Lawyers demand to cancel the decision to close
As it became known, “Kommersant”, the defense of the ex-owner of the Petrovsky passage of Tahira Matiev was disputing the fifth for eight years to close his business. The businessman was accused of embezzlement of the shares of the stone -processing LLC Marmarilo (now bankrupt), but in the end the investigation came to the conclusion that there was no crime itself. This decision did not suit the entrepreneur, since the materials of the audit, initiated by the entrepreneur Nadezhda Chernova, with which Mr. Matyev conducts arbitration litigation around the bankruptcy of the LLC, were allocated and remained in separate proceedings. The businessman requires to stop this check, as he believes that she was needed so that his opponent has access to the case file and could use it in arbitration.
The criminal prosecution of Tahir Matiev and his former chief accountant Marina Sharova, begun, As “Kommersant” saidin 2017, the Main Directorate of the Main Directorate of the Ministry of Internal Affairs of Russia in the Moscow Region under Art. 30 and part 4 of Art. 159 of the Criminal Code of the Russian Federation (attempt on a particularly large fraud), has stopped repeatedly. The businessman was charged with illegal seizure of the shares of Marmarilo LLC from the founder of Vakhtang Shonia (is serving a deadline for deceiving creditors). However, the investigation invariably came to the conclusion that there was an actual return of a large debt taken by Mr. Sonia from Mr. Matiev. “When the case was terminated for the first time, back in 2017, in the decision of the appeal court, it was clearly indicated on the civil law nature of the relationship between Vakhtang, Zhonya and Tahir Matiev and the absence of the crime itself,” the businessman’s lawyer Igor Chernetsky told Kommersant. “This means the need to end the criminal case and prevent further criminal prosecution principal « .
The case against the defendants was terminated with the wording of their « non -involvement in the crime. »
However, in fact, the investigation did not end there. It turned out that from the case of fraud in separate production, investigator Sergei Kucherenko identified the materials of the pre -investigation verification at the request of the entrepreneur Nadezhda Chernova, who accused Mr. Matiev of illegal actions during the bankruptcy of Marmarilo.
Mr. Matiev and his relatives continued to call for interrogations, they were removed various documentation.
“At the same time, Mr. Kucherenko, in violation of the prohibition of the publicity of the data of the preliminary investigation, as well as the disclosure of the data of the private life of the participants of the criminal process, to third parties transferred copies of the criminal case of Chernova, who is the opponent of the client in the banking in the bankruptcy proceedings of Marmarilsky.“ The very fact of submitting a Chernova statement and the pre -investigation statement and conduct the preliminary investigation Checks are an illegal way to reassess evidence. All the actions of the representatives of Kaplane LLC and her himself were aimed at presenting illegal requirements to Matiev and other persons on the transfer of funds that at one time the shonia took over. The copies of documents obtained from the investigation are used by it to submit both to arbitration and in various state bodies. ”
Note that the trial around the bankruptcy proceedings of Marmarilo LLC is still ongoing (“Kommersant” reported). One of the creditors in it indicates the company « Kaplane », controlled by the hope of Chernova. The court admitted that in 2015, on behalf of Madame Chernovah, Profmaster and Technology controlled by the businessman, a loan was issued, which he did not return. The basis for the inclusion of Kaplain in the register of creditors was the decision of the philistine court, which confirmed that this company has entered into Profmaster and Technology companies by transferring the right to demand a debt with a shonia.
The rest of the Marmarilo and Schonia lenders insist that false agreements on the assignment of the rights of claims were submitted to the Meshchansky court.
This, the entrepreneur’s opponents say, are confirmed by the protocols of polls of the leaders of Profmaster and Technologies, who said that they did not sign the agreements on the assignment of the rights of the claim, and the conclusions of the experts of the ANO “The Center for the Forensic Expertise” and the ANO “Laboratory of Law” (Copies have CCA) that the signatures under the agreements do not belong to the heads of these companies. Mrs. Chernova herself called the actions undertaken by her opponents illegal.
The defense of Mr. Matiev and Mrs. Sharova appealed the decision of the investigation to close the case. The resolution of the investigator was recognized as illegal and canceled. After that, the case was closed again several times, but the wording remained unchanged. “When making the next decision, law enforcement officers invariably ignored the requirements of judicial acts and the results of a prosecutor’s response,” said Anna Zarechny, another businessman’s lawyer.
The last time, as Kommersant said, this happened last fall. After that, the lawyers again sent a complaint to the prosecutor’s office, but she was lowered to the investigator himself, who recognized his actions legal. The defense filed a complaint with the Tver court of the capital. There were soon sent a similar petition and representatives of the supervisory authority.
In court, unexpectedly for businessmen and their lawyers Igor Chernetsky and Anna Zarechny, it turned out that literally two days after the first decision on the closure of the case, the investigator signed the second, but already with the wording “for the lack of an event of a crime”.
However, as it turned out, this did not affect the verification materials allocated into separate production. According to lawyers, now they intend to seek the abolition of the current and signing a new resolution – on the simultaneous termination and the main case of fraud, and the verification with the wording “due to the lack of composition (events) of the crime”.
The defense of entrepreneurs informed Kommersant that since Tahir Matyev and Marina Sharova for almost eight years were illegally subjected to criminal prosecution, and the criminal case materials were illegally disclosed to third parties and used as a method of pressure on the arbitration court, then statements were sent to the investigative authorities to verify Sergey Kucherenko, who entered the case regarding the case regarding the case regarding the case regarding the case regarding the case regarding businessman, for abuse of power.
