Gennady Shakirov, deputy head of the road facilities and transport department of the Ulyanovsk administration (already former), Gennady Shakirov, is sent to the colony after the determination of the appeal instance, which upheld the verdict of the Leninsky district court. Ex-official found guilty of taking a bribe of 1 million rubles. for patronizing a private carrier, was sentenced to four years in a strict regime colony. Lawyers insist on the innocence of the client, believing that he actually became a “victim of a provocation”, and the evidence of his guilt was based on the testimony of only one bribe giver.
The verdict of the Leninsky District Court of Ulyanovsk against the former deputy head of the department of road facilities and transport Gennady Shakirov came into force. In September 2022, the ex-official was sentenced to four years in prison in a strict regime colony with a fine of 2 million on charges of taking a bribe of 1 million rubles through an intermediary. for patronage of a private carrier (clause “c” part 5 of article 290 of the Criminal Code of the Russian Federation, up to 12 years in prison). This was announced on Thursday by the prosecutor’s office of the Ulyanovsk region in an official press release.
As the prosecutor’s office notes, Gennady Shakirov “repeatedly demanded money from a woman – an individual entrepreneur for not taking measures to deprive her of certificates for transportation” and patronage in the functioning of routes.
In Ulyanovsk, according to the mayor’s office, about 90% of public bus transportation is carried out by 20 private carriers. The rest of the volume is the municipal-state JSC “PATP1”.
Gennady Shakirov was detained by the FSB on February 15, 2022, while giving him a bribe in the amount of 100 thousand rubles. literally opposite the city hall building. As noted in the Investigative Committee of the ICR, the initial data on extortion of a bribe came from employees of the regional department of the FSB, where the entrepreneur himself turned. The case went to trial in June 2022. As it sounded in the indictment, we are talking about the owner of routes No. 38 and No. 94, IP Marina Yudaeva. It is noted that a number of violations were “properly” identified in her, and Gennady Shakirov, through her brother Alexander Salyukov (it is believed that Marina Yudaeva nominally owns the route, Mr. him a bribe in the amount of 300 thousand rubles. (150 thousand rubles for each route) ”for withdrawing a lawsuit “reasonably and lawfully directed” to the arbitration court on the termination of the validity of certificates for routes No. 38 and No. 94. In addition, he offered to pay 50 thousand rubles a month. “for creating conditions for the normal implementation of passenger transportation activities.” In March 2021, after the transfer of money, the application was withdrawn and the case in arbitration was terminated (indeed, according to the arbitration court, on February 25, 2021, the arbitration court received a claim from the management to deprive IP Marina Yudaeva of certificates for routes No. 38 and No. 94, but On March 18, 2021, the department sent a statement waiving the claim. – “Kommersant”). In addition, in August 2021, during the next transfer of 50 thousand rubles, Gennady Shakirov suggested that Alexander Salyukov transfer another 200 thousand rubles. “for the issuance of new certificates for routes by the management.” In total, according to the investigation, the deputy head of the department received 1 million rubles from Mr. Salyukov.
The district court ruled out the charge of extortion as unproven, and agreed with the rest of the arguments of the investigation.
Gennady Shakirov did not admit his guilt either during the preliminary investigation or in court. His lawyer Oleg Golovastikov insists on the innocence of his client. According to him, the appeal pointed out that “provocative actions were committed against Gennady Shakirov”. “The fact that Salyukov put money in Shakirov’s pocket does not mean that Shakirov accepted something. It was he who was “accepted” by the FSB immediately,” the lawyer noted. He believes that the guilt of Gennady Shakirov has not been proven. “No evidence has been provided for episodes of regular offerings. The prosecution was based on only one episode of the transfer of money on the day of detention and on the testimony of only one witness – Alexander Salyukov. But the Supreme Court has commented more than once that it is impossible to form a charge and a sentence only on the words of a bribe-giver,” explained Oleg Golovastikov. The defense believes that the verdict and ruling of the appellate court will now be appealed to the cassation instance. “I do not rule out that we will reach the Supreme Court with this case,” the lawyer said.
The prosecutor’s office, which demanded punishment for Gennady Shakirov in the form of nine years in prison in a strict regime colony and with a fine of 9 million rubles, also filed an appeal, believing that the punishment should be tougher, and the exclusion of extortion from the charge was unlawful. But the regional court also denied the appeal.
Two interviewed private carriers told Kommersant that they had not encountered facts of extortion of money by officials and had never offered money themselves. At the same time, an interlocutor close to the sphere of private transportation noted to Kommersant that due to the lack of state support and unprofitable routes, private carriers in Ulyanovsk “are in a gray zone, retaining only a form of legality”, while “many issues are resolved unofficially, on personal level”, “and this corridor of relationships and decision-making “according to concepts” has always existed”. “But the redistribution of routes initiated by the mayor’s office, called the reform of public transport, aggravated the situation, and Salyukov decided to complain to the FSB. Some carriers were offended by him for this, believing that by provoking a criminal case, he violated the established technology of relations,” the source said.
Already after the initiation of a criminal case, IP Marina Yudaeva almost lost route No. 38 again, when the mayor’s office announced an auction to transfer a number of routes to regulated tariffs, despite the fact that the carriers had licenses for these routes. The FAS Department, following the statements of several carriers, including Marina Yudaeva, recognized the conditions of the auction as violating competition law and demanded that its results be cancelled. After that, the mayor’s office sent claims to the arbitration court against the carriers who applied to the OFAS for their deprivation of the certificate for the route for a large number of violations. One claim has already been satisfied, the second one has been denied, the claim against IP Marina Yudaeva continues to be considered.