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at the investigator's disposal, Volume 12, file
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7, sheet 828.
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At the same time, neither the resolution on
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the submission of the results of operational-search activity dated
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August 1, 2011, nor the report dated
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August 1, 2011, contains any information
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as to when and under what circumstances
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the documents attached to the report, totaling
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twenty pages, were obtained. This
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circumstance constitutes a violation of
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paragraph 17 of the above-mentioned Instruction.
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Specifically, under paragraph 17 of the Instruction,
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information about the time, place,
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and circumstances of obtaining
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the attached materials or documents
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obtained during operational-search measures, must
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be reflected in the report. No such
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information is reflected in the report.
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Thus, the head of the FSB Directorate of Russia
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for the Kirov Region failed to comply with
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the procedure for submitting the results of operational-search activity,
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and the operative officer of the FSB Department for
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the Kirov Region, Senior Lieutenant
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Mashkovtsev, violated the requirements
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applicable to the drafting of reports and
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materials to be submitted to the investigator.
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According to paragraph 21 of the above-mentioned
13:45
instruction, the results of operational-search activity must
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contain references to the specific
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operational-search measures during which
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the evidence was obtained.
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Meanwhile, in the descriptive part
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of the order on the submission
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of the results of operational-search activity dated June 13, 2011, and
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dated August 1, 2011, volume 12, sheet
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of the case 7, in violation
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of the requirements of paragraph 21 of the instruction, there is no
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indication of which
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specific operational-search measures were carried out; instead,
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the said documents contain
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references to a certain set of
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operational-search measures.
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The reports dated May 13, 2011, and
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August 1, 2011, volume 12, case sheets 5, 828,
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also do not contain information about
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which specific operational-search
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measures were carried out within the framework of
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the set of measures referred to in the said orders
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of operational-search activities.
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It should be noted that by joint
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order of the Ministry of Internal Affairs and the FSB dated April 17, 2017,
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the number of which is indicated above, an instruction was approved
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on the procedure for submitting the results of operational-search activity,
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as well as Appendix No.
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1.3. As can be seen from Appendix No. 1,
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the report on the results
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of operational-search activity must
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contain information on where, when, as a result of which
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specific
14:55
operational-search measure, and
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what exact results were obtained, by whom
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and when the
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operational-search measure was authorized.
15:03
At the same time, in the attached materials submitted for examination,
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namely in the descriptive
15:06
part of the order on the submission
15:08
of the results of operational activity
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dated June 13, 2011, and August 1, 2011,
15:13
as well as in the reports dated June 13,
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2011, and August 1, 2011, there is no
15:19
information as to when and by whom
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the specific
15:22
operational-search measure was authorized, in
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this case, the set of
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operational-search measures, as a result of which
15:28
the information was obtained
15:29
that is being submitted by this
15:30
order.
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It should also be noted that according to
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Appendix No. 1 to the said instruction,
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the document to be sent to
15:36
the investigator must set out in detail
15:39
the listed materials, and must also indicate
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information about the time, place, and
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circumstances of their seizure. Meanwhile, in
15:45
the order. Meanwhile, the order on
15:48
the submission of the results of operational-search activity dated June 13,
15:50
2011, and August 1, 2011, volume
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12, case sheet 7, does not contain
15:57
a detailed list of the documents
15:58
submitted to the investigator. Moreover,
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the report proposed by the prosecution for
16:02
examination, namely the report dated
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August 1, 2011, volume 12, case sheet 828,
16:08
does not contain a detailed list
16:09
of the documents indicating the time, place, and
16:11
circumstances of their receipt.
16:14
Thus, in the operative part
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of the order on the submission
16:17
of the results of operational-search activity dated August 1, 2011,
16:19
volume 12 of the case states the following:
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to submit the results of operational
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activity concerning the infliction of
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property damage to KOGUP Kirovles
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in the form of a one-page report, with
16:29
attached copies of documents on twenty
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pages. In violation of the instruction, the
16:33
said order does not provide
16:34
a list of those documents on twenty
16:36
pages that are being submitted
16:37
to the investigator together with the one-page
16:39
report.
16:45
In addition, the report proposed for examination
16:47
dated June 13, 2011, volume 12 of the case,
16:51
also does not contain information about the place,
16:52
time, and circumstances of obtaining
16:53
the information stated in it. These
16:56
reports were submitted to
16:57
the investigator on the basis of the orders of the
16:58
head of the FSB for the Kirov Region dated
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June 13 and August 1, 2011. Taking into account
17:03
the above arguments, the defense comes to
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the conclusion that the proposed
17:06
results submitted for examination
17:07
of operational-search activity and
17:09
the results of operational-search
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measures were not properly documented
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because they were obtained in violation of
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the law.
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On the basis of the foregoing, pursuant to
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Articles 53, 248, 75, and 89 of the Criminal Procedure Code of the Russian Federation, we ask the court
17:25
to declare inadmissible, among the evidence subject to
17:26
examination at the court hearing,
17:27
the following evidence:
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the order on the submission
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of the results of operational-search activity to the investigator dated June 13,
17:33
2011, volume 12, case sheet; the report
17:36
of the operative officer of the FSB Department for the Kirov
17:38
Region, Senior Lieutenant Mashkovtsev,
17:40
dated 2011, volume 12 of the case;
17:44
the order on the submission
17:45
of the results of operational-search activity to the investigator dated August 1,
17:47
2011, volume 12 of the case; the report of the operative
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officer for the Kirov Region
17:53
Senior Lieutenant Mashkovtsev dated 1
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August 2011 with attachment, volume 12.
17:57
Case file 8–28: the motion is signed
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by three defense attorneys: Mikhailov, Kobsov.
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Davydov, dated May 21, 2013.
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I ask that the motion be attached to
18:08
the criminal case file.
18:13
>> A clarifying question: you yourself state in
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your motion that these are not other
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documents, that is, not other
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forms of evidence, and are not
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evidence; they are merely
18:23
procedural documents, not
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drawn up within the framework of operational-search
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activities.
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And yet you ask that they be declared inadmissible
18:30
as evidence. Isn't that contradictory?
18:32
>> Your Honor, there is no
18:33
contradiction here. In the motion cited, the defense
18:35
which, generally speaking, we ask the court
18:37
to consider, states that these
18:39
orders and reports are
18:41
inadmissible evidence because
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in obtaining, recording,
18:47
and preparing the submission, there were violations of
18:49
the requirements of the relevant order and
18:51
the instruction governing the submission of
18:53
information from operational-search
18:54
activities. In addition,
18:56
the defense notes that, apart from these
19:00
arguments, these reports and results,
19:03
yes, of operational activities, they
19:05
in fact do not even qualify as other documents.
19:06
And, accordingly, for that reason as well,
19:08
they also should not
19:10
be examined in the court
19:11
hearing. This motion, as it were, consists of two
19:13
parts.
19:17
>> So, after all, you are asking that they be declared
19:19
inadmissible—just a second.
19:23
We ask that the specified evidence be declared
19:24
inadmissible. And when deciding the issue
19:27
in the deliberation room regarding the recognition of
19:29
this evidence as inadmissible, we
19:31
also ask that the court take into account those
19:33
circumstances that we have just
19:35
discussed concerning other documents and the
19:38
position of the Constitutional Court of the Russian
19:39
Federation.
19:40
>> I see. Later, you will file a motion for
19:41
the recognition as admissible of evidence,
19:43
inspection records, and physical
19:45
evidence. Perhaps,
19:47
>> wouldn't it be better to do that right away?
19:50
>> Your Honor, but what if you grant this
19:52
motion?
19:55
>> Understood.
19:57
Does the defense side and the defendant support it?
19:59
>> I fully support my lawyer.
20:03
>> Defense counsel's position?
20:08
>> The prosecution's position. Do you need
20:11
time to prepare? Your Honor, our
20:13
position here has not changed. We believe
20:15
that only after examining the
20:17
evidence can an assessment be made of whether
20:20
it is admissible or not.
20:24
The court, uh, is obliged to rule on your
20:27
motion, but first these
20:29
documents need to be read out,
20:32
therefore I ask that these documents on
20:35
the specified pages of the case file be announced: volume 2, pages 3, 4, 5, 7, 8.
20:42
Without examining
20:44
the texts of these documents, it is impossible
20:46
to make a decision.
20:48
>> Yes. Twelfth
20:55
from volume three.
20:58
Cover letter from the head of the
21:00
directorate, Major General
21:04
of the directorate for Kirov Region, addressed to the
21:07
head of the investigative department of the Investigative
21:08
Directorate for Kirov Region, dated
21:10
June 13, 2011, No. 3/b-2260, regarding
21:14
the results of operational-search
21:15
activities, states that, guided by
21:18
Article 11 of the Federal Law of August 12,
21:20
1995,
21:22
No. 144-FZ, On
21:24
Operational-Search Activity,
21:26
we are sending to your address the results of
21:27
operational-search activities for
21:28
use as evidence in criminal case
21:30
No. 2011/716811,
21:33
obtained in June 2011 by officers of the
21:35
FSB of Russia for Kirov Region in the course of
21:36
carrying out a set of
21:38
operational-search measures,
21:39
namely information-gathering, in execution of
21:41
the investigator's instruction to conduct
21:43
operational-search measures. In the course of the
21:44
measures, the place of registration
21:46
and actual residence of Navalny in
21:47
the city of Kirov, Kirov Region,
21:49
as well as the premises in his use,
21:51
his subscriber phone numbers, as well as
21:52
the subscriber phone numbers of persons within the
21:54
circle of Navalny's contacts. Attached to this
21:56
communication are the order on
21:57
the provision of the results of
21:58
operational-search activities
21:59
to the inquirer, body of inquiry,
22:01
investigator, prosecutor, and court, on one
22:03
page, as well as a report on one page.
22:07
This is also volume four.
22:08
Order on the provision of
22:11
the results of operational-search
22:12
activities to the inquirer, body of
22:13
inquiry, investigator, prosecutor, or
22:15
court, dated June 13, 2011, city of Kirov.
22:18
The head of the directorate of the Federal Security
22:19
Service of the Russian Federation for
22:20
Kirov Region, Major General Trushkin,
22:23
established that, in accordance with
22:24
the instruction of the investigator of the
22:25
Investigative Directorate of the Investigative Committee
22:26
of the Russian Federation for Kirov
22:28
Region in criminal case No. 2011/
22:29
7136811,
22:31
in June 2011, officers of the FSB of Russia
22:33
for Kirov Region, in the course of, in the course of
22:35
carrying out a set of operational-search
22:37
information-gathering operational measures
22:39
the place of registration was established
22:41
of Navalny’s actual residence in
22:42
the city of Kirov, Kirov Region
22:43
that were in his use and possession
22:45
the subscriber numbers used by Ofitserov, as well as
22:46
the subscriber numbers of persons within the circle
22:48
of Navalny’s and Ofitserov’s contacts. These
22:50
operational-search activity results may be used and
22:52
entered as evidence in the said criminal case.
22:54
Having taken the above into account and
22:55
being guided by Article 11 of the
22:57
Federal Law of August 12, 1995
22:59
No. 144-FZ on operational-search
23:02
activity, and by Clause 10 of the Instruction on
23:03
the procedure for submitting the results of
23:05
operational-search
23:06
activity to the inquiry officer, body of inquiry,
23:08
investigator, prosecutor, or court, I hereby order
23:10
that the Investigative Directorate
23:11
of the Investigative Committee for Kirov
23:12
Region be provided with the results of operational-search
23:14
activity concerning the infliction of
23:16
property damage to KOGUP Kirovles
23:17
in the form of a one-page report signed
23:20
by the head of the directorate, Toshkin
23:23
excuse me, by his deputy
23:29
case file sheet five, in accordance with the report
23:31
in accordance with the investigative instructions
23:33
No. 2011/71306811
23:36
a set of
23:37
operational-search measures was carried out,
23:38
aimed at establishing
23:39
the circumstances of another crime during
23:41
the course of 2009. Navalny’s contact numbers.
23:44
Telephone numbers: 8 985 761 6476
23:48
and also 8 965 206 3083. He was registered
23:53
at the building of the Kirov Region government
23:54
located at the address: Kirov
23:55
Karl Liebknecht Street, 69; in fact, he resided at
23:58
a rented apartment at: Kirov
23:59
Oktyabrsky Prospekt, building 155, apartment 55
24:02
second entrance, seventh floor. A group of persons was identified
24:04
with whom Navalny and Ofitserov communicated and continue to communicate
24:05
Navalny and Ofitserov
24:07
Navalny’s wife — the following telephone numbers are indicated
24:09
8 916 6468 5790, as well as 8 912 375 7767
24:15
Navalny’s mother — telephone number 8 985 766
24:20
670; Ofitserov — 8 922 952 9865
24:27
and 8 903 509 5908, 6398
24:32
8 903 726 0251
24:35
Gaidar — 8 909 429 494
24:40
8 912 734 0671
24:42
1; 8 963 550 9945
24:47
Tyshlek — 8 922 668 476, 8 912 732 5127
24:54
home telephone: 547896
24:58
Shcherchukov — 8 912 826 9901
25:02
Belykh — 8 912 826 0922
25:07
442 2442
25:10
8 902 472 27407
25:14
Katankina — 8925
25:16
518 6656, 8 912 826
25:21
668
25:23
Vakulin — 8 909 138 9177; Mikheev — 8 912 827
25:30
7589
25:31
Lunpo — 8 922 955 6969. To establish
25:36
the actual place of residence and work
25:37
of Navalny and Ofitserov in the city of Moscow at
25:39
the present time has not proved
25:40
possible. During the course of conducting
25:42
operational-search measures, information
25:44
on movable and immovable property,
25:45
bank accounts,
25:46
founding interests in commercial
25:47
organizations of Navalny and Ofitserov was not
25:49
obtained. If other
25:50
circumstances of the committed crime are obtained,
25:52
we will report additionally. Report signed
25:54
by Mashkov, operative officer of the FSB of Russia for
25:58
Kirov Region, Senior Lieutenant, June 13
25:59
2011, under No. 3/679
26:04
dated June 13, 2011.
26:10
Now then. Case file seven. Resolution on
26:13
the submission of results of
26:14
operational-search activity to the inquiry officer
26:15
body of inquiry, investigator, prosecutor, or
26:17
court. City of Kirov, August 1, 2011
26:20
the head of the Directorate of the Federal Security
26:21
Service of the Russian Federation for
26:23
Kirov Region, Major General Trushkin
26:25
established that, in accordance with
26:26
the instruction of the investigator of the Investigative
26:27
Directorate of the Investigative Committee
26:28
of the Russian Federation for Kirov
26:30
Region in criminal case No.
26:31
2011/7136811
26:33
in June 2011, in the city of Kirov
26:35
officers of the FSB of Russia for Kirov
26:37
Region, in the course of carrying out a set of
26:39
operational-search information-gathering
26:41
measures, obtained copies of the minutes
26:43
of the meeting of the working group of the government
26:44
of Kirov Region on the evaluation of
26:45
the effectiveness of the activities of the State Unitary Enterprise
26:47
Kirovles for 2009–2010, which
26:50
may be used as evidence in
26:51
the above-mentioned criminal case.
26:53
Taking the above into account
26:55
and being guided by Article 11 of the Federal
26:56
Law of August 12, 1995 No. 144-FZ
27:00
on operational-search activity, Clause
27:03
10 of the Instruction on the procedure for submitting
27:04
the results of operational-search
27:05
activity to the inquiry officer, body of inquiry,
27:07
investigator, prosecutor, or court
27:10
I hereby order that the following be submitted to the Investigative
27:12
Directorate of the Investigative Committee for
27:13
Kirov Region: the results of
27:14
operational-search activity
27:15
concerning the infliction of property
27:16
damage to Kirovles, in the form of a report on
27:18
one page, with attached copies of
27:19
documents on twenty pages. Thus,
27:23
volume twelve, case file sheets 8–28
27:28
there, on sheet eight, a report
27:31
signed by the operative officer
27:33
of the FSB for Kirov Region, Mashkov, dated August 1
27:36
2011, under No. 3/2627
27:39
dated August 1, 2011, contains
27:42
the following information in accordance with
27:44
investigative order No.
27:46
2011/7136811
27:48
we carried out a set of
27:49
operational investigative measures
27:51
aimed at establishing
27:52
the circumstances of the crime committed.
27:54
As a result, copies of the following
27:55
documents were obtained. Minutes of the meeting of the working
27:57
group on evaluating the effectiveness
27:58
of the activities of the Kirov State
28:00
Enterprise Kirovres, dated October 7, 2009,
28:03
in one copy, consisting of two
28:05
pages. Minutes of the meeting of the working
28:07
group on evaluating the effectiveness
28:08
of the activities of the Kirov State
28:10
Unitary Enterprise Kirovlesk, dated November 11,
28:12
2009, in one copy, consisting of
28:14
two pages. Minutes of the meeting
28:16
of the working group on evaluating the effectiveness
28:18
of the activities of the Kirov State
28:19
Unitary Enterprise Kirofres, dated December 2,
28:22
2009, in one copy, consisting of
28:24
two pages. Minutes of the meeting
28:26
of the working group on evaluating the effectiveness
28:27
of the activities of the Kirov State
28:28
Unitary Enterprise Kiropres, dated December 10,
28:31
2009, in one copy, consisting of
28:33
two pages. Minutes of meeting No.
28:34
2 of the working group on evaluating
28:36
the effectiveness of the activities of the Kirov
28:37
Regional State Enterprise
28:38
Kirov Les, dated September 8, 2009, in
28:41
one copy, consisting of two pages.
28:43
Minutes of meeting No. 2 of the working
28:44
group on evaluating the effectiveness
28:46
of the activities of the Kirov Regional
28:47
State Enterprise Kirovlesk
28:49
dated September 17, 2009, in one
28:51
copy, consisting of two pages. Minutes
28:53
of the meeting of the working group on evaluating
28:54
the effectiveness of the activities of the Kirov
28:56
Regional State Unitary
28:57
Enterprise Kirovles, dated December 22, 2009,
28:59
in one copy, consisting of two
29:01
pages. Minutes of the meeting of the working
29:03
group on evaluating the effectiveness
29:04
of the activities of the Kirov Regional
29:05
State Unitary Enterprise
29:06
Kirovles, dated February 4, 2010, in one
29:10
copy, consisting of four pages.
29:11
Minutes of the meeting with the participation
29:13
of the technical council of forestry enterprise directors
29:15
on the issue of reforming KOGUP Kirov
29:16
Les, dated March 18, 2010, in one
29:19
copy, consisting of two pages, and
29:21
the following minutes are specifically indicated: the first
29:26
on sheets 9–10.
29:29
The minutes were approved by the Deputy
29:31
Chairman of the Regional Government
29:32
Cherchkov. Meeting No. 2 of the working
29:35
group on evaluating the effectiveness
29:36
of the activities of the Kirov Regional
29:37
State Unitary Enterprise
29:38
Kirovles. The meeting was chaired by Sergei
29:41
Vladimirovich Shcherchkov, Deputy Chairman
29:42
of the Regional Government, head
29:43
of the working group. Present were members
29:45
of the working group: Arzamastov, Director
29:46
of the Department of State Property of Kirov
29:48
Region; Belousov, Acting Head
29:50
of the Department of Forestry
29:51
of Kirov Region; Gorgieva, adviser
29:53
to the office of the Deputy Chairman
29:55
of the Regional Government; Navalny, adviser
29:56
to the Regional Governor; Severkhin, Director
29:58
of the Regional State Institution
29:59
Kirovlescenter; Tyshlik, Acting
30:02
Director General of the Kirov
30:03
Regional State Enterprise
30:04
Kirovlesk; invited participant Akatyev,
30:08
Deputy Prosecutor of Kirov Region.
30:10
Agenda: on the terms of reference
30:11
for conducting an audit of the activities
30:12
of KOGUP Kirovles. Second issue: repayment
30:15
of wage arrears at
30:16
KOGUP Kerofles.
30:18
Resolved: the Acting
30:19
Director General of KOGUP Rafles, Tyshlik,
30:21
shall submit to the members of the working group for
30:23
consideration the terms of reference for conducting
30:24
an audit of KOGUP Kirofles by
30:27
September 11, 2009.
30:31
The Acting Director General
30:33
of KOGUP Rofle, Tyshlik, shall repay
30:34
the wage arrears by
30:36
September 13, 2009. Information on
30:39
the progress of wage repayment shall be sent to the Deputy
30:41
Deputy Prosecutor of Kirov Region, Akatyev,
30:43
by September 16, 2009; a copy shall
30:46
be submitted to the Deputy Chairman
30:47
of the Regional Government, head
30:48
of the working group, Shcherchkov. The Acting
30:51
Director General of Gubkirovleslyuk shall
30:53
submit an appendix on the reform of
30:54
KOGUP Kirofrez to the Director of the Department
30:56
of State Property of Kirov Region
30:57
Razmassyval by September 11, 2009.
31:00
The next meeting of the working group
31:02
shall be scheduled for September 11, 2009. The minutes
31:05
were prepared by the adviser of the office
31:07
of the Deputy Chairman of the Regional Government,
31:09
Gordeeva. They were also signed by her. The next
31:11
minutes, case file sheets 11–12, were approved
31:15
by the Deputy Chairman of the Regional Government,
31:16
Cherchkov, on December 22, 2009. Meeting
31:19
of the working group on evaluating the effectiveness
31:21
of the activities of the Kirov Regional
31:22
State Unitary Enterprise
31:24
Kirovles. Time of meeting: December 22
31:26
2009 at 1:00 p.m. Venue:
31:28
Room 502, Building No. 1
31:30
of the Regional Government Administration. The meeting was chaired by
31:32
—nichkov, Deputy Chairman
31:33
of the Regional Government, head
31:34
of the working group. Present are members
31:37
of the working group: Arzamadtsev, Director
31:38
of the Kirov Region Department of State Property
31:40
of the region, Navalny, advisor to the governor
31:41
of the Kirov Region, Gordeeva, acting
31:43
deputy head of the department
31:45
of the Kirov Region Forestry Department, as well as
31:46
the invited attendees: Madurin, acting
31:49
head of the forestry department
31:50
of the Kirov Region, Klimov,
31:52
deputy head of the forestry department
31:54
of the Kirov Region; Vakulin, commercial
31:56
director of KOGUP Kirovles; Khalmanskikh,
31:57
head of the economics and finance department
32:00
of the Kirov Region Forestry Department
32:01
of the region. Agenda: on the projected development plan
32:04
for KOGUP Rafles. Resolved:
32:06
to take note of the projected development plan for KOGUP Rafles.
32:08
Second, to adopt as a basis
32:11
the proposed projected model
32:13
of branch income and expenditures using
32:14
the simplified taxation system
32:15
under the optimistic
32:18
development scenario. Third. Vakulin, with
32:19
the involvement, if necessary,
32:21
of an auditing firm, shall develop
32:23
optimistic and pessimistic versions
32:25
of the business plan for Kirovles in accordance with
32:26
the adopted model. Fourth. Vakulin
32:28
jointly with the Department
32:29
of State Property, with the involvement, if
32:31
necessary, of an auditing firm,
32:32
shall develop a legal framework
32:34
for the reorganized forestry enterprises, the charter of the governing body
32:36
taking into account the mandatory
32:37
performance of work on the conservation and protection
32:39
and regeneration of forests, by January 27, 2010.
32:41
Akhmadulin shall prepare
32:44
information on selecting the optimal scheme
32:46
for reorganizing KOGUP Rafles
32:47
into independent legal entities, taking
32:49
into account the opinions of the managers, by
32:51
December 28, 2009. Cherchkov
32:54
and Arzamasov shall prepare and submit
32:56
to the governor of the Kirov Region a memorandum
32:57
on possible options
32:59
for reforming KOGUP Kirovles by
33:01
January 27, 2010. The next meeting
33:04
of the working group is scheduled for December 22
33:06
2009. The minutes were recorded by an expert
33:08
from the office of the deputy chairman of the government
33:09
of the region, and signed by her.
33:13
Next protocol, case file pages 13–14.
33:15
The protocol was also approved by the deputy
33:17
chairman of the government of the Kirov
33:18
Region, Shchechko, on October 7, 2009.
33:21
Meeting of the working group on evaluating
33:22
the effectiveness of the Kirov
33:23
Regional State Enterprise
33:25
Kirovles.
33:26
Dated October 7, 2009. The meeting was chaired by
33:29
Cherchkov, deputy chairman of the regional government,
33:31
head of the working group.
33:32
Present were members of the working group:
33:34
Arzamastsev, director of the Department
33:36
of State Property; Navalny, advisor
33:37
to the regional governor; Klimov, deputy head
33:39
of the regional forestry department;
33:41
Vakulin, acting
33:42
general director of KOGUP Rafles; Tyshlik,
33:45
deputy general director of KOGUP
33:46
Rafles. Agenda: on the financial
33:49
condition and performance results
33:50
of KOGUP Rafles; on the timing of
33:52
the audit of the activities
33:53
of KOGUP Rafles; on possible options
33:55
for reforming KOGUP Kirovles.
33:58
Resolved: the acting
33:59
general director of KOGUP Kirovles, Vakulin,
34:01
shall prepare a report on the financial
34:02
results of KOGUP Rafles’s operations
34:03
for 9 months. On the second item,
34:05
the acting general director
34:07
of KOGUP Rafles, Vakulin, shall prepare and
34:09
send to auditing firms
34:11
an invitation to participate in the tender for
34:12
conducting an audit of the activities of KOGUP
34:14
Rafles by October 12, 2009.
34:17
The advisor to the governor of Kirov
34:19
Region, Navalny, shall summarize the tender for
34:21
selecting an auditing firm by
34:23
October 26, 2009. The deputy general
34:25
director of KOGUP Rafles, Tyshlik, shall submit to the members
34:28
of the working group for consideration
34:29
proposals for reforming KOGUP Kirovles
34:30
taking into account the need to implement
34:33
fire safety measures and forest
34:34
restoration work in forest fund areas not under
34:36
lease, by
34:37
October 26, 2009. The next
34:40
meeting of the working group is scheduled for November 11
34:42
2009. The minutes were recorded by an expert
34:44
from the office of the deputy chairman of the government
34:45
of the region, Vesnimyanan.
34:47
The protocol was signed by her. Case file pages 15–16.
34:51
The protocol was approved by the deputy chairman
34:53
of the regional government, Cherchkov, on November 11
34:55
2009. Meeting of the working
34:58
group on evaluating the effectiveness
34:59
of the activities of the Kirov Regional
35:00
State Unitary Enterprise
35:01
Kirovles, November 11, 2009. The meeting was chaired by
35:05
Cherchkov. Present were members
35:07
of the working group: Arzamasov, Navalny,
35:09
and invited attendees Akhmadulin, Klimov, Opolev,
35:12
director of KOGUP Kirovles, Vakulin,
35:15
commercial director of KOGUP Kirovles. Agenda:
35:17
on the financial condition and
35:19
results of KOGUP Rafles’s operations,
35:20
on possible options for reforming
35:22
KOGUP Rafles. The commercial director
35:25
of KOGUP Kirovles, Vakulin, shall send to the members
35:26
of the working group a report on the results
35:29
of the financial and economic activities
35:30
of KOGUP Rafles for the first 9 months of 2009,
35:32
by November 13, 2009. KOGUP Rafles
35:36
jointly with the Department of Local
35:37
Economy of the Kirov Region shall prepare
35:38
a business plan for the reorganization of the forestry enterprise
35:40
branches into independent entities
35:42
legal entities, business plan
35:43
were coordinated with the department
35:44
of State Property of the Kirov Region
35:47
the next meeting of the working group
35:48
was scheduled for December 2, 2009
35:52
minutes entered into the file by an expert of the deputy chair's office
35:54
of the regional government, Vesnina
35:56
the minutes were signed by her
35:59
file sheets 17-18
36:02
the minutes were approved by the deputy chair
36:03
of the regional government, Shchek, on December 2, 2009
36:06
at the meeting of the working group on
36:07
assessing the effectiveness of the activities of
36:08
the Kirov State Enterprise
36:11
Kirovskles. Time of meeting: December 2
36:13
2009 at 2:00 p.m. Venue:
36:16
Room 502, Building No. 1 of the
36:18
regional government administration. Chaired by
36:20
Cherchkov. Present: members of the
36:22
working group: Arzamasov, Navalny
36:24
invited: Klimov, Opolev, Vakulin
36:29
Vysotsky, adviser to the Governor of the Kirov
36:31
Region, on the financial condition
36:33
and performance results of KOGUP
36:34
Kirovles. Second item: on a possible option
36:37
on possible options for restructuring
36:39
KOGUP Kirovles. Third item: on selecting an
36:41
audit company to review
36:42
the activities of KOGUP Kirovles. Resolved:
36:44
the report of KOGUP Kirovles on the results of financial
36:46
and business activities for the first 9 months
36:48
of 2009 was accepted for information. Second:
36:50
Cherchkov, Arzamasov, Akhmadulin. Deadline:
36:52
by December 11, 2009, to work through
36:55
the technical issues related to extending
36:56
state contracts at KOGUP
36:58
Kirovles. Olekulin, with the involvement, if necessary,
37:01
of an audit company, shall by
37:02
December 23, 2009 prepare
37:05
and coordinate with the department
37:06
of state property and the forestry department
37:08
a business plan for the development of
37:10
Kirovles in two versions.
37:13
First, preserving
37:15
the existing structure of the enterprise with
37:17
a possible reduction of non-core
37:18
functions. Second, reorganizing the forestry
37:21
branch offices of Kirovles into independent
37:22
legal entities, either a limited liability company
37:24
or
37:25
a unitary enterprise using the simplified
37:27
taxation system.
37:29
performing work on the protection, safeguarding, and
37:31
reforestation of forests under subcontract
37:32
agreements with KOGUP Kirovles. Navalny,
37:35
Opolev, and Vakulin, by December 9, 2009,
37:37
shall hold negotiations with the audit
37:39
firm Deloitte & Touche CIS, and if
37:42
the proposal complies with the technical
37:43
specification for the provision of audit services
37:45
approved
37:47
by the working group, while retaining the price indicated in the
37:49
quotation for services, conclude
37:51
an agreement between KOGUP Kirovles and Del
37:53
oitte & Touche CIS for the provision of audit
37:55
services. The next meeting of the working group
37:57
was scheduled for the twenty-third day
37:58
of December 2009. The minutes were recorded by an expert
38:00
of the office of the deputy chair
38:02
of the regional government. The minutes were
38:03
signed by her. File sheets 19-20
38:08
the minutes were approved by the deputy chair
38:09
of the regional government, Shchek, on December 10
38:12
2009. Meeting of the working group on
38:13
assessing the effectiveness of the activities of
38:15
KOGUP Kirovles. Time of meeting: December 10
38:16
2009 at 3:00 p.m. Venue:
38:19
Room 502, Building No. 1
38:21
of the regional government administration. Chaired by
38:23
Cherchkov. Present were members of the
38:25
working group: Arzamasov, Akhmadulin
38:27
Gordeeva, Klimov
38:28
Opolev; invited: Fuddinova, Shatunov
38:34
lead consultant of the legal department
38:36
of the Finance Department of the Kirov Region.
38:38
Agenda item: extension of
38:39
state contracts of KOGUP
38:41
Kirovles. Resolved: the acting head
38:43
of the Forestry Department
38:44
of the Kirov Region, Akhmadulin, in connection with
38:46
force majeure circumstances
38:48
and adverse weather conditions in
38:50
the fourth quarter of 2009, shall extend until
38:52
April 1, 2010, state contract
38:54
No. 45678 dated March 30, 2009
38:58
and Nos. 92, 93, 94, 95, 96 dated August 12
39:03
2009. Information on the extension
39:06
shall be submitted to the head of the working group
39:07
Cherchkov. Deadline: December 16, 2009.
39:10
The minutes were recorded by Velismina and signed by her.
39:12
File sheets 21-22
39:16
the minutes were approved by the deputy chair
39:18
of the regional government, Chachok, on December 22
39:20
2009. Meeting of the working group on
39:22
assessing the effectiveness of the activities of
39:23
Kirovles. Time of meeting: December 22
39:25
2009 at 1:00 p.m. Venue:
39:28
Room 502, Building No. 1
39:30
of the regional government administration
39:33
Chaired by Cherchkov. Present were
39:35
members of the working group: Arzamasov, Navalny
39:36
Akhmadulin, Gordeeva, Klimov, Vakulin
39:39
invited: Almanskikh, head of the department
39:40
of economics and finance of the Forestry Department
39:42
of the Kirov Region. Agenda item:
39:44
on the projected development plan of Kirovles
39:46
Resolved: the projected development plan
39:48
of Kirovles shall be accepted for information, but not adopted as
39:50
the basis; the proposed forecast model
39:51
of branch income and expenditures using
39:52
the simplified
39:54
taxation system under the optimistic
39:56
development scenario. Vakulin, with
39:58
the involvement, if necessary,
39:59
of an audit company, shall develop
40:01
optimistic and pessimistic versions
40:02
of the business plan for Kirovles in accordance with
40:05
the adopted model. Vakulin, jointly with
40:07
by the Department of State Property, with
40:08
the involvement, if necessary,
40:09
of an auditing company, to develop
40:11
the legal framework for the reorganized
40:13
forestry enterprises, their charter, and management bodies, taking
40:15
into account the mandatory performance of work on
40:16
the protection, safeguarding, and regeneration of forests, by the deadline
40:18
of January 27, 2010. Akhmadulin is to
40:21
prepare information on the selection of
40:23
the optimal reorganization scheme for the regional state institution
40:25
"Kirovles" as independent legal entities, taking
40:28
into account the opinion of the head of the forestry enterprise, by
40:29
the deadline of December 28, 2009. Shchuchkov is to
40:33
prepare and submit
40:34
to the Governor of Kirov Region a briefing
40:35
note on possible options
40:37
for reforming the regional state institution "Kirovles" by January 27,
40:40
2010. The next meeting of the working
40:42
group is scheduled for December 28, 2009.
40:44
The minutes were taken by an expert from the staff office; they were
40:47
signed by her. Case file sheets 20
40:50
3
40:56
26
40:58
The minutes were approved by the Deputy Chairman
40:59
of the regional government, Shchechkov, on February 4
41:02
2010. Meeting of the working
41:04
group on assessing the effectiveness
41:05
of the activities of the regional state institution "Kirovles." Time
41:07
of the meeting: February 4, 2010, at 10
41:11
a.m. Venue: Room 303
41:13
of building No. ...
41:14
of the regional government. Chaired by
41:16
Cherchakov
41:18
Present were members of the working group:
41:19
Arzamasov, Gordeya, Navalny, Opolev,
41:21
Vakulin; invited: Chestyakova, deputy
41:24
of the Legislative Assembly of Kirov Region,
41:26
Konyushev, deputy of the Legislative Assembly of Kirov
41:28
Region; Mamaev, also a deputy
41:30
of the Legislative Assembly of Kirov Region; Kovalyova,
41:32
head of the Finance Department of Kirov
41:33
Region; Guaril, chair of the Kirov
41:36
regional organization of the trade union
41:37
of workers in the forestry sectors
41:38
of the Russian Federation. Lopatina,
41:40
chair of the united trade union
41:42
organization of the regional state institution "Kirovles"; Sadreev,
41:44
director of the forestry branch of the regional state institution "Kirovles"
41:45
in Dorovsky District; Kozlov, director
41:47
of the forestry branch of the regional state institution "Kirovles"
41:48
in Orichevsky District; Koritnyuk, director
41:50
of the forestry branch of the regional state institution "Kirovles"
41:52
in Podosinovsky District; Smertin,
41:53
director of the branch of the regional state institution "Kirovles"
41:55
in Sovetsky District; Kolupaev, director
41:58
of the limited liability company
41:59
Audit; as well as Shishkina, legal counsel
42:01
of the limited liability company
42:03
Audit. Agenda item: on the preliminary
42:05
model for reorganizing the forestry enterprises. Speakers:
42:07
Shcherchkov, who reported on the meeting
42:09
of the working group on assessing the effectiveness
42:11
of the activities of the regional state institution "Kirovles" and on the adoption
42:12
of a decision on its further work.
42:15
Vakulin reported on the plan
42:17
for reorganizing the regional state institution "Kirovles" by
42:19
creating new companies on the basis of its branches
42:21
that would use the simplified
42:22
taxation system. Questions to the speakers:
42:24
Kovalyova asked about the timing and procedure for repaying
42:26
the debts of the regional state institution "Kirovles" to the regional
42:28
budget. Shchechkov: "Kirovles" is not entering
42:31
bankruptcy proceedings; it will continue its
42:32
operations and will carry out
42:34
debt repayment. A repayment plan will be drawn up.
42:36
Navalny: the reorganization project
42:39
does not spell out mechanisms
42:40
for how Kirovles will control the newly created
42:42
companies and how Kirovles will receive
42:44
dividends from the companies' activities.
42:47
Cherchkov: Receiving dividends is not
42:49
the primary objective
42:50
of the reorganization. The purpose of the reorganization is
42:52
to ensure the performance of forest protection and safeguarding
42:53
functions, repay debts to the regional
42:55
budget, and improve the efficiency
42:56
of the enterprise's operations. Navalny:
43:00
a 25 percent stake for the regional state institution "Kirovles"
43:02
in the newly created companies
43:03
is insufficient to control the activities
43:05
of the companies and ensure the performance of the functions
43:07
of forest protection and safeguarding. Arzamasov:
43:09
Mechanisms for overseeing the activities
43:10
of the newly created companies in the area of forest protection and
43:12
safeguarding will be provided for in
43:14
the companies' charters. Mamaev: who will own
43:16
the remaining 75 percent in the new
43:19
companies? Shcherchkov: in each forestry enterprise,
43:20
before the new companies are created, there will be
43:22
a meeting of the workforce.
43:24
It is possible that some members of the staff
43:25
will become part of the founders of the new
43:27
companies. Navalny: no economic calculations have been carried out
43:29
for the reorganization project
43:30
of the regional state institution "Kirovles." Arzamasov:
43:32
All calculations will be carried out after
43:34
the final adoption of the
43:35
reorganization plan. A market valuation will also be commissioned
43:37
of the value of the property
43:39
of the regional state institution "Kirovles." Navalny: contrary
43:41
to the working group's decision, no audit has been conducted
43:43
of the activities of the regional state institution "Kirovles."
43:44
Arzamasov: the proposal of the auditing
43:46
company CJSC Deloitte & Touche CIS did not
43:48
meet the parameters of the working group's
43:50
decision. Chastkova generally
43:52
supported the reorganization scheme of the regional state institution
43:54
"Kirovles." She proposed that the transition to the new
43:55
operating model of the regional state institution "Kirovles"
43:58
be carried out in stages. Sadreev supported
44:00
the reorganization scheme of the regional state institution "Kirovles,"
44:02
and proposed a gentler and
44:03
more gradual transition to the new model
44:05
for the operation of the regional state institution "Kirovles." Lopatina:
44:07
during the reorganization, it is necessary to retain all
44:08
key specialists and provide for
44:10
mechanisms for oversight by the regional government
44:12
over the activities of the new companies. Gorey...
44:14
The RFS organization needs to dismiss
44:16
key employees by means of
44:19
transfer to the new company, so as not to
44:20
allow mass layoffs. Decision
44:23
of the working group: to support the reorganization project
44:24
of KOGUP Kirovles. Second. All
44:27
proposals regarding the reorganization project
44:28
are to be submitted in writing addressed to
44:30
the Deputy Chairman of the Government of Kirov
44:31
Region, Shchechkov, by February 18
44:34
2010. The minutes were recorded by expert staff member
44:37
Vesnina. The minutes were signed by her.
44:41
case files 27–28
44:43
the minutes were approved by the Deputy Chairman
44:44
of the regional government, Cherchuk, on 18
44:46
March 2010. Meeting with the participation of
44:49
the technical council of directors
44:50
of the forestry enterprises on the issue of reforming
44:51
Kirovles. Time: March 17, 2010
44:56
at exactly 10:00 a.m. Venue:
44:58
Room 502, Building No. 1
45:00
of the Government of Kirov Region. Chaired by
45:01
Shchechkov, Deputy Chairman
45:03
of the regional government. Participants:
45:04
Arzamasov, Khakhmadulin, Gorgieva, Vostrygina
45:07
acting director
45:09
of Ropressk, Ritnyuk
45:11
Knyazev, Smertin, Kozlov. Agenda:
45:13
business management models and methods
45:15
for KOGUP Kirovles. It was decided that Bastrygina, by the deadline
45:17
of March 23, 2010, shall organize
45:20
a meeting with the participation of representatives
45:21
of the technical council of forestry enterprise directors
45:24
of KOGUP Kirovles and the director of the department
45:25
of regional state property, Azamatstva, on
45:27
models for reforming KOGUP Kirovles.
45:29
Second: Bastrygina, for the meeting with
45:32
the director of the regional state property department,
45:34
Arzamasov, shall submit in
45:36
writing the following information on
45:37
the proposal for reforming Kirovles,
45:39
including a draft charter for a limited liability company
45:41
to be created
45:42
on the basis of the forestry enterprises.
45:44
All proposals must be
45:45
substantiated. A copy shall be provided to the representative
45:47
of Cherchkov’s office and to the Department of Forestry.
45:49
General data on the forestry enterprises, taking into account
45:51
their provisional division into three
45:53
categories: economically efficient,
45:55
break-even, and loss-making. The minutes were recorded by
45:58
an expert from the office of the Deputy Chairman
45:59
of the regional government, Vesnina.
46:14
So, case file thirty-four.
46:17
>> One moment. Why case file thirty-
46:18
four, if we only have up to twenty-
46:20
eight?
46:21
>> Up to twenty-eight is being challenged, yes.
46:26
Do you need time to prepare, or are you ready
46:29
to speak already? Yes, Your Honor.
46:31
If possible, we would like to familiarize ourselves
46:33
with the contents.
46:36
>> How much time do you need? Let's say 10 minutes
46:40
will be enough.
46:42
A recess is declared
46:54
for 10 minutes.
46:55
>> Your Honor, we object to
46:58
the motion by the defense. We believe that
47:02
the reports of the operational officers contain
47:03
all the necessary details, have
47:05
a registration number, as well as information
47:08
about the operational-search measures that were carried out.
47:11
Thus, the requirements of the instruction on
47:12
the procedure for submitting the results of operational-search activities
47:14
were complied with, and therefore the documents attached to
47:17
the orders on the submission of
47:18
the results of operational-search activity to the investigator
47:20
were lawfully used by him in the course of
47:22
the investigation.
47:25
Information and evidence concerning tactics,
47:27
the methodology of conducting operational-search measures, including
47:29
the technical means by which, that is,
47:31
they were necessarily carried out,
47:34
these operational-search measures. We
47:37
believe this constitutes information protected by law and
47:39
is not subject to disclosure.
47:44
>> The court retires to chambers to
47:47
issue a ruling on the motion.
47:50
The decision will be announced
47:52
today at 10:35.
48:07
Ruling. May 21, 2013, city of
48:11
Kirov. The Kirov City Court, composed of
48:12
presiding judge Blinov, with the participation of
48:14
state prosecutor, head of the department
48:15
for state prosecutions and appeals
48:17
of the Kirov Region Prosecutor’s Office, Bogdanov,
48:19
senior prosecutor of the state prosecution department
48:20
of the Kirov Region Prosecutor’s Office, Cheremisina,
48:22
defendant Navalny, his
48:24
defense counsel, attorney Mikhail Kobzev,
48:26
defendant Ofitserov, his defense counsel
48:27
attorney Davydov, and press secretary
48:29
Koshinova, considered in open court
48:30
the materials of the criminal case against
48:31
Navalny, Alexei Anatolyevich,
48:34
accused of committing the offense
48:35
provided for in part 3 of Article 33 and
48:37
part 4 of Article 160 of the Criminal Code of the Russian Federation,
48:39
and Ofitserov, Pyotr Yuryevich, accused of
48:42
committing the offense provided for in part
48:43
5 of Article 33 and part
48:45
4 of Article 160 of the Criminal Code, established the following:
48:48
During the court hearing, counsel for the defendants
48:50
Mikhailova, Kobzev, and Davydov
48:52
filed motions to declare inadmissible as evidence
48:53
the orders on
48:54
the submission of operational-search activity results
48:56
to the investigator dated June 13, 2011, volume 12
48:59
case file 4, and the report of the operational officer
49:02
of the FSB Directorate for Kirov Region, senior
49:04
lieutenant Mashkotsev, dated June 13, 2011,
49:06
volume 12, case file 5; the order on
49:09
the submission of results
49:10
to the investigator dated August 1, 2011,
49:12
volume 12, case file 7; the report of senior
49:14
operational officer
49:16
of the FSB Directorate for Kirov Region, senior
49:19
lieutenant Marshov, dated August 1, 2011.
49:21
with attachments, on the grounds that no
49:23
violation of federal law was found
49:25
in operational-search activities
49:26
of the Instruction on the Procedure for Submitting
49:28
the results of operational-search
49:29
activities. The state prosecutors
49:31
objected to granting
49:33
the motion that had been filed. Having heard
49:34
the parties and examined the materials of the criminal
49:35
case relating to the motion filed,
49:37
the court finds that the motion is not subject
49:39
to satisfaction. The ruling on
49:40
the submission of results
49:41
of operational-search activity to the investigator dated June 13, 2011, and August 1,
49:45
2011, Volume 12, case file page 47,
49:48
was issued by an authorized official,
49:50
the deputy head of the FSB Directorate for Kirov Region
49:52
within the scope of his, within the scope of his
49:54
authority, in accordance with Articles
49:56
11 of Federal Law of August 12
49:57
1995 No. 144-FZ
50:00
On Operational-Search Activity, and paragraph 10
50:02
of the Instruction on the Procedure for Submitting
50:03
the Results of Operational-Search Activity
50:05
to the inquirer, body of inquiry, investigator,
50:07
prosecutor, or court. The ruling specifically identifies
50:09
the specific operational-search
50:11
measures carried out: obtaining background information
50:14
The report of June 13, 2011, Volume 12, page
50:17
5, was prepared by an official authorized to
50:18
conduct operational-search
50:19
activities, namely an operative officer of the FSB Directorate for
50:22
Kirov Region, Senior Lieutenant
50:24
Mashkovets, registration number
50:26
3/6713
50:28
dated June 2011. The report states
50:30
the grounds for conducting operational
50:32
search measures: an investigative
50:34
instruction; the information obtained as a result of these
50:35
measures. The report of August 1
50:38
2011, Volume 12, case file pages 82–83, was prepared by
50:41
a person authorized to conduct
50:42
operational-search activity, an operative
50:45
officer
50:46
of the FSB Directorate for Kirov Region, Senior
50:48
Lieutenant Mashkovets, registration number
50:50
3/2627
50:51
dated August 1, 2011. The report states
50:54
the grounds for conducting operational
50:56
measures: investigative instructions
50:58
the information obtained as a result of these measures
50:59
includes the minutes of the working group's meeting
51:01
on evaluating the effectiveness
51:03
of the activity; these are indicated in
51:04
the report, and the documents are attached. Thus,
51:06
no violations of the law in the collection and submission of these
51:08
documents
51:09
have been established. On the basis of
51:11
the foregoing and guided by Article 256
51:13
of the Criminal Procedure Code of the Russian Federation, the court ruled to deny the motion
51:15
of defense counsel Mikhailova, Kobzev,
51:17
Davydov, and Davydova seeking recognition as
51:19
inadmissible evidence of
51:20
the rulings on the submission of results
51:22
of operational-search activity to the investigator dated June 13, 2011, and the report
51:25
of the operative officer of the FSB Directorate for
51:28
Kirov Region, Senior Lieutenant
51:29
Mashkovets, dated June 13, 2011,
51:31
the ruling on the submission of
51:33
the results to the investigator dated August 1
51:35
2011, and the report of the senior operative
51:38
officer of the FSB Directorate for Kirov Region, Senior
51:41
Lieutenant Mashkovets, dated August 1, 2011, with
51:43
attachments
51:45
I ask the court to proceed.
51:54
>> Your Honor. Yes. I wanted to remind you that
51:56
I was promised to be let go at one o'clock.
51:58
>> I
52:00
haven't forgotten.
52:08
In Volume Eight, the following case file pages are being examined:
52:10
134
52:12
in connection with the motion filed.
52:14
After that, to announce
52:19
Volume Eight, case file page 134.
52:23
Mm. Volume Eight, page 134, contains an inspection of significant
52:28
documents and information that were
52:30
seized during the document seizures. The records of which
52:33
I read out yesterday contain attachments
52:35
in Volumes Nine, Ten, and Eleven.
52:37
>> So this will take a long time.
52:39
>> It will take a long time. Therefore, I think
52:40
it would be impractical to break it up.
52:43
Then we will adjourn
52:44
until the twenty-second.
52:48
Understood.
52:53
Indeed, the court has heard the arguments on
52:57
adjourning the court session.
53:00
Today, at 1:30 p.m., in the Pervomaisky District Court
53:03
a complaint by lawyer Kobzev
53:05
and Navalny regarding the conduct of a search is being considered. In
53:09
connection with this, a recess is declared in
53:11
the court hearing. On the website of the
53:12
Pervomaisky District Court, before this same
53:15
judge, the hearing of the next
53:17
criminal case is scheduled for the same day after
53:19
lunch.
53:20
Well, based on that, a recess is declared
53:23
in the court session, in the present hearing
53:25
until 3:00 p.m. today. If
53:27
it turns out that the court hearing there
53:29
does indeed continue for you, then we will adjourn until
53:32
tomorrow
53:38
Defense, what is the defense's position?
53:41
>> And
53:42
>> the defense's position?
53:43
>> Yes, we are only in favor of adjournment.
53:45
>> Just your position.
53:47
>> We are in favor
53:47
>> And are you not participating in that proceeding?
53:48
>> No, she was not taken. She was not taken. Your
53:51
>> I support counsel.
53:54
The court declares a recess until 9:00 a.m.
53:57
tomorrow, the 22nd
53:59
of May 2013. Tomorrow the court will
54:02
continue examining the documents.
54:04
Correct?
54:05
>> Yes. That's correct.
54:07
>> Will you have any motions tomorrow? Motions—
54:09
Will you still be here tomorrow?
54:11
>> Exactly the same before the examination,
54:13
>> and after the examination.
54:15
>> Before the examination, before eating.
54:20
Good
54:20
>>bye.