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Whether it's the case, or not the case
Law enforcement agencies went to assess the actions of Health Minister Alexander Vitko in court
The situation around the criminal case, in early June excited and then immediately closed against the head of the Khabarovsk Ministry of Health, Alexander Vitko, continues to develop. The Central District Court of Khabarovsk, on the complaint of two enterprises previously recognized as injured in the case, quashed the prosecutor's decision, which the investigation of the FSB investigation was found to be illegal. The investigation insists that in the actions of the official there was still abuse of authority in organizing the procurement of disinfectants (part 1 article 285 CC RF). All parties, according to EastRussia, are ready to defend arguments in higher instances. So, the prospects of this story remain extremely vague.
Last Friday, the Khabarovsk Central District Court considered the complaints of two organizations recognized as victims in a criminal case against Khabarovsk Krai Health Minister Alexander Vitko - AlfaMed LLC (Yekaterinburg) and Regional Clinical Hospital (KKB) No. XXUMX. EastRussia was told about this by lawyer Sergey Peredra, representing AlfaMed in the process.
5 June, recall The Federal Security Service of the region instituted criminal proceedings under part 1 art. 285 of the Criminal Code of the Russian Federation (abuse of authority) against Alexander Vitko. The investigation considered that the official allegedly contributed to the victory in the tender for the supply of disinfectants to the Zvenigorod "Clean Planet" LLC, a distributor near Moscow OAO NPO Novodez - the leading manufacturer of disinfectants in Russia. 6 June the decision to open a criminal case Slava Kogai, Deputy Prosecutor of the Khabarovsk Territory. But AlfaMed and KKB-1 appealed this decision in court.
AlfaMed, explained EastRussia Sergey Peredra, in the fall of 2016, decided to participate in an open electronic auction for the supply of disinfectants to healthcare institutions of the Khabarovsk Territory, but could not do this “due to the restriction of competition during the auction”. The decision of the deputy prosecutor of the region on the illegality of the criminal prosecution of Alexander Vitko, according to the representative of AlfaMed, "deprived the company as the injured party of the right to access to justice." "During this auction, my principals suffered economic damage," the lawyer insists.
Sergei Peredra appealed against the decision of the supervisory authority 7 June - the day after it was pronounced. A similar complaint was filed by representatives of KKB-1. "The hearing on this issue was held on 16 June. The court took the side of the victim and found the prosecutor's decision unlawful and unreasonable. After the court decision comes into force, the prosecutor must cancel the decision, and the investigation of the criminal case will resume, "Mr. Peredra said.
It should be noted that 10 days are given to appeal the court decision. Before that, it is not legally enforceable. In other words, at the moment the situation has not changed. Alexander Vitko is not a suspect, and case No. 11707080001000033 itself is not considered to be in the investigation. Moreover, the court does not have the authority to decide on the resumption of the investigation - only the prosecutor's office can do this.
At the same time, the Minister of Health still performs his official duties: one of the EastRussia calls found him today at a meeting with the governor. The editorial board tried to contact Mr. Vitko twice in the last Monday. Both times he took the phone, but after listening to the greeting, he apologized and said that he was too busy to talk.
"WANTED TO LEAD INVESTOR"
The grounds for the annulment of the decision to initiate criminal proceedings against Alexander Vitko were "violations of the requirements of Part 4 Art. 7 and part 1 art. 146 of the Code of Criminal Procedure of the Russian Federation, admitted by the investigative body, "and" incompleteness of the collected materials, "reported earlier in the supervisory authority, without disclosing the detailed motivation for the decision. However, it becomes clear from a copy of the decision of the Central District Court of Khabarovsk, available to EastRussia.
According to the court decision, the prosecutor's office considered that the motive, the purpose, and the guilt were absent in the actions of Alexander Vitko. The minister, when assisting the representative of OAO NPO Novodez, clarifies in the prosecutor's office, was only "a different personal interest": "the desire to curry favor with the governor of the Khabarovsk Territory and show himself an effective leader." And the official official had the ultimate goal, and moreover the most beneficial one - "to attract an investor to the territory of the region". This, it is concluded in the decision on the cancellation of the investigator's decision to initiate a criminal case, is not a criminal offense, because the desire to be effective is natural for any leader.
The investigation was not concretized, it was counted in the prosecutor's office, what exactly was the illegality of the minister's actions. "Vitka A.V.'s involvement in the formation of an overvalued price has not been confirmed, and the exact amount of damage has not been established," the prosecutor's office cited in the court decision. The conclusion of the supervisory agency was unequivocal: "The decision to initiate a criminal case consists of a chain of speculative assumptions, based on the subjective opinion of some leaders of the regional health institutions, not confirmed by objective data contained in the verification materials."
PURCHASE CHECKED FROM JANUARY
In the regional UFSB, they still refuse to comment on the circumstances of the initiation and cancellation of the criminal case against the Minister of Health.
Meanwhile, it becomes clear from the court decision in the case that the pre-investigation verification of the disputed auction was at least since the beginning of the year: a report on the detection of signs of a crime was filed by an operative 24 January. "The grounds for the initiation of the case were sufficient data on the presence in the actions of Vitko AV of the signs of a crime provided for by Part 1 Art. 285 of the Criminal Code of the Russian Federation, contained in the verification materials, "the court decision says.
These include, clarified in the document, explanations, competitive documentation, inquiries of the regional health agencies on disinfectants and commercial offers of legal entities on them, acts of research and expert opinions, as well as the results of operative investigation activities submitted to the investigative body, obtained on the basis of resolutions Judges of the Khabarovsk Territory Court ".
After examining the materials of the FSB investigation, the court concluded that the investigator "fulfilled the requirements of Art. 140 of the Criminal Code of the Russian Federation on the existence of a reason and grounds sufficient to initiate criminal proceedings ", and acted" in strict accordance with the requirements of the federal legislation of the Russian Federation. " And at the time of the decision to initiate the case, the court summarizes, the FSB had "a sufficient amount of materials and documents containing information about the signs of the crime."
"Actually, the deputy prosecutor of the Khabarovsk Territory Kogai SN went beyond his powers," the court's decision says, "giving an assessment of the circumstances listed in Article 9 of the judgment (annulment of the decision to open a criminal case against Aleksandr Vitko .- EastRussia) . 73 CCP RF, subject to identification and proof only at the stage of preliminary investigation ". Simply put, the judge of the Central District Court of Khabarovsk decided that the deputy regional prosecutor "outstripped" the investigation and made conclusions for him.
LAW ENFORCEMENT HAS BEEN AGREED
“I and my principals understand that the regional prosecutor’s office is likely to appeal against this court decision,” said AlfaMed spokesman lawyer Sergey Peredra. “However, we believe that this criminal case should still be investigated.” I don’t understand the position of the prosecutor’s office in this case: “Everything is mixed up in the Oblonsky’s house”. The prosecutor sided with the suspect and does not allow the preliminary investigation body to conduct an objective investigation. ” “If such a situation has arisen now,” he continues, “then what could be at the final stage of the investigation, when it will depend on the position of the prosecutor whether the case goes to court?” Despite the uncoordinated position of the FSB and the prosecutor’s office, I hope that the decision of the higher court will be objective. ”
According to the data of the regional prosecutor's office, Novodez is considered as a potential investor in a new enterprise at one of the sites of the Khabarovsk priority development area - in the Avangard industrial park. The company could organize the production of disinfectants there. And Khabarovsk Governor Vyacheslav Shport instructed Alexander Vitko to organize the purchase of cleaning chemicals for two or three health institutions of the region in order to assess the need for organizing such production in the region. Thus, only from the desire to establish a dialogue with a potential investor in the Ministry of Health helped the representative of the NGO Novodez to create competitive conditions, the prosecutor's office concludes.
Representative of the top management of the industrial park «Avanhard» Said EastRussia, that specific negotiations on placement on the production site Disinfectants with the managing industrial park the company has not yet been conducted. At the same time, a certain manufacturer of such products, he added, was interested in the possibility of placing here one of the parts of its production cycle - not directly related to chemically hazardous production and therefore compatible with food production, which is planned to be developed in «The Vanguard». But the representative of the industrial park could not recall the exact name of the potential investor. And the first deputy chairman of the government of the Khabarovsk Territory, Yuri Chaika, who oversees the investments, discusses topics related to Novodez., With EastRussia refused.
In the competitive documentation, we recall, as the investigation finds, it was recorded that 11 medical institutions of the region require such disinfectants, which are most easily supplied to their manufacturer - Novodez. At the same time, what is interesting, there is still no indisputable assessment of the controversial auction that served as a “platform” for initiating a criminal case against the minister.
In the spring, the regional FAS administration, we recall, concluded that the representative of Novodez, acting together with officials of the Khabarovsk Krai Ministry of Health and KKB-1, “coordinated the above-mentioned auction of disinfectants for the needs of 11 medical institutions” to win LLC “ Clean Planet. The antimonopoly authority considered this a violation of Art. 16 competition law. But the proceedings in the administrative case on violation of antitrust laws No. 8-01 / 81 Goes until now. 18 May this year due to the entry into the dispute as an interested person LLC "AlfaMed" the proceedings were postponed, the next meeting is scheduled for 4 July.
The UFSB refer to the expertise of the Ministry of Justice and the Department of Economic Security and Anti-Corruption Regional Regional Ministry of Internal Affairs. There, in early June, they issued conclusions that the purchase of disinfectants allegedly took place at inflated prices compared to average market prices, and therefore, the total estimated amount of damage to 11 health facilities of the region exceeds 3 million rubles. However, the conclusions of any examination, as you know, can also be challenged. And the regional prosecutor's office, canceling the decision to initiate a criminal case as unlawful, has already made it clear that it does not trust the conclusions of the experts presented in the case.
EastRussia will continue to monitor the development of the situation.