At the same time, the main emphasis in the court decision was made on the fact that Khudoyan could hide from the investigation.
Presidential Commissioner for Entrepreneurs’ Rights Boris Titov criticized the decision of the Moscow City Court, saying that the argument about the possibility of hiding “is not very convincing.” Even if only because the accused handed over his passport to the investigation. “In addition, of course, there is every reason to look at part 1.1 of Article 108 of the Code of Criminal Procedure, which prohibits the detention of those accused of economic crimes in the field of entrepreneurship. And the Khudoyan case is connected with a property dispute, ”Titov emphasized.
Not only the arrest, but also the criminal case against the entrepreneur, who is accused of “illegal acquisition of the right to long-term lease of land” looks very strange.
Novaya has at its disposal a “Statement of a Crime” registered on August 23 last year, and a “Resolution on Initiating a Criminal Case” issued by Major Marina Malyshkina, Senior Investigator of the 11th Department of the SC GSU of the Ministry of Internal Affairs of Russia for the city of Moscow.
Fragment of the title page of the statement about the crime against Khudoyan Albert Ashotovich. Date of registration: August 23, 2018
The case was opened on December 14, 2018
The second document is dated 14 December.
It turns out that the investigation did not dare to open a criminal case for a long time (almost four months).
Perhaps because it clearly follows from the statement about the crime that back in 2016, business partners had a corporate dispute. But the party, which considered itself infringed, for some reason did not begin to defend its allegedly violated rights in the arbitration court, but decided to involve the Ministry of Internal Affairs on its side. It is noteworthy that the “Statement of the Crime” was signed by a certain Sergey Govorukhin, who, at the time of filing the application, is still on the wanted list in another criminal case.
After the initiation of a criminal case for six months, the investigation was conducted neither shaky nor roll. The same Khudoyan was summoned for interrogation as a witness. Receiving summons, he conscientiously came to the police, gave evidence. And in June, investigative actions were unexpectedly forced. On June 13, investigator Malyshkina issued a decision to bring Khudoyan to “investigative actions.” Although no subpoenas were sent to Khudoyan, who at that time was in the status of a witness.
It took a little more than an hour for the operatives to bring Khudoyan to the investigator. There were also two face-to-face bets. During one of them, with a representative of a company recognized as a victim, the event described in the statement about the crime sent by Albert Khudoyan to the head of the Investigative Committee of Russia, Alexander Bastrykin, occurred.
In a statement registered at the ICR reception on July 5, 2017, Khudoyan wrote that the victim’s representative immediately made it clear to him: after the confrontation was completed, Khudoyan’s status would be changed from a witness to an accused, and he would be detained and sent to a pre-trial detention center. And he offered to “settle” the issue. For a multi-million dollar reward. “… promising that in this case the criminal law pressure on me would end. The law enforcement officers who were in the office did not react in any way to what was happening, they behaved passively, thus allowing and encouraging illegal demands … ”Khudoyan wrote in a statement addressed to Bastrykin.
Investigative actions lasted until late at night. When June 14 had already arrived, Albert Khudoyan was indeed detained. A day later, Khudoyan was taken to the Tverskoy District Court of Moscow to consider a petition to keep the accused in a prison cell. But the court limited itself to house arrest.
On July 8, Khudoyan, on his own (unaccompanied by the Federal Penitentiary Service), arrived at the Moscow City Court to consider two appeals against the decision of the court of first instance at once: the entrepreneur himself asked to replace house arrest with a written undertaking not to leave and bail, and the prosecutor’s office insisted on keeping Khudoyan in a pre-trial detention center.
Before the start of the court session, I managed to talk to Albert Khudoyan.
“This is a criminal case – an attempt to take away my business, estimated at $400 million,” Khudoyan told Novaya Gazeta.
– I read your statement addressed to Bastrykin. And, I confess, I do not believe that extortion is possible in the building of the Ministry of Internal Affairs in the office of the investigator … – I asked Khudoyan.
“My lawyer and I are ready to undergo a polygraph interrogation. And we will insist that the “victim”, his lawyer and investigator Malyshkina be interrogated in the same way with the help of a “lie detector,” Khudoyan said decisively.
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