It has been already several years since the beginning of the story of persecutions initiated against the oppositionist businessman Konstantin Dyulgerov in Khanty-Mansi Autonomous Okrug. This subject has been extensively covered by the media. At least five years already the officials are “breaking a sweat” investigating the case of a probable financial fraud. But such a long period of investigation, as we believe, is caused not by the complexity of the case. More likely, that it is hard to prove the commission of a crime when it has never been committed.

In every of the cases we examined there has been somebody interested in oppressing the businessman. On this occasion, these were some very high-ranking people — Major general of the MIA Nikolai Gavrilovich Brykin and his “right hand”, ex-chief of Nizhnevartovsk Tax Police, Gennadiy Sergeevich Laskin. Subsequently, the businessman angered many other influential figures, including those of a federal level, who have been in friendly and, likely, corrupt business relations with former “siloviki”.

Due to the resonant and scandalous nature of the case, everyone involved are trying to prove the guilt of Konstantin in any way, as it is the matter of honor, career, cushy job or even freedom.

The most important fact is that these security service turncoats and their patrons act like they have already divided Konstantin Dylgerov's business among themselves. The only thing left to do is to put him into detention where he will sign any paper needed. After this, people typically get killed. This way the business officially goes to somebody else without any potential risks from its previous owner.


Backstory

As previously stated by several sources, businessman Dyulgerov was among those paying long-time tribute to the racketeers from the ranks of law enforcement. Aside from money extortion, Dyulgerov was forced to co-found a company together with Brykin's son-in-law Kiryanov Sergei Leonidovich. Kiryanov acquired his share of the company illegally, without investing any money. Later businessman managed to persuade former “siloviki” to put Kiryanov out of business, and acquired his part back. However, the extortion did not stop. Soon after the racketeers have lost their posts in law enforcement, Dyulgerov decided to stop paying. This decision started a manhunt against Konstantin, which resulted in several fictitious cases initiated, the victims of which are unclear. The charges however are serious — financial fraud, document forgery and witness bribery.

The trumped-up case.

To begin with, the investigation is trying to prove the commission of fraud by Dyulgerov. Their version is that Konstantin allegedly sold a share of his company to ex-general's son-in-law, Kiryanov, and later illegally returned it back with a use of forged documents behind Kiryanov's back.

We managed to talk to a lawyer of the disgraced businessman. He provided us with a number of arguments and documents proving his client's innocence. However, both investigation and persecutor's office seem to ignore these proofs, documents or legal reasoning. The list of detailed arguments testifying to illegal nature of the case will take more than a dozen of pages. A few of them will be given below.

As we mentioned before, the businessman has been forced to include Kiryanov as co-founder of the company, which has never been processed legally. Kiryanov did not buy his share, but acquired it fraudulently and for free. This alone means there are no signs of larceny committed by Dylgerov, since any lawyer knows that larceny involves property. The consequences in form of property damage must be included into objective part of corpus delicti. If there has been no damage, there has been no larceny. These are the basics of criminal law. What damage could take Kiryanov if he did not buy any property?

Moreover, Kiryanov presented two receipts to prove his non-existant purchase. Both receipts have signs of tampering and visually differ from each other in texture of paper, impression seal, font and signatures for the same cash order.



These facts prove not only that Kiryanov should not be considered the victim, and that he did not take any property damage by not buying his share, but also that his actions contain signs of fraud. The fact that he acquired part of Dyulgerov's business illegally and presented fake receipts for non-existent cash order is tantamount to his confessing of committing larceny himself.

Despite that, the police investigation has never bothered to carry out examination of said receipts since 2011. During the period of investigation the police made no legal assessment of the following fact: how is that possible that there are two different receipts for one cash order, which in addition does not exist?

And we don't even mention the questioning of the accountant and the cashier. This is quite something.

The investigation has been repeatedly extended in direct violation of current Russian laws, the Constitution of Russia, the International Convention of Human Rights and numerous Definitions of Russian Constitutional Court on this matter.

Moreover, the so-called purchase and sale agreement, according to which Kiryanov allegedly deposited money in cash using fake orders to buy a share, has been recognized as counterfeit. All three examinations carried out withing arbitration process, including ones arranged by Ministry of Justice, recognized Kiryanov's signature as faked.

But again, as in case of receipts, the investigation does not bother to conduct their own examination of the agreement. Evaluations carried out in arbitration court are simply ignored as if they do not exist.

So under these circumstances K.I. Dylgerov has been unlawfully charged in absentia, then illegally arrested and put on the international wanted list

At the same time, the investigators refer to the Investigation Department of the MIA: “They allowed us this — said we can do like this now”. Since when the Investigation Department is authorized to override the decisions of the Constitutional Court, terms of Constitution, the Code of Criminal Procedure and International Covenant on Civil and Political Rights? Clearly, the Investigation Department has no such authority, which means any directions of this kind are illegal.

In addition, the terms of investigation have been extended when it was doubly forbidden — under the old version of part 6 of Article 162 of the Code of Criminal Procedure. This is proved by the resolution of one of the Deputy Head of the Investigation Department of the MIA, which recognizes the extending of the terms as unlawful.

The new version of part 6 of Article 162 does not allow doing so either, since otherwise it would again contradict with the Definitions of the CC, the Constitution and the International Covenant. Could you reopen the criminal case hundreds of times and extend it again hundreds of times on a local level, bypassing the Investigation Department, thus clearly exceeding your power? Of course not. That is a gross violation of the law!

All the circumstances listed above are not taken into consideration. The higher authorities seem to consider the described actions existing within the law. We suppose that this isn't simply a bureaucratic negligence. Judging by the documented proof, this seems more like an intentional criminal prosecution of a knowingly innocent person.

The General Prosecutors' people are in business.

One of the initiators of the case is an investigator Ustyuzhanin Maksim Nikolaevich, former subordinate of Brykin and Laskin from the time of their service in Tax police. It is Ustyuzhanin who allowed so many violations to be made during the investigation. His personal interest in the case became so clear that the case was taken from him and entrusted to another investigator. The mechanism, however, has been already started.

Our sources claim that there are certain people from Russian General Procesutor's Office in Moscow. These are some very influential figures who are not easily ignored. Remarkable, that it is Moscow where ex-General Mr. Brykin ended his career in law enforcement, and he certainly has a lot of friends there. Maybe that is the reason why during working on the case the investigators experienced constant pressure from both their direct superiors and from top-ranking officials from Moscow. According to our sources in law enforcement agencies, they haven't seen such frank and undisguised pressure since the days of the “glorious militsiya” or even the Tax Police.

One of the most important departments in Russia, The Prosecutor General's Office is the first which gets under suspicion. We are always very careful in our evaluations of this department's activity. We know that in many cases we investigated, the Office made stiff decisions by bringing to justice “siloviki” who committed crimes. There are also examples of direct orders given by them to stop criminal persecutions in much less serious cases.

However, according to Dyulgerov's lawyer, in this case it is like an impenetrable wall. Despite all the arguments, their replies are cut and dried: “The information is checked and was not confirmed”. This means everything happening is considered lawful! And this is it — there has been no justification, no argument of the defense is disproved. We have some quite reasonable suspicions that even the Prosecutor General's Office has somebody personally interested in this case. We do even have certain names and other information on people supporting “Brykin & Co”, but so far the evidence may not be enough, so we reserve any direct accusations for later articles.



Unraveling the mystery, we might add, that the person previously suspected of hounding K.I. Dyulgerov, is the prosecutor of Khanty-Mansi Autonomous Okrug Kondratyev A.F. (right on the photo). There is a certain information that Kondratyev in an informal discussion with his colleagues claimed that he'll put Dyulgerov in jail by any means necessary. Today Kondratyev is the Prosecutor of Chelyabinsk Oblast, his earlier post in KMAO succeeded by his ex-deputy Botvinkin Evgeniy Borisovich (in center on the photo), but the hunt still continues. This means Kondratyev wasn't the main person in the picture. The direct superior to his former office is a branch of Procecutor General's Office in Ural Federal District supervised by Prosecutor General's Deputy Ponomaryov Y.A.

It is quite interesting to see a long list of responsible officers of the Prosecutor General's Office turning a blind eye on so many violations. It would be silly to consider that they do not know the laws, they do know them very well. This means they do it intentionally, though it's hardly they're all in a share. There is only one option — they have all simply saluted to do what they were told to, daring not to disobey their chief.



But let's continue our reasoning. Who oversees the prosecutors from the office of Prosecutor General? It might not necessarily be the Prosecutor General himself, it is hardly a level of Chaika Y.V. The Prosecutor General isn't somebody who would sully himself with a case like this, most likely he has never even heard of Dyulgerov.

We will name the people, but later.

Businessman or an oppositionist?

Taking the first steps of his struggle for truth, Dyulgerov tried to address people's deputies. But those preferred to keep distance, thinking that this might attract accusations of corruption and favoring the interests of business. The biggest media organizations in region who could cover this problem also decided to step away from it. Only the small independent media could publish the information on businessman's troubles.

Dyulgerov's activity in search of truth and justice has been interpreted as political activity. As soon as he started to pose a threat, he was attributed to the opposition and received a number of negative labels. They claimed that he is trying to acquire political power to solve his own business problems, despite the fact that he's never ran for an office. He's only publicly stated about the existence of a “clan”, about entrepreneurs' problems, and about origins and causes of hardships of all people in the region. For example, he frankly told about the “Nizhnevartovsk head's team” who created their own principality in a “kingdom of oil production” by demanding tributes and gathering extreme taxes from residents. This was happening on the eve of the scheduled elections. Soon a wave of fires swept through Nizhnevartovsk. By an amazing coincidence, the fires affected only the warehouses and enterprises of opposition-minded businessmen. Dyulgerov's warehouses were among those. The cause of fires has never been determined and the case was sent to an archive.

Indeed, in this case, the businessman stood up against the influential clan which occupied the region.

Words and actions.

All this is happening despite the direct instructions of Putin to decrease a pressure on business, both administrative and legal. As a reminder, according to president's words, in 2014 about 200 thousand criminal cases were initiated under economic articles, with only 15% ended with a sentence. “The vast majority of the businessmen charged with crime, lost their enterprises. Turns out, they were pressed, robbed and released”, — said Russian president. We'd like to note from our side, that he was not talking about oligarchs (whose cases are rare), but about entrepreneurs average even by regional standards. Remarkable, that many of them were forced to escape prosecutions. Unfortunately, there are no statistics for that.

We have big experience with stories like this. Yet every time we are amazed by arrogance and permissiveness involved. Neither Putin's words nor the law mean anything to those who consider themselves chosen. Their sense of being special covered by high patronage and massive connections in solving various issues allow them to turn even the most disastrous and illegal case in their favor.

Dyulgerov himself continues his struggle even while being wanted. While speaking to him it gets clear that he will fight. As he said before — he has nowhere to retreat, and he does not want to buy his way out. To surrender means to lose not only his business but also freedom and perhaps even life. He said he won't allow the clan to win again. That is why he is going to take any legal way to fight until his opponents lose all their influence, the purges in law enforcement agencies will be made, and until the acceptance of decisions of the Supreme, Constitutional and even European Courts, as much as a wide number of international human rights organizations.