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The business we lost

Dear Alexander Nikolaevich!

On December 17, the Russian Union of Industrialists and Entrepreneurs meets with the President of Russia. On the eve of the meeting – only one figure – 304 people. This is the number of Russians last year who were convicted under Article 210 of the Criminal Code of the Russian Federation (organizing a criminal community or participating in it). These are data from the judicial department at the Supreme Court of the Russian Federation. The 210th is charged with thieves in law, drug dealers, cashiers, smugglers, more recently governors, mayors, ministers and – businessmen. The latter 210 are “tied” to accusations of an economic nature.

So that they surely were in jail before the verdict. And so surely then they left for the colonies. And they sit. And then they leave.

I won't be long. You already know everything about this.

210th is a difficult article. More precisely, from the category of grave and especially grave. Up to 20 years – to those who are recognized as organizers and leaders of the organized criminal community. Some entrepreneurs are recognized. By the way, among them there are yesterday's members of the RUIE. They are all in Lefortovo. In general, this detention center has long been a “business center”: there is the former Minister of the Open Government Mikhail Abyzov, and businessman Dmitry Mikhalchenko, and entrepreneurs, the Magomedov brothers and a dozen other unknown entrepreneurs. And everyone has the aggravating 210th.

The multiple growth of imputation to the 210th business is evidence that

the law enforcement system saw through the bonuses provided by this article:

    < li> first, 100% guaranteed arrest of a person
  • secondly, the increased terms in the verdict and, thirdly, the opportunity to bargain with the person under investigation.

All this is disguised as the interests of society and the protection of the state system.

Dmitry Muratov in his office at the editorial office. Photo: Alexander Zemlyanichenko/AP/TASS

At the same time, no distinction is made: where were entrepreneurship and the economy, and where was terrorism, banditry and murder? The investigation in cases involving the 210th in business has relieved itself of the obligation to prove the very fact of the crime and the very corpus delicti on the 210th (in economics, by the way, too). It is enough simply to say: “created a criminal community” and to bring the entire business, all employees of the enterprise, firm, holding company under the OPS.

Alexander Nikolaevich, three years ago you yourself raised the question of the destructive nature of the application of Article 210 of the Criminal Code to business. Speech, in particular, you started talking about the Magomedov brothers. And the president, with whom your union is meeting on December 17 of this year, also raised this issue earlier – regarding the entire business as a whole. Moreover, as you know, on April 1, 2020, the President signed Federal Law No. 73-FZ, which amended Article 210 of the Criminal Code of the Russian Federation. It was supplemented with a clause stating that “founders, participants, managers, members of management bodies and employees of an organization registered as a legal entity, and (or) managers, employees of its structural unit are not subject to criminal liability under this article only by virtue of organizational and staff the structure of the organization and (or) its structural unit and the commission of any crime in connection with the exercise of their powers to manage the organization or in connection with the implementation of entrepreneurial or other economic activities by the organization, except for the case when this organization and (or) its structural unit were knowingly created to commit one or more grave or especially grave crimes. ”

I do not know all the businessmen personally who are sitting on the 210th. But I know Ziyavudin Magomedov, whom you know. Together with his brother Magomed Magomedov and business partners, they have been in Lefortovo for over three years. Before the verdict (!) Ziyavudin is yesterday's member of the RUIE. And the entire business of the Magomedovs was brought under Article 210. A business that, 5 years ago, successfully implemented a number of socially and socially significant projects: from the construction of the second stages of the Baltic pipeline system and the Eastern Siberia-Pacific Ocean oil pipeline to the laying of highways (M21 Volgograd, M29 “Dagestan”, “Novorossiysk”, M56 “Dzhalinda”, M7 “Kazan”) and much more. This business, the fruits of which today are used by thousands of citizens of our country, was definitely not created “to commit grave or especially grave crimes.” By the way, prosecutors in court do not talk about these grave crimes. Maybe because they are not there? How is there no corpus delicti and the event of a crime on the 210th?

Ziyavudin Magomedov in the “aquarium” of the court. Photo: Andrey Lyubimov/RBC/TASS

(In order to avoid suspicion of a conflict of interest, Z. Magomedov and I do not have any business or financial relations. We are fond of good books. With M. Magomedov not familiar at all. But the trial (until it was closed) made a depressing impression. When the very fact of life on earth was interpreted as a crime.)

actions are related to their performance of the functions of leaders and founders of a number of organizations engaged in entrepreneurial activities, the relationship and interaction between which were due to the organizational structure and corporate structure of these organizations …

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