The verdict in the Yves Rocher case. Alexey Navalny

As you know perfectly well without me, Alexei Navalny is accused of stealing money from Yves Rocher. At the same time, Navalny himself completely denies his guilt, and his opponents, on the contrary, consider Navalny to be absolutely guilty.

Both sides lay out long sheets of rather muddy constructions in defense of their position, accompanying them with scans of dozens of meaningless documents. As a result, everyone has the opportunity to “vote with their hearts” and choose the side that they like more.

Let's try today to set aside the emotions associated with Navalny's personality and understand the matter impartially. To start the discussion, I prepared an article on Rukspert, in which, as neutral as possible, I presented most of the available facts.

Looking ahead, I note that the conclusions are not in favor of the Navalny brothers. Therefore, I urge you to act as a "devil's advocate" and try to interpret the available documents in such a way that, if not to prove Navalny's innocence, then at least to sow doubts about his guilt.

So far - before I start reading your arguments - it seems to me that the fact of money laundering through the tenfold inflated price of renting premises in Kobyakovo is ironically proven, and it seems to me that the fact that Navalny's office has overstated the price is quite well-reasoned.

So, here's what we currently have:

In October 2013, the Navalny brothers were charged: according to the investigation, they stole 26 million rubles from Yves Rocher. Of these 26 million rubles, the Navalny brothers legalized 21 million, and apparently spent the remaining 5 million.

Oppositionist Alexei Navalny claims that he is completely innocent and that the matter is purely political. The numerous flock of Navalny and his foreign patrons organized a moderate persecution of Yves Rocher and pressure the law enforcement agencies through the media to close the case or acquit Navalny.

The essence of the fraud

In 2008, Alexei Navalny's brother, Oleg Navalny, convinced Yves Rocher to conclude a contract for cargo transportation with Glavpodiska, a company specially created for this business. For four years, from 2008 to 2011, Yves Rocher transferred money to Glavpodiska, and Glavpodpiska, leaving half of the money for itself, transferred the remaining half to another company, AvtoSAGA, which already transported goods.

Thus, if Yves Rocher worked directly with AvtoSAGA, it would have spent not 55 million rubles, but 29 million rubles.

During the work, 21 million rubles were deposited on the accounts of Glavpodiska, which was transferred to the firm of Alexei Navalny's parents, the Kobyakovskaya Wicker Weaving Factory, allegedly for renting premises in Kobyakovo.

Why "Yves Rocher" concluded an unprofitable contract for itself

The competition in the field of cargo transportation is very high, while the Yaroslavl-Moscow route is one of the most popular. Thus, the version that the responsible employee of Yves Rocher did not know the real prices and agreed to pay Oleg Navalny twice as much because of his inattention seems unlikely.

Another organization, the Multidisciplinary Processing Company, said that Oleg Navalny forced her to conclude an unprofitable contract by taking advantage of his official position at the Russian Post. (link) Presumably, Oleg Navalny laid out similar arguments in front of Yves Rocher - he offered to come to an agreement with him on good terms so that Yves Rocher would not get problems when working with Russian Post.

Here is Stanislav Apetyan's version: (link)

In 2008, Oleg Navalny visited the Bertelsman distribution center in the city of Yaroslavl, which serves as the main warehouse of Yves Rocher LLC. When he learned that the local Yaroslavl post office was unable to cope with the flow of orders from the cosmetic company, he suggested that Yves Rocher representatives deliver some of the parcels by truck to the Main Main Mail Transport Center (GCMP) located in Moscow. At the same time, the main condition for the company to use the services of the GTSMPP was the requirement to choose as a logistics company that carries out cargo transportation, the very Main Subscription Agency LLC, owned by the Navalny brothers. The agreement between Yves Rocher and Glavpodiska was signed on 05.08.2008.

Alexey Navalny, in turn, declares that the price was absolutely market-based and there was no coercion. Navalny points out that the AutoSAGA company transported sausages to Yaroslavl. Since the cars were going back to Moscow empty, the company agreed to transport the bulk of the Navalny brothers at half the market price. (link)

A contract with a basket weaving factory

An agreement was signed with the Kobyakovsky willow-weaving factory for the lease of an area of \u200b\u200b80 square meters at a rate of 300 thousand rubles per month. This contract is obviously fictitious for two reasons.

Firstly, a company like Glavpodiska simply doesn't need 80 square meters. A significant proportion of such firms work without an office at all, those that still need an office can comfortably accommodate 15-20 square meters. For representative purposes, it was also impossible to use the office in the factory in the village.

Secondly, the price of 3'700 rubles per square meter is overstated by an order of magnitude. For this money, one could easily rent an office in class A business centers in the center of Moscow. (link) In the village of Kobyakovo, Odintsovo District, Moscow Region, a price of 300-400 rubles per square meter would be more appropriate.

Alexey Navalny himself avoids the issue of overpriced rent.

The connection between the Navalny brothers and Glavpodiska

The founder of Glavpodpiska LLC is the Cypriot offshore company Altorag Management Limited, created in December 2007, this offshore company owns 99% of the company. The second founder of the company (with a share of 1%) is a former employee of Navalny Zaprudsky Leonid Semenovich.

The offshore company is managed by Alexey Navalny.

It is curious that the offshore firm Altorag Management Limited is linked to the firm of Vladlen Stepanov, one of the defendants in the Magnitsky case. Both Stepanov, whom Navalny denounced, and Navalny himself used the services of the same nominal owners. (link)

Navalny himself does not deny that he was the founder of this offshore, but denies that he is related to OOO Glavpodpiska. (link)

Communication between the Navalny brothers and AvtoSAGA LLC

AvtoSAGA LLC was created just six months before the start of work with Glavpodpiska LLC - but this in itself is not any weighty proof of the Navalny brothers' connection with this company.

Prices of AvtoSAGA LLC

There is an invoice from AvtoSAGA LLC, which indicates the prices - 14 thousand rubles for one flight on the Yaroslavl-Moscow route. There is also a list of cars that worked on the route - these are ordinary trucks. (link)

At the moment, there are several offers on the market from different companies for the transportation of goods from Yaroslavl to Moscow at a price of 15-16 thousand rubles per flight. (link) Thus, taking into account the long-term contract and inflation, the cost of transportation of 14 thousand rubles per flight looks quite marketable.

Hounding "Yves Rocher"

After the article appeared in Novaya Gazeta, the persecution of Yves Rocher began on the Internet. (link) Such persecution, coupled with the pressure on Yves Rocher from the Americans, may well make the company forget about the lost several hundred thousand dollars and try to slow things down.

At the same time, it is quite clear that at least the money laundering charge should be investigated, regardless of whether Yves Rocher is forced to withdraw the application or not.

Multidisciplinary Processing Company

In April 2014, another criminal case was initiated against the Navalny brothers. According to the investigation, in 2008 Oleg Navalny persuaded representatives of MPK LLC to stop directly ordering the printing of invoices and delivery of equipment to post offices. Oleg Navalny explained to representatives of MPK LLC that if they want to work with the Russian Post, they need to transfer money through its "pad" - through Glavpodpiska LLC.

The amount of damage is estimated at about 4 million rubles. (link) (link)

Legal side of the issue

The Investigative Committee finally brought charges against the Navalny brothers in October 2013. They are charged with the following:

* Committing the theft of funds of Yves Rocher Vostok LLC by deception in the amount of over 26 million rubles. Part 4 of Article 159 of the Criminal Code of the Russian Federation, fraud committed by an organized group or on an especially large scale. Deprivation of liberty for up to 10 years.
* Legalization of funds in the amount of more than 21 million rubles. Clause "a", part 2 of article 174.1 of the Criminal Code of the Russian Federation, legalization (laundering) of funds or other property acquired by a person as a result of a crime committed by him.

As you know very well without me, Alexei Navalny is accused of stealing money from Yves Rocher. At the same time, Navalny himself completely denies his guilt, and his opponents, on the contrary, consider Navalny to be absolutely guilty.

Both sides lay out long sheets of rather muddy constructions in defense of their position, accompanying them with scans of dozens of meaningless documents. As a result, everyone has the opportunity to “vote with their hearts” and choose the side that they like more.

Let's try today to set aside the emotions associated with Navalny's personality and understand the matter impartially. To start the discussion, I prepared an article on Rukspert, in which, as neutral as possible, I presented most of the available facts.

Looking ahead, I note that the conclusions are not in favor of the Navalny brothers. Therefore, I urge you to act as a "devil's advocate" and try to interpret the available documents in such a way that, if not to prove Navalny's innocence, then at least to sow doubts about his guilt.

So far - before I start reading your arguments - it seems to me that the fact of money laundering through the tenfold inflated price of renting premises in Kobyakovo is ironically proven, and it seems to me that the fact that Navalny's office has overstated the price is quite well-reasoned.

So, here's what we currently have:

In October 2013, the Navalny brothers were charged: according to the investigation, they stole 26 million rubles from Yves Rocher. Of these 26 million rubles, the Navalny brothers legalized 21 million, and the remaining 5 million, apparently, spent.

Opposition leader Alexei Navalny claims that he is completely innocent and that the matter is purely political. The numerous flock of Navalny and his foreign patrons organized a moderate persecution of Yves Rocher and pressure the law enforcement agencies through the media to close the case or acquit Navalny.

The essence of the fraud

In 2008, Alexei Navalny's brother, Oleg Navalny, convinced Yves Rocher to conclude a contract for cargo transportation with Glavpodiska, a company specially created for this business. For four years, from 2008 to 2011, Yves Rocher transferred money to Glavpodpiska, and Glavpodpiska, leaving half of the money for itself, transferred the remaining half to another company, AvtoSAGA, which was already transporting goods.

Thus, if Yves Rocher had worked directly with AvtoSAGA, it would have spent not 55 million rubles, but 29 million rubles.

During its work, 21 million rubles were deposited on the accounts of Glavpodpiska, which was transferred to the company of Alexei Navalny's parents, the Kobyakovskaya Wicker Weaving Factory, allegedly for renting premises in Kobyakovo.

Why "Yves Rocher" concluded an unprofitable contract for itself

The competition in the field of cargo transportation is very high, while the Yaroslavl-Moscow route is one of the most popular. Thus, the version that the responsible employee of Yves Rocher did not know the real prices and agreed to pay Oleg Navalny twice as much because of his inattention seems unlikely.

Another organization, the Multidisciplinary Processing Company, said that Oleg Navalny forced her to conclude an unprofitable contract by using his official position at the Russian Post. (link) Presumably, Oleg Navalny laid out similar arguments in front of Yves Rocher - he offered to come to an agreement with him on good terms so that Yves Rocher would not get problems when working with Russian Post.

Here is Stanislav Apetyan's version: (link)

In 2008, Oleg Navalny visited the Bertelsman distribution center in the city of Yaroslavl, which serves as the main warehouse of Yves Rocher LLC. When he learned that the local Yaroslavl post office was unable to cope with the flow of orders from the cosmetic company, he suggested that Yves Rocher representatives deliver some of the parcels by truck to the Main Main Mail Transport Center (GCMP) located in Moscow. At the same time, the main condition for the company to use the services of the GTSMPP was the requirement to select as a logistics company that carries out cargo transportation, the very Main Subscription Agency LLC, owned by the Navalny brothers. The agreement between Yves Rocher and Glavpodiska was signed on 05.08.2008.

Alexey Navalny, in turn, states that the price was absolutely market-based and there was no coercion. Navalny points out that the AutoSAGA company transported sausages to Yaroslavl. Since the cars were going back to Moscow empty, the company agreed to transport the cargo of the Navalny brothers at half the market price. (link)

A contract with a basket weaving factory

An agreement was signed with the Kobyakovsky willow-weaving factory for the lease of an 80 square meter premises at a rate of 300 thousand rubles per month. This contract is obviously fictitious for two reasons.

Firstly, a company like Glavpodiska simply doesn't need 80 square meters. A significant proportion of such firms work without an office at all, those that still need an office can comfortably accommodate 15-20 square meters. For representative purposes, it was also impossible to use the office in the factory in the village.

Secondly, the price of 3'700 rubles per square meter is overstated by an order of magnitude. For this money, one could easily rent an office in class “A” business centers in the center of Moscow. (link) In the village of Kobyakovo, Odintsovo District, Moscow Region, a price of 300-400 rubles per square meter would be more appropriate.

Alexey Navalny himself avoids the issue of overpriced rent.

The connection between the Navalny brothers and Glavpodiska

The founder of Glavpodpiska LLC is the Cypriot offshore company Altorag Management Limited, created in December 2007, this offshore company owns 99% of the company. The second founder of the company (with a share of 1%) is a former employee of Navalny Zaprudsky Leonid Semenovich.

The offshore company is managed by Alexey Navalny.

It is curious that the offshore firm Altorag Management Limited is linked to the firm of Vladlen Stepanov, one of the defendants in the Magnitsky case. Both Stepanov, whom Navalny denounced, and Navalny himself used the services of the same nominal owners. (link)

Navalny himself does not deny that he was the founder of this offshore company, but denies that he has anything to do with OOO Glavpodpiska. (link)

Communication between the Navalny brothers and AvtoSAGA LLC

AvtoSAGA LLC was created just six months before the start of work with Glavpodpiska LLC - but this in itself is not any weighty proof of the Navalny brothers' connection with this company.

Prices of AvtoSAGA LLC

There is an invoice from AvtoSAGA LLC, which indicates prices - 14 thousand rubles for one flight on the Yaroslavl-Moscow route. There is also a list of cars that worked on the route - these are ordinary trucks. (link)

At the moment, there are several offers on the market from different companies for the transportation of goods from Yaroslavl to Moscow at a price of 15-16 thousand rubles per flight. (link) Thus, taking into account the long-term contract and inflation, the cost of transportation of 14 thousand rubles per flight looks quite marketable.

Hounding "Yves Rocher"

After the article appeared in Novaya Gazeta, the persecution of Yves Rocher began on the Internet. (link) Such persecution, coupled with the pressure on Yves Rocher from the Americans, may well make the company forget about the lost several hundred thousand dollars and try to slow things down.

At the same time, it is quite obvious that at least the money laundering charge should be investigated, regardless of whether Yves Rocher is forced to withdraw the application or not.

Multidisciplinary Processing Company

In April 2014, another criminal case was initiated against the Navalny brothers. According to the investigation, in 2008 Oleg Navalny persuaded representatives of MPK LLC to stop directly ordering the printing of invoices and delivery of equipment to post offices. Oleg Navalny explained to representatives of MPK LLC that if they want to work with the Russian Post, they need to transfer money through its "gasket" - through Glavpodpiska LLC.

The amount of damage is estimated at about 4 million rubles. (link) (link)

Legal side of the issue

The Investigative Committee finally brought charges against the Navalny brothers in October 2013. They are charged with the following:

* Committing the theft of funds of Yves Rocher Vostok LLC by deception in the amount of over 26 million rubles. Part 4 of Article 159 of the Criminal Code of the Russian Federation, fraud committed by an organized group or on an especially large scale. Deprivation of liberty for up to 10 years.
* Legalization of funds in the amount of more than 21 million rubles. Clause "a", part 2 of Article 174.1 of the Criminal Code of the Russian Federation, legalization (laundering) of funds or other property acquired by a person as a result of a crime committed by him.

Update 1... Comments on Echo of Moscow:

By the way, have you noticed how amicably Navalny's defenders avoid the issue of renting premises in a village at the price of renting an elite office in the center of Moscow?

Update 2... The flexibility of thinking of the creative class is surprising. Indeed, quite recently, during his attack on the ESPO, Navalny wrote the following to the applause of the Kreakls:

... all the contractors on the super construction were intermediary layers through which they took out money ...

Most of the general contractors are set up by shell offshore companies. In a number of cases, companies were registered as dummies using fake signatures.

Lack of economic sense of contracts with general contractors. All general contractors are cushioning intermediary offices.

In relation to Alexei and Oleg Navalny, a criminal case on fraud and money laundering (part 4 of article 159 of the Criminal Code, paragraphs "a", "b" of part 2 of article 174.1). According to the investigation, Oleg, heading the department of internal mailings of the Russian Post, convinced the management to conclude an unprofitable agreement with the company "Main Subscription Agency", the founder and actual owner of which was his brother Alexey.

On December 30, 2014, the judge of the Zamoskvoretsky District Court of Moscow, Elena Korobchenko Alexey, received a 3.5-year suspended sentence, and Oleg received the same term, but with serving in a general regime colony.

In October 2017, the European Court of Human Rights ruled on Navalny's complaint against this verdict - the ECHR found that Russia had violated Articles 6 and 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantee the right to a fair trial and punishment solely on the basis of the law.

In March 2018, when the decision came into force, Alexey Navalny sent to the Supreme Court with a demand to immediately execute the decision of Strasbourg and release his brother. Two days later, Oleg Navalny was sent to the punishment cell for the sixth time. He is serving a sentence in IK-5 in the Oryol region; Uritskiy District Court to him on parole and - in replacement of the remaining term with a fine or compulsory work. After the politician's brother with the project Tatoos from Russian Prison (TRAP), who makes tattoos based on sketches of prisoners, he uses pencils, pens and paints. For about a year and a half, Oleg Navalny has been in solitary confinement.

Lawyer Kirill Polozov says that the victims in the case did not bring to the attention of the court exactly what and how they were deceived.

Also, Oleg Navalny was blamed for not notifying the counterparties that he intended to attract subcontractors - however, neither the law nor the contract imposed such a duty on him, - continues the defender.

He recalls the fate of the Kirovles case and asks to resume the proceedings, cancel the verdict and the appeal ruling, and then dismiss the case.

Oleg Navalny speaks:

I strongly support everything that my brother and defenders have said.

He promises not to speak for a long time and keeps his word: it took the politician's brother less than a minute to ask the court to execute the ECtHR decision and “let him go home to eat borscht”.

The court retires for a decision.

The Presidium of the Supreme Court made a decision: to reopen the case in view of new circumstances, the verdict of the Zamoskvoretsky court and the appeal decision should be left unchanged.

Alexei Navalny comments on the decision of the Supreme Court, he says that for a long time he tried to guess what kind of sophisticated muck the Kremlin would come up with and what the Supreme Court broadcasts.

But in my opinion, this time they decided not to even invent any nasty things, they opened production and left everything as it is. That is, de facto it was announced today by the Supreme Court: "Hello, we refuse to comply with the decision of the ECHR, even to depict the execution [of decisions] of the ECHR." What can I say in this regard?

We understood how difficult it was for this system to make any decision, because any decision would actually confirm that the case was fabricated, which means that there is a criminal group - the Investigative Committee, the prosecutor's office, the courts and everyone else. They made an unjust decision and kept the man in prison for over three years. They not only made a decision with which they left everything as it is, but defiantly said once again: “Yes, we will continue to do this in the future.”

Mikhailov's lawyer says that Russia does not comply with international treaties, despite the fact that their priority is enshrined in the Constitution, so the defense will appeal to the Committee of Ministers of the Council of Europe, which monitors the implementation of the decisions of the ECHR.

Now I will tell you an important thing, as well as illegal. Rather, it is considered illegal for me personally, so I don't care about such a ban. I want you to know.

On Thursday, I will be judged, which is a completely unoriginal statement, because today I will be tried (and even sentenced), as well as constantly tried - since the beginning of this year, I have already been convicted three times, having been found guilty.

But on Thursday they will again be judged on a grand scale. This is the so-called Yves Rocher case, in which my younger brother Oleg and I will be the defendants.

As you may remember, this case was initiated very cynically: without hiding it directly as a "response" for the fact that I called for an unauthorized rally on December 15. The message was clear: if you think that you will lead the people to massive unauthorized rallies and think that we will not answer in lawlessness, then you are mistaken ... Then, within a week, the Investigative Committee announced the initiation of as many as three criminal cases against me.

"The Yves Rocher case" was the main one and was actively used by the zobmoyaschik and all vile United Russia members to add "to the word" Navalny "for two years in a row who and his brother stole 50 million rubles from the French company Yves Rocher ".

Gradually, the amount "stolen" dropped to 27 million, but the essence of this has not changed.

Dealing with this is not very easy. You understand that this is complete nonsense. That's just nonsense and complete fiction. But you also understand that any normal person would think: well, it is impossible to come up with the theft of 27 million from scratch. Putin will not be substituted so. It means there is some kind of evidence. Or in court Navalny will prove that he is right.

Proves yes. At all the trials of recent years, it seemed to me to the last that they could not condemn me, because both the right and the truth are on my side.

How can you condemn me for Kirovles without an economic examination?

How can you condemn me for resisting the police if anyone can see on the video that there is no resistance?

How can you blame me for shouting if anyone on the video can see that I was standing calmly?

Fine. Everywhere condemned. We watched the video, made sure that there were no shouts and wrote in the court decision: shouted and waved his arms... By the way, I will be judged in the Yves Rocher case by the same judge Korobchenko who saw the chants and shouts in this video.

Therefore, I will not prove anything in court. But I want to prove to you, that's why I am writing. And so I ask you to help me spread this information.

So, from the very beginning, we knew that Yves Rocher was forced to write a statement. They worked with "glavpodiska" (the company through which the theft was allegedly committed) for five years, were satisfied, and now all this work has been declared a fraud.

The FSB and the Investigative Committee came to them, saying: there will be no application, you will not be able to work. We know this from the words of the employees of the company itself. Yves Rocher's business is completely tied to the customs, controlled by the FSB, and "minor problems with cargo clearance" would bury the whole business within a month.

Wrote - nothing can be done. We are not the FSB and we cannot force them to take the application back.

After a while, apparently, Yves Rocher realized that they wanted to use them not just for some kind of routine intimidation and threats, but for the direct fabrication of a political criminal case. They made a very vague statement. " after everything is over, no one will doubt our reputation "What this means was completely incomprehensible.

Then there were various messages on the topic that Yves Rocher did not recognize the damage and took the application. In particular, Dmitry Muratov, editor-in-chief of Novaya Gazeta, spoke about this many times with reference to a personal conversation with the director of the company named Bruno Lepru.

However, this did not have any formal consequences: the case was going on, under his dressing were seizures, searches and interrogations, recognizance not to leave, etc. Yves Rocher's company kept silent, keeps it to this day and has not made a single statement, except for the one above on the link.

Well, then came the long-awaited moment when the Investigative Committee announced the "end of the investigation" and we had the opportunity to get acquainted with the case materials. 157 volumes. When we started to get acquainted, in one of the very first volumes we found the following sequence of documents:

What do I want from you? You can help me very simply. Read it all and tell someone else. LJ blog blocked,. There are only a few media outlets that are not afraid to write about it.

On this and the calculation: few people on the Internet know the truth, and in the zomboyaschik bomb "stole 27 million."

But you are not "a few people on the Internet". There are hundreds of thousands of you. There are hundreds of thousands of us ... We pressed the button three times and talked to a couple of people - several million already know about this.

The guys from FBK even made such a small website to make it easier to distribute this calculation by Yves Rocher: http://delo.navalny.ru

If you want to help: distribute it (and if it is more convenient, then this post) where you can, send it to everyone who, following the propaganda, writes about " kidnapped from Yves Rocher"Tell your mom, grandma. Talk to the taxi driver.

That's all. I have said a hundred times: there are more of us and our strength is such that we can expose any propaganda instantly. You just have to work and not think that someone will do it for you. Someone with more time or friends on Facebook.

Nobody will do anything - just your front section will not be closed.

Here the vile stigma of Dmitry Kisilev and a variety of Simonyan's margarita with trembling pseudopods will crawl into it. No one will be to blame but you.

Lawyer Ilya Remeslo, who was present at the hearing of the case of Yves Rocher, examines the main arguments of the defense and accusation, and also shares interesting points of the court, which the liberal media are silent about.

Liberal media, which posted their materials on Friday's debate, "tactfully" bypassed many points of the meeting. And they did it not by accident. A concrete example: the website "Mediazona", friendly to Navalny, is uploading a recording of yesterday's meeting. It contains the full speeches of the defendants and their lawyers. But what the victims (Yves Rocher's company) said, the prosecution and the court were not posted. Indeed, why bother with the appearance of objectivity? A similar situation is on the "Echo of Moscow", and many other resources.

The trial began with the announcement of the testimony of former Yves Rocher CEO Bruno Leproux. And here the first surprise awaited us. It turns out that the filing of an application for Navalny was coordinated by Leproux with the French founders Yves Rocher.

However, this did not raise any special doubts before, but now it has received documentary confirmation.

The fact that the French agreed to prosecute Navalny once again confirms that the statement was written by Yves Rocher of his own free will. Bruno Leproux also said that Yves Rocher was constantly faced with the problem of timely receiving and sending parcels by mail. Oleg Navalny undertook to solve this problem, presenting Glavpodpiska as a company having connections with the management of the Russian Post. At the same time, Yves Rocher did not know that Oleg was at the same time the beneficiary of the Main Subscription. The suspicions that arose prompted them to apply to the ICR.

Further in the debate, representatives of the prosecution spoke. In general, previously known facts were voiced. But one thing immediately drew attention to itself - the registration of the company Glavpodiska on a figurehead (Zaprudsky), who was also paid for this. At the same time, as Zaprudsky says, all questions about the company were decided by Alexey Navalny, to whom he handed over the documents. In connection with the participation of the dummy director, Navalny neglected issues of legality: for example, a number of signatures on the founding documents of the company were forged. And even after the company passed to Navalny's relatives in 2011, he continued to resolve issues regarding it and signed documents. The founder was also a shell company - the Cypriot offshore Alortag, which Navalny personally acquired (which he does not deny). Thus, Alexey conveyed warm greetings to the fighters against corruption and the offshore economy.

Fix these facts, we will come back to them when we analyze the position of the defense.

A representative of the victims, the Yves Rocher company, also spoke in the debate. He fully confirmed the position of the prosecution, said that his company is not going to abandon claims against the defendants. The contract with Navalny's company was concluded due to problems at the post office, which could not receive parcels on time, which was critical for Yves Rocher's business. If everything was normal at the post office, Yves Rocher would never have signed an agreement with Navalny's firm.

In fact, the victim fully confirmed everything that I have repeatedly written about: the company of Yves Rocher was cut off the oxygen and deceived them, they did not refuse claims despite all the pressure exerted.

Navalny's lawyers, in turn, focused not on refuting the foundation of the accusation as a whole, but tried to break up some of its small details, in the end pretending that the charge was broken as a whole. The key arguments of Kobzev and Mikhailova were as follows:

1) Navalny has nothing to do with Glavpodiska and never managed it. The company was not created with a criminal purpose, it is a common business activity. The prosecution deliberately attributes intent to the defendants where there is none.

The question is, what then to do with the testimony of the nominal director Zaprudsky? What about the fact that Navalny made it the founder of the offshore Alortag? For what purpose did he keep the constituent documents?

Especially the defense and Navalny himself ridiculed the term "conspiracy", which was used by the prosecution, characterizing the involvement of a nominal general director and the registration of an offshore company as the founder of Glavpodpiska. It is not very clear, however, what is funny about the position of the accusation. Indeed, why such conspiracy: if we are talking about ordinary business activities, why not just register the company for yourself and head it personally?

The defense has no answers to these questions. Navalny tried to justify himself by saying that he did not want to "shine" his name because of his political activities and courts with large companies, of which he was a minority shareholder. This "explanation" is pretty easy to refute. Glavpodpiska was founded in May 2008. Navalny did not conduct any active political activity at that time, and was not even a lawyer at that time.

2) Investigators of the TFR put pressure on Yves Rocher's company, so she was forced to write a statement against Navalny.

There is not a single proof that the statement was written under pressure. This is denied by all the witnesses questioned.

However, let us examine, for example, the defense's argument about “a large volume of investigative actions” with the participation of Yves Rocher. What are these actions? Probably, searches were carried out, Yves Rocher's employees were detained and arrested, documents and seals of the company were seized, which made commercial activity impossible?

Unfortunately no. As the defense itself admits, there were only two requests for documents on Navalny's company, some of which were seized in originals, and CEO Yves Rocher was interviewed. No one was detained, not summoned for interrogation, there were no searches. How the production of such investigative actions can put pressure on the company is a big mystery.

3) Yves Rocher wrote a letter about the absence of damage to the TFR.

As I wrote earlier, Yves Rocher did not write any letter to the TFR. It was written by the administrative and financial director Melnik and addressed to the head of the company, Bruno Leproux, who did not agree with the presented calculation (since no internal audit was conducted) and decided not to abandon claims against Navalny. Further, the same letter from Melnik was given to the TFR by a lawyer, accompanied by a lengthy letter, which vaguely stated that "the authorized persons had doubts about the amount of damage." Of course, the lawyer did not give up his claims, and none of Yves Rocher's management authorized him to do this.

It remains for us to make out the last word of the accused Navalny. The main leitmotif of the speech was statements about the political background of the persecution. Okay, let's agree with Alexey for a minute. But does the presence of a political motive mean that there is no crime? For example, the state persecutes terrorists and extremists, including on the basis of political considerations and disagreements with them. But does this stop terrorists and extremists from being such?

From the point of view of Navalny, the government is thus taking revenge on him for investigations against major officials. But this is such a slightly strange way of revenge - to create a reputation for being persecuted by the authorities, and the persecuted himself is still not in prison. Moreover, in the Kirovles case, he was removed from there the next day after the verdict - contrary to all existing norms of the Code of Criminal Procedure of the Russian Federation, the prosecutor's office filed a complaint against itself! Not a single such case has previously been recorded in the legal practice of Russia.

Further, already in the existing case of Yves Rocher, the prosecution asked three times (!) To change the measure of restraint from house arrest to prison. And three times the court denied this, despite the irrefutable (established by the court decision) facts of violation of house arrest by Navalny. Maybe the political motivation in the decisions on his cases should be taken into account when she works for Navalny?

Separately, one should dwell on the following words of Navalny: “By the way, I draw your attention to the fact that little was said in the debate about the accusations of legalization. Please note that not a single person has been questioned about legalization, there are no documents. It would seem: here, legalized through the company of the parents. Have your parents been interrogated? "

And here we agree with Navalny. The prosecution never asked him simple questions, and he never answered ours:

If the transaction with Yves Rocher Vostok LLC was legal, then why were the funds received from this transaction not capitalized in accordance with the law, but withdrawn to the account of the Kobyakovskaya Wicker Weaving Factory LLC controlled by your family?

How can you explain the economic sense of concluding an agreement with Kobyakovskaya Wicker Weaving Factory LLC for the rental of real estate in Kobyakovo near Moscow? What entrepreneurial activity was Main Subscription Agency LLC carried out there if you were studying at Yale University at that time? What caused such a high price of the lease agreement (in comparison with similar offers in Moscow)?

What goods were purchased by OOO Main Subscription Agency from OOO Kobyakovskaya Wicker Weaving Factory and what is the further fate of these goods?

For what lawyer services did the Kobyakovskaya Wicker Weaving Factory, controlled by your family, pay you?

Let me remind you that 19,880,660 rubles were withdrawn to the accounts of the Kobyakovsk factory.

The following is surprising here. Not only that, Navalny himself dragged his parents into this scam, thus exposing them as potential accomplices. He also demands that the same "large volume of investigative actions" be carried out with the parents. So that his parents excuse him in this story before the investigation and court.

And of course, one cannot ignore this statement: “I will continue to fight this junta, stir up trouble, agitate, whatever you like, these people who are looking at the table. People have the legal right to rebel against this illegal, corrupt government. "

In any civilized country, including Russia, the violent, unconstitutional overthrow of the current government is a crime. As well as calls for him - the "overthrow" was not just said in the court session, there was a broadcast to a large number of people who were not participants in the process - which Navalny knew very well. By a strange coincidence, these words instantly spread in many "independent" media, which only added a degree of gravity to the committed act.

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