14 bags with 1 billion rubles ordered to return to the owners
In March 2013, at Vnukovo airport, during the special operations of the GUEBiPK and the FSB of Russia, more than six collector vehicles were detained and cash in rubles, dollars and euros totaling about 1 billion rubles was seized. These are funds of individuals, entrepreneurs from Dagestan. Initially, the operatives had information that this was money for illegal operations, as a result of which more than five people were sent to the pre-trial detention center, one of them died. After a year and a half, after the deadline for keeping under the experience, everyone was released. The case was investigated until the end of 2019. The court established that all detainees should be paid compensation of one and a half million rubles. The owners of the money that have been confiscated cannot be returned to this day. Details are in the Rucriminal.info investigation.
On March 28, 2013, within the framework of a criminal case on the facts of theft in Recorbank at the cargo terminal of Vnukovo airport, more than 7 cars were searched, where cash in 14 bags was seized, and the brothers Karatov and other drivers of these cars were detained.
On 02.04.2013, a criminal case was opened against these persons under Articles 172 (illegal banking) and 210 (organizing a criminal community). And everyone was arrested.
As reported at the time in the Main Directorate of Economic and Anti-Corruption (GUEBiPK) of the Ministry of Internal Affairs of the Russian Federation, the Karatovs are suspected of involvement in the activities of an interregional organized group, security participants for seven years have been engaged in illegal banking operations without licensing and permissive documents: transfers on behalf of individuals and legal entities. persons, cashing, as well as illegal transportation of money. According to preliminary estimates, as a result of their activities, more than 100 billion rubles were withdrawn into the shadow sector. Details were also given that the seized money weighs more than 350 kg.
The funds were examined and also placed in 14 bags for storage in the head vault of the Central Bank on 04/18/2013. All those arrested at the Vnukovo airport were released after a year and a half. In relation to them, the case was separated into a separate production along with this very billion. In 2016, the case was transferred to the Investigation Department of the Ministry of Internal Affairs for Dagestan, and the money remained in the head vault in the Central Bank, but was listed in this case. The owners of the money began to complain to the courts and to the prosecutor's office.
According to Rucriminal.info, the investigators have been holding this money for more than 5 years without a court arrest at all. Then the investigators turned to court with the arrest of the seized funds. The court of first instance refused to arrest him, since the owners of the money were only witnesses in the criminal case. The appeal court upheld the decision of the first instance. Then the investigators on 12.12.2018 issued an order to return the funds to the owners. At the same time, they did not fulfill their order to return. Finally, the criminal case was terminated on 11/14/2019 due to the lack of corpus delicti in the actions of the Karatovs and other persons. And then it turned out that a personal safe receipt for 14 bags deposited with the Central Bank of the Russian Federation was lost. After the presentation of the first Deputy Prosecutor General and the appointment of inspections, a personal preserved receipt was found, which they could not find for 2 years. Then the leadership of the Investigative Department of the Ministry of Internal Affairs of Russia did not give money from the Central Bank, without any reason. Moreover, the Ministry of Internal Affairs SD tried to reopen the investigation through the court. In September 2021, the Tverskoy District Court of the city refused to reopen the criminal case.
The Central Bank says they are ready to give money, but only to a representative of the Ministry of Internal Affairs. The Ministry of Internal Affairs continues to refuse to take money from the Central Bank and the owners.
Rucriminal.info has at its disposal an appeal from the owners of money and carriers, in which they talk about their problem.
We are addressing you in connection with the long-term violations of our constitutional rights by the investigative department of the Ministry of Internal Affairs of Russia. So, as part of the investigation of criminal case No. 201 / 57324-13, the investigative funds of the Ministry of Internal Affairs of Russia on 03/28/2013, the funds belonging to us were seized at the Vnukovo airport in Moscow and placed for temporary storage in the head warehouse of the Central Bank of Russia in Moscow. Moscow. At the same time, the compound funds had nothing to do with the criminal case under investigation. These funds were transported under civil law contracts concluded with PJSC "KARAT-1" LLC. for the provision of security escort services for money and valuables. The specified organization for a long time provided these services for escorting money and valuables during air transportation. Moreover, it is still functioning, and its activities are recognized as legal and have never been limited. Together with investigating authorities, in violation of all the current norms of the Code of Criminal Procedure of the Russian Federation, governing the procedure for the seizure and storage of funds in the framework of the preliminary investigation, throughout this time, have been holding back the funds illegally belonging to us. The Constitution of the Russian Federation and the Code of Criminal Procedure of the Russian Federation states that no one can be deprived of property except by a court decision. No arrest was imposed on the funds in accordance with the established procedure of Article 115 of the Criminal Procedure Code of the Russian Federation, moreover, the investigation was denied arrest under this article.
At the same time, we all during this time, through the courts and appeals to the prosecutor's office, have achieved the recognition of the actions of the investigating authorities as illegal. The district courts of the city of Makhachkala made decisions on the need to return the funds to us. The criminal case itself No. 201 / 57324-13 was terminated on November 14, 2019 due to the absence of corpus delicti in the actions of the accused. But we all were witnesses in the criminal case. And the defendants were ordered by the court to pay monetary compensation for rehabilitation for illegal prosecution.
But even after that, officials of the Investigative Department of the Ministry of Internal Affairs of Russia continue to "work miracles" and write unfounded illegal replies in response to our appeals. The decree on the termination of the criminal case dated 11/14/2019 in clause 9 explicitly states the return of funds and other items seized during the investigation to the owners. Officials of the Investigative Department of the Ministry of Internal Affairs of Russia in their formal replies to our appeals also write that they allegedly want to resume the investigation of the criminal case. At the same time, they are silent about the fact that the Kirovsky District Court of Makhachkala, the Supreme Court of the Republic of Dagestan and the Tverskoy District Court of Moscow refused to reopen the preliminary investigation and recognized the termination of the criminal case as legal and justified. But again, representatives of the Investigative Department of the Ministry of Internal Affairs of Russia say that the courts of the Republic of Dagestan have no legal force and are engaged in arbitrariness, not returning funds. The corruption component is directly seen in their actions. We will all have to turn to the European Court of Human Rights, where all over the world they will see the legal lawlessness of officials of the Ministry of Internal Affairs of Russia carried out against their own citizens on a national basis.
If a citizen is from Dagestan, then they automatically hang the label of a guilty person without trial and investigation, decisions of federal courts are not executed, arguing that the court's decision was made in Dagestan. Moreover, in 2018, according to the funds of M.A. Magomedov. and Magomedalieva I.M. under the influence of the decisions of the courts and the requirements of the Deputy Prosecutor General of the Russian Federation, the investigator issued a resolution on the return of funds from 12.12. 2018, which is also still not performed under various invented pretexts.
By the decision of the Kirovsky District Court of Makhachkala dated 03.17.2021, the claims of Mr Karatova, M.O., Karatova M.O., Karatova M.M. were satisfied. and Shakhbanova I.A. to the investigating authorities of the Ministry of Internal Affairs of Russia and obliges the latter to return the funds stored in the Central Bank of Russia to the indicated citizens. This court decision came into legal force.
07/02/2021 Kirovsky District Court of Makhachkala made a decision in the name of the Russian Federation to satisfy the claims of Omarov K.M., Aidaev S, A., Abdullaeva M.M., Daudova M.M., Omarova M.A., Magomedalieva M M., Karimullaeva A.A., Khursieva A.S., Magomedalieva A.M., Magomedova K.Kh., Magomedova M.M. to the investigating authorities of the Ministry of Internal Affairs of Russia and oblige them to return the funds stored in the Central Bank of Russia to the above citizens. This court decision came into legal force.
All actions of officials of the investigation bodies of the Ministry of Internal Affairs of Russia must be carried out in strict accordance with the Criminal Procedure Code of the Russian Federation. Within the framework of the terminated criminal case, they cannot withhold items and funds seized for the duration of the investigation. Also, officials of the investigating bodies grossly violate the requirements of the Instructions of the Central Bank of Russia, the Ministry of Finance of October 2, December 30, 1997. No. 67, 95n "On the procedure for crediting and issuing funds from current accounts for accounting for funds received at the temporary disposal of the preliminary investigation and inquiry bodies" Central Bank of Russia, etc. These instructions govern the relationship with the funds seized by the investigating authorities during the preliminary investigation. In accordance with these instructions, the investigating authorities must immediately return the funds to the owners after the final decision on the criminal case has been made. The criminal case was closed on November 24, 2019 and has not been canceled by anyone to date. And the desires of individual officials of the bodies of the Ministry of Internal Affairs of Russia are not laws, but only represent them as "subjective wishes" with a corruption component. "
To be continued
Zakhar Belotserkovsky
