The organizer of the failed murder of Tuleev wants compensation

The Court of Appeal confirmed the legality of the decision of the Novosibirsk Regional Court, which refused to pay a large monetary compensation to the well-known businessman Mikhail Zhivilo, who lives in France. The ex-head of the MIKOM group, who has been under investigation since 2000 in connection with the preparation of an assassination attempt on the governor of the Kemerovo region Aman Tuleyev, demanded more than 27.5 million rubles. for violating the right to criminal proceedings within a reasonable time, but failed. The businessman’s lawyer said he would appeal to the court of cassation.

As it became known to Kommersant, the decision of the Novosibirsk Regional Court came into force, which refused the former president of MIKOM (Metallurgical Investment Company) Mikhail Zhivilo in material claims against the investigating authorities and the Ministry of Finance of the Russian Federation.

In 2021, the businessman filed an administrative claim with the Novosibirsk Regional Court. In it, he demanded compensation for the fact that law enforcement officers, in his opinion, violated a reasonable time frame for the investigation of a criminal case, one of the defendants of which he is. In the summer of 2000, the security forces reported the disclosure of an assassination attempt on Aman Tuleev, who at that time was the governor of the Kemerovo region, had been uncovered. Law enforcement officers opened a case, he was instructed to conduct Novosibirsk investigators.

Two alleged participants in the conspiracy against the governor of Kuzbass – multiple Olympic champion in biathlon Alexander Tikhonov and his brother Viktor Tikhonov – were detained. Subsequently, they appeared before the court: the well-known athlete in the past was sentenced to three years in prison, but was released from punishment in connection with the amnesty, his brother served a four-year sentence in a strict regime colony.

Mikhail Zhivilo, whom the investigation considers the alleged organizer of the planned murder of Aman Tuleyev, was charged in absentia under Art. 277 of the Criminal Code of the Russian Federation (encroachment on the life of a statesman, punishment up to life imprisonment) and put on the international wanted list.

Law enforcers call the businessman’s intention to regain the influence lost at the enterprises of Kuzbass the motive for eliminating the governor. In February 2001, Mikhail Zhivilo was arrested in France on an Interpol warrant.

The Russian authorities tried unsuccessfully to have him extradited. Subsequently, Mr. Zhivilo received political asylum in France, his data was removed from the Interpol search database. The businessman pleaded not guilty, considering the case fabricated.

As stated in the statement of claim, the investigation of the case was repeatedly suspended, the last time in 2013. According to the businessman’s lawyer Viktor Prokhorov, the criminal case is in “suspended condition.” On the one hand, Mr. Prokhorov says, the law enforcers rejected numerous motions of the defense to conduct additional investigative actions and interrogate witnesses, whose testimony, according to the defense, can confirm the innocence of the client. On the other hand, the security forces do not send the case to court, although the law allows for the trial in absentia of criminal cases against persons outside the Russian Federation.

“The total duration of legal proceedings in the criminal case, which at the time of filing a lawsuit with the court, was more than 20 years and 10 months, is excessive,” the businessman’s statement of claim says.

The amount of the claim, as the lawyer explained, was calculated by his principal as follows: 250 months, which lasts for the proceedings (at the time of filing the claim), multiplied by € 1231 – this is the amount of the subsistence minimum for an adult in France. In ruble terms, this amount amounted to more than 27.5 million rubles.

In August 2022, the Novosibirsk Regional Court refused to satisfy the businessman’s claims. “The court came to the conclusion that, as of the date of consideration of the administrative case, 22 years, 2 months and 13 days, the total duration of legal proceedings, calculated from the date of initiation of the criminal case (5 June 2000) until the date of consideration of the administrative case (18 August 2022), although significant, nevertheless, was a direct consequence of the conduct of the accused himself. His departure outside the Russian Federation ruled out the possibility of performing procedural actions requiring the personal presence of the accused, and completing the investigation of the criminal case with the adoption of the final procedural decision, ”the court ruling says. In its decision, the court noted that the actions of the investigators “were sufficient and timely and do not contain signs of inefficiency.”

Agreed with the opinion of the Novosibirsk Regional Court and the Fifth Court of Appeal of General Jurisdiction, where the representative of Mr. Zhivilo filed a complaint. The higher court left her without satisfaction, the decision of the Novosibirsk Regional Court remained unchanged. As lawyer Viktor Prokhorov told Kommersant, the defense will send a complaint to the cassation court. Kommersant’s sources in law enforcement agencies explained that it was not possible to complete the investigation of the case in the absence of the accused and send him to court.