Dedicated to the families that have a government.
The distinguishing mark of man is the hand, the instrument with which he does all his mischief.
The relevance of benefits in modern conditions
This manual is intended for students of law faculties of higher educational institutions of the Russian Federation, students of continuing education courses for investigators of the Ministry of Internal Affairs and the Investigative Committee, and law enforcement officials.
The protagonist is a lecturer placed at the methodological department.
Passive participants — listeners, IC officers.
Community is the subject topic.
The first issue of the manual reveals the current topics of the law enforcement system of Russia, given the rich practical experience of real employees of the investigative committee. The presented version of the manual is being currently re-edited.
The crimes and methods of fabricating criminal cases described involuntarily in lectures are not qualified from the point of view of the legislation and can serve as training for law enforcement officials, the FSB, the prosecutor’s office and investigators of the CC. Surnames and first names mentioned in the manual, in case of any coincidences in real life, are not identified by anyone and are not verified.
Lecture read on 04.11.2019,
Recommended for free distribution.
Editorial office of EU-OBJECTIVE / OBJECTIVE,
Republic of Cyprus, November 2019
Chairman of the Investigative Committee of the
Justice General of the Russian Federation
Dear for our country, Alexander Ivanovich!
I ask you to deservedly be promoted through the ranks or to assign the next rank to the senior investigator for particularly important cases of the Fourth Investigation Department of the Investigative Committee of the Russian Federation (with a deployment in Yekaterinburg) K.V. Maslov, as a Professional with a capital letter, the faithful son of Putinism declared by Surkov, a true Aryan with a Nordic character, a fiery fighter against the enemies of our regime, who managed to organize the criminal prosecution of a foreign enemy (know-how), raising the international prestige of our organization to previously unchallenged heights , who showed the deepest professional knowledge in international law at a completely new level and unattainable by anyone in the world! This is the case when taxpayers’ money was effectively spent several years on a special team of operatives and investigators of the FSB and the Investigative Committee (IC) of the Russian Federation, our agents abroad, when a practical result was achieved, which will be heard around the world. This is glory! And the well-deserved glory of our valiant organs against the background of insignificant clouding episodes of consciousness in the country of werewolf colonels with billions of monies of unknown origin. This will be a spectacular spit in the direction of the UN, the Council of Europe and the European Parliament, as well as a notable flip to a German and snotty Luxembourg. Let them know those who are ours! We can repeat!
Investigator K. Maslov deserves your attention and your assessment, otherwise he will be taken as a professional in the FSB. In the literal and figurative sense. Since the head of the FSB, Comrade Bortnikov, is also already aware of Maslov’s merits. Do not lose such an employee of our corporation! Such professionals are our support and only with them we are guaranteed a stable bright future and the immutability of bonds!
Lecture # 2
“Best practices — Maslov’s method”
Dear students of our school!
In the first lecture, we listened to materials about the state structure of modern Russia and the foundations of Putinism, about the new role of the Investigative Committee in protecting state power and the tasks that our president sets for us and also examined several practical situations.
You already understood how important our activity is in creating a stable society, where there can be no politics different from the course of the president, there can be no social classes: neither workers, nor peasants, nor intelligentsia, nor entrepreneurs … No estates! So, there are no representatives of these classes. And there are no representatives, so their rights do not exist! We have a state, the state is Putin himself! And there are siloiviks, and this is us. We are the support and shield of the state against all trepidation, from the fifth column, from activists of all kinds, from criminals and other evil spirits, which, on the instructions of the State Department, undermine our foundations. As in other units of the security forces (the FSB, the Russian Guard, the Ministry of Internal Affairs, the prosecutor’s office, etc.), the president has given us powers that are not limited by law. We serve the government, and the law serves us to an end. In your activity, do not be afraid of creativity and be inventive, show capability, synthesize the unimaginable and intangible, beat where common-sense refuses to serve enemies using hybrid technology. We are on guard, as it were, for state interests, but the form of legality in which your actions and inactions are clothed is important. If everything is normal in form, then in fact no one will understand … The indicators are important! You will certainly be noticed, and your career and your own well-being begins to take shape.
We must justify our existence to the supreme! And don’t forget we are a corporation. A corporation is a huge plant with its cogs, people, commerce, unconscious elements inside. The latter must be fought, identified, and ruthlessly punished. Like every corporation, we have competitors to whom we “cross the road” or who cross it to us. Therefore, the president occasionally resorts to permutations, even less often fires someone, and he puts only a few. But don’t worry — there are more than 2.5 million of us, the siloviks, in the country, and you can count on the fingers of the ears those who died in unfair competition in the centre and in the localities.
Those of you who understand our system have already noticed that in our country there are no acquittals in court. An error of 0.9% of court acquittals can be ignored. What is this talking about? The fact that we, that is, the investigation, has been entrusted by our state (Putin) to form court decisions, and the court is a pure formality. In other words: we form the final decision in court in the course of the criminal proceedings. Everything is in the hands of the investigator! And the system works flawlessly, thanks to the wise leadership of our state and the timely castration of the oversight body, called the prosecutor’s office, the rudiment of the Soviet era.
But this is the surface part of the iceberg, there also underwater! We are a corporation, and we must understand that initiating a criminal case, criminal prosecution of a person is a tool in our hands. It can be repressive, or it can be commercial. With the proper use and application of repressive tools, a corporation, and therefore its employees, must be profitable. “You can initiate a case for an order for money, and then close it also for money,” you thought. But this is primitive. Here is another statistic: we have no acquittals, but the percentage of cases ending in a real prison term is only about 12%. What is this talking about? Thinking about the poor work and low qualifications of the investigator? Not! About the great work and invisible processes of interaction of such a system of management, regulation, distribution and redistribution, which is undesirable to conduct in the courts and bring in statistics. If a person still gave all the money in jail or rewrote his business for justice and concepts, then why should he go to jail? And if you didn’t rewrite it? … There is no person — there is no problem, there is no trial.
This is our hybrid system in sovereign democracy, our special way. The system was created a team of smart people with a legal education from the St. Petersburg for several years, plus many years of natural selection in personnel policy and stability … Feel protected!
If the hidden mechanisms of our system are competently clothed by us in the shell of lawful actions within the framework of the current legislation, then the resistance of those under investigation is impossible and useless. Here, for example, so that you understand how we were taken care of there, at the top: “Messages, statements, appeals received by the investigative body of the IC of Russia in which the applicants disagree with decisions made by judges, prosecutors, heads of investigative bodies, investigators or other employees of the investigating authorities, express the assumption that the actions of the specified persons have committed an official crime and raise the issue of bringing these persons to criminal responsibility in this regard, are also not subject to registration in the registration book of messages about crime and do not require validation in accordance with Articles 144 — 145 of the Criminal Code”. This is an excerpt from the instruction on the procedure for receiving, registering and checking reports of crime in the investigating authorities (investigative units) of the system of the Investigative Committee of the Russian Federation, approved by order of the Chairman of the Investigative Committee of the Russian Federation dated 11.10.2012 No. 72.
The fathers of our sovereign democracy stipulated that such citizens ’applications are registered as incoming documents and are considered in accordance with the procedure established by the Federal Law dated 02.05.2006 No. 59 — FL “On the Procedure for Considering Cases of Citizens of the Russian Federation” , and the applicant will not be issued a coupon notice upon admission. Well, imagine if everyone is dissatisfied with the government and will take action?! Thus, we have almost weaned the population to complain about the security forces and authorities.
I remind you that with our procedural actions in the framework of criminal proceedings, we are already forming the final court decision. And behind each court decision is law enforcement practice, including the prejudice that we are creating, which no one can figure out anymore, and even more so to appeal. I remind you that the courts will pronounce indictments and the sentences we need in the cases we have formed in 99.1% across the country!
That’s how each of us became the pillar of the system, and we give it legitimacy. Such a responsible mission for us! Yes, the investigator is an independent procedural person with enormous and, in fact, uncontrolled powers, which our system protected from the creeps of the supervising prosecutor’s office. An extraordinary, qualified investigator with a set of qualities we need is not just a servant of the system, he is the foundation of our corporation, on which much rests. And with the examples of just such investigators, we will learn the general principles of excellence in our profession.
“We are already thinking about the prospects. After all, a system is at first people, human resources. A new generation of investigators is already being formed — highly moral, qualified, impartial, patriotic, who understand modern trends, technologies, socio-economic conditions in which we work.”
The insightful and wise words of A. Bastrykin, from an interview https://sledcom.ru/blog/bastrikin/item/1245363/%20%22
A little background to the topic of the lecture
The creation of the Investigative Committee pursues one goal is the investigation of crimes related in accordance with Art. 151 of the Code of Criminal Procedure of the Russian Federation to the jurisdiction of the Investigative Committee of the Russian Federation, and conducting inspections in accordance with Article 144, 145 of the Code of Criminal Procedure of the Russian Federation on reports of crimes of this category. (https://crim.sledcom.ru/folder/874814)
This is written on the website of the tracker for the people. Do not be alarmed! I have already explained the true goals and objectives. We are the siloviki and professionals of the hybrid system, which in achieving our goals proved to be very effective at a larger state and foreign policy level — “Ихтамнет” (we-will-deny-they-are-there), a crucified boy in Ukraine, a raped girl in Berlin, yellow vests in France … How the hybrid system should work in to law enforcement agencies inside the country, but against external enemies, we will show by the valiant example of a senior investigator for especially important cases of the fourth investigative department of the Investigative Committee of the Russian Federation (with deployment Yekaterinburg) K.V Maslov. To understand his professional skills, it is necessary to delve into the background of the issue.
In 2004, the commercial Khanty-Mansiysk bank, controlled by the government of the Khanty-Mansiysk national okrug, wanted to seize the large DastinMarket shopping center in Tyumen to close its budget holes and thereby cover theft in the bank. It seems like nothing special for those times, since then there were raider seizures of large and significant business in the whole country with the goal of liquidating an independent entrepreneurial class and centralizing all cash flows. Our state was preparing for defence against external enemies that had destroyed the great Soviet Union, it was getting up off its knees under the guidance of the glorious officer Putin, our president, and we needed all the resources that were collected in different ways by siloviks into one well-known public common boiler. Naturally, after the collapse of the union, the newly arrived free entrepreneurs resisted, not realizing that this is a new state policy, that we do not have a state for the people, but a people for the state. And the state is Putin, and our regime does not need free and independent people… And we need mobilization according to all the canons of the Cheka and the military … In general, there were disagreements with such a policy. They were physically eliminated, ridges were broken, mentally broken, criminally prosecuted, generally destroyed in every possible way, or squeezed out of the country. Otherwise, as you now understand, we would not have achieved such stability.
In the case of the shopping centre CJSC DastinMarket, the local regional authorities and security officials acted according to the scheme already worked out in the country: a false creditor and its requirements, external management, its own arbitration manager, assistance from the authorities represented by the tax inspectorate and registrar, the right arbitrator, bankruptcy and liquidation of the company with the withdrawal of its property in favour of the Khanty-Mansiysk Bank. The scheme worked flawlessly everywhere, since there is no CJSC (liquidated with an entry in the state register), which means there are no shareholders. That is, the former shareholders under the laws of the Russian Federation lose their right to protect the interests of the liquidated company in the courts and in any way challenge the legality of liquidation.
The twist was that this CJSC was a 99% enterprise with foreign investment registered in accordance with the Law of the Russian Federation protecting these foreign investments. In addition, the investor was a company from the Grand Duchy of Luxembourg, with which the Russian Federation inherited from the USSR an Agreement on the mutual protection of investments. That’s first. And secondly, the director of this CJSC in Tyumen, Alexei Schmidt, an ethnic German, but a Russian citizen, somehow managed to dispute with the courts all the actions worked out in the raider seizure chain: from arrest on property prior to the introduction of bankruptcy proceedings, from an illegal Decision of a corrupt arbitration judge Loskutov on bankruptcy to liquidation of a company. Schmidt managed to get the appellate court to ban the liquidation of the company, and then the decision on the full restoration of the company.
Of course, our government could not stand such impudence. Our system could not allow the execution of court decisions in his favour — this is a threat to our bonds. According to the well-established tradition, a stubborn criminal case was opened for the intentional bankruptcy of DastinMarket CJSC. Learn! This is also part of hybrid technology — to hang on a person charges of actions that he did not commit, against which he fought. In the fight against dissent, all methods are good! It was necessary to make sure that an ordinary person could justify himself, and even more so to prove innocence, could not, since the accusation was absurd from the beginning. But this man by the name of Alexei Schmidt managed in court to obtain a decision on his illegal criminal prosecution. And he even forced our prosecutor’s office in the courtroom to apologize to him on behalf of the Russian Federation for unlawful criminal prosecution. The governor of the Tyumen region Yakushev, the prosecutor of the region Vladimirov, several senior officials and security officials were, of course, furious. Our system could not forgive this. But Schmidt did not stop there. He revealed the system of embezzlement of funds in the Khanty-Mansiysk Bank, the system of mutual responsibility of corrupt security officials and officials in the region and warned that an organized criminal group was formed in the person of government officials, security officials and FSB officers in the Tyumen region, which poses a great danger to society and the country. He also disclosed a system of tax evasion for a state company. He wrote about this to the central authorities and in parallel sought restoration, in accordance with the decision of the court, CJSC DastinMarket in the register of legal entities. That is, spoiled a lot of blood to local generals.
Moreover, he opened the system of fraud in the state register of registration of legal entities with direct evidence that this was the work of the officials of the registering state body. He also managed to call in and tell everything to the Ambassador of the Grand Duchy of Luxembourg to the Russian Federation, handing over several documents proving the expropriation of property of foreign investors on the territory of the Russian state. In such circumstances, publicizing it was difficult to silence him, so it was decided at the regional level to fabricate a new criminal case against him, to conduct this case through the court without his knowledge, and when the court decision comes into force, to begin to prosecute him again. But he is stubborn! They were breaking him for five years straight, but he fought back. Attempts were organized against him, the brake hoses were cut off on a car, thugs dressed as police officers have beaten him half to death. As he got out of intensive care, the court of justice was the first instance he addressed. Our colleagues from the Ministry of Internal Affairs, investigator Voronin from Tyumen, dragged the criminal case against him to court. But Schmidt somehow received a written permission from Judge Schaderkina to travel abroad to participate in the joint-stock meeting of the Luxembourg parent company to protect the rights of shareholders of DastinMarket, a company fraudulently liquidated by the state.
He flew to the Republic of Cyprus. And he didn’t just leave, but took out the original documents, in which there was a lot of evidence of the disputed activities of government officials, court decisions contradicting each other, answers and formal replies of law enforcement and state bodies, original documents from the criminal case against the people of the Khanty-Mansiysk Bank buried, as it seemed then, in the bowels of the prosecutor’s office and the IC of the Tyumen region! Numerous evidences of corruption by senior officials, documents of claims for the expropriation of property and answers to them, including the answers of our Chairman of the UK, the administration of President Putin and Prime Minister Medvedev, were abroad. The departure of such a shot as Schmidt to Cyprus is a gigantic omission of the regional special services, the FSB under the leadership of General Pyatiletov and law enforcement agencies of the Tyumen region at that time.
It is one thing when Schmidt won the courts because of the entrenched vestiges of the old judicial system inherited from the USSR and Yeltsin, who, like him, believed in justice, and another thing was that Schmidt arrived to the EU with all the materials. This is a bomb! Subsequently, he sought asylum and protection from the authorities of the Republic of Cyprus and used the exported materials and evidence in the International Commercial Arbitration Court in a lawsuit by shareholders against Russia for the expropriation of their property. This, of course, is an act of provocation hostile to our system.
The situation was complicated by the fact that the president of the Luxembourg company Dastin Handelshaus AG, his own younger brother, Franc Smidt, a German citizen, turned out to be Chairman of the Board of the European Union of Independent Journalists, a non-profit non-governmental organization in Luxembourg. It was natural to assume that they would begin to defend their rights together by all legal means. In Europe, no one can prevent them from effectively protecting their rights, since their traditional and decaying democracy is fundamentally different from our sovereign democracy.
They have begun their act
First of all, the shareholders of the Luxembourg company Dastin Handelshaus AG Vladislav Reger and Franc Smidt wrote statements about the expropriation of their company’s investments (property) in the Russian Federation to the government bodies of Russia and the Grand Duchy of Luxembourg. According to the Agreement between the states “on mutual protection of investments”, both states were to carry out procedural actions within 6 months. What did not happen.
At the same time, a number of independent journalists from 2013 to 2016 published a series of journalistic investigations in foreign and Russian publications about the regional state mafia in the Tyumen region, about werewolves in epaulets, about embezzlement of state funds, about concealment of criminal offenses by the top officials of the prosecutor’s office, special services and law enforcement agencies, about reprisals against entrepreneurs in general and against the Schmidt family in particular, about unlawful prosecution of knowingly innocent people.
Unfortunately, recently the president of our country had to deprive the generals, regional chiefs of the Ministry of Internal Affairs and the FSB of their posts and send a number of judges to resign. And transfer Governor Yakushev to an inconspicuous position in Moscow. All due to the leak of information, including to journalists, as well as the intra-clan struggle in the Kremlin. In the department of the FSB general Pyatiletov, a gang of killers and retirees was opened, consisting of senior officers of the FSB, the Ministry of Internal Affairs and other employees, who had been engaged in racketeering for many years and killed people in intimidation of entrepreneurs. Of course, our comrades showed up incorrectly there. We need to take into account in the work that truth-loving stubborn people, all kinds of human rights defenders and journalists, such Shmidts, are foreign agents and cause damage to our state system. We need to improve methods of dealing with them.
But back to the topic of our lecture! The shareholders of the Luxembourg company invited for consultation a member of the Human Rights Council under the President of the Russian Federation, a professor, a respected lawyer, Mr. Evgeny Myslovsky, who has vast experience, thanks to his work in the past as a senior investigator for especially important cases at the General Prosecutor’s Office of the Russian Federation. They provided him with materials brought by A. Schmidt from Russia, as well as facts and evidence from journalistic investigations.
Subsequently, Professor E. Myslovsky reported the information to the Chairman of the Human Rights Council under the President of the Russian Federation, Fedotov, and he sent him to Tyumen on an official business trip to verify the facts. Of course, in Tyumen, he learned a lot of unnecessary things, no matter how they tried to hide information and destroy materials there.
In addition, E. Myslovsky was then the head of the Anti-Mafia Organized Crime Public Funding Fund in Russia, which was staffed by veterans of the prosecutor’s office and the Ministry of Internal Affairs, professional authoritative lawyers. Probably, then Myslovsky and Schmidt Jr. agreed to publish under the auspices of the European Union of Independent Journalists the monthly socio-political magazine EU-Objective / OBJECTIVE for Russian-speaking readers of the Council of Europe member states. Independent investigative journalists and the Antimafia Foundation began providing materials to the journal. The journal archive has been maintained since 2013 and is available here: https://eu-objective.online/arhiv/. This is an enemy of our system magazine.
The editorial board sent publications to the departments and bodies of Russia and the EU. Can you imagine what unjust damage they inflicted on our system and our state? Due to the action of the Objective magazine “Stop the Corruption” a number of international investment transactions in the Tyumen region were stopped by Governor Yakushev, the approaches of our interested group to the prince of the Grand Duchy of Luxembourg, who is in charge of the economic affairs of his country, were disrupted, government agencies, Tyumen courts, officials were compromised, prominent members of the country’s leading political party …. This is clearly with the filing and with the assistance of the State Department! I think so…
And that’s not all! Returning from Tyumen, Professor Myslovsky published a series of his expert assessments of illegal actions by law enforcement agencies, courts, government officials and, worst of all, made a speech at a meeting of the Human Rights Council under the President of the Russian Federation, speaking under television cameras and in the presence of the first person of the state: “I received an appeal from the European Association of Independent Journalists with a request to check not the fact itself, but how the complaint of the businessman from Tyumen Schmidt, who contacted the President’s office 39 times, was checked. 39 times from the President’s office, these complaints were forwarded to the prosecutor’s office, the Supreme Court, the Supreme Arbitration Court, and the Ministry of Internal Affairs. And all 39 times they received answers that everything is in order, although in fact, never a single complaint was checked. I went to Tyumen, checked — my hair stood on end. And the worst thing is that the people who were supposed to deal with this matter all declined to meet. When I came to the Arbitration Court of the Tyumen Region, I had to look at archival files a decade ago. The chairman of the court declined to meet, threw me to the manager of affairs, and he turned my nose in front of my nose and said: “And who are you? You, — he says, — you are nobody. «I carefully studied the position of the Council, you are nobody, you have no right to demand information from the judiciary.» True, he did not take into account the fact that I had worked as an investigator for almost 25 years, and therefore received information. True, I had to study it from photocopies, it took a lot of time and effort. All this is due to what? Due to the fact that the technological chain of complaint verification is violated: commission, execution, control, responsibility. There is no control and responsibility, they are thrown out of activity. Here, I’m sorry, I want to give you advice as a member of the Council: please bring in your staff a small group of people who would not check the complaints themselves on the spot, but how they are checked and whether they are checked at all. This is something that can, firstly, increase the prestige of the presidential service, can discipline these villains, let’s say, ours, who dishonour state bodies. In general, my research resulted in more than 60 pages of typescript, I still have not finished describing them. But I made several publications in the media. And here is a characteristic feature, all that we called there — it was both the General Prosecutor’s Office, and the prosecutor’s office of the Tyumen Region, the Ministry of Internal Affairs, the Central Bank, the Supreme Arbitration Court — everyone keeps dead silence: there were no such publications, no one knows, no one did not hear anything. I understand if someone said: “Myslovsky, you are a fool. What are you writing there? Think about it. It it’s a no, then it’s a deathly silence. This position, when they do not respond to speeches in the media, is a very dangerous, in my opinion, trend. (http://eu-objective.online/wp-content/uploads/2018/08/02.pdf page 40).
As your lecturer, I can tell you: from that time I am of the opinion that all these human rights defenders only stir up water, they must be eliminated in our country, since they are all agents of influence or the fifth column. This Myslovsky, like Schmidt, believes in some kind of mythical justice … He reports to our Vladimirovladimirovich … An explicit agent of influence, as he himself said: «… appeal of the European Association of Independent Journalists …» So what?! Where is Europe and where are we? Vladimir Vladimirovich — a statesman and will not give offense to our Russia! Not for this inserted from the knees!
Sharing best practices
on a practical example of an outstanding employee of our corporation — senior investigator for especially important cases of the fourth investigative department Maslov K.V.
So, we will begin to analyse the best practices of investigator Maslov, which we all should learn from.
At the last lecture, you were given homework to download and study the decision of the International Commercial Arbitration Court at the IPPC (Cyprus) in Russian: https://arbitration.icpp.center/wp-content/uploads/2019/08/%D0%A0%D0%B5%D1%88%D0%B5%D0%BD%D0%B8%D0%B5-%D0%9C%D0%9A%D0%90-DHH-ru.pdf also in English: http://arbitration.icpp.center/wp-content/uploads/2018/08/7_11_14_.pdf as well as seditious textbook of the brightest representative of the fifth column in our country Boris Karabelnikova «INTERNATIONAL COMMERCIAL ARBITRATION», recommended for free distribution in our country: http://arbitration.icpp.center/wp-content/uploads/2018/08/7_11_14_.pdf
This decision of the arbitration and this textbook of Karabelnikov are disruptive literature and encroach on our sovereign system of power. We are petitioning Rospotrebnadzor to block all sites that host this book, as well as the ICAC site. It is enough to look at the track record of the author of this supposedly textbook, and it immediately becomes clear that this person is at least an influence agent of the State Department, the very liberal democracy that our Vladimvladimirovich said that she had outlived herself. Using this book and the example of the ICAC Decision, entrepreneurs learn how to circumvent our native law enforcement system and domestic legislation of Russia.
Judge for yourself. The author of the textbook calls himself a specialist in the field of civil and international private law, international commercial arbitration, a candidate of legal sciences, the author of 7 monographs and more than 50 articles published in Russia, Austria, Great Britain, Germany, France, Sweden and the Netherlands. We understand how he became an agent of influence: in 1993-2000. worked at the international law firm Salans Hertzfeld & Heilbronn, in its offices in Moscow and London; since 2005 — arbitrator of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation; since 2007 — judge of the Administrative Tribunal of the European Bank for Reconstruction and Development; from June 2003 to July 2007 — chief editor of the journal «International Commercial Arbitration»; from May 2008 to May 2013 — member of the Court of the London International Arbitration Court (LCIA), participated as an arbitrator and chairman of the arbitral tribunal when considering cases under the rules of the ICAC at the RF CCI, LCIA and the Arbitration Institute of the Stockholm Chamber of Commerce. Enough to understand that this person is the ideological enemy of our system. It shapes the minds of the masses by releasing its vile books and articles, thereby inspiring some members of the masses with faith in some mythical norms of private international law, by virtue of international law, contrasting our liberal sovereign system with all this liberal-legislative rubbish.
The decision of the International Commercial Arbitration Court at the ICPP, hereinafter referred to as the ICAC at the ICPP, which we are considering is an applied product of the decaying system of the West, aimed at undermining our foundations, our entire system. This Decision is dangerous in that it is a clear example of the implementation of ways to protect our rights in the framework of an international law hostile to us and is regarded by us as an encroachment on our system, our foundations, our legal field, and «ours.»
Therefore, since the Government of the Russian Federation received this Decision, at the very top it was decided to create an interdepartmental group of the FSB and the Investigative Committee of the Russian Federation, and our best investigator K. Maslov was appointed head of the group. The task set for the group is to “break up”, “to compromise”, “to destroy” such an impudent creep as: “10. The ICAC at the ICPP orders the state bodies, banking and other financial institutions whose competence or authority falls within the scope of this Decision to recover jointly and severally from the RUSSIAN FEDERATION … and from the Grand Duchy of Luxembourg … to the shareholders of Dastin Handelshaus AG economic damage in the amount of 51 876 434.00 (fifty-one million eight hundred seventy-six thousand four hundred thirty-four) euros”, — using any methods, including operational, blackmail, compromising materials, involving special agents, useful idiots in the West, environment, etc. accused.
In addition, Investigator Maslov needed to organize the case so that the Decision itself did not appear in the case, since it contains a huge number of facts of allegedly unlawful activity of state bodies and officials and a number of evidence of the alleged expropriation of property of a foreign investor in the Russian Federation, and the allegedly unlawful persecution of shareholders. Plus, the text of the decision justifies its adoption by the arbitrator, explains the competence and arbitrability of the arbitration, indicates that all parties involved and non-parties to the proceedings were duly notified of the proceedings, that this decision was not challenged in time by any of the parties to the arbitration in the Republic of Cyprus, as it provides for the Cyprus Law on International Commercial Arbitration. This means only one thing — the decision on all their rotten norms has come into force. This is bad for us! But it is what it is! Even if this was the case, this does not mean that some impudent shareholders have the right to collect something from our state, encroaching on our sovereign system of sacredness. We are the gatherers! We will not give anything back! Our grandfathers fought for it!
Can’t drink out the experience!
Naturally, the experienced investigator Maslov immediately identified the task to the brigade: we are looking for grounds to institute criminal proceedings against the initiators and participants of this Decision in order to get away from civil proceedings, jurisdiction, International treaties and other nonsense. The main thing is to prevent the ICAC Decision at the ICPP in the case file, because white is called white and black is black.
The difficulty was that the criminal case and the prosecution needed to be formed against Franc Smidt, and if possible, against Alexei Schmidt, who received asylum and state protection in Cyprus. And Franc Smidt is a German citizen. That is, it is necessary, including skilfully circumventing the oversight body — the prosecutor’s office, which in the person of the head of the extradition department of the Moscow prosecutor’s office Larisa Afanasyeva for some reason publicly explained to us and our enemies the legal basis for the criminal prosecution of foreign citizens who “committed crimes in Russia” and subsequently found beyond its borders: “One of the types of international legal cooperation in the field of criminal proceedings is the criminal prosecution by the competent authorities of their states at the request of the competent authorities of foreign states for crimes committed on the territory of the inquiring government. The grounds for cooperation in this area arise in cases where a person has committed a crime in the territory of a foreign state and then returned to the state of his nationality (for which reason he is not subject to extradition).
The grounds for cooperation in this area arise in cases where a person has committed a crime in the territory of a foreign state and then returned to the state of his nationality (for which reason he is not subject to extradition).
In this case, if the crime in which the case is brought, entails civil law claims of persons who have suffered damage from the crime, these claims, if there is a request for damages, are considered in this case.
According to Art. 458 of the Code of Criminal Procedure of the Russian Federation, the central authority for considering issues related to the submission of materials of an initiated and investigated criminal case to the competent authorities of a foreign state for criminal prosecution is the General Prosecutor’s Office of the Russian Federation.
In this regard, when establishing an accused who is a foreign citizen on the territory of the state of nationality, all materials of the criminal case under investigation are transferred to the supervising prosecutor by the investigation body to decide on their referral to the General Prosecutor’s Office of the Russian Federation with instructions for criminal prosecution.
In accordance with the requirements of international legal acts, all criminal case materials at the disposal of the requesting state, as well as objects, documents recognized as material evidence in the framework of the criminal case, with the exception of items returned to the participants in criminal proceedings, are attached to the request for criminal prosecution, or prohibited for circulation or circulation of which is limited in accordance with the legislation of the Russian Federation (weapons, narcotic drugs, etc. other).
If the accused, along with the citizenship of the Russian Federation, has the citizenship of a foreign state (dual citizenship), in accordance with the European Convention on Mutual Assistance in Criminal Matters of April 20, 1959, copies certified by the official seal of the competent authority may be sent to the foreign state criminal case with a request to consider in accordance with the legislation of the requested state the issue of initiating criminal prosecution.
Based on the results of the criminal prosecution, the requested party is obliged to notify the requesting party of the final decision in this criminal case.”
That’s about such shortcomings in our bodies that remained after Yeltsin’s democracy, I said at the beginning of our lecture. Ask yourself: who do they work for?
And one more difficulty — Franc Smidt is a German citizen, born in the USSR, more precisely in the Kazakh SSR, he never acquired Russian citizenship, was not in Russia to carry out his plans and, accordingly, did not commit criminal acts. He did not enforce the ICAC Decision under the ICPP on the territory of Russia and never signed the decision. But he is an ideological enemy of our system, as he sponsors the European magazine OBJECTIVE, which is hostile to our regime, and the International Bureau of Journalistic Investigations under the International Committee for the Protection of Property, registered in the Republic of Cyprus, in which, incidentally, the unfortunate ICAC exists on the basis of the Rules. He publishes himself and assists our enemies in publishing materials that compromise our power. Such active and proactive publicists are very dangerous! Remember who Hitler considered the enemy of nation number one? Correctly! Julius Fučík, Czech journalist! Not Stalin!
So, the tasks must be completed!
Let’s look at how the Master does it:
Translation to English:
On the initiation of a criminal case and its production
June 29, 2017
16 hour 30 min.
Senior investigator on especially important cases of the first investigative department of the fourth investigative department (with a deployment in the city of Yekaterinburg) of the Main Investigative Department of the Investigative Committee of the Russian Federation, Lieutenant Colonel of Justice K. Maslov, having examined the “Report of the crime on the detection of signs of crime” stipulated by p1. art.30, h. 4 Article. 159 of the Criminal Code, senior Investigator for Particularly Important Cases of the First Investigation Department of the Fourth Investigation Department (with a deployment in the city of Yekaterinburg) of the Main Investigation Department of the Investigative Committee of the Russian Federation, Lieutenant Colonel of Justice
In the period from 2014 to 2016, unidentified persons prepared for fraud, that is, the theft of another’s property by fraud, committed on a particularly large scale, under the following circumstances.
In the period from 2014 to 03/11/2016, unidentified persons out of mercenary motives for the purpose of illegally seizing the money of the Russian Federation in a particularly large amount, by receiving cash payments on the basis of providing the executive authorities authorized to take appropriate decisions with knowingly false information about there are circumstances the occurrence of which is a condition for receiving the appropriate payments, we organized the production of a document with the name “decision of international arbitration court at the International Committee for the Protection of Property in case No. 1 AC г-7/11/14 “Shareholders of the company Dastin Handelshaus AG Aleksei Smidt v. Russian Federation and the Grand Duchy of Luxembourg” on the compensation for economic damage” Compensation for the amount of expropriated direct investment and lost profit” dated March 8, 2016 (hereinafter the Decision dated March 8, 2016).
The Resolution of March 08, 2016 indicates that the International Commercial Arbitration Court at the International Committee for the Protection of Property (hereinafter ICPP), upon consideration of the statement of claim, orders the defendants of the Russian Federation and the Grand Duchy of Luxembourg jointly and severally to pay the plaintiffs, the shareholders of Dastin Handelshaus AG (Grand Duchy of Luxembourg), capital of total amount of 52 355 181.7 euros, which, according to the euro to ruble rate set by the Central Bank of the Russian Federation on 03/11/2016 , composition 4,082,746,072 rubles. 77 cop. were set for compensation cumulatively caused economic damage, as well as lost profits and legal costs, and transfer the indicated amount of money to the account of the International Committee for the Protection of Property, having the following details: IССР, 20, Medousis str. 6302, Larnaca, Cyprus, IBAN EUR: CY 92126000000000000028301001, RCB Bank Ltd, Nicosia Branch, Cyprus SWIFT Code: RCBLCY21.
In accordance with the criminal intent of the above unidentified persons, this document was intended to mislead the employees of the relevant state authorities of the Russian Federation, authorized to make decisions on making cash payments by decisions of international courts, and creating visibility because the above document is the decision of a permanent arbitration institution, performing the functions of international commercial arbitration.
After that, unidentified persons organized the delivery of the above Decision dated 03/08/2016 to the Government of the Russian Federation, then the network to the executive body authorized to make decisions on payments.
03/11/2016 Decision dated 03/08/2016 received by the Government of the Russian Federation.
However, the criminal intent of the above unidentified persons was not brought to an end due to circumstances beyond their control, since when the Decision of 08.03.2016 was considered by the state authorities of the Russian Federation, it was established that the ICAC is not an institution performing the functions of international commercial arbitration, having the power to consider similar claims and make appropriate decisions on the recovery from the Russian Federation the funds, since there is no agreement on the transfer of dispute to the ICAC between the Russian Federation either by natural or legal persons have never concluded.
In this regard, the transfer of funds by authorized government bodies of the Russian Federation to the account of the International Property Protection Committee did not occur, which, in its turn, did not allow the above unidentified persons to take possession of the specified funds.
Thus, in the actions of unidentified persons who made personal misappropriation of an attempt to illegally recover funds in a particularly large amount from the Russian Federation using a fictitious decision of an international commercial arbitration court, there are signs of a crime under Part 1 of the Civil Protection Act, 4 Art. 159 CC RF — preparations for fraud, that is the theft of another’s property by deception, committed on an especially large scale.
The reason for initiating a criminal case is a report on a crime received from other sources, about which the investigator compiled a report on the detection of evidence of a crime in accordance with Art. 143 of the Code of Criminal Procedure of the Russian Federation, the basis is the availability of sufficient data indicating “signs of a crime under” Part 1, Article 30, part 4 of Article 159 of the Criminal Code of the Russian Federation.
Taking into account that there is sufficient evidence to indicate signs of a crime under Part 1 of Art.30, p.4 and Art. 159 of the Criminal Code of the Russian Federation, guided by Article 38, 140, 145, 146, 151 and part of the first art. 156 Code of Criminal Procedure RF.
- Initiate a criminal case on the grounds of a crime under Part 1 of Art. 30, Part 4 of Art. 159 of the Criminal Code.
- Take the criminal case to its production and proceed with its investigation.
- A copy of this decision should be sent to the Deputy Prosecutor General of the Russian Federation.
Main Investigator for Particularly Important Cases of the First Investigation Department of the Fourth Investigation Department (with deployment in the city of Yekaterinburg).
The Main Investigative Department of the Investigative Committee of the Russian Federation lieutenant colonel of justice.
A copy of this resolution was sent to the Deputy Prosecutor General of the Russian Federation on 29 June 2017 at 16 hours and 45 minutes.
Main Investigator for Particularly Important Cases of the First Investigation Department of the Fourth Investigation Department (with a deployment in the city of Yekaterinburg) of the Main Investigation Department of the Investigative Committee of the Russian Federation, Lieutenant Colonel of Justice.
Signature of K.V. Maslov
Expert investigator Maslov talentedly bypasses this decision on territoriality, jurisdiction, does not name specific defendants, avoids international law, misrepresents information, expertly applies logical fabrication and professionally uses the entire vocabulary of the elementary school of police without ever affecting the text of the ICAC Decision at the ICPP, which, for reasons you understand, should not be in a criminal case.
Evaluate some of its text and learn: “Between 2014 and 2016, unidentified persons made preparations for fraud, that is, the theft of other people’s property by fraud, committed on a particularly large scale, under the following circumstances.” And no one will understand these persons have committed “preparation for fraud” or “theft of another’s property by deception committed on an especially large scale”. Our system, of course, will correctly understand that “theft of property on an especially large scale has been completed!” And lexicology itself is simply brilliant: “out of mercenary motives”, “illegal seizure”, “knowingly false information”, “organized the production of a document with the title” decision of an international commercial arbitration court … ”, “ in accordance with criminal intent … ”, “Organized the delivery of the above Decision of March 8, 2016 to the Government of the Russian Federation …”, “using a fictitious decision of the international commercial arbitration court …”
Well, half the battle is done! And now all this must be hanged on Franc Smidt, that is, to indict. And our Master, Colonel of Justice K. Maslov did it!
Consider the most talented findings of investigator Maslov from his decision on the involvement of the accused of May 29, 2018:
“… In the period from 01.01. 2014 to 28.03. 2014, more precisely, the time has not been established by the investigation, F. Smidt had an intention to embezzle money and property of countries — members of the Commonwealth of Independent States, including the Russian Federation” by illegally recovering funds according to decisions specially made for this purpose by the international commercial arbitration court.
According to the developed plan to achieve the above criminal goals F. Smidt decided to create a new legal entity in the jurisdiction of the Republic of Cyprus, declaring as its goals and objectives activities in defense of entrepreneurs under the guise of a «union of organizations in defense of the business», and also acting as an international commercial arbitration … «
So, in one fell swoop, our pride, our Master, revealed the intentions and intentions of the President of the non-profit and non-governmental organization European Union of Independent Journalists (CJES), registered since 2003 in the Grand Duchy of Luxembourg, our enemy F. Smidt, simultaneously accusing illegal collection of funds. The criminal case should serve certain purposes, therefore, the Master determined very precisely that Smidt decided to create a new structure in the jurisdiction of the Republic of Cyprus. And few now bother to check the register of legal entities in Cyprus, where you can see that Franc Smidt did not establish a new non-profit organization, that two legal entities from the EU countries initiated the creation of the International Committee for the Protection of Property (ICPP). Even fewer people will read the Charter, the Memorandum and extracts from the register, where the founders are listed, the goals of the non-profit organization. And only specialists can understand that the state registration of a legal entity is carried out in accordance with the legislation of the Republic of Cyprus in almost the same way as in all countries of the decaying West. Investigator Maltsev lays a new initiative — destroys the legitimacy of the rights of a sovereign EU state and empowered to torpedo the rights of citizens and legal entities to freedoms, initiatives and other liberal excesses. And such subtleties as the Board of the ICPP- the collective governing body — will not interest anyone at all. It is done!
But we will continue to defame F. Smidt “… In addition, according to the criminal intent of F. Smidt, the total amount of such property claims against the member states of the Commonwealth of Independent States, including the Russian Federation, will be approximately $ 150 billion … » Imagine what Smidt swung at? Our valiant investigator of the RF IC, our comrade, managed to stop the attempt to seize $ 150 billion from Russia and our fraternal countries as a commonwealth in the most difficult conditions for Russia, when we were attacked by insidious Georgia, when the vile Ukraine stuck a knife in our back, turning to face the European Union both NATO and our ass, when our neighbours are ready to slip out of the good neighbourly relations with us, from our fraternal embrace, when our country mobilized all resources to stand up from our knees and show everyone “Кузькину мать” (eng: kuzkin’s mother).
You have before your eyes the whole text of Maslov’s Decree. Do not think that there are many controversial issues. Of course, it will not reach the trial in Germany. That is not the purpose. And Germany does not give out its citizens … The main thing in criminal prosecution is to achieve its goals. Harassing means blackmailing, spoiling life, business, reputation … All that is possible to make you shut up. So, it was not in vain that I mentioned that a working group was created consisting of not only operational law enforcement officers, the FSB, investigators of the RF IC, but our agents and useful idiots in the EU countries, in particular in Germany, the Czech Republic, and Cyprus, were also involved. I do not have the right to call our heroes, but conditionally Lebedev Aleksey Yuryevich, in the conditional Republic of Cyprus, infiltrated the Board of the ICPP under the nose of Smidt and played the right role in the right place. The agent’s task is not to light up himself, but to use useful idiots, try to find contacts in Smidt’s circle.
The history of mankind from the beginning we know to the present day contains examples of betrayal described in the Bible on the example of Judah, who sold Christ for 30 pieces of silver. Such Judas worth 30 pieces of silver are everywhere, always and at all times.
This contact was found in the person of conditional Vladislav Reger. This is good luck for us! If you remember from the ICAC Decision, he was a claimant in the ICAC at the ICPP from the Luxembourg company Dastin Handelshaus AG. Naturally, working for us and for helping to organize a criminal prosecution, he, as Maslov promised him, does not appear as an accused in a criminal case. In addition, with the help of our comrades abroad, our friend Vladislav Reger was to seize a diamond factory from the Czech Republic from F. Smidt as gratitude. But I must admit, there were mistakes. So, by an unfortunate mistake, our people Maxim Goncharenko, the son of the famous admiral, a senior officer of the GRU General Staff in the recent past, and the aforementioned Alexey Lebedev appeared as the founders with Reger in the company Invest Diamond s.r.o. in the Czech Republic, which seized the assets of Schmidt. Moreover, Goncharenko lit up our treasury in the friendly Lebanon bank IGL Bank (Beirut), from where he transferred money for Reger’s business to the Czech Republic, such as for diamonds for ICO. Now the Czech law enforcement agencies deal with this issue. And journalists attacked the trail … The end is yet unknown. Here is their publication: in Russian — https://eu-objective.online/ico/, in English language https://eu-objective.online/ico-what-was-that-its-time-to-delve-into-the-situation/in Czech — https://eu-objective.online/ico-cz/
But investigator Maslov has nothing to do with it. Obviously, the guys were greedy and unlawful activities piled on. Then they quickly changed their minds and left the Reger company, but traces remained in the Czech registry. And there, too, there are special services. But this is another topic of my next lecture…
I will give one more successful example of the actions of our group in the interests of our country. Everyone understands that the site of the arbitration court interfered with Maslov’s work in a criminal case? In addition to the fact that UNCITRAL Rules, the ICAC Rules, Karabelnikov’s book, the 1958 UN Convention, the Cyprus Law on International Commercial Arbitration, the ICAC constituent documents with goals and objectives, a list of recommended arbitrators for the selection of parties were posted there, at the request of shareholders The ICAC Decision itself under the ICPP itself, issued by an independent arbitrator S. Avetisyan in the ad hoc procedure, was posted. And this Decision completely refutes the criminally crafted criminal case against F. Smidt. And here our special guys and Reger tried and were able to intimidate and convince a freelancer with the conditional name Egor Hulyi, who worked under the contract as a hosting and site administrator, with a Ukrainian passport, but a Russian graduate student. And the respected freelancer transferred access rights to the domain name and site management console to Reger. And our invaluable Vladislav Reger in one night reissued all the rights to himself personally and demolished the sites of the magazine OBJECTIVE and ICAC that they hated. It was our little victory! And, I think, a strong blow to our enemies, because thanks to Reger, we got access to all official emails, business correspondence, including investigative journalists, to confidential databases. And now we use the information received in the work. True, our enemies managed to quickly restore sites. Now they have a magazine site at this address: https://eu-objective.online/, the archive of all issues of the magazine here: http://eu-objective.online/arhiv/
Moreover, they have restored the sites of the ICPP and ICAC: Russian —http://icpp.center/ru/%d0%b4%d0%be%d0%bc/
Now, of course, everyone can see again that this ICAC is no different from the hundreds of other permanent international commercial arbitration courts lawfully operating under various chambers and associations in the world. I think that our guys are now working in this difficult situation in the decaying West. But they need to be careful because there the security forces are already beginning to oppose us.
So, in November last year, Czech Foreign Minister Tomas Petršicek called Russia a “threat” to the European Union. According to him, Moscow poses a «real risk» due to «the spread of misinformation and various hybrid threats.» What’s the matter? The Czech Republic is almost ours; their president is ours, we bought Karlovy Vary and Prague. What can’t shut up the minister? Or maybe we need to share our experience … well … or money? We must begin to actively influence the courts and the police there and discredit their counterintelligence.
And the Schmidt brothers also did not doze off and released a libel in the form of the magazine “Private Issue”. The Schmidt family against the mafia state”, in which they made miserable attempts to bring evidence of the fabrication of a criminal case by our hero investigator Maslov. Your homework will be associated with this release, so download it at: https://eu-objective.online/wp-content/uploads/2019/11/%D1%81%D0%BF%D0%B5%D1%86%D0%B2%D1%8B%D0%BF%D1%83%D1%81%D0%BA.pdf
It is bad that they translated into Russian some of the standards, their statutory documents, and, in particular, the Law of the Republic of Cyprus No. 101 of 1987 on International Commercial Arbitration. Thinking enemy elements and the fifth column now have access to unnecessary information. This Law, invented by the Cypriots, provides for provisions that greatly harm us:
“(3) An arbitration agreement shall be deemed to be concluded in writing if it is contained in a document signed by the parties or received as a result of an exchange of letters, by telex, telegram or other means of communication that fix the agreement, or as a result of the transfer of a statement of claim and objections to the claim, if one of the parties declares the existence of an arbitration agreement, and the second party does not object to such a statement.
A reference in a contract to any document containing an arbitration clause constitutes an arbitration agreement, provided that the contract is in writing and that link makes the mentioned clause part of the contract.”
«16. (1) The arbitral tribunal may itself issue an order on its jurisdiction, including for any objection to the existence or validity of the arbitration agreement. For the purposes of this paragraph, an arbitration clause that is part of a contract shall be construed as an agreement independent of other terms of the contract. The adoption by the arbitral tribunal of a decision on the invalidity of the contract does not entail ipso jure the invalidity of the arbitration clause.”
“Failure to submit documents or failure to appear 25. Unless otherwise agreed by the parties, in cases where without indicating a good reason
a) the plaintiff does not submit his statement of claim in accordance with paragraph 1 of Article 23, the arbitral tribunal shall terminate the proceedings;
b) the defendant does not present his objections to the claim in accordance with paragraph 1 of Article 23, the arbitral tribunal continues the proceedings, not considering the very fact of such failure to admit the plaintiff’s allegations;
c) either party does not attend the hearing or does not present documentary evidence, the arbitral tribunal may continue the proceedings and make a decision on the basis of the evidence available to it …
(4) After the award is made, each party shall be presented with a copy signed by the arbitrators in accordance with clause 1 of this section.”
34. (1) An appeal in a court of an arbitral award may only be made by filing a motion for cancellation in accordance with the following paragraphs of this section.
(3) A motion for cancellation cannot be filed after three months from the date on which the party submitting the motion received an arbitral award, and if a request was made in accordance with Section 33, from the date the arbitral tribunal adjudicates this request.”
«35. (1) An arbitral award, irrespective of the country in which it was made, is recognized as binding. When submitting a written petition to either party, the court shall order the enforcement of the award, taking into account the provisions of this article and the following articles.”
I hope you understand that F. Smidt entered into a conspiracy with the deputies of the Parliament of the Republic of Cyprus back in 1987. Under it, the deputies made this Law, hiding behind the UN Convention. Our investigator Maslov was obliged to torpedo this Law and their plans against our homeland!
We continue. Somehow, Franc Smidt found out that investigator Maslov was conducting a criminal case against him, despite the fact that everything was done by a special group in secret. And he concluded a contract with the lawyer of the Moscow college of lawyers «Unity» Mr. O.A. Korkishchenko to protect his rights and interests. It should be noted that this Korkishchenko, of course, is a real wolf, because before the practice of law he worked as a judge for many years and knows our entire kitchen from the inside. The whole apparatus of the IC of the Russian Federation worked to ensure that this lawyer did not go to the investigator, so that Korkishchenko did not gain access to the materials of the criminal case. All our tricks were used: formal replies that there was no such criminal case in the Investigative Committee, dummy officers, refusals of admission … So, seven months. But Korkishchenko did not give up, wrote appeals, including to the leadership of the CC and to the prosecutor’s office, threatened to go to court. And again, the prosecutor’s office, posing as a supervisory authority, intervened and ruined everything. Therefore, I will not tire of repeating to you that in our country a supervisory authority over the actions of the CC is not needed! Independent advocacy also needs to be eliminated. Let there be state lawyers appointed by the investigator. We ask the legislators and the supreme about this. Look how the supervising prosecutor V.A. Drozdetsky by his decision played into the hands of our enemies and framed our hero Maslov.
Translation to English:
To the lawyer of the Moscow college of lawyers «Единство”.
To Korkishchenko Oleg Anatolyevich
22. Ordzhonikidze, house 9, cor. 2 room 22.
The Office of the Prosecutor General of the Russian Federation in the Urals Federal District on December 13 and 17, 2018 received two of your complaints to the response of the inspector of the Fourth Investigation Department (with a deployment in the city of Yekaterinburg) of the Main Investigative Department of the Investigative Committee of the Russian Federation (hereinafter — the fourth) Investigation Department) Kosova P.E. when considering applications in a criminal case
According to the results of the audit, the arguments of the appeal are recognized as justified. In this regard, the head of the fourth investigative department of the Main Investigative Department of the Investigative Committee of the Russian Federation is required to eliminate the violations identified.
This decision may be appealed to a higher prosecutor or to a court.
Appendix: copy of the decision to be sent to the Head of the department for supervision of operational investigative and procedural activities of the Office of the General Prosecutor of the Russian Federation in the Urals Federal District 3 State Advisor of Justice of the 3rd class.
Signature of V.A Drosdetsky
full satisfaction of the complaint
City of Ekaterinburg 2018
The head of the department for supervision of operational-search and procedural activities of the Directorate of the General Prosecutor of the Russian Federation in the Ural Federal District, State Counsellor of Justice of the 3rd class VA Drozdetsky, having examined the appeal of the lawyer O. Korkshtsenko from 11/24/2018,
The Office of the General Prosecutor of the Russian Federation in the Ural Federal District (hereinafter referred to as the Office) received a complaint from a lawyer O.A. Korkishchenko on December 13, 2018. dated 11.24.2018 to the response of the inspector of the Fourth Investigation Department (with deployment in the city of Yekaterinburg) of the Main Investigation Department of the Investigative Committee of the Russian Federation (hereinafter — the Fourth Investigation Department) Kosova P.E. when considering applications in a criminal case.
In addition, on December 17, 2018, a duplicate of this appeal was received from the prosecutor’s office of the Sverdlovsk region. In accordance with the requirements of paragraph 3.13 of the Instruction on the procedure for considering applications and receiving citizens in the bodies of the prosecutor’s office of the Russian Federation, approved by order of the Prosecutor General of the Russian Federation dated 01.30.2013 No. 45, its consideration was organized simultaneously with the initial application.
In this regard, a motivated request was sent to the Fourth Investigation Department on 12/19/2018 for the prosecutor to submit necessary documents, which in violation of the requirements of Article 21 of the Code of Criminal Procedure of the Russian Federation and Article 6 of the Federal Law of 17.01.1992 No. 2202-1 “On the Russian Prosecutor’s Office” Federation” in a timely manner not executed.
Given the above, relevant information about the violation of the law and the inaction of the employees of the Fourth Investigation Department was sent to the head of the Main Investigation Department of the Investigative Committee of the Russian Federation.
Since the prosecutor is obliged to resolve the complaint within 3 days, and Art. 124 of the Code of Criminal Procedure of the Russian Federation provides for the possibility of extending this period only up to 10 days, after which the fourth investigative department did not provide an answer, this check was carried out on the basis of this appeal, copies of procedural documents attached to it and materials available in the supervisory proceedings
It was established that the fourth investigative department on September 20 and 28, 2018 received two petitions of the lawyer O. Korkishchenko, which indicated the conclusion of an agreement to represent the interests of Smidt F., the defendant in a criminal case, under the fourth investigation department.
In view of the above, Korkishchenko O.A. requested that she participate as a defender and familiarize, on the basis of clause 6 of part 3 of Article 53 of the Code of Criminal Procedure of the Russian Federation, with documents that were presented or should have been presented to the suspect or accused, including with decisions to institute criminal proceedings, bringing F. Smidt as an accused and choosing a preventive measure.
From the appeal of Korkishchenko O.A, it follows that, based on the results of the consideration of this application, the applicant signed by the inspector of the Fourth Investigation Department of Kosovo P.E. 10.16.2018 a written response is given in which there is disagreement with the availability of legal grounds from a lawyer O.Korkishchenko file petitions in a criminal case, since it is not possible to establish whether there is consent of F. Smidt, who is wanted, the location of which is unknown, to participate in the criminal case of the said lawyer as a defender. In this regard, the named inspector returned the warrant and a copy of the lawyer’s certificate.
At the same time, in accordance with part 1 of Article 119 of the Code of Criminal Procedure of the Russian Federation, the defense lawyer is entitled to file a motion to take procedural actions or take procedural decisions to establish circumstances relevant to the criminal case, to ensure the rights and legitimate interests of the person or organization represented by him.
It follows from Article 120 of the Code of Criminal Procedure of the Russian Federation that a petition can be filed at any time during the criminal proceedings and a written petition is attached to the criminal case. Moreover, based on Article 121 of the Code of Criminal Procedure of the Russian Federation, such an application is subject to review and resolution immediately after its application. In cases where an immediate decision on the petition made during the preliminary investigation is impossible, it must be allowed no later than 3 days from the date of its application.
Article 122 of the Code of Criminal Procedure of the Russian Federation states that the inquiry officer, investigator, judge shall issue a decision on the satisfaction of the application or on the total or partial refusal of its satisfaction, and the court shall issue a ruling, which shall be notified to the person who has submitted the application.
Thus, the decision on the petition in this case should be made by the investigator in the process of the criminal case, or the head of the investigating authority in accordance with the powers established in article 39 of the Code of Criminal Procedure of the Russian Federation.
From the documents available in the department, it was established that at the time of receipt of the application, Korkishchenko OA to the fourth investigative department (09/20/2018) a criminal case on charges of F. Smidt was in the proceedings of the senior investigator for particularly important cases of the fourth investigative department of Maslov K.V., since the terms of the case were extended until September 29, 2018.
Despite this, the stated request of the lawyer Korkishchenko O.A. in the time established by law and in the manner indicated by the investigator has not been considered, the corresponding re-establishment. as required by Article 122 of the Code of Criminal Procedure, it has not been issued.
Instead, the applicant was given an answer by the inspector of the fourth investigative department, that is, an official of the investigative body, who, according to Article 122 of the Code of Criminal Procedure of the Russian Federation, is not authorized to consider such appeals on the 27th day after the receipt of the application.
In addition, it is established that in relation to Smidt F.I. On May 29, 2018, a decision was made to bring him on as an accused, and on July 5, 2018 he was put on the wanted list.
According to paragraph 8 parts 4 articles 47 Code of Criminal Procedure in the specified procedural status F. Smidt has the right to use the assistance of a defender.
In accordance with parts 1 and 4 of Article 49 of the Code of Criminal Procedure, a lawyer enters the case as a defender of the accused upon presentation of a lawyer’s certificate and warrant.
Part 2 of Article 6 of the Federal Law of May 31, 2002 No. 63-FL “On Advocacy and the Bar in the Russian Federation” implies that in cases provided for by federal law, an advocate must have a warrant for the execution of an order issued by the relevant advocate institution. In this case, no one has the right to require the lawyer and his principal to present an agreement on the provision of legal assistance for the lawyer to enter the case.
According to part 1 of Article 50 of the Code of Criminal Procedure, a defender could be invited not only by the accused, but also by another person with the consent of the accused.
The Criminal Procedure Law does not regulate the form and content of this consent. The Federal Law of May 31, 2002 No. 63-FL on Advocacy and the Bar in the Russian Federation does not contain these requirements.
The indicated set of norms of federal legislation testifies that the person who has been charged has the right to participate in the criminal case of a defender representing his interests.
Moreover, the criminal procedure law does not make this right dependent on whether the accused person is wanted or not.
Another person can ensure the participation of a defender in the criminal case in the interests of the accused, but with the consent of the accused.
Thus, when investigating an application for a criminal case from an attorney, the investigating authorities must make sure that the attorney has an official certificate and the warrant of the latter.
Other restrictions would constitute a violation of the defendant’s rights to defense.
Given that the lawyer Korkishchenko Oh.A. the indicated documents (warrant and certificate) are presented, the refusal of his admission to participation in a criminal case is not based on law. In the direction addressed to Korkishchenko O.A. the response to the data refuting the fact that the accused invited the indicated lawyer to defend himself or the absence of Smidt F.’s consent to represent his interests by this lawyer was not provided. Thus, when a decision was made by the inspector of the fourth investigative department, the requirements of Part 4 of Article 7 of the Code of Criminal Procedure of the Russian Federation were violated.
In accordance with the legal position of the Constitutional Court of the Russian Federation, expressed in determination No. 42-0 of January 25, 2005, the officials responsible for the proceedings, when considering the application, must examine and evaluate all the arguments presented therein, motivate their decisions by pointing to specific, sufficient from the point of view of the principle, reasonable grounds on which these arguments are refuted.
The decision of the inspector of the Fourth Investigation Directorate expressed in the form of a letter dated 10.16.2018 on the petition of the defense attorney declared in the framework of the criminal case does not correspond to any of the above requirements.
Thus, the refusal to consider the lawyer’s request for admission as the defender of the accused in a criminal case was made by an inappropriate official, contrary to the requirements established by Articles 121 and 122 of the Code of Criminal Procedure, and there is no necessary motivation, in connection with which the response of the inspector of the fourth investigation department is illegal and unreasonable.
These circumstances led to the reasonable appeal Korkishchenko O.A. to the Office of the General Prosecutor of the Russian Federation in the Ural Federal District with a complaint against the decision of the inspector of the fourth investigative department of Kosov.
Based on the foregoing, guided by Article 124 of the Code of Criminal Procedure. Articles 29 and 30 of the Federal Law dated 17.01.1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation” and the requirements of the Order of the General Prosecutor of the Russian Federation dated 01.11.201 I No. 373 “On the Procedure for Considering Complaints about Actions (Inaction) and decisions of the body of inquiry, the inquiry officer, investigator, the head of the investigating authority and the prosecutor.”
Satisfy the complaint of the lawyer Korkishenko O.A. Inspector of the Fourth Investigation Department (with deployment in the city Ekaterinburg) of the Main Investigation Department of the Investigative Committee of the Russian Federation P.E. Kosov when considering applications in a criminal case
Copies of this resolution to be sent to the Head of Fourth Investigative Department (with deployment in the city of Yekaterinburg) of the Main Investigative Department of the Investigative Committee of the Russian Federation Ibievu R.K. in order to eliminate the revealed violations and ensure compliance with the procedural rights of the accused Smidt F.Y., guaranteed by the law, as well as to the head of the Main Investigation Department of the Investigative Committee of the Russian Federation E.V. Kaburneev to express and monitor the elimination of violations of the law.
Notify the applicant of the decision by explaining to him the procedure for appeal.
Head of Department V.A Drosdetsky
Think, against whom and for whom is this Drozdetsky working if he is preventing our investigator from doing justice? Now our minds will have to make new efforts to destroy our enemies under the name of Schmidt and protect our people from their creeps.
And as additional measures, so that the enemies do not perk up, I would recommend including additional proven hybrid methods against Schmidts. I myself wonder why, having so many opportunities through our agent network, through useful idiots, the possibilities of moral destruction and compromise have not been fully utilized? Are we using friendly media? Well, we know that the editorial board and the board of the Objective magazine at one time stopped working with the so-called independent journalist Nadezhda Popova, who, she claimed, was the only writer on sensitive nuclear topics. We have in our hands the official correspondence of this lady seized by Reger with the editors and journalists, where she defames our Vladimravladimirovich, obscures journalists, quarrels with everyone she can, is suing … Why not use her evil potential against Schmidt, not use her for our purposes? At one time, she literally «drenched» Sergei Kiriyenko. It is necessary to prompt Maslov. Why is Maxim Goncharenko, the potential of his father-admiral and the GRU of the General Staff of Russia, weakly involved in the case? Our agents are not only in Salisbury … We must unite and use all our strengths and capabilities.
That’s about our strength and capabilities in the territory of the decaying West, about our “ichtamnet” already in the conditions of the West and the methods of their work, about the combination (hybridization) of the internal and external capabilities of the security forces and will be the topic of our next lecture number 3. And, of course, we will summarize the activities of investigator Maslov. Glory to Russia!
(Chorus in the audience: “Glory to the heroes!”).
Thanks for attention!
From the Editor:
FORGIVENESS IS A LUXURY WHICH SHOULD BE SERVED BY A PUNISHMENT!
What to do in case of fabrication of a criminal case? How to prosecute an investigator in Russia for actions that call into question his conscientiousness as an investigator? For a person, regardless of his ranks, ranks and mental capabilities, it is completely unrealistic to resist arbitrariness on the part of the investigation and the court, when hybrid pseudo-legal technologies and falsifications replacing the law are part of the system of this state and regime. Fabrication of criminal cases has become everyday practice in Russia — this is the opinion of human rights defenders.
According to Andrei Babushkin, a member of the Presidential Council on Human Rights, today every fifth prisoner in the country is either not involved in a crime or sits for more serious crimes than those that he committed.
According to the Prosecutor General of Russia, 30% of convicts are imprisoned due to investigative errors. Investigators themselves in private conversations say that half of the sentences are unjust.
In fact, this is a modern form of cannibalism legalized in Russia, contributing to the degradation of the state.
But we will try to contact the Prosecutor General’s Office in the manner of 124 of the Code of Criminal Procedure of the Russian Federation, based on this publication in the media, containing signs of numerous violations by the investigator IC. Maslov, using his official position, professional knowledge and skills in the explicit fabrication of a criminal case, with the assumption that he is not impartial. The answer from the Prosecutor General’s Office of the Russian Federation will be published in the LENS magazine
Since the destruction of DastinMarket CJSC and YUKOS, the list of successful commercial companies plundered by Putin’s security forces and bandits has long been in the country for thousands. There is no MARKET in Russia, it was consumed by the oligarchs and their bureaucratic servants with the guard.
In the end, “nothing lasts forever” and the time will come when the guardsmen of the criminal system in uniform will be tried and inevitably punished according to their deserts.
Information from a lawyer on Maslov’s actions regarding Schmidt:
Paragraph 5 of the Criminal Code of Germany contains a prescription that German criminal law is valid regardless of the law of the place of commission of the act in relation to a wide range of criminal acts committed against legal goods protected by the Criminal Code of Germany. Paragraph 6 of the Criminal Code of Germany specifies the principle of criminal prosecution for criminal acts provided for in international agreements (Weltsrechtsgrundsatz). This norm contains a prescription, based on which German criminal law is valid regardless of the place of law in relation to acts committed abroad and directed against legal goods protected under international agreements. Paragraph 7 of the Criminal Code of the Federal Republic of Germany provides for other cases where German criminal law is applicable to acts committed abroad. These include, for example, cases where an act is committed abroad against a German citizen.