At the "Business Breakfast" to "Rossiyskaya Gazeta" Chairman of the Investigative Committee of the Russian Federation spoke about the investigation of resonant crimes and new legislation that will help in the fight with the high-level corruption.
Alexander, a lot of talk, rumors and hints that the case "Oboronservis" quietly rolled up, and then stop at all, because there are too large figures involved.
Alexander Bastrykin: This is a rumor. In fact, the criminal case will be developed. I can assure you, will expand the geography of this criminal case.
Moreover, we can assume that the amount of damages will grow, given the enormous assets Ministry of Defence.
As you know, in October 2012 in the Main Military Investigation Department of the Investigative Committee of the Russian Federation, some criminal cases, which are now merged into one. They sound so formal — a criminal case against officials of the Russian Ministry of Defense, the persons performing managerial functions in organizations belonging to the holding structure of "Oboronservis." And other persons performing managerial functions in commercial organizations, whose actions in the implementation of real estate and shares in the companies owned by the state. Today, according to estimates of investigators, the state suffered material damage on a large scale.
— How many cases have had to merge?
Alexander Bastrykin: As of today, 10 are connected to a single proceeding of criminal cases. Now, a lot of work on the Truth.
Taken to court for 150 police investigators, prosecutors, 42, 509 local deputies, 116 lawyers and 11 judges
— But this is not the only case of "untouchables". Some of these cases have already been completed.
Alexander Bastrykin: Indeed, in the Main Investigation Department of the Investigative Committee of the Russian Federation has completed the investigation of the criminal case against the former governor of the Tula region V.Dudki and former director of the Department of Property and Land Relations of the Tula region V.Volkov of taking bribes in the amount of 40 million rubles. In that kind of money officials estimated giving a large land area in the city of Tula in rent for three years for the construction of a hypermarket.
— Are there any similar cases in the capital?
Alexander Bastrykin: Investigation Committee investigated the criminal case against the former head of the Russian Ministry of Territorial Administration in Moscow T. Naidenova and former deputy head of the institution B. Polyutova. They were accused of abuse of power that has caused serious consequences. More specifically, when the privatization of VO "Stankoimport" they are illegal to be included in the privatization of the property complex of the enterprise securities (stocks, shares, deposits), 19 foreign companies established abroad at public expense. As a result of their scam of government property wrongfully retired assets totaling more than two and a half billion rubles.
The verdict of the jury of the Moscow City Court at the end of last year, they were found guilty.
Sentenced to the Deputy Minister of Finance of Moscow Region V. Nosov on charges of extortion 73 million rubles from its debtor-entrepreneur.
— The big names of corrupt officials at the hearing, but due to corruption in the country in the thousands.
Alexander Bastrykin: If the figures, the picture is. From 15 January 2011 to December 2012 were identified more than 20,000 cases of bribery.
234,000 criminal cases initiated by investigators TFR for the past two years
— And many of them are so-called untouchables?
Alexander Bastrykin: Prosecution of corruption cases subjected to more than a thousand persons with special legal status, the exact number — 1568, of which 150 — bodies of the interior, 21 — drug enforcement investigators, 42 — prosecutors, 41 — members of election commissions, 509 — deputies of local government, 589 — elected heads of local governments, 34 — members of legislative bodies of Russia, 116 -, and 11 lawyers — judges.
Over the past two years in conjunction with the Presidential Control Directorate, the General Prosecutor of the Russian Federation, the Accounting Chamber, the Federal Security Service and the Investigative Committee of the Russian Interior Ministry stopped the activity of 85 organized crime groups corruption.
For example, if the first 9 months of 2011, production of the investigators of the Investigative Committee in the North Caucasian Federal District were 725 criminal cases in this category, for the same period of 2012, their number has almost doubled.
— This is the ordinary things?
Alexander Bastrykin: No. Suffice it to recall that the investigating authorities of the TFR in Kabardino-Balkaria in the criminal case against the head of the Republican administration of the Federal Treasury of the Russian Federation Leonid Zrumova. He is suspected of misuse of budget funds on a large scale: they forged documents from the federal budget were received funds amounting to 20 million rubles for allegedly major overhaul of the building, which does not actually exist. Ongoing investigation against the head of administration of Stavropol on attempt to bribe in the amount of 50 million rubles for the allocation of land, as well as a range of other corrupt officials.
— Speaking of criminal cases against difficult people, citizens claim that before the law, of course, all are equal, but some are more equal than others. Do you agree?
Alexander Bastrykin: Embodying the principle of equality of all citizens before the law, the Investigative Committee initiated the simplification of criminal cases against persons of a particular legal status.
— But in this place you can read more?
Alexander Bastrykin: We have prepared a number of standards to prosecute the so-called Raiders at the early stages of their capture people's property and to protect citizens from the illegal practice of non-payment of wages. The new order of the pre-investigation checks and drafting indictments, expanded the grounds for the application of collateral. And these laws exist and are already in place. But that's not all.
So, last year, the Investigative Committee has prepared a bill to impose criminal liability for the creation and management of the financial pyramid, which is supported by deputies of the State Duma.
— Two years of the Investigative Committee of the Russian Federation — children, in fact, age and quite childish things. But controversy — why do we need such a body — were more than a year, and even now, many were not satisfied. But in fact what was dictated by the creation of such a department?
Alexander Bastrykin: To understand this, let us turn to the sources of the formation of a new investigative agency. First of all I must say that over the past decade, law enforcement agencies have undergone thorough reform. Their construction was determined by the needs of socio-economic development of the country and highlighting effective and reliable legal protection of the rights and interests of citizens, property and business.
In a fast developing economic relations have undergone a significant transformation judiciary and prosecutor's offices. Radically were
resolved judicial independence and autonomy of the investigators.
During the implementation of the judicial reform, a concept which has been adopted by the Supreme Soviet of the USSR in October 1991, under the supervision of prosecutors were initially released the courts, and in the continuation of the reform — and departmental investigative unit. If you remember, in September 2007, was formed Investigative Committee of the Prosecutor of the Russian Federation. A January 15, 2011, the Federal Law N 403-FZ, which determines the authority has an independent investigative body — the Investigative Committee of the Russian Federation.
— What is the fundamental difference between the new system?
Alexander Bastrykin: A new system for monitoring the procedural activities of investigators from the head of the investigative body, which passed much of the powers formerly carried out by the prosecutor. The net result of these changes was the separation of the functions of investigation management oversight of investigations and the formation of the Investigative Committee of the Russian Federation.
TFR initiated simplification of criminal cases against persons of a particular legal status
— Who are now subject to the Investigation Committee?
Alexander Bastrykin: Currently, our Investigative Committee of the Russian Federation — is an independent entity within the Government, subordinate only head of state — the president and acting only within the law. The last two years of our operations have proved the correctness of the country's leadership decisions.
— What do you call a main achievement?
Alexander Bastrykin: The main thing on my mind, the achievement is the fact that in this difficult time for the country, being, as they say, in the thick of things from the very first day of its operation, all the efforts we made to combating organized crime, terrorism, raider takeovers of large enterprises, bribery and other serious and very serious crimes.
In just the past two years by the investigators of the Investigative Committee of the Russian Federation considered about two million reports of crimes. Brought 234,000 criminal cases in the production were more than 370,000 criminal cases in courts a 168,000 criminal cases. This, as you know, a huge reservoir performance.
Over the past two years revealed murders in 1658, 864 the fact of causing grievous bodily harm with fatal outcome, 994 rapes, and some of them (48 percent) was not even registered. This is why the citizens affected by lawlessness, are increasingly turning to us for help. And the growth of public confidence — is the main criterion for evaluating our work with you.
And more. Summing up the results of our work over the past two years can not be said about the work of the investigating authorities TFR in the North Caucasian Federal District. Just note that, since the formation of the North Caucasus Federal District leaders stationed here investigative units of the Investigative Committee aimed at strengthening me penal countering terrorist acts, manifestations of extremism and corruption.
— Terrorism and the gang hiding in the mountains, less than in previous years, is also active, but they are still dangerous.
Alexander Bastrykin: To ensure timely disclosure of serious and very serious crimes in the Central Investigation Department of the Investigative Committee of the North Caucasus Federal District, effectively an interdepartmental task force. In addition, in each subject the county is actively working permanent inter-ministerial coordination and analytical investigation group to the main objectives of which is within the disclosure and investigation of the murders and crimes of a terrorist nature. Working in extreme conditions, in close cooperation with the authorities of the Interior Ministry and Federal Security Service of Russia, we were able to expose and isolate the majority of the criminal groups destabilizing.
— Which of these investigations will name the most successful?
Alexander Bastrykin: In the past year, the district of Grozny Staropromyslovskii investigative agencies TFR in Chechnya prevented criminal activity Magomadov accused of banditry, attacks on the lives of law enforcement and other very serious crimes. The investigation has established 19 episodes of their criminal acts, among them — the killing of two police officers and the organization of the explosion the prosecutor's office.
On the territory of the Republic of North Ossetia-Alania stopped gang activities "Vilayat Galgaiche" that committed more than 30 serious crimes in North Ossetia and Ingushetia, including the terrorist attack at the entrance to the central market of Vladikavkaz September 9, 2010, a series of attacks on the lives of police officers and the military.
As a result, to long terms of imprisonment sentenced eight members of the gang, against five at present a criminal case before the Supreme Court of the Republic of North Ossetia-Alania. For prompt disclosure of such crimes should consider creating a unified federal database biometric identification of citizens convicted of terrorist crimes and extremist.
— It is known that terrorists use in their subversion of the Internet. Do you have an answer to this threat?
Alexander Bastrykin: Must be active, by all legal means to prevent attempts to use the Internet to publish materials of extremist and terrorist calling for incitement of ethnic hatred, since it is obvious that only a criminal-law measures to eliminate threats to national security by the religious extremist and terrorist organizations can not.
To do this, carry out effective legal measures to prevent the spread of extremist materials on the network, as the current system allows you to engage in an easily accessible form of incitement to extremist ideas.
— But the sites are often far away from Russia. You can penetrate overseas?
Alexander Bastrykin: The Investigative Committee were quite broad powers in the field of international legal cooperation with the competent authorities of foreign countries. The legal basis for an effective fight against international crime for us is the system of international agreements and national criminal law. At the direction of the Investigative Committee of the active work, as in the investigation of specific crimes, as well as in the organization of the bilateral exchange of information with the competent authorities of foreign countries and international organizations.
— How does this look in practice?
Alexander Bastrykin: The main purpose of this work is to attract individuals who commit offenses to criminal liability established by law irrespective of their nationality or place. In this direction, we have already done a considerable amount of work and gained invaluable experience. Suffice it to recall the Investigation Committee of the crime of piracy seizure in July 2009, the cargo ship "Arctic Sea" with a Russian crew on board.
— Today, the Investigative Committee at the second birthday of your life. We congratulate you and your staff.
Alexander Bastrykin: Thank you. In January 2013 we celebrate their professional holiday — the second anniversary of the formation of the Investigative Committee. It was founded by the Decree of the President and has been operating since January 15, 2011. I take this opportunity to congratulate all of our employees, their families, veterans of the investigating authorities of the country with the second anniversary of the founding of the Investigative Committee and wish them health, happiness, peace and optimism.
The key que
— A lot of talk has been after the TFR said that criminal responsibility should be borne not only physical, but also a legal entity. That is, we will have tried the firm?
Alexander Bastrykin: We have proposed to introduce into Russian law institute of criminal liability of legal persons. In the past year, the Russian government has approved a plan of privatization of federal property, which provides a short-term reduction of state involvement in the economy through the sale of large (if not complete) of shares (shares) in the authorized capital of the largest companies in the fuel and energy complex. It is also planned to conduct further corporatization of state-owned corporations and sales of non-core assets of state enterprises, institutions and state-owned corporations and business entities with state participation.
— And the Investigation Committee is this important?
Alexander Bastrykin: In this regard, we can expect theft of state property through various corrupt schemes. Including by the breach of the rules of the competition or auction, falsification of the results, definitions of deliberately false sold property prices, the sale of state property controlled or affiliated organizations significantly undervalued. For the purpose of money laundering, are expected to be displayed abroad by making fictitious transactions using the "phony companies" and companies.
— And what, in such cases you can see a way out?
Alexander Bastrykin: In order to counter such crimes are encouraged to establish in law duty of the applicant to participate in the contest and auction to disclose information not only about the immediate founders (participants), but also on the founders (participants) of those organizations, as well as their final beneficiaries.
You also need to make provision for operational-search activities in order to verify the authenticity of the documents and study the legal personality of organizations involved in privatization tenders and auctions during the privatization of the largest facilities of the property. By the way, a similar procedure provided for by the law when making foreign investors transactions that entail the establishment of control over enterprises of strategic importance.
It is also necessary to introduce criminal liability of appraisers for the inclusion in the report of the evaluation of the object of deliberately false information or its use in the evaluation of deliberately unreasonable assessment standards, if these actions caused damage to a large or extra large sizes.
— Officials of high rank — the object of your attention.
Alexander Bastrykin: I am sure that today you need to criminalize the willful refusal by public corporations, state or municipal enterprise on the approval of a major transaction or a transaction of interest, if these actions have resulted in major or a particularly heavy damage. After all, the social danger of the act is that such transactions are exempt from corporate control of the authorized bodies of the organization or government bodies.