Two people were killed and eight seriously injured.
The editors of Rucriminal.info continue to publish the most interesting materials of the criminal case on the massacre on Rochdelskaya Street - records and testimonies of the defendants. For example, the audio recording of negotiations in the Elements restaurant that took place just before the conflict played a big role. The recording was made by the owner of the restaurant, Zhanna Kim, and around this recording, as Rucriminal.info found out, passions flared up, like in spy films. On this recording, it was not only heard that there was no tough “showdown” in Elements, as Zhanna Kim and lawyer Eduard Budantsev represented, but the name and surname of the real culprit of the sad events was called - a businessman from Kazakhstan Kenes Rakishev, known as " Nazarbayev's wallet. By order of the latter, a real hunt was arranged for the record.
Even in the morning of the day when the shooting took place on Rochdelskaya, a meeting was scheduled between Kim and representatives of the designer Fatima Misikova. To protect the interests of Kim, the people of Kenes Rakishev singled out detective Fenechkin. After listening to the restaurateur girl, he said that a civil law dispute was not his specificity and advised him to record all the events on a dictaphone. In the midst of the conflict, Zhanna Kim called the detective and asked him to drive up. In the restaurant, she gave Fenechkin a record of what happened before the shootout. Kim's mistake, in fact, became the only clue to understanding the truth in this story. From the conversations that took place between the participants in these events and were preserved on record, it becomes clear that the conflict was at the level of a dispute between business entities and nothing would have happened if the lawyer Eduard Budantsev had not taken out a weapon. Representatives of Kenes Rakishev understood that the audio recording could destroy the script they had built, and the hunt began for her. Rakishev's people invited the detective to meet at the Ukraine Hotel. This is what he himself says in his testimony in court. At the hotel, he was told that he had to give the audio file, but he refused. After that, the detective was searched, but nothing was found: Fenechkin did not live at the place of registration. According to the source of rucriminal.info, Rakishev was ready to pay a large amount of money for the recording. After another refusal, the officers of the Internal Affairs Directorate for the Central Administrative District of Moscow, together with Zhanna Kim and representatives of Rakishev, tried to carry out operational measures against Fenechkin.
We are publishing a transcript of the negotiations between Zhanna Kim and the operator of the service "02" of the Main Directorate of the Ministry of Internal Affairs for Moscow, the conversation took place on December 14, 2015 at about 20 hours and 30 minutes.
O- Service Operator 02
J- Jeanne Kim
1. O-Police, Kostina, how can we help you?
2. F-I would like to announce that 20 masked people came to the restaurant to visit me. I am the owner of the restaurant.
3. O-Yeah
4. J-How can this issue be resolved?
5. O-What is the address of the restaurant?
6. Zh-Rochdelskaya 15 building 1
7. O-A restaurant?
8. J-Restaurant Elements.
9. O-What do they want from you?
10. F-Well, in general, unmarked cars arrived and people came out along the perimeter of the restaurant. We understand about the repair, and these people are apparently people from the repair, I don’t know. We have private property here.
11. O-Well, do they require something? Did they kick the visitors out? What do they want anyway?
12. F-They demand that we go outside.
13. Oh-All right? Do you also have visitors? Not?
14. Y-Yes. Visitors are not being asked to go outside, they are asking all of us to go outside.
15. O-Are they armed there? Not?
16. F-I see that it is not. No.
17. Oh-Good. Will you introduce yourself to me please?
18. Zhanna Kim.
19. Oh, you are the director of the restaurant, right?
20. Y-Yes.
21. O-Everyone, wait for the outfit to arrive. Please wait.
From Zhanna Kim's message to the 02 service, it follows that the reason for calling the police was the presence of PSC employees on the veranda, and not what was happening inside the restaurant. To the question of operator 02, Zhanna Kim says that negotiations are underway regarding repairs, that no one is demanding anything, people on the street are not armed, someone is asking her to go outside. In the Presnensky Court, the audio recording was compared with the video cameras and it was found that some time before the call to service 02, the following dialogues took place between the persons participating in the negotiations. Dialogue No. 1. Zhanna Kim says to the security guard of the Elements restaurant, “Don't worry about anything. They just said something to them, and now we will answer them and that's it. Now the fighters from my boss will fly up. Everything is all right. (In this dialogue Zhanna Kim means Kenes Rakishev, the fighters - Budantsev and company.) Dialogue No. 2 “Zhanna Kim asks the contractor a question— And people will leave the terrace. Can it be done? (Referring to the employees of the private security company located on the veranda). In response, her husband Denis Kim whispers in her ear, “Don't, don't let them stand. Let them stand. Zhanna Kim replies, to Denis Kim-A, (huh?). Denis Kim in response to Zhanna Kim - “It’s better for us that they stand” (referring to the private security company located on the veranda). At the same time, during the dialogues available on the recording, the contractors told Jeanne Kim that there was a private security company on the veranda and guarded them, and if they strained her, they ready to give the command to the private security company to withdraw.
The source of the editorial office of Rucriminal.info, said that the possibility of a forceful action against contractors by the people of Kim Zhanna was not ruled out, and what they were warned about in advance, so they took a private security company with them to the meeting, the information was that Zhanna Kim would be represented by Chechens at the negotiations . (this information was confirmed, the Chechens really were at the meeting). Budantsev's team in Moscow has long been known for providing services in the forceful seizure of enterprises, knocking out debts, active cooperation with the Chechen and Tagansky organized crime groups. Buantsev's clients include Vasily Anisimov, Kenes Rakishev, Alisher Usmanov. One of the latest takeovers is the enterprise OOO Zavod orgsintez Oka, located in the Nizhny Novgorod region, Dzerzhinsk, the victim Yevgeny Nikulin is still unable to initiate a criminal case. The assets of the enterprise were recorded on the name of an active participant in the shooting Kostrichenko, pressure on the victim was personally exerted by Budantsev in the premises of the law office Dictatorship of Law. They implemented the same forceful method in the Elements restaurant.
In the Presnensky Court, when comparing the video recording with the audio recording made by Zhanna Kim, it was established that the conversation with the operator of the “02” service was carried out in the presence of a police officer of the GNR OMVD Presnensky Karikh, at the time of being on the veranda of the restaurant, while on the veranda at the moment there were already no employees of the private security companies of the indicated Zhanna Kim in a message to the operator "02". Literally ten minutes before Zhanna Kim's call to the "02" service, the police officers checked the documents and verbally interrogated the employees of the private security company and did not reveal any violations in their actions. After that, the employees of the private security company got into their cars, which had state. rooms and drove away from the restaurant. At the same time, the conversation between Zhanna Kim and the police officer was recorded on a dictaphone. From the conversation between the police officer and Zhanna Kim, it follows that there are no grounds for detaining the employees of the private security company and they were lawfully on the veranda, guarding the people inside the restaurant, they did not have weapons. There were no other dialogues between Zhanna Kim and employees of the Presnensky police department. However, in her testimony prior to the issuance of the audio recording, Zhanna Kim claimed to the investigator that she had informed the SNR officers about the extortion being committed against her and asked them to take action, to which the officers replied, “Can we leave?” In subsequent testimony, Zhanna Kim added unreliable information about the presence of weapons in the private security company.
All dialogues between Kim Zhanna and Budantsev inside the restaurant do not contain information about the commission of illegal actions against her. A dialogue was recorded between Budantsev, Kostrichenko and Zhanna Kim. Budantsev turns to Jeanne Kim "Well, what?" "We are this, from the Criminal Investigation", "We are the Criminal Investigation". In this dialogue, Budantsev informs Kim Zhanna that he and Kostrichenko are police officers. Which does not correspond to the version of Budantsev and Kim Jeanne that he was her lawyer. A similar conversation was recorded in the VIP room, where Budantsev and his company, together with security officer Shakirov, are checking documents. So Budantsev introduced himself as an employee of the Moscow Criminal Investigation Department and shows a certificate of a police officer, after which he and Kostrichenko begin to check the documents of people in the restaurant. At the same time, their further testimony seems completely illogical, according to Budantsev and Kostrichenko, illegal actions against Kim Zhanna and his company continued, and the detective Shakirov was inactive.
Jeanne Kim also lied about the private detective Fenechkin. In her primary testimony, Zhanna Kim does not indicate the fact of contacting the detective at all, and did not inform the investigator about the presence of an audio recording of the conversations. And to the direct question of the investigator, she answered that she had turned for help only to Budantsev, with whom she had an agreement to provide legal assistance. About Fenechkin, Zhanna Kim remembered only when the latter, contrary to the requests of Kenes Rakishev's comrades, gave out an audio recording of conversations in the Elements restaurant, and during interrogation told the truth about what was happening in the restaurant. At the same time, Zhanna Kim informed the investigator, “.... Why Anton (Fenechkin) came at that very moment, I don’t know, I can only say I didn’t call him, didn’t ask him to come. Anton asked if I had an audio recording of the ongoing conversation, to which I explained that I had the recording, after which Anton told me to give him the recorder. Further, Zhanna Kim began to assert that Fenechkin was present during conversations with police officers, in which she and Budantsev and his comrades asked to take measures to suppress extortion, but the officers were inactive. Fenechkin categorically rejected these allegations of Kim Zhanna, Peter Cherchintsev supported his testimony, informing the court that this was a lie invented by Budantsev.
At the same time, it is not clear why, in the presence of serious disagreements in the testimony of Kim Zhanna and Fenechkin, there was no confrontation between them at the stage of the investigation. Also It is not clear why the investigators did not confront Kim Zhanna and detective Shakirov, there were very significant discrepancies in their testimony. At the trial in the Presnensky court, the testimony of Zhanna Kim was refuted by the details of telephone conversations. Zhanna Kim and Fenechkin called up on the afternoon of December 14, 2015, met near the building of the Presnensky Department of Internal Affairs, where Fenechkin suggested Zhanna Kim write a statement, but she refused. And in the evening Zhanna Kim called Fenechkin more than six times and asked to drive to the restaurant, their conversation was recorded on a dictaphone.
A source from Rucriminal.info said that this behavior of Zhanna Kim is understandable. It was necessary to discredit the testimony of the police officers of the detective of the Ministry of Internal Affairs Khamovniki Romashkin, the detective of the Ministry of Internal Affairs Presnensky Shakirov and the district police officer Zinatullin, it was not the task to imprison the employees of the GNR (they had no influence on the murder case), although they were the first to arrive on a call and had to take all necessary measures and bear the corresponding responsibility. However, as we see, justice in the Presnensky court was selective. It was Romashkin, Shakirov and Zinatullin who became eyewitnesses to the murder and the main witnesses for the prosecution of Budantsev, and also insisted that no illegal actions had taken place in the restaurant.
A Rucriminal.info source reported that in May 2016, Budantsev's accusation was strengthened by new articles, the case was taken to the Investigative Committee of Russia and they planned to involve Kenes Rakishev as an accomplice to the murder. Zhanna Kim was ready to change her testimony and tell the truth (respectively, not in favor of Budantsev). Petr Cherchintsev also wanted to tell the truth about the events in the restaurant at the investigation stage. These plans were prevented by the detention of the leadership of the Moscow Investigative Committee, and the subsequent discrediting of the employees of the Russian Investigative Committee.
A very interesting legal assessment of what is happening in the restaurant was described in the verdict by judge Vasyuchenko “... During the trial, it was established that there were disagreements between Kim Zh, on the one hand, and Misikova F.T., regarding issues of payment for repair work carried out in the restaurant” Elements, as well as on the quality of these works. The position of Kim J was that she, in her opinion, completely produced Misikova F.T. Payment for all construction work carried out in the Elements restaurant. In connection with the poor-quality performance of part of the work, Misikova F.T. owed her (Kim Zh.) money. The position of F.T. Misikova, in turn, was that Kim Zh did not pay for part of the work done by her, which she (Kim Zh) had to pay directly to the persons who directly carried out these works. These circumstances are confirmed by an audio recording of conversations, the content of which was not disputed by any of the participants in the process.
From the protocol of the inspection of the video recording dated 05.10.2017, it follows, “... that at 21:47. 07 sec, at the moment when Kostrichenko, Cherchintsev approached the doors of the VIP room, Shakirov at 21 o'clock. 47 min. 07 seconds, taking his hat, he went to the exit from the restaurant hall, that is, just at the moment the conflict began to develop ... ".
Having studied the materials of the criminal case, it is clear that the conflict began only after detective Shakirov left the restaurant, at that time Budantsev and his company wanted to go into the VIP room where the negotiations were taking place. The guards of the persons participating in the negotiations asked Budantsev “Who are you?” Budantsev, without answering, tries to enter the VIP room, he is blocked by security. At this moment, a personal conflict also begins between Cherchintsev and the negotiator. Zhanna Kim, being in the VIP room, is silent (after all, she thinks that Budantsev and the company are police officers). From the testimony of the lawyer Petrosyants, (represented the interests of Zhanna Kim), it follows that Budantsev invites everyone to go out into the street. Further, according to CCTV cameras and testimonies of witnesses on the veranda, Cherchintsev and Romanov are sorting out the relationship, Budantsev stands aside, does not enter into dialogues with anyone. At some point, Budantsev, in violation of the law on weapons, takes out a pistol with the words "I will shoot everyone!" and points the barrel at people. After that, the staff of the private security company tried to calm him down. But, Budantsev starts to shoot. As a result, two people were killed, eight seriously injured.
Thus, the court established that there was a civil law dispute in the restaurant, and the conflict began on the basis of a sudden personal hostile relationship. The court itself did not establish any raider seizure, or extortion, let alone the inaction of police officers. It turns out that the verdict was issued despite the obvious absence of corpus delicti in the actions of the police officers and only on the basis of the testimony of the interested parties, which were refuted during the trial. The materials of the judicial investigation of the Presnensky Court are a ready-made criminal case against Budantsev, Rakishev and the company. The question remains why it was not a just sentence, but the higher authorities approved it, and who benefited from it?
The editorial source said that in discredit officers of the Main Directorate of the Ministry of Internal Affairs of Moscow and the Investigative Committee for Moscow participated in the police station and acted in sync with the protection of Budantsev, instead of fixing traces of crimes committed by Budantsev and his company, helping to protect employees, they falsified documents, conducted searches at a private detective , in order to find an audio recording, they tried to frame the detective by the RSD of the Internal Affairs Directorate for the Central Administrative District of Moscow, persuaded the witnesses to slander.
During the proceedings on the events on Rochdelskaya, the Investigative Committee was divided into two camps, some openly sided with Rakishev and Budantsev, while others established the objective truth, for which they paid. Unfortunately, the absence of the institution of unity of command in the Investigative Committee of Russia, as well as the provision of false information to its Chairman, led to such sad consequences for the entire service and to the discrediting of the entire law enforcement bloc of Russia.
To be continued
Alexey Ermakov
