The people who are interested in putting me in jail, those who initiated an illegal criminal persectuion, are now aspiring for the main government bodies of the country, backed by their powerful silovik comrades. Nikolai Brykin has been elected to the State Duma of Russia. He now has a parliamentary immunity and virtually unlimited powers, both official and covert. There could be no hope for a fair trial now. And nobody has ever sent a case to the court. For five years already the case investigation is being dragged on for the only purpose – to eliminate me, to send in prison, or even to kill me, if needed. And this is all happening with the approval of the General Prosecutor’s Office administration, the fact that I support the opposition and reveal the plans of corruptionist clans only aggravates things. There are certain media outlets who speak frankly about the problem. For example, below is an article “Mandate for lawlessness: General-Deputy Nikolai Brykin goes nuts” published in October 2016.

“Mandate for lawlessness: General-Deputy Nikolai Brykin goes nuts”.

The last months are described by the fact, that of shocking levels of corruption in law enforcement system of Russia revealed for the public. However this is only a tip of the iceberg, the reality is much more disturbing. Corruption, as a cancerous tumor, affects the significant part of law enforcement bodies up to the General Prosecutor’s office and Investigative Department of the Ministry of Internal Affairs Russia. Where laws stop working, the state ceases to exist.

Because of these uniformed turncoats, whose place is in prison, people in Russia not only start doubting the law enforcement system, but also they lose faith in the effectiveness of Russian government up to the president. Illegal activities of these security officials corrode the foundations of state from within, and generate a strong protest electorate in geometric progression. This is worse than “Bolotnaya”, since this potential electorate is hidden and it gets more numerous, so no public research can reveal it on its first stages. Everything will get clear when the fourth stage of social illness comes, casuing metastases.

These people, wearing police and prosecutor uniforms, consider themselves to be almost demigods, eternal prosecutors, and bosses, the existing above what they consider a formless gray mass of people, which you and I come from.

Here, we will talk about one criminal case, surrounded by a number of high-rankers from Investigative Department of the MIA and General Prosecutor’s office. This case isn’t unique, however, there are many others like it, in almost every region.

So, first things first:

There is a certain Nikolai Brykin, an ex-general of the MIA, who went into politics. This year he successfully passed the primaries of “United Russia” in Tyumen, and in the September elections, he was elected to the federal list of the deputies of the State Duma of 7th convocation.

The media has already written more than a dozen articles about this newly-appointed deputy. He is directly accused of possible protection racket, corruption, pressuring and abusing his connections with law enforcement bodies.

The story of protection racket.

The saying “as long as there is a person, the article will be found" may sound overused for some people, but in this case it is the best way to characterize Nikolai Brykin's situation and his approach to solving problems, and apparently this is something he absorbed since the “wild 90s”. The history of the “protection” of businessmen in Tyumen Oblast and KhMAO has been a subject of legends. One of the most high-profile scandals has been going on until now.

According to the available information and pieces of evidence, in 2004 businessman Konstantin Dyulgerov has been summoned for a conversation with a head of Nizhnevartovsk Tax police Gennadiy Laskin. There, in our opinion, he was directly told that he must pay for “protection”, with part of the money going higher, to KhMAO Tax police chief General Nikolai Brykin. Up until 2007 the businessman has paid the said tribute.

It appears that "Kolya" was a very influential and vindictive person. There were rumors that he regularly sent to Moscow part of the tribute, collected from businesses under his control. Thus he allegedly not only paid for his immunity but also bought himself guarantees for subsequent promotion.

In 2007, the colonel of Nizhnevartovsk Tax police Laskin has strongly recommended Dyulgerov to “legitimize” their relations and introduce a certain Sergei Kiryanov into the co-founders of his trading company OOO “Samotlor”. Kiryanov himself was none other than Brykin’s son-in-law.

When the Tax police was disbanded, Dyulgerov thought that powers of the “siloviki” diminished, so he offered his “patrons” to withdraw Kiryanov from the founders list of OOO “Samotlor” since he never bought or paid for any stake in the company's equity, did not partake in company’s activities, and did not sign the contract of sale. The procedure of purchasing Kiryanov’s share has never been properly formalized, which means the returning of his “share” could not be formalized either.

After a while Dyulgerov decided to go against “Brykin and Co.” and stopped paying tribute.

When the victim is accused without guilt.

Immediately after that, he became a target for a “hunt” and got under hard pressure. On May 27, 2011, a criminal case of fraud has been started, with the fact of fraud allegedly took place back in 2008. The case was initiated and taken for production by the head of the investigative body – deputy head of Nizhnevartovsk Investigative Department of the MIA of Russia, Maxim Ustyuzhanin, who is a former subordinate of Laskin and Brykin during their service in the Tax police.

They put everything in a way that it is Dulgeryov who allegedly tried to steal a share from another founder, which turned out to be Kiryanov (reminder: who is Nikolai Brykin's son-in-law). It is noteworthy, that the documents Kiryanov presented to confirm the validity of his ownership of the share, are likely forged (which is proved by an examination). In addition, as the "proof" of paying for his share of the company, Kiryanov presented two completely different receipts printed on different paper, but with the same date, the same amount of money to the same non-existing cash order, and with the company’s seal also made using a printer! Not to mention the fact that the print of the seal and the signature differ from the real ones. Moreover, in the above-mentioned receipts, which Kiryanov presented as payment for a share in the authorized capital of OOO “Samotlor”, it was stated that Kiryanov paid for something quite different – shares in ZAO “Special Electronics”, which no one had ever sold to him! This is a complete absurd embodied in reality by the actions of Kiryanov. Nevertheless, the investigation found the pieces of evidence quite sufficient, and they were carefully inscribed in the evidence base.

Until 2014 the case was considered unobvious, initiated formally. However, since the spring of 2014, the situation became more tense.  Laskin began to call Dulgherov and strongly suggest "to resolve" the existing problem, as only then he will allegedly help to stop the criminal case.

The detective story in Korston Hotel Moscow.

Such a generous offer came with a price tag of 60 million rubles, which the entrepreneur had to pay as a “compensation”.

Noteworthy, that it happened after the so-called victim, Kiryanov, already got back his controversial share in the authorized capital of the company. This means not only he didn’t take any property damage since he never actually paid for a share, but also that he still eventually got the share transferred to him. If there has been no damage, there has been no larceny. These are the basics of criminal law. What damage could Kiryanov take if he did not pay for any property, and probably falsified such payment? Not only he took no property damage at all, it was he also appropriated the share of the property. However, the law in this case was blind from the very beginning, just as it remained blind in this episode.

The businessman pretended that he agreed to pay the sum of 60 million rubles. They agreed that Laskin "will bring" to Moscow the investigator Ustyuzhanin, Kiryanov and a certain Abyshev whose role is necessary for the termination of the criminal case. According to Laskin's instructions, all the necessary investigative actions had to be carried out in the business center of the Korston hotel, which Laskin rented for this occasion.

Dyulgerov was promised that Laskin and Ustyuzhanin will make sure that everyone would give the necessary testimonies and face-to-face bets so that the investigator would re-qualify the criminal case to "arbitrariness" and due to the expiration of the statute of limitations, terminate it.

The preparation of the necessary papers began on August 6, 2014, at the Korston hotel, as agreed earlier. Investigator Ustyuzhanin occupied the negotiation room of the business center, rented by Laskin, and prepared the face-to-face bets and testimonies of all the participants. Due to the circumstances, approvals, nuances and double-checking, the registration was delayed and continued the next day.

The final and the most interesting part of the "action" occurred after all the paperwork has been done, outside the walls of the hotel, in a cafe near the Moscow Ring Road, where Dulgherov was to transfer the agreed sum of money.

Right at the moment when Laskin got up from the table on the veranda which they were sitting at, Dulgerev managed to grab a folder with documents (copies of protocols, receipt, etc.) and threw it into the window of the car that had been driven by his wife.

Scandalous documents that proved him innocent were in his hands, and seemed to be his "trump card." He told his “patrons” that he will only pay them after they stop the investigation. To which Laskin replied: “Now you are done for”. He left and 15 minutes later he called the mobile phone, adding: "Tomorrow you will be charged, you will be put on the wanted list and now you will have a totally different story, you’re f****d up."

Subsequent events became another possible confirmation for the reality of threats, and the fact that both Laskin, investigator Ustyuzhanin, as well as other active employees of the police investigation and the prosecutor's office, are all working together.

Despite the fact that the businessman had every document confirming his innocence, the next day, August 8, 2014, Dyulgerov, who was in Moscow, was indicted in absentia in the city of Nizhnevartovsk, without his knowledge and under part 4 of Article 159 of the Criminal Code, for the events that happened seven years ago. Dyulgerov was declared a federal wanted, although only a day before, he was still in the company of the same investigator Ustyuzhanin, and gave his testimony as a witness. Later he was put on an international wanted list, and the measure of his restraint was chosen - detention.

Presumption of guilt, blind defense and a selective approach.

It seems that the presumption of guilt, based on Nikolai Brykin's personal connections with high-ranking “siloviki”, has finally triumphed in the minds of individual law enforcers. We have numerous documents, materials, and pieces of evidence at our disposal, which speak of violations likely committed deliberately by the siloviki, to achieve goals not related to the idea of law enforcement, but rather directly opposite to it. And all these parts merge into one complete system and structure, in which the siloviki are deaf, blind, and naive in favor of some party, as long as they are on this party’s side.

For example, investigator Ustyuzhanin initiates the case, despite the unacceptable pieces of evidence, sincerely believing that they are real, after which he suddenly becomes "blind and deaf" and does not accept statements about the inadmissibility of evidence. The fact that he is a longtime acquaintance of Brykin and Laskin might tell us something about his interest in a certain succession of events, as well as about the practice of secretly brought charges, as we discussed above. And although he was not the only investigator in this case (there were also Ivanchenko V.P., Tkachuk O.A., and now it's Sumenkin E.I.), they have all followed a certain line and allowed a lot of violations during the investigation, which may possibly mean they are simply ignoring the law and abusing their authority and power.

For example, when appointing examinations, the investigator completely deprives Dyulgerov and his defense of all procedural and constitutional rights. The defense is not notified of the date and place of familiarization with the decisions, which means it is deprived of the right to submit its questions to experts, to ask for another examination carried out by another institution, etc. Throughout the investigation, some of the most crucial in the criminal process constitutional rights were violated – right for protection, adversarial parties, protection of rights and freedoms of participants in criminal proceedings, etc. These rights were violated systematically and are violated up to this day.

Apparently, some bosses suffer from similar "disorders”. Among these, there are not only the regional chiefs, such as the head of the Investigative Department of the MIA Administration in KhMAO-Ugra, but also some federal-level influential figures from the central Investigative Department of the Ministry of Internal Affairs of the Russian Federation. There is a suspicion that they "cover" the investigator’s actions or, perhaps, give him their instructions on this case. This applies not only to the illegal charge but also to the term of the investigation, which, contrary to all logic and law, is being extended since 2011!

Speaking at meetings with their reports, high officials show both eloquence and deep knowledge of the law, but apparently, they have forgotten how to respond to requests and complaints in a motivated and full-fledged manner. In a total violation of procedural norms and the Constitution of the Russian Federation, when receiving a motivated "hundred-page" complaint or appeal, they reply to it with only 3-5 sentences, without any argument, with the whole point is reduced to "everything is legal"!

The curious "flexibility" was demonstrated by Major General of Justice Nikolai Patapenya, the is deputy chief of the Investigative Department of the MIA, who recognized the extension of the time limit as legal. It is known, however, that earlier in similar cases and circumstances during the same time period, he recognized such actions as illegal and revoked the decisions extending the term of the investigation. There are also court decisions which also recognize the illegality of extension of the term in similar circumstances.

It came to a point where the facts that do not correspond to reality are included into the official documents, which is, according to the Criminal Code, an official forgery. For example, the head of Control and Methodical Directorate of Investigation Department Birykov A.A., in his official response to the complaint of defense, said that both Dyulgerov and his lawyers were promptly notified of the opportunity to get acquainted with the decisions on the appointment of examinations But there have been no such notifications! Or, again, the same Biryukov in his official letter claims that they have sent a motivated answer for every appeal that the defense has filed. But there were no such answers except for short formal replies, which direct violates the legal requirements.

And Biryukov himself ignored the requirements of the law with his answer (which comes not in the form of a resolution). Biryukov’s reply to one of the most detailed complaints of defense consists of about 8 sentences, in which he points out that there are no violations, and, among other things, he sets forth facts that are not true.

Dimidov A.M., the head of the Directorate of the Investigation Department of the MIA, has surpassed all. He even banned Dyulgerov and the defense from complaining, pointing out that they do not need to write, as their complaints will not be considered.

And what about the employees of the prosecutor's office, whose main duty is to monitor the enforcing of the law? Where are the prosecutor of the KhMAO Yevgeny Botvinkin and his deputies looking? Just as the Investigation Department of the MIA, they seem to ignore the need to take measures to stop violations of the law, thus giving the police investigators the ability to go as far as they want in their activities. At the same time, they violate the law themselves – their formal replies, which can easily be translated as "everything is legal" offer no explanation or reasons while refuting the defense's arguments. Among others, the assistants to the Prosecutor General Ivanov S.G. and Bobinova I.L., are “noted” for such answering style.

The representatives of the prosecutor's office, as well investigator Sumenkin’s chiefs, completely deprived the accused of all his legal rights. Therefore, their actions too seem to show multiple signs of abuse of official power on several grounds.

Outlaws and dependants.

All this "public" conducts its unlawful activities on behalf of the state, using the authority given by the state, which increases the public danger of their actions. We have at our disposal the complaint addressed to the Russian president, which lists individuals who, according to Dyulgerov, are engaged in arbitrariness, without any motivation ignore the lawlessness done by the investigator, or claim it legitimate. An impressive list. It is hard to believe that such a number of high-ranking siloviki appeared on the list, by allowing so many misses, miscalculations, and violations to be made. Has the octopus wrapped around each and every one?

Perhaps things can be explained in a more simple way. They all have something in common, specifically, their supervising boss, one of the deputies of the Prosecutor General of Russia, and Nikolay Brykin’s long-time friend since the times of his work in regional Tax police. It is Yuri Ponomaryov, whose job as a Prosecutor General’s deputy is to oversee the compliance with the law in Urals Federal District, includin KhMAO. The connection between Brykin and Ponomaryov explains a lot concerning the “special treatment” of this case.

On the picture: The Deputy of Prosecutor General Yuri Ponomarev.

Just wondering, why do we even need the Criminal Code, procedural norms, and laws in general? Maybe we should even throw them in the trash? What is the point in having them, if the officials from the police investigation and the prosecutor's office have their own version of the law, which directly contradicts to the norms of the Criminal Code, the Code of Criminal Procedure, and the Constitution? They surely don’t need these. Their main purpose is, quoting A.P. Chekhov, to "hold and not let go”.

At the same time, today Nikolay Brykin, being a member of the State Duma of the Russian Federation, enjoys his parliamentary immunity. He is entrusted with the post of member of the State Duma Committee for State Construction and Legislation, in the lower house of parliament. Next day, he will continue his "modest deeds", help his former colleagues in their “hard work” while also having a significant impact on the appointments of the siloviki. He will also think out the laws, according to which you and I will have to live on.

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