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On the opera theater and the rise of corruption



EastRussia spoke with the prosecutor of Primorsky Krai

Primorsky Territory Prosecutor Sergei Besschasny told about the most high-profile corruption cases in the province, the investigation in the Primorsky Opera and Ballet Theater and about what the Primorye often complain about.

On the opera theater and the rise of corruption

- Sergey Alekseevich, what directions in the work of the Primorsky Territory Prosecutor’s Office in recent years would you call the main ones? What are the results of supervisory activities in these areas?

  - This year, as well as in 2014, the prosecutor's office has solved and continues to solve the tasks of protecting the interests of society and the state, labor, housing and other social rights of citizens, ensuring the rule of law in the field of economics and law enforcement.

The key directions of the work of the Prosecutor's Office in the field of supervision this year are overseeing the observance of labor rights of employees, observance of working conditions, spending budget funds, observance of legislation on the contract system in the procurement of goods, works and services for state and municipal needs. In addition, attention is paid to the legislation in the sphere of land use, in the sphere of housing and communal services, as well as in the field of protection of forests and settlements from fires.

Since the beginning of 2015, one of the main areas of work of the prosecutor's office has become the supervision of the implementation of laws, the observance of human and civil rights and freedoms. For three months of this year, almost 27 thousand violations in this area were revealed, which is 15% more than in the same period last year. According to our materials, in the first quarter alone, the preliminary investigation bodies have already initiated about 100 criminal cases.

In addition, since the beginning of the year, prosecutors have identified over 4,3 thousand violations in the economic sphere. There was a significant increase in the number of violations of laws on the procurement of goods, works, services to meet state and municipal needs (1,15 thousand violations), on the budget (548 violations).

You probably remember how broad informational support was received by the Control and Accounts Chamber of the Primorsky Territory voiced by the control event held at the Primorsky Theater of Opera and Ballet.

The prosecutor's office analyzed the materials of this test for 2013 year and 9 months of 2014 year. The facts of ineffective spending of budget funds by the institution were established, as well as the facts of using such funds in the absence of legal grounds.

So, the facts of the conclusion of the KSAUK "Primorsky Theater of Opera and Ballet" were found in contracts for renting residential premises at inflated prices, which led to inefficient spending of budget funds for a total of 540 thousand rubles. 

For example, the actual cost of renting a two-room apartment with an area of ​​52,4 sq. m, taking into account services for the selection of an apartment, under one of the lease agreements concluded by the theater for 16 days, amounted to 102,51 thousand rubles. 

At the same time, the current regional legislation does not provide for requirements restricting the right of such institutions to rent accommodation. The governor of Primorsky Krai and the chairman of the regional Legislative Assembly are informed about the need for a regional regulatory and legal act that would regulate this issue.

In addition, the prosecutor's office of the Frunzensky district of Vladivostok established the fact of illegal payments in 2013 by the Theater remuneration management in excess of 310 thousand rubles to a full-time employee - artistic director of the ballet troupe - for services under a civil law contract, which was provided for by his job description. In this regard, against the artistic director of the KGAU "Primorsky Opera and Ballet Theater" Anton Lubchenko, a criminal case has now been opened under the article "Abuse of power".

I can not ignore the sphere of environmental protection and nature management, while overseeing the legality, in which prosecutors revealed more than 1,7 thousand violations of laws. 156 persons are brought to administrative responsibility. 

Supervisory activity has also intensified in terms of the number of violations revealed in the field of observance of human and civil rights and freedoms. Over 19 thousand such violations were recorded. Almost 1,5 thousand persons were brought to disciplinary responsibility, more than 900 persons - to administrative responsibility.

During the first quarter, the number of violations in the area of ​​enforcement of labor rights legislation increased - almost 8 thousand violations, housing rights of citizens - over 2 thousand violations, in the field of road safety - over 1 thousand violations, as well as citizens' appeals - 288 violations.

Only for three months 2015 year prosecutors in order to restore the rights of citizens to pay for labor in the courts sent 4,7 thousand suits, of which 3,5 thousand was satisfied and terminated after payment of the debt. In total for this period by means of measures of public prosecutor's reaction the indebtedness on a patch in 290 million rubles was liquidated.

For example, in March, inspections of the activities of Tikhookeanskaya Bridge Construction Company began. At the beginning of March, the debt to employees of ZAO TMK amounted to about 60 million rubles, later the amount increased to 96 million rubles, now it is partially paid off. In relation to the acting. of the General Director of ZAO TMK, the prosecutor initiated an administrative offense case, which provides for disqualification as a punishment.

In addition, on the fact of non-payment of wages on the materials of the prosecutor's check a criminal case was initiated. Later, during supervisory measures, it was established that when making decisions on the reduction of employees by the employer, the relevant orders included women with children up to 3 years and a single mother raising a disabled child under the age of 14 years, which is a violation of the Labor Code of the Russian Federation.

Moreover, from February to March of this year, 435 employees of ZAO TMK, in the manner prescribed by law, notified the employer in writing of the suspension of work until the full payment of wage arrears. However, the employer did not calculate the average earnings of these employees during the period of suspension of work, as well as monetary compensation.

To the address of the acting Director of ZAO TMK introduced a submission with the requirements to eliminate the identified violations of labor legislation. Considering that TMK employees continue to apply to the prosecutor's office for the protection of their rights in court, we do not remove this situation from control and are taking the necessary response measures in their interests.

In the area of ​​observance of the rights and interests of minors, more than 4,1 thousand violations were revealed, 415 protests were brought by prosecutors, more than 1,5 thousand lawsuits (statements) were sent to the courts, 740 submissions were submitted, 18 materials were sent to the preliminary investigation bodies to resolve the issue of criminal prosecution, according to the results of which 16 has already initiated criminal cases.

For example, the Prosecutor of Nakhodka, upon the application of the head of a local educational institution, sent verification materials to resolve the issue of criminal prosecution for causing bodily harm to a minor child with his mother’s dweller. According to the results of their consideration, a criminal case was initiated under the article “Beating”. Mother removed from the functions of the legal representative.

Particular attention was and is being given to the protection of the housing rights of orphans, children left without parental care, and persons from among them. In compliance with the requirements of the regional prosecutor's office, last year, 149 persons were additionally provided with well-equipped living quarters, and funding increased in this area from 650,6 million rubles in 2014 to 915,2 million rubles in 2015.

This year, the number of violations revealed in the field of supervision over the execution of laws at the pre-trial stage of criminal proceedings has increased to 59,6 thousand. More than 1 thousand officials were brought to disciplinary responsibility. On the initiative of the prosecutor, almost 1,3 thousand crimes were registered, previously known, but for various reasons were not recorded. As a result of the cancellation of illegal decisions by prosecutors to refuse to initiate a criminal case, more than 1,5 thousand criminal cases were initiated.   

For example, on the initiative of the prosecutor, criminal cases were instituted on the facts of illegal write-off of more than 1 million rubles from the bank cards of Vladivostok residents. Thus, the prosecutor's office of the Frunzensky district of Vladivostok found that 2015 registered 48 messages in March of crimes on the specified facts. The preliminary investigation body made decisions to refuse to open a criminal investigation, but the prosecutor canceled these decisions in the order of supervision and returned the audit materials to the chief of the OP # 4 of the Ministry of Internal Affairs of Russia for Vladivostok with an indication to consider the issue of initiating criminal cases. To date, criminal proceedings have been initiated for all 48 materials of procedural checks under the article "Theft".

In the first quarter of 2015, the regional prosecutor's office revealed about 5 thousand violations of accounting and statistical discipline committed by investigators and interrogators of law enforcement agencies. Also, more than 2,5 thousand violations were revealed related to the distortion of information about the crime and the person who committed it.

No less important is the issue of supervision over the implementation of laws by the administrations of institutions and bodies executing criminal sentences, and pre-trial detention centers. This year, almost 1,4 thousand violations were revealed in Primorye, 109 persons have already been brought to disciplinary responsibility. 

For example, when checking the implementation of laws by the administration of the PKU KP-52 GUFSIN of Russia in Primorsky Krai, it is established that in the settlement colony, the living quarters are not provided with furniture, the convicts are not given the clothing allowance in accordance with the established standards. In a number of rooms, living conditions did not meet sanitary and hygienic standards and requirements, fire safety violations occurred. In this regard, the head of the GUFSIN of Russia for Primorsky Krai made a presentation; On 4 contradicting the law, the head of the institution was brought with protests.

- Sergey Alekseevich, I suppose that it is possible to list the main directions of the supervisory activity of the prosecutor's office of the region for a long time. But I would like to touch on an equally important topic for the Primorsky Territory - the crime situation. What can you say about the situation in 2015?

- In the 1 quarter of 2015, the crime situation in Primorye is characterized by a decrease in the number of recorded crimes by 10,6% (to 10,3 thsd.). Let me remind you that in 2014, there was also a decrease in the number of registered crimes by 6,9% (up to 48,8 thousand).

As before, almost half of all registered crimes - more than 5 thousand - are theft of other people's property. The number of solved crimes committed by an organized group and a criminal community has increased by 79,4%. In general, the disclosure rate compared to the same period last year increased by 2,4% (from 48,8% to 51,2%).

Primorye continues to occupy a leading position in the Russian Federation in terms of the number of crimes detected and registered at the initiative of the prosecutor, previously known, but unaccounted for - almost 1,3 thousand, as well as the number of decisions canceled by the prosecutor to refuse to initiate a criminal case - 33,3 , 9 thousand. It should be noted that without taking into account the crimes revealed by prosecutors, only 12,5 thousand crimes would have been registered on the territory of the region, that is, out of the total number of registered crimes - XNUMX% ​​were revealed by prosecutors.

As a result of joint work of the city prosecutors and heads of law enforcement agencies of Primorsky Krai, it was the first time in the last few years that they managed not only to achieve a significant reduction in the number of registered crimes, but also to continue this positive trend this year.

- How do you assess the situation related to the fight against corruption in the Primorsky Territory? What are the most notable results of the fight against corruption of the regional prosecutor's office in 2014 and the current period of 2015?  

- In the first quarter of this year, during the supervision of the implementation of anti-corruption legislation, almost 2 thousand violations were revealed. 246 officials were brought to disciplinary responsibility, 36 persons were brought to account by the bodies of administrative jurisdiction by the order of prosecutors. So, in March, by order of the prosecutor of the Leninsky district of Vladivostok, a legal entity was fined 1 million rubles after money was illegally transferred to a representative of the controlling body in its interests.

According to the results of the investigation of criminal cases of corruption crimes prosecutors sent to the court 48 criminal cases against 53 defendants, the total damage from crimes in accordance with the indictment amounted to more than 138 million rubles.

In general, the number of detected corruption crimes in the country is decreasing. However, in the region, due to the strengthening of supervision over operational-search activities and improving the quality of interdepartmental interaction, an increase of 4,9% in the number of detected corruption crimes was ensured from 366 in 2013 to 384 in 2014. Of these, the number of bribery cases increased by 130,6% - from 62 to 143.

This year, there has also been an increase in the facts of bribery (from 33 to 54) and commercial bribery (from 2 to 24). At the same time, an increase in the proportion of facts of receiving bribes is recorded (from 39,4% to 57,4%), as well as the average size of bribes - from 13 thousand rubles to 62 thousand rubles, commercial bribery - from 18 thousand rubles to 914 thousand rubles

Of course, this indicates the need to take additional measures to identify and suppress, including by means of operational-search activities, corruption in these areas, as well as in the areas of housing and public utilities, procurement and use of budget funds.

In 2014, 25 criminal cases were initiated against officials of special legal status, 15 of them against a member of a precinct election commission, 7 against deputies. Persecution was carried out against the heads of municipalities of Olginsky, Pogranichny, Nadezhdinsky municipal districts, Lesozavodsky urban district, one of the rural settlements of the Pogranichny district.

Criminal acts were identified by prosecutors in the field of procurement and the management of budgetary funds - theft, abuse of authority, office forgery. In three cases, the governor of the region was asked to apply to the representative bodies of the Kavalerovsky, Lazovsky, Spassky districts with the initiative to dismiss the heads of municipalities for violating anti-corruption standards. On the initiative of prosecutors, 6 legal entities, on behalf and in whose interests the acts of corruption were committed, were subjected to administrative fines in the total amount of 43,5 million rubles

Primorski Krai was the first country in the country where, at the request of the prosecutor, a decision was made by a court decision to convert a car belonging to a municipal employee into revenue of the state, in relation to which there is no objective information on its acquisition for legitimate revenues.

Despite the increase in the number of criminal cases on corruption crimes considered by the regional courts (from 119 to 192), no acquittals were passed on them. In addition, the institution of confiscation of property of corrupt officials was used much more actively (69 cases against 15 cases in 2013).

Last year, activities to recover criminal incomes and recover damages caused by acts of corruption were intensified, 44 (in the past period - 9) sued more than 101 million rubles, 32 sued for 11,5 million rubles was satisfied and satisfied This year this work will be continued .

- I would like to hear about the most high-profile cases in the field of corruption.

- As for those criminal cases that have received a wide public response, they certainly include the established cases of commercial bribery on an especially large scale of officials of OJSC Far Eastern Energy Management Company, systemic facts of bribery on the part of the heads of remand prison No. 2 in Ussuriysk , corruption manipulations with land plots of heads of Nadezhdinsky, Pogranichny and Olginsky districts.

For example, the former head of the Olginsky municipal district was sentenced, he was convicted under the article “Attempted fraud committed with the use of official position”. The official decided to steal money from the general director of a local commercial organization and told him about the possibility of speeding up the lease of a land plot for 500 thousand rubles. In early April 2014, while transferring the specified amount of money, the head of the Olginsky district was detained by officers of the FSB of Russia in the Primorsky Territory. He was sentenced to 2 years of imprisonment with a fine of 40 thousand rubles and serving his sentence in a general regime correctional colony. 

Also in the proceedings of the court is a criminal case opened against the former head of the Nadezhdinsky municipal district, who is accused of committing malfeasance and illegal participation in business. According to the investigation, in the period 2010-2012. Grigory Vedernikov organized the activities of the companies LLC "Gran" and LLC "Ussurtrans", which actually belonged to him, to extract minerals on land plots illegally leased to him without the necessary change in the category of land. As a result of the development of minerals on these land plots, the fertile soil layer and vegetation cover were destroyed, the amount of environmental damage caused to the environment amounted to over 58 million rubles

He also took a deliberately illegal decision to transfer the ownership of a land plot of 351558 square. M. Of his acquaintance without observing the necessary conditions, what was violated the rights of others who had the primary right to receive this site. Now the decision to illegally transfer the land plot to the property was canceled in court, the area was returned to the municipality. The court seized Vedernikov's property in the form of a non-residential building, 7 land plots, as well as more than 15 vehicles and special vehicles used for construction purposes.

In addition, the prosecutor of the Primorsky Territory filed a statement of claim with the court for the recovery of more than 58 million rubles from the former head of the municipal district as compensation for environmental damage caused by him.

- Sergey Alekseevich, what is the dynamics of the incoming appeals to the bodies of the prosecutor's office of the region lately? What do citizens most often complain about lately when addressing prosecutors?

- In 2013 and 2014 years, the prosecutor's office of Primorsky Krai allowed in essence over 80 thousand appeals of citizens. The most common complaints are violations of housing, land, labor laws, the actions of bailiffs who do not comply with court decisions, the actions of police officers who allow red tape in criminal cases or for a long time do not initiate criminal cases.

In 2014, almost every fifth complaint was found to be justified, it is more than 8,1 thousand or 22%, which corresponds to the level of 2013 year.

The overwhelming majority of applications are satisfied due to elimination of violations related to non-payment of wages. For example, for 2014 year of operation, the prosecutor's office was allowed to pay off wage arrears in the Primorsky Territory for a total of 339 million rubles.

We state an increase in the number of applications on violations of land legislation (in 2014 it increased by 8% from - to 1,7 thousand). For three months of 2015, the regional prosecutor's office received 19,5 thousand appeals from citizens. Most often, complaints were registered about violations of housing, labor, environmental legislation, inaction of bailiffs, violations of the rights and legitimate interests of minors and others.  

The most often recognized as satisfied were complaints about the decisions of law enforcement agencies, about the violation of the labor rights of citizens - non-payment of wages, and in the housing sector.   

- You touched upon the topic of land relations. How relevant is it to the Primorsky Territory? And does it deserve close attention from the supervisory authority?

- This is a serious problem for the region. In the conditions of practically not working municipal land control, the facts of unauthorized and misuse of land were disseminated, there are examples of illegal disposal of land plots. The mechanism of providing large families with land has not been realized at once.

With regard to urban planning, it should be noted that the urban environment does not meet the needs of the population, the lack of system of development, the lack of adequate recreation areas.

The acute problem is the presence of administrative barriers, the bureaucratic nature of licensing procedures. Strengthened oversight of the legality of actions and decisions of officials in the disposal of public lands. In addition to the cases already mentioned with respect to officials, at the initiative of the 9 Prosecutor's Office criminal cases of fraud were initiated in the Khasansky district, where we discovered a criminal scheme for obtaining land plots.

It was established that capital construction projects giving the exclusive right to acquire land plots on this basis were actually absent on them. Also, special attention is paid to the supervision of the turnover of agricultural land. The facts of the sale of 3 land plots with a total area of ​​900 hectares for a paltry price of 300 thousand rubles have been revealed, while their market value exceeds 18 million rubles.

An adequate response to the illegal actions of the head of the Yakovlevsky municipal district was the sending by the regional prosecutor's office to the investigative body of three materials to resolve the issue of criminal prosecution.

In addition, the situation with the implementation of the rights of large families to the free provision of land plots for individual housing construction required the prompt intervention of the prosecutor's office.

Numerous violations of the statutory deadline for their submission (180 days) have been identified, in connection with which 11 claims have been sent to the courts, 7 submissions have been submitted to the heads of municipalities, which have been reviewed and satisfied. In compliance with the requirements of prosecutors, 900 for large families is provided with land.

- Thank you, Sergey Alekseevich, we will wait for the results of the first half of the year.

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