pronounced on February 8 the verdict of not guilty to the owner of Oryol Field agroholding Budagov Sergei. It is possible to call the decision sensational. The businessman was accused under heavy article, to him incriminated bribery in the sum of 5 million rubles to the head of the department of state property and the land relations Sinyagov Andrey for protection in business. The prosecutor's office requested for the defendant of 8 years of imprisonment. However the court saw in actions both the official, and the staff of Federal Security Service of the Russian Federation – provocation that is forbidden by the Russian legislation. Now the official and the employees making investigation can appear under criminal case. Announcement of a sentence was watched by the correspondent of "The Oryol news".
in the Morning on February 8 the hall of court was overflowed with h4 – on benches and in passes some tens journalists from different editions crowded. TV men adjusted chambers, representatives of the press did forecasts. After the chairman of district court entered a hall Blokhina Valentina everything presiding on business and at the same time, as well as it is necessary rose. Then it provided the last word to the defendant.
Budagov Sergei, throughout all process dressed in a strict dark blue suit with a blue shirt, on a sentence was in jeans and a sweater. He took in hand the prepared leaves with the speech and left to a tribune.
- Reputable court, - addressed it to presiding, then translated a look on gathered and continued: - Did not think that journalists should be written further about stories Oryol region, but all of us are interested in it therefore Oryol region will live!
Further Budagov Sergei told p the biography, including a labor long-term way and rewarding with two awards. It also once again concerned a privatization subject "Oryol field", remembered how in the region there was a power change in 2014 as a result of which life of the businessman decisively deteriorated. The defendant told about the meetings with Vadim Potomsky, declared after taking office that it will return agroholding to "native harbor"; about the offer to redeem shares taking into account that, how many agrarian and industrial complex "Youth" which was headed also by the businessman, already enclosed in it and about the statement of the former deputy Vadim Potomsky Babkin Mikhail that "Field" at Budagov Sergei will simply take away.
"When I came to a meeting, [the chief of Control Audit Chamber] Styopina and Babkin Mikhail who now somewhere is in hiding there sat. I reported how affairs in "The Oryol field" now are. Babkin Mikhail told that they at me and so will select stocks. The governor told that will solve all court", - Budagov spoke in the last word Budagov Sergei lost court, and Budagov Sergei re-registered agroholding to Tula region, far away, as it was expressed, from "the evil which came to Oryol region".
"I arrived from Long – the pupil of a socialism, the respect atmosphere. And here in half a year the angry person Sinyagov Andrey came who was engaged only in me, my family and actions "Oryol field", - passed to circumstances of criminal case Budagov Sergei. He again told how got acquainted with the official as responded to a request of the speaker of the Oryol regional council and withdrew the court order about collecting from area of 6 million rubles for storage of grain and about the subsequent meetings with Sinyagov Andrey. Budagov Sergei again emphasized that the conversation on 5 million rubles was led by the official in a department corridor where cameras everywhere are installed, but records with which are not present in case papers. The defendant once again declared that criminal case concerning it is a part of the scheme of raider capture "Oryol field".
"I very much worry for Oryol region if it is honest, though registered "Field" to Tula region. But in a different way it was impossible. I am spoken now by my young heads: let's everything preserve, we will be engaged only in the earth, to lease and so on. I speak – no. I am the person of other education. I am afraid of nobody and I will sustain everything", - Budagov Sergei told.
Then it turned to the state prosecutor to Kryuchkina Irina and added:
- Even if on mines will banish …
in conclusion of the speech which has stretched almost on an hour and a half, Budagov Sergei again addressed to court:
- I am engaged in bread, I cannot be the criminal. I ask me to justify completely.
After that Blokhina Valentina went to the consultative room. It started disclosing a sentence three hours later. Already in a few minutes after the beginning of announcement present it became clear to all that it will be justificatory.
As noted presiding, the main evidence, produced to court the charge party, materials of operational search actions, and also indications Sinyagov Andrey Sinyagov Andrey, participating in them and interrogated as the witness are.
"Results of operational search action can be by p the basis for a sentence if they are received according to requirements of the law and testify to existence at guilty intention on the bribery, created irrespective of activity of staff of operational divisions, and also to carrying out-faced all preparatory actions necessary for commission of illegal act. As a result of research in judicial examination of the evidence produced by the charge and protection parties, the court came to a conclusion that the intention Budagov Sergei on bribery to the official resulted from creation of artificial administrative barriers, promotion of the requirements which have not been provided by the law, and also as a result of provocative actions from the person participating in operational search action "Expeditious experiment", that is creation as a whole such conditions, at it which it is compelled to transfer money to the official for protection of the legitimate interests and implementation of legitimate rights", - marked out Blokhina Valentina.
In a sentence she, in particular, focused attention that the official, instead of Budagov Sergei was the initiator of the main meetings as approved charge. Thus at meetings Sinyagov Andrey, operating within cooperation with Federal Security Service of the Russian Federation , resorted to provocative actions, including – to purpose of meetings in a non-working situation (in cafe), to the statement of straight lines and innuendoes to Budagov Sergei that it is possible to solve the developed problem with trade pavilions only by their demolition, to the psychological pressure, scoring of the sum of a bribe, discussion of this sum and its harmony to a solution, the statement to Budagov Sergei arguments about illegality of placement of trade pavilions initially, unambiguous expression of readiness to discuss bribery conditions.
Also the court paid attention to the linguistic examination of EKTs UMVD made on shorthand reports of conversations Budagov Sergei and Sinyagov Andrey in cafes. Conclusions of the expert the court called "speculative". Here we will remind that earlier in court the doctor of jurisprudence, professor of chair of judicial examinations of MGYuA Golyashina Helena, declared acted that the Oryol experts at all have no right to carry out expertizes as anybody from them has no additional professional education that demanded by the law.
"Assumptions of the content of conversation", - so already the judge in a sentence characterized the Oryol examination.
In a sentence the court also paid attention that "public danger is constituted" not by actions accused, and "the employees who have arranged provocation". In a sentence the court noted that operational search actions of Federal Security Service of the Russian Federation were initiated only according to the application of the governor written according to Sinyagov Andrey and than any more to not supported. Thus, as established court, and words of the official were confirmed by nothing. To court charge did not produce any other evidence.
"Quick actions "Expeditious experiment" cannot be recognized by the admissible proof, other proofs, testifying that from law enforcement agency there were no provocative actions and that the intention of the defendant on bribery was created without intervention Sinyagov Andrey, participating in ORM, to court is not presented. On sense of Federal law of the Russian Federation of 18 December 2001 No. 174-FZ "On the Criminal-Procedural Code of the Russian Federation" the conviction can be decided only in case court conclusions about guilt of the defendant completely are confirmed by set of the proofs investigated in a court session. Assumptions of guilt of the person in commission of crime in the absence of authentic proofs cannot form the basis for conviction removal. The court is not body of criminal prosecution, is not on the side of charge or on the protection party. The court creates necessary conditions for execution by the parties of their procedural duties and implementation provided to them is right. During judicial proceedings by court all necessary conditions to the parties were created. All proofs were investigated. As by body of a consequence it is not collected the proofs confirming fault Budagov Sergei, and conclusions about his guilt were not confirmed – the verdict of not guilty" has to be decided, - the presiding noted.
as a result, Budagov Sergei was found not guilty, the right for rehabilitation is provided to it. Besides, 25 million rubles which Budagov Sergei brought as pledge when electing to it measures of restraint for a consequence and vessels will be returned to the businessman. Also to the businessman will return 5 million rubles which charge called "bribe" …
After announcement of a sentence Budagov Sergei journalists surrounded.
- whether to Oryol region? – questions sounded.
- If will not be approach which is now, - Budagov Sergei answered. whether
U it also asked it will return on a post of the general director of "The Oryol field" (in August Budagov Sergei resigned from himself this authority): "I will think", - the businessman told. Also he will think over, whether his lawyers will initiate initiation of legal proceedings on Sinyagov Andrey and the security officers who have organized provocation. In summary Budagov Sergei added: "The good overcomes the evil".
In prosecutor's office noted that the decision on the appeal of a sentence will be made after its studying.
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