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Vadim Klyuvgant is doubtful about motives of Abyzov case: "How did an organized criminal group headed by a minister manage to remain unnoticed for so many years?" The Insider, 27 March 2019

Ex-minister for the Open Government Michael Abyzov was indicted on charges of creation an organized criminal community (clause 201 CC) and fraud (clause 159 CC). The Basmanny Court of Moscow has already detained Abyzov until 25 May. The Insider asked attorneys at law Pen and Paper partner advocate Vadim Klyuvgant to estimate to what extent the application of clause 210 to economic acts was justified.

I'd like to make a reservation that as an advocate acting in accordance with the requirements of professional ethics, I cannot comment on the circumstances of a particular case. I can only give expert estimates based on my personal experience and practice.

The main question is whether the criminal prosecution is of legal nature, or its goals are not connected with administering justice. It is an essential question.

When you come across accusations which are difficult to understand, reasons to suppose that there are motives not connected with the goals of justice, come to mind. In this particular case l mean accusation of organizing a criminal community and participation in its criminal activity. I get stunned. How is it possible that such a high-level organized criminal community headed by such a well-known top public figure could exist for so many years, and it has been uncovered only now? I simply can't realize it as a lawyer.
How did this professional criminal activity (an organized criminal community is the highest professional form of criminal activity) look like if it was about a deal or a number of deals? Striking a deal is not a criminal activity, but a commercial one. I judge by the descriptions of the charge from the open sources, and can't explain how and why commercial activity, business turnover have turned into criminal activity.

Open sources also don't explain why the actions of buying and selling undermine economic security. Nevertheless, it is stated that there was a menace to economic security of several regions.

And finally, when I time and again hear that "shareholders, managing bodies of a big company were deceived", I recall Alexander Pushkin: "Oh, it is not a trick to cheat me, for I'm glad to be deceived". There are stated procedures for making decisions on deals approval carried out by highly qualified specialists at different levels, and preliminary audit and necessary expert examinations in the company. Where can a deceit happen there? Everything must be explained, but explanations don't follow.

When all these lapses, absurdities and questions without answers are brought together, doubts arise whether this criminal prosecution is of legal nature and if its goal is administering justice.

That is what I think on the matter. Is it connected with politics? That is another question, and a secondary one, for if a person is prosecuted under an improper motive – that is the main thing, and what this improper motive happens to be – is secondary.

Application practice for economic acts under clause 210 CC can be explained only by the fact that it aggravates the gravity of the charges in quality, since these are especially serious crimes, and clause 159 sorts out simply serious ones. It influences sanctions and a number of other consequences as well.

If clause 210 is applied, limitations on charges in the sphere of business activity do not work, and detention cannot be used as a restrictive measure.

Besides, cases under clause 210 were withdrawn from the competence of the courts of law of the subjects of the Federation where they could be considered with the participation of the jury, and handed over to the district courts where no jury was present until 2018. And now it is present their, but the scale of its presence is very limited, although clause 210 is still beyond its competence. The application practice of clause 210 in economic cases has existed since then. I don't think that it is an accidental coincidence.

Innokenty Arkhipov