In Nikulinskiy Moscow court on Friday launched an unprecedented process. The Prosecutor General’s office, who acted as the plaintiff, demanded that all the property of the infamous Colonel of the Ministry of internal Affairs of Dmitry Zakharchenko and members of his family, confiscated in the state income. Lawyers of nine defendants intend to prove that the claims of the Supervisory authority are without legal basis.
photo: Michael True
The first meeting was not able to come (albeit very wanted) main actors – Dmitry Zakharchenko and his father, Victor, who are under arrest in prison. Didn’t come (apparently not very much and wanted) the other co-defendants, the mother of Colonel Valentin Zakharchenko, her daughter Irina Razgonova, the ex-wife of Dmitry Yana Saratovtseva, her mother Natalia Chainikova, ex-mistress Irina Petrushina, the actual wife Marina Semynina. Was only one civilian wives – 25-year-old Anastasia Pestrikova, accompanied by father Vladimir Pestrikova. The hall also attended by her husband’s sister, Irina Razgonova. A man complained that he found it difficult to sit on the bench for stitches after recent surgery. But the nine representatives of the defendants barely fit for two large tables. However, the representative Semennoi was not among them. According to rumors, the civil wife of Colonel “number two” moved from the capital to Sochi with her daughter, 9-year-old Ulyana.
Is the process “century” began with the numerous applications of the defenders. Lawyer Valery Tennikova insisted on bringing in as a third party father Pestrikova and realtor Mary Chizuk. Lawyer Alexander Gorbatenko tried in the absence of Semynina to bring the guardianship to protect the interests of minor daughter Zakharchenko. The representative of Viktor Zakharchenko Victor Emelyanov requested his presence, as he is under arrest in jail. As a result, all motions were denied.
The Prosecutor General of the Russian Federation was represented by Prosecutor Sergei Bochkarev. He stated that the Supervisory authority have carefully checked the legality of income Mr Zakharchenko from 2001 to 2016. From that moment on, he became civil servants.
– During this time the official income of Dmitry Zakharchenko amounted to only 12 million rubles. He found the money disproportionate to his income. The other co-defendants helped him to legalize illegal means. He used them with the purpose to seem zakonoposlushny citizen, – the Prosecutor noted. According to him, the respondents provided their personal data Zakharchenko for transactions, and help him to spend money and hide them.
The Prosecutor Bochkarev listed that during searches made by overwork a simple country boy from the Rostov region – more than 374 million rubles, more than $ 140 million, more than 2 million euros 13 apartments and 14 Parking spaces, four expensive cars, and one gold ingot weighing a pound. In particular, the apartment on Lomonosovsky Prospekt in the apartment’s sister, Irina Razgonova detectives found more than 124 million dollars, nearly 1.5 million euros and more than 342 million rubles. In an apartment owned by the mother of a policeman Valentina Zakharchenko, on Michurinsk the prospectus was kept of the order of 19.5 million rubles, 600 thousand euros and 20 thousand dollars. In addition, women found a Rolex watch.
As stressed Bochkarev, Valentina Zakharchenko in the past pedagogical worker, now retired, from 2002 to 2015 earned only 67 thousand rubles. Despite the fact that property in her hundreds of millions of rubles. Victor Zakharchenko also pedagogical worker with 2002-2015 years earned a total of 9 million rubles. But managed to make her granddaughter Ulyana truly Royal gift, the baby became the owner of the apartment over 77 million rubles. Her mother for the last 11 years has earned 600 thousand rubles, and only the cost of the car amounted to more than 16 million rubles. Former legal wife, model
Jan Saratovtseva thanks to the care of her husband rich for more than 70 million rubles.
The Prosecutor drew attention to the earnings of Dmitry Zakharchenko in just one day, which amounted to more than 20 million rubles.
– In the car, which Zakharchenko was used by power of attorney in the glove box and found 13 million rubles, 170 thousand dollars and 5 thousand Euro. In the office was found 92 thousand rubles. This amount he has learned in just one workday!, — continued to read with expression by the Prosecutor.
According to him, was subsequently found another 16 million rubles, which the police mistress Anastasia Pestrikova hid in the accounts of his cousin Lily from Peter Gorshkova. By the way, Pestrikova never worked and had absolutely no income.
The representative of the Prosecutor General is confident that Zakharchenko fabulously rich after the transfer to Moscow to the Department of economic security in 2005. Until that time, the officer’s family had a lot of money. He gave an example of how Colonel in 2013 went on a trip with Saratovtseva. They visited many countries, including the United States. Only in new York Zakharchenko has spent over 300 thousand dollars.
That was before marriage, – said the lawyer of the girl.
Then the representatives of the defendants began to bombard questions of the plaintiff. Everyone wondered why his client of any claim. Nevertheless, the Prosecutor Bochkarev successfully repelled all attacks.
Lawyer Leonid Burov, representing Petrosino, asked, as did the amount if, for example, Petrushina invested in an apartment at the stage of its construction in 2011?
– We are not interested in the amount, and the object of real estate. Petrushina was the closest person to Dmitry Zakharchenko until 2010. It was was flat on Lomonosovsky Prospekt. But housing does not change, utilities were not paid. Lived in Rostov, – said the Prosecutor. In this the lawyer noticed that Petrushina with her husband been living in Dubai.
Lawyer Victor Emelyanov tried to protect Valentina Zakharchenko. According to him, the money was found in her apartment, personal savings and income from the sale of real estate.
– She and her husband were engaged in business activities on the land plots in the Rostov region. Also received an inheritance from a relative in $ 1 million, we should not report the income according to the law, he said.
From such arguments the nerves attorney could not stand.
– Suddenly threw them over 124 million dollars! – boiled it. We protect the society and the state from people like Zakharchenko, he said. In his opinion, such people should not be related to the civil service.
– Pestrikova took the money, placed them in their accounts, an interest which she lived. And then gave them to Lily Gorshkova – continued boiling Bochkarev.
He explained that Pestrikova received property from unlawful sources. However, she took it property and took profit. And thus helped corrupt Dmitry Zakharchenko.
It was the turn of the representative of Colonel.
– Claims not to be satisfied in full, – said Alexander Gorbatenko. – Zakharchenko did not make any transactions with the land, not bought cars and real estate, did not give money to relatives and other persons.
The lawyer said that Zakharchenko did not belong to found money, in addition to 92 thousand rubles.
– Whence then such large possessions suddenly appeared from retirees and former pedagogical workers? – the Prosecutor asked.
– Dispersal, the husband of Irina Razgonova, at one time earned $ 15 million – said Gorbatenko.
In turn, the lawyer Zvyagintsev claimed that the police did not give money to Saratovtseva to buy an apartment in Zachatevsky lane.
In fact there is no evidence, – said the representative. Similar statements were also heard from all the lawyers. But they have yet to find proof-of-income documents.
Anyway, all of the defendants intend to fight for their property, but so far none of them can explain its origin.
To comment on the controversial trial of “MK” asked the lawyer FMG Group Igor Golovko
– On what basis is it possible to withdraw money from Zakharchenko and his family?
Having received evidence of the disparity between costs and incomes of officials and members of his family (spouse, minor children) the Prosecutor may apply to the court of appeal in the income of the Russian Federation of the property in respect of which civil servants have not been provided evidence to support its acquisition of legitimate income.
Such cases are considered by the district court at the place of residence of the defendant.
– Is it possible by law to withdraw money not have relatives Zakharchenko?
Against the estate of distant relatives and friends to the judge by the Prosecutor in court should be presented with irrefutable evidence that in fact the property is owned by Zakharchenko, and of the acquisition on other persons furnished to conceal the actual owner.
That is, the nominal owners of apartments arrested shall not be entitled to possess, use and dispose of not chose the apartment with the purchase, it does not come in divisions of Rosreestr for transaction, did not pay for utilities, etc.
Such evidence can be obtained in the process of operative-investigative activity. A prerequisite for an ORM and use in court is the preliminary inquiry conducted by the Prosecutor before the start of their conduct (Federal law of 25 December 2008 № 273-FZ “On combating corruption”, article 7 of Federal law of 12 August 1995 № 144 – FZ “On operational-investigative activities”).
If the Prosecutor will provide the court with copies of the materials of the criminal case, the legality of their use in this process requires evaluation.
The criminal procedure legislation does not provide for a direction of materials of criminal case to the Prosecutor for anti-corruption. Questioned persons had the right not to testify against themselves or relatives (article 51 of the Russian Constitution), suspects and accused of crimes had the right to refuse to testify, and even to lie to the investigator (articles 46-47 of the code). The contents of such materials may not be authentic.
The Prosecutor is obliged to present to the court evidence of compliance with the established procedure in the implementation of cost control – that is, to confirm conformity to the law of circumstances of the receipt of all submitted to the court evidence.
Otherwise, the burden of proving the lawful origin of the funds, allowed to purchase such property, is vested in the defendants. Defendants, the court may take any admissible in civil proceedings proof of money by them under civil-law transactions (e.g., loan agreements, donation).
– Can Zakharchenko to participate in the process for confiscation?
Zakharchenko needs to be duly notified of the time and date of the process. Given that in its relation a preventive measure, the court must ensure the presence of Zakharchenko in the process of requesting this permission from the investigator.