вторник, 10 декабря 2024 г.

Construction giant killed top managers of subcontractor

"PIK Group of Companies is trying to exclude its responsibility for the deaths of people from the case”



As the VChK-OGPU telegram channel and Rucriminal.info learned, on December 19, 2023, at the construction sites of the company OOO GP-MFS, financed by the Renovation Fund, due to the fault of the general contractor, which is part of the PIK Group of Companies, a tragedy occurred related to the collapse of a fire barrier erected by OOO GP-MFS and the subsequent death of the general director of the subcontractor OOO PSK ISKAR, represented by Karimov A.R. and the director of construction of this company Gerasimov D.A.



In connection with this, a corresponding criminal case was initiated, as a result of the consideration of which some contradictory and outrageous circumstances related to the intervention of the PIK Group of Companies structure in the course of the consideration of this case are revealed.

According to the source, in the framework of the criminal case, there is a concealment of the circumstances of the responsibility of the management of OOO GP-MFS in the deaths of people, which is associated with a change in the address of the crime scene and, accordingly, the responsibility of the persons involved.

At the same time, in order to put pressure on the personnel of the injured company, classic pressure measures were also used, related to limiting the access of the company's personnel to the construction site, as well as limiting financing, which led to the artificial termination of previously concluded contracts worth more than 2.5 billion rubles and the outbidding of all employees of OOO PSK ISKAR by the contractor GC PIK.

In connection with this, OOO PSK ISKAR was forced to cease its activities and declare bankruptcy.

These actions are related to the refusal of the heirs of Karimov A. to accept the blame for the death of the head of the company.

The interlocutor of Rucriminal.info said that the structure of GC PIK is working to exclude from the consideration of the case the executives responsible for the deaths of people.

And now the details. In the proceedings of the Nagatinsky District Court, address there was criminal case No. 1-503/2024 against Melkonyan V.G. on charges of committing a crime under Part 3 of Article 216 of the Criminal Code of the Russian Federation. The case was considered under the chairmanship of Judge Filatov A.Yu. Melkonyan V.G. is accused of violating safety rules during construction work, which resulted in the death of two persons through negligence, namely: Melkonyan V.G., while in the position of senior foreman of General Contractor - MFS LLC, on the basis of paragraph 3 of order No. 1826 dated 08/29/2023 of General Director of GP-MFS LLC Karapetyan E.O. "On the appointment of a person responsible for the production of construction and installation works and maintaining construction supervision of the preparatory period", at the site at the address: Moscow, South Administrative District, Tsaritsyno district, st. Yerevanskaya 4 and also d. 2 of the order No. 1815 of 30.08.2023 of the general director of GP-MFS LLC Karapetyan E.O. "On the appointment of persons responsible for ensuring fire safety and conducting fire safety training", during the performance of work under the contract No. D1822706/23 of 22.06.2023 for monolithic work between GP-MFS LLC and PSC ISKAR LLC, being a responsible person at the site, not foreseeing the possibility of the occurrence of socially dangerous consequences of his inaction in the form of death of a person, although with the necessary care and prudence he should and could have foreseen their occurrence, being the person responsible for compliance with labor protection requirements, as well as safety rules during construction work, in the period from 13.10.2023 to 30.11.2023, more the exact time has not been established by the investigation, organized the installation of a fire barrier on a section of land at a construction site at the address: Moscow, Yerevanskaya 4, near the house at the address: Yerevanskaya 4, bldg. 1, the installation of which on November 30, 2023 was carried out in accordance with expert opinion No. 09/24-01 dated March 18, 2024 from reinforced concrete blocks in a manner that does not ensure the stability of the structural elements, which was a deviation from the requirements of special rules, as a result of which on December 19, 2023, in the period from 09:04 to 10:29, a more exact time has not been established by the investigation, at a construction site at the address: Moscow st. Yerevanskaya 4, bldg. 2, as a result of the criminal negligence of Melkonyan V.G., a fire barrier consisting of reinforced concrete blocks collapsed onto a utility room with the heads of PSK ISKAR LLC, Karimov A.R. and Gerasimov D.A., who were in it.

On June 18, 2024, the criminal case was returned to the prosecutor in accordance with Art. 237 of the Criminal Procedure Code of the Russian Federation, the basis being that the address of the incident was incorrectly indicated in the indictment.

The collapse of the fire barrier, which resulted in the death of the general director of PSK ISKAR LLC, Karimov A.R. and the construction director of this company, Gerasimov D.A., occurred at the address Moscow, Yerevanskaya St. 4, bldg. 1, however, as follows from the evidence examined during the trial, it was established that the collapse of the fire barrier occurred at a different address, namely, Mos kva, ul. Yerevanskaya d.6 bld.2. The evidence examined at the court hearing - the conclusions of the technical commission to establish the causes of violations of the legislation on construction activities that resulted in harm to the life or health of individuals, property of individuals or legal entities (volume No. 2 p. 126); order No. RSN-4366 / 23- (0) -0 (volume No. 4 p. 163) indicate that the fire wall and the utility room onto which the fire wall collapsed were located within the site - house 6/2 on ul. Yerevanskaya. Kozlov A.V., questioned at the court hearing on 18.06.2024 as an expert, explained that the construction site has the addresses ul. Yerevanskaya d. 4.12 and house 6 kop. 2 on ul. Yerevanskaya, the collapsed fire wall, was located at the address house 6 building 2 on Yerevanskaya Street.

It is noteworthy that the development zone includes both house 6 building 2, and house 4 building 2 and house 2 building 2, however, the inspection by specialist Antonov A.A., who issued the order No. RSN-4366/23-(0)-0 was carried out only in relation to the object located at the address house 6 building 2 on Yerevanskaya Street.

In accordance with the Conclusion of the technical commission dated 19.02.2024 to establish the causes of violation of the legislation on urban development activities that resulted in harm to the life or health of individuals, property of individuals or legal entities dated 19.02.2024 N36-TK in relation to the capital construction project: "Residential building with utility networks and landscaping (with the demolition of residential buildings at the addresses: Moscow, Yerevanskaya St., Bldg. 2, Yerevanskaya St., Bldg. 4, Bldg. 2)." The address of the property is indicated: Moscow, Yerevanskaya Street, land plot 4, (South Administrative District, Tsaritsyno). The scene of the incident is a utility area located on the provided additional plot outside the boundaries of the GPZU (refers to Yerevanskaya Street, land plot 6/2) according to the project, code 56-REN-PIR-POS1-TCH section 6 "Construction organization project" sheet 8. Thus, the utility room, onto which the fire wall collapsed, was located within the plot on Yerevanskaya Street, land plot 6/2

Based on the appellate ruling of 08/21/2024, it was canceled, the case was sent to the court of first instance for consideration by a different court composition, this appellate ruling was appealed to the 2nd Cassation Court of General Jurisdiction.

At present, the case is being heard again in the Nagatinsky District Court by Judge O.V. Pinina.

As part of the new review, the written materials of the criminal case were studied, the defendant in the civil suit was recognized at the request of the injured party, OOO Generalnyy Podryadchik - MFS, its representative appears at the court hearing.

In the foreseeable future, the interrogation of the victims, witnesses in the case, and the defendant is expected.

It is reliably evident from the materials of the criminal case that the person responsible for the performance of work at the site located at the address: Moscow, Yerevanskaya St., 6, bldg. 2 was the nephew of the general director of OOO GP-MFS, Karapetyan M.A.

That is, it is obvious that there are two construction sites with their own addresses.

The truth in the case is that, presumably by prior agreement, Melkonyan V.G. took responsibility for the installation of the fire wall, allegedly without telling anyone about it and not in his area of ​​​​responsibility for the utility town.



As part of the study of the written materials of the criminal case, it is obvious that the norms of the Criminal Procedure Code of the Russian Federation were violated by investigator Arbuzova E.A. Nagatinsky MRSO, as well as by the expert of the laboratory of ANO "CSE" Kozlov A.V. appointed by the investigation; the cause of the destruction of the fire wall that led to the death of people has not been established.

As an accused in the case, the general director of "General contractor - MFS" Karapetyan E.O. was not brought in, the head of the site Kuprikov A.F. was not brought in due to improper performance of his official duties, Karapetyan M.A. responsible for the order of Mosgosstroynadzor was not brought in, the chief specialist of Supervision Department No. 6 of the Southern Administrative District of Mosgosstroynadzor - Antonov A.A. was not brought in, who did not check the executed order dated 13.10.2023 No. RSN-4366 / 23- (0) -0 on the elimination of violations of the project within the established time frame within the framework of the said order. The General Director of GP-MFS LLC and at the same time the General Director of PIK Group, E.O. Karapetyan, assumed responsibility under the contract between the Renovation Fund for compliance with and control over the rules for labor protection and safety at the facility, the above-mentioned person did not properly perform his official duties, which led to an accident that resulted in the death of two people. Consequently, GP-MFS LLC and the decision-makers and managers of the organization are also obliged to bear responsibility.



Yaroslav Mukhtarov

Source: www.rucriminal.info

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