The gravity keeps behind bars

On 2 April the Moscow city court will consider another complaint Konstantin Ponomarev for measure. The ex-auditor is under arrest from June of 2017 and is charged under five articles of the Criminal code of the Russian Federation. Ponomarev, widely known vessels from IKEA, Federal tax service and the state Corporation “Kubanenergo”, is suspected of tax evasion in especially large size, for attempted fraud, bribing a witness and false accusation. According to experts, in such a situation, the relief is unlikely.

2 March 2018, the Basmanny district court of Moscow once again extended the arrest Ponomarev. According to the decision, the citizen should remain in custody until June 6. The accused have been earlier attempts to soften the measure of restraint, but to no avail.

Konstantin Ponomarev gained popularity due to highly publicized media trials – he for many years pleaded with IKEA, with the IRS, state Corporation “Kubanenergo”. In 2010, he settlement received from IKEA 25 billion and then, according to the network edition IZ.RU, “tried unsuccessfully to get through the court 33 billion, and then another 9.8 billion”. Subsequently, the citizen was the defendant in the suit of the Federal Fiscals believe that he evaded taxes on received from an international company means. The investigative Committee of Russia opened against Ponomaryov criminal case on signs of tax evasion in especially large size – more than 8 billion rubles. In addition, the person joined in a lawsuit with the state company “Kubanenergo”, which demanded 5.3 billion for the supply of its diesel generators in the Crimea during the energy blockade 2014.

Konstantin Ponomarev, who became involved in several criminal cases, was detained by the Presnensky district court on June 9 last year. Collectively, the citizen is charged under five articles of the criminal code – this is attempted fraud in especially large size (part 3 of article 30 and part 4 of article 159), false accusation (part 3 of article 306), false testimony (part 1 of article 307), bribery of witnesses (part 1 of article 309), tax evasion with the organization in especially large size (part 2 of article 199 of the criminal code).

Since that time, the measure of restraint for Ponomarev was extended on prosecution motions four times. These verdicts are due both to the large volume of investigative actions – from collecting evidence to establish the partners – and the gear case Ponomareva within the Investigative Committee of Russia on higher level.

Initially business was in the area of responsibility of the Metropolitan division of the TFR, in November last year went to the Central office Sledkoma, and soon was sent to the General Directorate for investigation of particularly important cases when the Chairman of the RCDS Bastrykin.

The fact that Ponomariov was the focus of attention of the office for particularly important cases, experts explain “the significance of the case and affected public interests.” The catalyst is the start of the investigation the case was referred to the lawsuit of the citizen with the state Corporation “Kubanenergo”, providing electricity to the entire South of Russia.

To the extent possible mitigation measure in the presence of all these circumstances in such a case? Network edition IZ.RU published the opinion of some experts who think the chances of this are minimal:

“The measure of restraint-related detention in the jail, was elected primarily with the intention that the accused could not exert pressure on witnesses or as-that to affect the course of a criminal investigation. If the person accused of the offence relating to bribery of witnesses, this in itself suggests that the person is somehow trying to influence the course of a criminal investigation. And the court is likely to choose a measure of restraint in form of detention,” – said the lawyer of the Moscow bar “Protection” Maxim Ustynyuk.

“The court rarely goes to meet accused. Must be some good reason. For example, an admission of guilt or a strong deterioration of state of health, in particular of disability in cancer disease”, – said Andrei Knyazev, founder of the Moscow bar Association “Knyazev and partners”.

“In this case the detainee is charged with witness tampering, that could be the basis for such measures of restraint”, – said the lawyer of the Collegium of lawyers Pavel Astakhov, Ivan Baluev.

In addition to witness tampering, another strong argument for the court in favor of the dismissal of the appeal Ponomarev can become shown earlier intention to leave Russia. In the summer of 2017 ex-auditor already bought a ticket to Montenegro, however, it became known TFR was one of the reasons for election of a measure of restraint in form of detention.

“In my practice there were several cases when the preventive measure was changed to more soft after the recognition of the person guilty, or the conclusion of pretrial agreement on cooperation, – said the lawyer Gleb Plesovskikh. In other cases, it is possible to result only one example, when a petition to change the measure of restraint can be satisfied is the presence at the citizen of serious diseases preventing his detention,” writes Nezavisimaya Gazeta.

However, a citizen’s arrest unlikely to be delayed longer than the beginning of the summer. 9 June is the deadline for the investigation, and with high probability the case Ponomareva before the specified date will be submitted to the court.

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