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+ Opanasenko Vsevolod Yuryevich
Opanasenko Vsevolod Yuryevich

Biography

Was born on April 2, 1972 in Moscow.

The production engineer graduated from the Russian State Technology University of K.E. Tsiolkovsky in the specialty and (in 2000). Financial academy at the Government of the Russian Federation, specialty - "security market".

In 1989 worked as the lead engineer at experimental project industrial enterprise "Aist" at representation of the Red Cross.

In 1991 was engaged in own business, directed Micronic company which at the plant in China assembled component parts for computers.

In 2002 based and headed the T-Platforms company which is engaged in production of supercomputers.

In 2012 founded the Baikal Electronics company specializing in development of microprocessors. By own words while he was engaged in T-Platforms, he was haunted by a thought that "in five years the country will turn into the screwdriver collector" therefore appeared Baikal Electronics[1].

2019

Criminal case, arrest

On March 27, 2019 Interfax[2] reported that Basmanny Court of Moscow arrested Vsevolod Opanasenko for two months. Earlier it was delayed on the case of abuse of authority.

For the same term one more defendant in the case – the head of department of communication of department of information technologies of communication and data protection of the Ministry of Internal Affairs of the Russian Federation Alexander Alexandrov was arrested.

Reported to RBC with reference to the press release of court that Opanasenko is imputed instigation to abuse (Part 3 of Article 33, Part 3 of Article 285 of UK), and to Alexandrov – abuse of office with heavy effects (Part 3 of Article 285 of the Criminal Code of the Russian Federation)[3]. Both defendants in the case did not admit the guilt.

That Opanasenko became a defendant in the case before March 27 wrote Kommersant. According to the newspaper, the investigation addressed with the petition for his arrest in the evening on March 26.

Interfax with reference to the informed source reported that the speech can go about violations at signing of the contract between T-Platforms and the Ministry of Internal Affairs as a result of which damage was caused to the budget.

In the fall of 2016 the Ministry of Internal Affairs announced a tender for the procurement of 9348 computers on the Russian Baikal-T1 processors for 357 million rubles. The Ministry of Internal Affairs signed the contract with T-Platforms which delivered 1837 computers for 71 million rubles. The Ministry of Internal Affairs refused to accept other. T-Platforms did not deliver any computer in time, followed from documents of FAS, studying this transaction.

T-Platforms tried to force the ministry through Arbitration court of Moscow to accept a batch, but it it did not manage to be made. The court considered that T-Platforms broke delivery dates. As the representative of T-Platforms spoke to Vedomosti, there was it because the Ministry of Internal Affairs delayed advance payment and did not provide information necessary for order fulfillment. These arguments were considered also by FAS, but, first, did not consider lack of advance payment reasonable excuse for non-execution of the government contract, and secondly, came to a conclusion that the necessary information of the company was provided.

T-Platforms signed also the contract with the Ministry of Internal Affairs in 2018, it was complete.

According to a source of RBC close to the company, earlier law enforcement agencies already had questions to Opanasenko because of the contract of T-Platforms with the Solnechnogorsk Instrument-making Plant (SIMP) entering into Rostec. Case was closed behind lack of evidence, the interlocutor of the edition claimed.

It not the first case connected with deliveries of IT to the Ministry of Internal Affairs. In 2018 within criminal case about abuses at installation of the single intelligent system of ensuring activity (ISEA) of the Ministry of Internal Affairs of the Russian Federation the founder of AT Consulting Sergey Shilov, the CEO of NTS Alexey Nashchekin and the Officer-in-Charge of NPO Spetstekhnika i svyaz (STIS) of the Ministry of Internal Affairs Andrey Nechayev were delayed. In the spring of 2019 criminal case was dismissed, the investigation and prosecutor's office did not find in activity of businessmen and the official of corpus delicti.

Attempt to appeal against the decision of Basmanny Court

On April 15, 2019 the Moscow City Court considered the petition for appeal of the protection of Vsevolod Opanasenko trying to appeal against the decision of Basmanny Court on a measure of restraint. According to Vedomosti, protection asked court to translate Opanasenko from the pre-trial detention center under house arrest, however the Moscow City Court refused it[4].

Opanasenko had guarantors. His lawyer asked to file the documents characterizing by Opanasenko and his company. In particular, characteristic from Minpromtorg in which it is emphasized that the company created by Opanasenko is one of leaders in the Russian market of supercomputers and radio electronics. Opanasenko's arrest threatens a number of projects of Baikal Electronics (the developer of processors under control of T-Platforms) and T-Platforms in this connection the ministry petitioned for change of a measure of restraint that he could continue to direct the company, the judge read characteristic.

Also the letter in support of Opanasenko was submitted by the Ministry of Economic Development and a number of academicians of the Russian Academy of Sciences.

Basmanny Court just listed possible circumstances, did not refer when electing a measure of restraint to one of pages of case, the lawyer Opanasenko at a meeting said: when electing a measure of restraint the court was guided only by weight of crime.

Opanasenko said that it does not intend to disappear that is confirmed by delivery of passports (the protocol of dredging of two of its international passports was attached to case papers). Also he specified that he cooperates with the investigation as wants "achieve the truth on case", and does not understand why to it so drastic measure of suppression is tried on.

Within the same case the head of department of communication of department of information technologies of communication and data protection of the Ministry of Internal Affairs of the Russian Federation Alexander Alexandrov was arrested. Its Moscow City Court also refused to translate under house arrest.

The court did not release from Vsevolod Opanasenko's pre-trial detention center under house arrest, on the security in 20 million rubles

On August 14, 2019 the Moscow City Court considered the petition for appeal of lawyers of Vsevolod Opanasenko and the head of department of communication of department of information technologies of communication and data protection of the Ministry of Internal Affairs of the Russian Federation Alexander Alexandrov on the decision of Basmanny Court which in July decided to prolong them contents term in the pre-trial detention center till October 25. Both of them pass defendants on the case of abuse of authority when purchasing the Ministry of Internal Affairs of computers of production of T-Platforms.

Abuse of office with heavy effects (Part 3 of Article 285 of the Criminal Code of the Russian Federation), and Opanasenko – instigation to commission of crime and abuse of office with heavy effects is imputed to Alexandrov (Part 4 of Article 33 and Part 3 of Article 285 of UK).

Opanasenko and Alexandrov's protection asked to change them a measure of restraint from detention to house arrest on case till the end of the investigation, but the court under the chairmanship of the judge Selina made the decision to uphold the solution of higher instance, the correspondent of TAdviser from Moscow City Court reported.

Opanasenko's interests in court were represented by the lawyer Dmitry Lyashkov. In addition to it Opanasenko has 3 more lawyers from whose names the petition for appeal was submitted. Alexandrov in court was represented by the lawyer Nikolay Fateev - one of two lawyers who are engaged in his case.

Vsevolod Opanasenko was involved in court session on a video conferencing, and Alexander Alexandrov, by data, which were sounded by the judge, did not wish to participate in court of appellate instance. At the same time for any reason the investigator who was expected to participation also did not come to court.

The meeting began approximately with a three-hour delay. Waiting for its beginning Vsevolod Opanasenko who, as well as Alexandrov, contains in SIZO-5 assembled the Rubik's Cube. On what could be observed on the video conferencing display after 5-month contents in Opanasenko's pre-trial detention center looked very vigorous and quickly answered questions of the judge.

Defenders Opanasenko and Alexandrova, disputing the decision of Basmanny Court, aimed to dispel arguments which formed the basis at making decision on prolongation of their contents in the pre-trial detention center according to the petition of the investigation. From the summary of materials announced by the judge on case in point, the investigation believed that, bailing, defendants can disappear from bodies of pretrial investigation and court, to influence witnesses and other participants of judicial proceedings, to destroy proofs or in other way to prevent criminal proceedings. With respect thereto the court decided that the bases of change of a measure of restraint on softer are not available.

Lawyers consider the decision on prolongation of contents of Opanasenko and Alexandrov in the pre-trial detention center illegal, unreasonable and unmotivated. According to protection, any real proof in confirmation of these arguments neither the investigator in the petition, nor court in the resolution was not provided. Concerning Opanasenko, in particular, one of lawyers considers that the court made the decision on prolongation of contents it under guards, being based only on weight of the crime imputed to it.

Lawyers tried to convince the judge of Moscow City Court that there are no bases for the concerns stated by the investigation. In brief - defendants handed over the passports, are tied to places of the residence by family and business contacts and cooperate with the investigation, though do not admit the guilt. Both have minor children.

As one of arguments that Opanasenko will not be able to influence witnesses if it is released under house arrest, the fact that he already left from a post of the CEO of T-Platforms was read and now has no relation to activity of the company. Alexandrov, in turn, was discharged of a position, and cannot have an impact on witnesses as the head.

As it appears from the words of the lawyer, one of the reasons for which Opanasenko should be translated under house arrest is to provide it an opportunity more fully to protect itself in court.

Opanasenko noted that the last 4 months that he is in the pre-trial detention center, with it are not spent investigative actions. The main part of the investigation is carried already out, key witnesses are polled, he noted.

The protection position about change of a measure of restraint for them on house arrest in court was supported also by the prosecutor Meshcheryakova who is present there.

As an alternative measure of restraint for Vsevolod Opanasenko the lawyer Dmitry Lyashkov also suggested to bail him in the amount of 20 million rubles. But, apparently, arguments of protection did not convince court, and the July decision of Basmanny Court was upheld. What this solution was motivated with, the court at a meeting did not sound.

Dmitry Lyashkov in a conversation with TAdviser noted that protection is going to file the writ of appeal about the decision on keeping of his client to the pre-trial detention center. However until reaches its consideration in court, the term set by the last decision of Basmanny Court can already approach, he stated a concern.

According to Lyashkov, Vsevolod Opanasenko does not complain of conditions of keeping. At the same time, he noted, and to relatives it is difficult to protection to get to him to the pre-trial detention center in connection with a large number of the people who are contained there and long terms of waiting of meetings.

On court session it became clear that during the investigation on case judicial technical expertize of product samples which T-Platforms delivered in the Ministry of Internal Affairs was appointed. It was directed to the Federal center of judicial examination, the date of completion of examination as of August is not known.

Vsevolod Opanasenko's position: I regard contents in the pre-trial detention center as pressure that I admitted guilt

On appeal about change of a measure of restraint on house arrest the court pledged the word to Vsevolod Opanasenko. It was short and began with the statement for what does not plead guilty: "The charges brought to me are not true and do not concern me".

Opanasenko noted, as itself, and his family live in Russia where he has a business and all assets and the real estate. Also he reported that he does not see 5 months the juvenile children.

Vsevolod Opanasenko asks to change it a measure of restraint to house arrest (a photo - RIA Novosti)

Concerning an opportunity to disappear, Opanasenko emphasized that right after arrest he voluntarily handed over the international passport and cooperates with the investigation as it is interested in "normal trial".

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I want to note what since April 17 with me is not made any investigative actions, in general any. At the same time, as it appears from case papers, the main investigative actions in four months were already made, the main number of witnesses is interrogated, - he told
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The entrepreneur added that product samples which are in federal expert center were directed to examination, and it is impossible to influence experts.

Too it is impossible to influence witnesses, Vsevolod Opanasenko is sure. He referred to the July solution of the judge in which it is specified that he is the CEO of T-Platforms and, having large powers, including, concerning those who are from it in job dependency, can influence them for the purpose of change of indications or refusal to testify. In this regard he noted:

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I am not a CEO. Two months ago I wrote the application, and the new CEO was appointed other shareholder, state (one of shareholders of T-Platforms is VEB - a comment of TAdviser), and is not affiliated with me. Therefore, first, what is written in the resolution is not true, and secondly, I cannot affect in any way and the most important - I do not gather especially as all witnesses are already interrogated
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Follows from the materials provided to the judge that on June 30 Grishchenkov Alexander Viktorovich from a term of office to June 30, 2020 was elected the new CEO of T-Platforms. Before he worked in T-Platforms as the chief executive, and started the career in this company in 2008 from a position of the head of the maintenance department.

At the end of Opanasenko's exposure said that in case papers concerning detection of crime it is specified that it has signs of Article 159 of Part 4 (the fraud committed by organized group or in especially large size).

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I do not understand why Part 3 of Article 285 UK FR what it in general is related to me. And I regard it only this way that it was made to hold me in custody because according to Part 4 of Article 159 of the Criminal Code of the Russian Federation it, probably, could not be made, - the former CEO of T-Platforms spoke, having asked the judge to consider it.
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Opanasenko regards the stay in the pre-trial detention center within five months as pressure for the purpose of obtaining confession from it. The entrepreneur is not going to admit guilt.

The human rights activist at the president Boris Titov urged the public to support Vsevolod Opanasenko

The Comissioner for the President of the Russian Federation on protection of the rights of entrepreneurs Boris Titov published on September 29 on the page on Facebook the address to the public with a request to support the arrested and already more than half a year of the founder who is in the pre-trial detention center and the former CEO T-Platforms Vsevolod Opanasenko.

Titov expressed bewilderment on the fact that Opanasenko is held in custody. He criticized expertize which was carried out by the party of charge and which recognized the computers of T-Platforms delivered to the Ministry of Internal Affairs, not corresponding to the technical project. Boris Titov specified that Opanasenko's protection attracted to examination of RCC of MSU, the INFORMATION RETRIEVAL SYSTEM of RAS and Federal State Unitary Enterprise Scientific Research Institute of Radio Measuring Devices which confirmed that the delivered equipment corresponds to a task.

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But the investigation ignored these outputs. Also brought charge: Opanasenko incited the police officer who was responsible for purchases, and that, in turn, abused ex-officio full powers, - the human rights activist on the page writes.
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Boris Titov calls Vsevolod Opanasenko Russian "dzhobsy" (a photo - Vladimir Gerdo / TASS)


Titov also reminded that he right after Opanasenko's arrest handed over the international passport, brought into court petitions from the Ministry of Economic Development and Minpromtorg, from several academicians of RAS. Later he offered pledge in 20 million rubles. And even the prosecutor in the court concerning Opanasenko measure of restraint did not agree with the investigator and insisted on house arrest, the human rights activist writes. But court, Titov says, did not take any argument into account, and already half a year the builder of supercomputers stays behind bars in the pre-trial detention center.

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In what sense to keep it under guard? I the other day repeatedly appealed to the Prosecutor General's Office with a request to check both justification of criminal prosecution of Opanasenko, and justification of a measure of restraint for it. Let's connect public opinion? Help, distribute information! Let's not give in offense of our Russian "dzhobs"?!, - Boris Titov called the readers in Facebook.
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Prolongation of term of contents in the pre-trial detention center

On October 22 the Moscow City Court refused to satisfy the writ of appeal of defenders of Vsevolod Opanasenko on the decision on prolongation of its detention made in July till October 25. Reported about it to TAdviser in Moscow City Court.

On October 23 in a card file of legal cases there was information that Basmanny district court of Moscow satisfied the petition of the investigation for prolongation of term of keeping of Opanasenko in the pre-trial detention center. The entrepreneur is going to be remanded in custody for 3 months.

In the previous time in July the investigation petitioned too to leave Opanasenko in the pre-trial detention center for the same term. According to Part 2 of Article 109 of the Code of Criminal Procedure of the Russian Federation if it is impossible to complete pretrial investigation in 2 months, then in the absence of the bases for change or canceling of a measure of restraint, in cases of special complexity of criminal case this term can be prolonged by district court up to 12 months.

In the resolution according to the petition for appeal in August the court noted special complexity of investigation of criminal case of Vsevolod Opanasenko, connecting it with accomplishment "the considerable volume of investigative actions and investigation and search operations, need of carrying out difficult and long expert researches".

In two days prior to prolongation of term of detention the Comissioner for the President of the Russian Federation on protection of the rights of entrepreneurs Boris Titov reported that he appealed to Vladimir Putin to give assignment to carry out an inspection of justification of criminal prosecution of Vsevolod Opanasenko. Titov not only does not agree with justification of charges which show Opanasenko, but also believes that investigating bodies unreasonably qualified the acts imputed to it.

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Investigating bodies unreasonably qualified the acts imputed to Opanasenko according to Article 285 of the Criminal Code of the Russian Federation which subject only officials in state bodies and the organizations can be, - Boris Titov wrote in the address to the president. - The investigation did not take into account existence in its actions of strong indications of business activity. Incorrect qualification of deeds of Opanasenko entailed election of a measure of restraint concerning it in the form of detention which is not changed so far.
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2020

Prolongation of arrest till March 24

On January 22, 2020 Basmanny Court prolonged Vsevolod Opanasenko's arrest till March 24. Thus, the founder of T-Platforms will spend in prison more than a year.

The prosecutor asked to appoint Opanasenko house arrest. According to him, contents in the insulator — is excessive a drastic measure for the entrepreneur.

Basmanny Court prolonged Vsevolod Opanasenko's arrest till March 24
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The defendant is not accused of nonviolent crime and is obviously harmless for society, and therefore the prosecutor's office does not see need for its contents for the insulator — he said.
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However as a result the court listened to a position of the investigator and prolonged the conclusion, and the petition for Opanasenko's transition under house arrest was not satisfied.

According to Opanasenko's protection, the investigation does not pay attention to the proofs provided by them of the fact that the Ministry of Internal Affairs received the Baikal-t-1 processors developed by "T-platform" and actively uses them for the work. In particular, on these computers there is an examination on car driver licenses.

According to Vedomosti, Vsevolod Opanasenko's lawyer Natalya Salnikova reported to court results of linguistic examination of negotiations of the businessman and head of department of communication of department of information technologies of communication and data protection of the Ministry of Internal Affairs of the Russian Federation Alexander Alexandrov. The investigation believes that Opanasenko decided to get advantage at the conclusion of the government contract and inclined Alexandrov to crime commission. According to results of examination, experts did not find out any signs of conspiracy or collusion that demonstrates lack of evidence.

The head of Association of protection of business Alexander Hurudzhi which consistently opposes criminal prosecution of Opanasenko came to support the head T-Platforms in court.[5]

Partial removal of arrest from property

On February 12 the Moscow City Court partially satisfied the petition for appeal of protection of Vsevolod Opanasenko about earlier issued decree on arrest of its property, reported TAdviser in court.

Opanasenko's property it was seized by Basmanny Court in October, 2019. He mentioned the real estates and two units of transport belonging to the entrepreneur. The Moscow City Court could not specify TAdviser about what real estate there is a speech.

According to the representative of Moscow City Court, it was released the real estate, and business on this question was sent for reconsideration in Basmanny Court. And two vehicles of Opanasenko remain under arrest.

VEB made the enormous claim to the arrested head of T-Platforms

The state corporation of development ВЭБ.РФ (before VEB, Vnesheconombank) sent to Arbitration court of Moscow the claim concerning Vsevolod Opanasenko — the founder of supercomputer company "T-Platforms" who is in custody. As the defendant Opanasenko V. Yu. is specified "." without what that other legal details. However that it is about this businessman obviously points the fact that are stated to JSC T-Platforms as the third party[6].

The sum in dispute is determined in the amount of 1.54 billion rubles the Statement is not adopted yet to production therefore there are no other details in a card file of arbitration cases yet.

Transfer from the pre-trial detention center under house arrest

On March 18 the Moscow City Court issued the decree on failure in the satisfaction of the petition of the investigation for prolongation of term of detention of Vsevolod Opanasenko, information published on the website of courts of Moscow demonstrates. According to the TASS agency, the measure of restraint of Opanasenko was changed to house arrest.

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The Moscow City Court refused to the investigation prolongation of arrest of Opanasenko for three months and transferred it to house arrest for the same term, - TASS quotes Dmitry Lyashkov,[7] the lawyer of the defendant[8].
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The press service of Moscow City Court reported that under house arrest till June 26 also the second defendant in the case - the former employee of the Ministry of Internal Affairs Alexander Alexandrov is translated.

Earlier the business ombudsman Boris Titov appealed to the Deputy Attorney-General Alexander Buksman to mitigate to the founder T-Platforms a measure of restraint. The head of the Council under the President of the Russian Federation on development of civil society and human rights Valery Fadeyev also openly spoke against contents in Vsevolod Opanasenko's pre-trial detention center.

the Claim for 350 million rubles from the Ministry of Internal Affairs

In June, 2020 MINISTRY OF INTERNAL AFFAIRS Russia submitted a claim to Vsevolod Opanasenko, requiring to exact T-Platforms 350 million rubles from the CEO and the founder.

As the lawyer Opanasenko Natalia Salnikova explained RAPSI, the amount of this civil action matches the extent of expected damage from Opanasenko's actions.

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According to the State prosecution the company transferred the equipment which does not comply with technical requirements of the Ministry of Internal Affairs. The amount of the government contract — more than 350 million rubles, was qualified as damage — she reported.
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On June 11, 2020 Meshchansky Court of Moscow started consideration of criminal case concerning Opanasenko (on the right one photo higher) and the ex-head of department of communication of Department of information technologies of the Ministry of Internal Affairs of the Russian Federation Alexander Alexandrov (at the left on a photo) in essence. The following of a meeting is appointed to July 10.

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I do not understand what I am accused of — Vsevolod Opanasenko (the quote by Interfax) in court said. — the Contract was performed by me, the equipment is supplied on places, and it works. In what here fraud? Or I am accused that I stole money for the performed contract? But it is nonsense!.
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Natalia Salnikova considers that  case  contains a number of procedural violations. For example, charge of the head's relation T-Platforms is not concretized, there it is not specified that illegal was made  by the entrepreneur. 

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We  consider  that the processors  delivered  under the contract  conform to requirements of the agreement. If representatives of the Ministry of Internal Affairs think differently, then this dispute can be solved  within civil trial and should not become  a subject of criminal case — she told.
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Glands emphasized that all automated stations by June, 2020 are operated in the Ministry of Internal Affairs, in particular, in traffic police on them hold exams for knowledge of traffic regulations.[9]

Notes

The photo is Expert.ru, the Didier Baverel/Kommersant