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2024/08/28 16:07:53

Criminal cases of corruption in the introduction of information technologies in the Pension Fund of Russia

In July 2019, Deputy Chairman of the Pension Fund Alexei Ivanov was detained by law enforcement agencies on suspicion of taking a bribe (Article 290 of the Criminal Code of the Russian Federation). Later, key heads of Pension Fund IT departments and a number of IT company managers were also arrested. In addition, the ex-owner of Technoserv Alexei Ananyev was put on the wanted list. This article is devoted to the development of this criminal case.

Content

2024

Attempt to appeal the verdict

As TAdviser discovered at the end of August 2024, those convicted in a criminal case of corruption in the implementation of IT in the FIU filed appeals against his sentence earlier that month.

The database of courts of general jurisdiction Moscow registered complaints from the ex-head of the information security department, RPF Evgenia Nikitina the former head of the procurement department of the FIU, the ex-head of the Alexandra Rudneva department for organizing public services of the FIU, Evgeny Turchak the ex-head of the department for managing the infrastructure of the automated information system of the FIU, the Rubena Enfiajian former head of the Interregional Information Center of the FIU, Konstantin Yankin as well as the former employee RedSis Dmitry Radchenko.

As of August 28, court hearings on appeals have not yet been scheduled. And the text of the verdict in the database of courts of general jurisdiction of Moscow is still in the status of "Preparing for publication."

The defendants in the case are trying to challenge the punishment imposed on them

Another participant in the criminal corruption case, the former head of the PFR information technology department Dmitry Kuznetsov, who was tried separately in 2023 and who received the smallest term of all the defendants (5 years in a maximum security penal colony), also previously filed an appeal against the verdict. His lawyers considered the appointed punishment to be excessively severe, inconsistent with the nature and degree of public danger of the crime committed, and asked the court to reduce it to 2 years 6 months in prison, follows from the appeal ruling published in the database of the courts of general jurisdiction of Moscow.

According to the defenders, the su­dom of the first instance did not fully take into account all mitigating punishment ob­stoyatelstva, for example, the fact that "Kuznetsov D.V. was actually involved in the organized group by the senior leadership of the Pension Fund of the Russian Federation, from which D.V. Kuznetsov was in official dependence." However, the court of appeal did not agree with the arguments of the lawyers and upheld the verdict.

Sentences - 11-13 years in a maximum security colony and a multimillion-dollar fine

On August 9, 2024, the Presnensky District Court of Moscow announced the verdict to the former IT leaders of the PFR and another person involved in a criminal corruption case.

source = Telegram channel of courts of general jurisdiction of the city of Moscow
The announcement of the verdict to the former IT leaders of the FIU

According to the court, the ex-head of the PFR information security department Yevgeny Nikitin was found guilty of committing a crime under Part 6 of Art. 290 of the Criminal Code of the Russian Federation (taking a bribe). He was sentenced to imprisonment for a period of 13 years with serving a sentence in a strict regime correctional colony, with a fine of one-time bribe in the amount of 190 762 500 rubles, with deprivation of the right to hold positions in the civil service related to the implementation of organizational, administrative and administrative functions, as well as the powers of a government representative for a period of 10 years.

Former head of the procurement department of the PFR Alexander Rudnev, ex-head of the department for organizing public services of the PFR Evgeny Turchak, ex-head of the infrastructure management department of the automated information system of the PFR Ruben Enfiadzhyan were also found guilty of committing a crime under Part 6 of Art. 290 of the Criminal Code of the Russian Federation.

The court sentenced everyone in the form of imprisonment for a period of 12 years with serving a sentence in a strict regime correctional colony, with a fine in the amount of a single bribe in the amount of 190 762 500 rubles, with deprivation of the right to hold positions in the public service related to the implementation of organizational and administrative administrative functions, as well as the powers of a government representative for a period of 10 years.

Former head of the Interregional Information Center of the FIU Konstantin Yankin was found guilty of committing a crime under Part 6 of Art. 290 of the Criminal Code. The court sentenced him to imprisonment for a period of 11 years with serving a sentence in a strict regime correctional colony, with a fine of a single bribe in the amount of 190 762 500 rubles, with deprivation of the right to hold positions in the civil service related to administrative and economic functions, the implementation of organizational and administrative and representative of the authorities for a period of 10 years.

According to Art. 72 of the Criminal Code of the Russian Federation (calculation of the terms of punishment and offset of punishment), the time of detention of a person is counted in the term of imprisonment at the rate of one day per day of serving a sentence in prison or a maximum security correctional colony. Former IT leaders of the FIU have been detained as a preventive measure since their arrest in October 2020 during the investigation and trial. Thus, according to TAdviser estimates, convicts should be credited with punishment for almost 4 years already spent in jail.

And the former employee of "RedSis" Radchenko Dmitry Yuryevich was found guilty of committing a crime under Part 5 of Art. 291 of the Criminal Code of the Russian Federation (giving a bribe). The court sentenced him to use Art. 64 of the Criminal Code (imposition of a milder punishment than provided for this crime) in the form of imprisonment for a period of 6 years with serving a sentence in a maximum security penal colony, with a fine of 10,000,000 rubles, with deprivation of the right to hold positions in the public service related to the implementation of organizational, administrative and administrative functions, as well as the powers of a government representative for a period of 5 years. Radchenko was taken into custody in the courtroom[1].

Former IT leaders of the PFR extended the term in the pre-trial detention center to almost 4 years during the investigation and trial in the case

In July 2024 , the Moscow City Court, having considered the next appeal against the chosen preventive measure, left in custody until September 9 the defendants in the criminal case on corruption in the PFR, the ex-head of the PFR information security department Yevgeny Nikitin, the ex-head of the PFR procurement department Alexander Rudnev and the ex-head of the PFR public services organization department Evgeny Turchak. This follows from the appeal decision of the Moscow City Court, published in the database of courts of general jurisdiction in Moscow.

By the time this period expires, these persons have been in jail for almost four years since their arrest. According to the court database, the consideration of the criminal case in court on the merits, which began in early 2023, as of mid-July 2024 continues in the Presnensky District Court of Moscow.

Three more persons involved in this case, the measure of restraint previously chosen by him, are not disputed. Two of them, while the trial of the case continues, are also in custody, and one - under recognizance not to leave. Previously, they were all in custody. We are talking about the former head of the FIU Interregional Information Center Konstantin Yankin, the ex-head of the FIU Automated Information System Infrastructure Management Department Ruben Enfiadzhyan and Dmitry Radchenko, who worked at RedSis. To which of them the measure of restraint was changed to a recognizance not to leave, the documents from the base of the courts are not specified.

The court in July once again came to the conclusion that there were no grounds for changing Nikitin, Rudnev and Turchak's preventive measure to another, not related to detention.

At the same time, the appeal ruling emphasizes that "the long stay of the defendants in isolation from society does not contradict the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the decisions of the European Court of Human Rights on reasonable terms of criminal proceedings, and also meets the requirements of Part 3 of Art. 55 of the Constitution of the Russian Federation, providing for the restriction by federal law of human and civil rights and freedoms to the extent that what is necessary in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other citizens. "

How a large-scale corruption scheme was born when IT was introduced into the FIU with the participation of Technoserv and Redsis. Details

While the trial of a part of a group of defendants in a high-profile case on corruption in the introduction of IT into the FIU continues, the verdict[2] one of the defendants, Dmitry Kuznetsov, passed last year, gives detailed circumstances how the corruption scheme originated and acted. TAdviser got acquainted with this verdict, published on the website of the courts of general jurisdiction of Moscow, and found out the details.

According to the case file, Dmitry Kuznetsov was convicted of taking bribes from Redsis and Technoserv, which he took from January 2016 to April 2019. The total amount of bribes given to him during this time amounted to 46.2 million rubles. As part of an organized group, he took an active part in the preparation of tender documentation and the work of the PFR competition committee for informatization of the department. The entire group, consisting of PFR employees, received monthly bribes from Redsis and Technoserv totaling more than 190.7 million rubles. In accordance with the verdict, as a result of the group's activities, the FIU concluded contracts with these companies for a total of 18.1 billion rubles.

source = Oleg Kharseev/Kommersant

According to the pre-trial cooperation agreement of July 01, 2021, a prisoner with the accused Dmitry Kuznetsov in the presence of his defenders by the Deputy Prosecutor General of the Russian Federation, the accused at that time undertook to give full, reliable and detailed testimony about his criminal activity, related to the receipt of bribes from representatives of RedSis Group of Companies and Technoserv Group of Companies, on the illegal use of personal information of citizens available to the Pension Fund of the Russian Federation, in order to further illegally transfer the funded part of the pension to non-profit pension funds, expose his accomplices and report all the facts of corruption crimes known to him by members of an organized group.

As indicated in the verdict, the history of close cooperation of the Redsis group of companies with the PFR IT department began at the end of 2015, when "unidentified persons from among the senior management of the Pension Fund of the Russian Federation" turned to the beneficiary of the Redsis Group of Companies with a request for "assistance in drawing up technical assignments and forming the initial maximum contract price (NMCC), "offering in response general patronage and connivance of service in the conclusion and implementation of government contracts. It was this person, being the head of Dmitry Kuznetsov, using his official position, who involved him in the criminal group.

The very next year, 2016, a group of PFR employees was formed, which included both Dmitry Kuznetsov himself and his colleagues: head of the information security department, head of the infrastructure management department of the automated information system, head of the procurement department of the PFR and deputy director of the MIC PFR. On the part of Redsis, the group was attended by the general director, technical director, director of the department for work with state customers, the financial director and his deputy, as well as the head of the financial control department. On the one hand and on the other hand, other employees could be involved in the preparation of tender documents.

As noted in the verdict, the PFR employees transmitted information to Redsis about the planned development of the Pension Fund's IT infrastructure, and the integrator's technical specialists prepared technical specifications, the justification of the NMCC and took part in the elections for the best proposal put up for the competition. Naturally, they won the tender mainly for RedSis, Magelan and Computer Systems Management, which were part of the Redsis group.

I noticed such a feature of the contracts of the Redsis Group of Companies with the FIU, another system integrator - Technoserv. Its beneficiary and leader, according to the investigation, knowing about the close cooperation of Redsis with the FIU, decided at the end of 2016 to buy the entire group and continue to engage in the informatization of the FIU while preserving the corruption scheme. Monthly payments in accordance with the materials of the verdict ranged from 200 thousand to 1.7 million rubles. In particular, the case file indicates the following amounts of bribes that Dmitry Kuznetsov received: from February to December 2016 - monthly 1.5 million rubles, and from April to February 2019, when the group came under the leadership of Technoserv - already 1.2 million rubles.

Moreover, in September 2016, a former employee of Technoserv Alexei Ivanov was appointed to the top management of the Fund as an adviser to the chairman of the PFR board. Subsequently, he took the post of Deputy Chairman of the Fund. Thus, the group continued its activities to develop plans for the digitalization of the FIU and their implementation by proven companies and specialists, but already for the benefit of the owners of Technoserv. This group of persons continued its activities until May 2019, when it was suppressed by law enforcement agencies.

As noted in the verdict: "An organized group... was distinguished by stability, organization, cohesion, detailed planning of the upcoming crime, a clear distribution of the roles and responsibilities of the participants. " In particular, the members of the group "kept a list of PFR employees who are recipients of illegal monetary remuneration from representatives of Technoserv Group of Companies and RedSis Group of Companies.

Similar circumstances were set out in the sentences to Alexei Ivanov and Alexei Kopeikin, the former director of the department for work with state structures of Technoserv. In September 2022, the case on the beneficiaries of Redsis and Technoserv - S.E. Gordeeva and A.N. Ananyeva, respectively - was separated into a separate proceeding. This is indicated, in particular, in the appeal decision of the Moscow City Court of September 26, 2022.

According to the results of the court decision, Alexei Ivanov was sentenced to 4 years with serving a sentence of imprisonment in a maximum security penal colony, and Dmitry Kuznetsov - for five years. Also, Aleksey Kopeikin, director of the department for work with state structures of Technoserv, who was just organizing the transfer of funds, was sentenced to 4 years in prison. He had already served the due time and was released. The entire above scheme was revealed thanks to the close cooperation of these defendants with the investigation. Criminal cases against other members of the "FIU digitalization group" continue.

2023

Former IT leaders of the FIU for 3 years in jail. They do not release the one who contributed to the disclosure of a corruption crime

On September 27, 2023, the Moscow City Court once again refused to mitigate the preventive measure for the defendants in the corruption-related criminal case. The defendants in the case are a number of ex-employees of the Pension Fund of the Russian Federation, including IT bosses: ex-head of the PFR information security department Yevgeny Nikitin, former head of the PFR Interregional Information Center Konstantin Yankin, ex-head of the PFR automated information system infrastructure management department Ruben Enfiadzhyan, ex-head of the PFR procurement department Alexander Rudnev and ex-head of the PFR public services organization department Evgeny Turchak.

All of them are held under Part 6 of Art. 290 of the Criminal Code of the Russian Federation (taking a bribe by an organized group on an especially large scale).

The defendants have been in custody for almost three years, and their lawyers regularly try to mitigate the preventive measure - changing it, for example, to house arrest or banning certain actions. The last time the detention of all five was extended on September 4, according to information in the database of courts of general jurisdiction in Moscow.

It is not the first time that the lawyers of the defendants have appealed to the Moscow City Court in an attempt to mitigate the preventive measure for their clients "(photo: Sergey Bobylev/TASS)"

The measure of restraint is not mitigated even by Konstantin Yankin, who, as follows from the last published appeal decision of the Moscow City Court, pleaded guilty and actively contributed to the disclosure of the crime. He is the only one of the five defendants in whom, with reference to a lawyer, such data are given in published court documents[3] of[4].

In a previous attempt to challenge the detention in the pre-trial detention center, which took place in July 2023, lawyer Alexander Rudnev, in particular, pointed out that the grounds on which detention was elected and extended had already changed and lost their relevance, since the prosecution had already submitted all written evidence in the criminal case, the prosecution witnesses were interrogated.

And Yevgeny Nikitin in his appeal, among other things, pointed out that in 32 months (at that time) he had not been given a single permission to meet with his relatives.

Evgeny Turchak 's lawyer at the same time expressed the opinion that in fact the measure of restraint for his client was extended only on the basis of the severity of the charge, which in itself cannot serve as a sufficient basis for this. The lawyer of Ruben Enfiajyan spoke about the same.

The Moscow City Court, however, has not yet seen the grounds for releasing the defendants from custody.

Consideration of the criminal case in court on the merits, recall, has been going on since the beginning of 2023. The case is being heard in the Presnensky District Court. Another person involved in it is Dmitry Radchenko, a representative of the RedSis group of companies. He is charged with Part 5 of Art. 291 of the Criminal Code of the Russian Federation (giving a bribe by an organized group on an especially large scale).

Earlier in a single case, along with other former employees of the department, the ex-head of the IT department of the PFR Dmitry Kuznetsov was also listed. Like the rest - under Part 6 of Art. 290 of the Criminal Code. According to the information in the database of the courts of general jurisdiction of Moscow, Dmitry Kuznetsov was tried separately from other participants, in February 2023 the Presnensky District Court had already sentenced him - a sentence of imprisonment for a period of 5 years with serving a sentence in a maximum security penal colony. According to court documents published in the database of the courts of general jurisdiction of Moscow, he pleaded guilty to committing the acts incriminated to him in full and fulfilled the conditions of the dosudeb­nogo cooperation agreement.

According to Art. 72 of the Criminal Code of the Russian Federation, the time of detention of a person is counted in the term of imprisonment at the rate of one day per day of serving a sentence in a correctional colony of strict or special regime. Thus, Dmitry Kuznetsov at the time of sentencing remained to spend about half of the appointed term in a maximum security correctional colony.

And in September 2021, the Lefortovo Court of Moscow sentenced the former deputy chairman of the board of the Pension Fund of the Russian Federation Alexei Ivanov in a criminal case of corruption. He was found guilty of committing a crime under Part 6 of Art. 290 of the Criminal Code (receiving a bribe on an especially large scale), he was sentenced to imprisonment for a period of 4 years with serving in a strict regime correctional colony, with deprivation of the right to hold positions in the civil service and in local authorities related to the exercise of organizational, administrative and administrative powers, for a period of 3 years.

Taking into account the period already spent in the pre-trial detention center and under house arrest, Alexei Ivanov was to spend about 2 years and 6 months in the colony.

Former IT managers of the Pension Fund are being tried in a corruption case. One of them admits guilt in receiving money

At the beginning of 2023, the consideration on the merits of a criminal case of a corruption orientation, in which a number of ex-employees of the Pension Fund of the Russian Federation, including IT bosses, are being held by the accused, entered an active phase. In January and February, three meetings were held in the Presnensky District Court of Moscow, and the next meeting is scheduled for March 27.

According to the database of courts of general jurisdiction in Moscow, five ex-PFR employees appear in one case under consideration: ex-head of the PFR information security department Yevgeny Nikitin, former head of the PFR Interregional Information Center Konstantin Yankin, ex-head of the PFR automated information system infrastructure management department Ruben Enfiadzhyan, ex-head of the PFR procurement department Alexander Rudnev and ex-head of the PFR public services organization department Evgeny Turchak.

All of them take place in the case under Part 6 of Art. 290 of the Criminal Code of the Russian Federation (taking a bribe by an organized group on an especially large scale).

Another person involved in the same case is Dmitry Radchenko, a representative of the RedSis group of companies. He is charged with Part 5 of Art. 291 of the Criminal Code of the Russian Federation (giving a bribe by an organized group on an especially large scale).

Criminal indictments against the former heads of departments of the Pension Fund were approved in December 2022 "(photo - Oleg Kharseev, Kommersant)"

Earlier in a single case, along with other former employees of the department, the ex-head of the IT department of the PFR Dmitry Kuznetsov was also listed. Like the rest - under Part 6 of Art. 290 of the Criminal Code. According to the information in the database of the courts of general jurisdiction of Moscow, Dmitry Kuznetsov was tried separately from other participants, in February 2023 the Presnensky District Court had already sentenced him[5]What kind of sentence is not specified in the database. TAdviser appealed to the Presnensky District Court for this information.

According to the investigation, in 2016-2019 Nikitin, Rudnev, Turchak, Enfiadzhyan, Yankin and Kuznetsov received Technoserv more than 18 billion rubles rubles from the owners of these organizations Alexei Ananyev and Sergei Gordeev, as well as from Dmitry Radchenko and other employees subordinate to them as a bribe.

In December 2022, the Prosecutor General's Office clarified that, while the case against the ex-employees of the PFR and Dmitry Radchenko had already been submitted to the court for consideration on the merits, the investigation into Ananyev and Gordeev hiding from the investigation is still ongoing, they were put on the wanted list[6].

In relation to the accused Nikitin, Rudnev, Turchak, Enfiadzhyan and Yankin, in particular, a preventive measure was chosen in the form of detention. The last time they extended their detention in the pre-trial detention center in December 2022 - for 6 months, until June 9, 2023. The defendants, we recall, have been under arrest for more than two years.

In January 2023, they again tried to challenge the extension and achieve mitigation of the preventive measure, but to no avail.

From the appeal decision of the Moscow City Court of January 30, 2023, it follows that of the five above accused, only Konstantin Yankin admits his guilt.

File:Aquote1.png
... Yankin K.G., unlike the rest, pleaded guilty to receiving money..., - the words of his[7] are quoted in the ruling[8].
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Among the arguments of the defense of the accused about the need to soften their preventive measure is the fact that criminal proceedings have moved from the stage of preliminary investigation to the stage of consideration of the criminal case by the court of first instance. Accordingly, the circumstances that served as the basis for the election of a preventive measure earlier at the stage of preliminary investigation have lost their relevance.

The Moscow City Court, however, disagrees with these and other arguments of the lawyers and believes that Nikitin, Rudnev, Turchak, Enfiadzhyan and Yankin should continue to be detained, including on the basis of the severity of the charges brought against them.

File:Aquote1.png
The long stay of the defendants in isolation from society does not contradict the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the decisions of the European Court of Human Rights on reasonable terms of criminal proceedings, and also meets the requirements of Part 3 of Art. 55 of the Constitution of the Russian Federation, providing for the restriction by federal law of human and civil rights and freedoms to the extent that what is necessary in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other citizens, the Moscow City Court's appeal ruling also says.
File:Aquote2.png

2022

The accused in the case of corruption in the IT block of the FIU will remain in custody until the end of 2022

In early December, the Moscow City Court again extended the detention of six key participants in the FIU corruption case - the ex-head of the FIU procurement department, Alexandru Rudnev the former head IT of the FIU department, Dmitry Kuznetsov the ex-head of the FIU security department INFORMATION SECURITY , Evgenia Nikitin the ex-head of the Evgeny Turchak Konstantin Yankin FIU public services department, the former head of the FIU Interregional Information Center and the ex-head of the FIU automated information system infrastructure management department. About Rubenu Enfiajeanu this TAdviser reported in the Moscow City Court.

The new term of detention is designated on December 25, 2022.

Six defendants in the case have been in jail since October 2020. Thus, while awaiting trial in a criminal case, they have been there for more than two years. The defense of the defendants has repeatedly tried through the court to appeal the preventive measure, but so far to no avail.

In addition, one of the accused - Evgeny Turchak, in particular, in 2021-2022, while in jail, defended in court his right to telephone conversations with close relatives - minor children.

Beneficiary of Redsys IT integrator arrested in absentia on charges of bribing FIU employees

On September 21, 2022, it became known about the absentee arrest of the beneficiary of Redsys IT integrator Sergei Gordeev. He, according to Kommersant, has become a new defendant in the investigation of a criminal case of corruption in the Pension Fund of Russia (PFR). Read more here.

Accused in FIU IT block corruption case held for nearly 2 years as they await trial

The Moscow City Court, at the request of the investigation, extended the period of detention for the main participants in the corruption case in the FIU until October 1, 2022. About this TAdviser July 11 reported in the Moscow City Court. Six defendants in the case have been in jail since October 2020.

The lawyers of the accused once again appealed against the court's decision to extend the detention in the pre-trial detention center. The last appeal on July 11, 2022 was filed by the defense of the ex-head of the procurement department of the PFR, Alexander Rudnev. And before that, the complaints had already been filed by the lawyers of the former head of the PFR information technology department Dmitry Kuznetsov, the ex-head of the PFR information security department Yevgeny Nikitin, the ex-head of the PFR public services department Evgeny Turchak and the former head of the PFR Interregional Information Center Konstantin Yankin, the ex-head of the infrastructure management department of the PFR automated information system Ruben Efianjyan.

As the lawyer of one of the participants in the case told TAdviser, now the case materials are being studied by all parties to the process. In his opinion, the hearings on the merits are unlikely to begin earlier than September 2022.

With a new extension of the term of detention, the defendants will spend 2 years in the pre-trial detention center. The photo is newsru.com

Lawyer Denis Nikitenko, specializing in criminal and civil cases in the field of IT and telecom, explained to TAdviser that such long periods of detention in a pre-trial detention center in case of crimes against state power and the interests of the public service are found in practice. Although usually the investigation still takes less time, but when it comes to high-profile and principled cases, long-term detention in a pre-trial detention center is not uncommon. Moreover, even for the prosecution, this creates additional difficulties, since the decision to extend the investigation period must be signed by one of the deputy chairmen of the Investigative Committee of the Russian Federation or Alexander Bastrykin himself .

At the same time, according to the lawyer, if the court considers that the accused or their lawyers delay the process of familiarizing themselves with the criminal case after the completion of the investigation, then he can set a deadline for familiarizing himself with the case materials. The issue of changing the preventive measure always remains at the discretion of the court, which can replace it with house arrest at the next request to extend the period of detention.

It is worth noting that the large process is divided into several legal proceedings. So the cases of Yevgeny Nikitin, Alexander Rudnev, Evgeny Turchak and Ruben Efianjyan are combined into one process. Separately, the case of Dmitry Kuznetsov and Konstantin Yankin is being heard. All of them are charged under the article of the Criminal Code 290 part 6 (Receiving a bribe on an especially large scale).

At the same time, the former first deputy head of the PFR Alexei Ivanov and the ex-director of the department for work with state structures "Technoserv" Alexei Kopeikin, who pleaded guilty and made a deal with the investigation, in September 2021, by the decision of the Lefortovo court of the city of Moscow, received 4 years in prison with serving in a maximum security correctional colony. And Andrei Bogomolov, senior vice president of the Technoserv IT holding, Igor Kim, director of the Technoserv government department, and Vasily Vasin, ex-owner of the Redsys IT integrator, accused of giving a bribe, were released from criminal prosecution. (See blocks below for details)

The investigation into corruption in the FIU was completed, managers of IT companies who gave bribes were released

The Investigative Committee of Russia (TFR) has completed an investigation into the case of bribes during the informatization of the Pension Fund of Russia (PFR). This was reported by the Kommersant newspaper with reference[9] a source in the TFR on February 25, 2022[10]The investigation lasted more than two years.

A lawyer for one of the participants in the case confirmed to TAdviser that the investigation was completed. At the same time, he noted that so far the court date has not been set. Now all parties must begin to study the case file, this may take several months. How long the study of materials will last will depend on how many volumes are in the case.

According to the Kommersant newspaper, from February 21, 2022, the defendants began to be charged with the final version. At the same time, in addition to the accused, unidentified representatives of the "top management" of the fund, as well as employees of its public procurement department, appear in the case file.

On February 23, the TFR, referring to the note to Art. 291 of the Criminal Code of the Russian Federation (giving a bribe), according to which a bribe giver can be released from criminal liability if he actively contributed to the disclosure of a crime, stopped the criminal prosecution of some of the defendants in the case. Thus, the criminal prosecution against the former vice-president of the IT holding Technoserv"," Andrey Bogomolov director of the department for work with government agencies of the company Igor Kim and the ex-owner of the IT integrator was terminated. Redsys Vasily Vasin

At the same time, the first participants in the case who began to cooperate with the investigation - the former first deputy head of the PFR Alexei Ivanov and the ex-director of the department for work with government agencies Alexei Kopeikin - have already been sentenced to 4 years in a maximum security colony and began to serve their sentence.

Since October 2020, the former head of the department for organizing public services of the PFR Evgeny Turchak, the ex-head of the procurement department of the PFR Alexander Rudnev, the head of the information technology department of the PFR Dmitry Kuznetsov, the head of the infrastructure management department of the automated information system of the PFR Ruben Efianjyan, the head of the information security department of the PFR Evgeny Nikitin and the head of the Interregional Information Center of the PFR Konstantin Yankin.

2021

Participants in the bribe case in the PFR IT block were extended detention in the pre-trial detention center until April 2022

On December 23, the Moscow City Court extended detention for participants in the case of bribes in the FIU. Former head of the procurement department of the PFR Alexander Rudnev, former head of the infrastructure management department of the automated information system of the PFR Ruben Enfiadzhyan, former head of the information security department at the PFR Yevgeny Nikitin, as well as ex-head of the department for organizing the provision of public services and digital development Evgeny Turchak will remain in jail until April. The lawyer of Ruben Enfiajyan told TAdviser about this.

According to the lawyer, the hearing lasted for two days, although on the first day it became clear that there would be no mitigation of conditions. In April, the maximum permissible term of detention in the pre-trial detention center, where the defendants have been for more than a year, ends. In accordance with the law, the defense intends to appeal the verdict and appeal within three days.

Also on December 23, the detention in the pre-trial detention center was also extended to the former head of the PFR IT department Dmitry Kuznetsov and the ex-head of the PFR Interregional Information Center Konstantin Yankin, whose cases are considered separately. This was reported to TAdviser by the press service of the Moscow City Court.

Ex-deputy chairman of the PFR Ivanov and ex-manager of Technoserv Kopeikin received 4 years of strict regime for corruption

In September 2021, the Lefortovo Court of Moscow issued sentences in a criminal case on corruption to the former deputy chairman of the board of the Pension Fund of the Russian Federation Alexei Ivanov and ex-director of the department for work with state bodies "Technoserv" Alexei Kopeikin.

The Lefortovo court told TAdviser that Ivanov was found guilty of committing a crime under Part 6 of Art. 290 of the Criminal Code of the Russian Federation (taking a bribe on an especially large scale). He was sentenced to imprisonment for a period of 4 years with serving in a strict regime correctional colony, with deprivation of the right to hold positions in the civil service and in local self-government bodies related to the exercise of organizational, administrative and administrative powers for a period of 3 years.

Alexey Ivanov since July 2019 was first in jail, and then under house arrest "(photo - TASS)"

Kopeikin was found guilty of committing a crime under Part 5 of Art. 291 of the Criminal Code of the Russian Federation (giving a bribe on an especially large scale). He was also sentenced to imprisonment for a period of 4 years with serving in a strict regime correctional colony, with deprivation of the right to hold positions in the civil service and in local self-government bodies related to the exercise of organizational, administrative and administrative powers for a period of 3 years.

Alexey Kopeikin in court in July 2019 "(photo - Vedomosti)"

According to the Moscow court base, the defense of Alexei Ivanov and Alexei Kopeikin filed appeals against these decisions of the Lefortovo court.

The Criminal Code of the Russian Federation prescribes to count the time of the person under house arrest and in custody until the trial at the time of imprisonment. With the exception of certain categories of convicts, for example, in case of a particularly dangerous recurrence of crimes, being in a pre-trial detention center before trial is counted at the rate of one day per day of serving a sentence in a prison or correctional colony of strict or special regime. And two days under house arrest are considered to be one day in custody or imprisonment.

Thus, according to TAdviser estimates, taking into account the deadlines already spent in the pre-trial detention center and under house arrest, Alexei Ivanov will have to spend about 2 years and 6 months in the colony, and Alexei Kopeikin - about 2 years and 8.5 months.

According to the investigation, about which the Kommersant newspaper wrote, from April 28, 2017 to January 17, 2019, the deputy head of the PFR, Alexei Ivanov, received monthly bribes from representatives of Technoserv - a total of 4.4 million rubles were transferred to him, which qualifies as a bribe on an especially large scale. The mechanism for receiving bribes was as follows, the investigation believes: Alexei Kopeikin handed over to the official a Promsvyazbank card , which was then still owned by brothers Alexei and Dmitry Ananyev, and 200 thousand rubles were transferred to it every month. And in exchange for the company "Redsis" and "Technoserv," controlled at that time by Ananyev, they won tenders for the purchase of equipment, software development, as well as[11] provision of other services to the FIU[12]

The verdict to Alexei Kopeikin, published later on the website of the courts of general jurisdiction of Moscow[13]says that a number of identified persons, as well as other unidentified persons from among the employees of the FIU from January 2016 to April 2019, acting as part of an organized group, personally received A.M. from Kopeikin, as well as identified persons and unidentified representatives of Technoserv Group of Companies and RedSis Group of Companies, also acting as part of an organized group, a bribe in the form of money on an especially large scale in the amount of at least 217 100 000 rubles "for illegal actions, as well as for general patronage and connivance in the service."

Kopeikin in court in 2019, when he was sent under arrest, stated that he was the only breadwinner in a family with a newborn child and dependent retired parents. The defense insisted on his innocence, since "he did not know what was happening with his bank card," with which, according to investigators, bribes were transferred to the deputy head of the PFR[14] was[15] in[16].

The maximum terms that can be appointed by the court under the articles sane to Ivanov and Kopeikin, according to the Criminal Code of the Russian Federation, are up to 15 years in prison. Also, large fines could be imposed under these articles.

So, for example, in 2017, the Zamoskvoretsky court found the former Minister of Economic Development Alexei Ulyukaev guilty of receiving a bribe of $2 million (part 6 of article 290 of the Criminal Code of the Russian Federation) from the head of Rosneft Igor Sechin and sentenced him to eight years in a maximum security colony. For the same period, according to the verdict, the former minister is deprived of the right to hold positions in authorities and state corporations. In addition, the ex-official was then fined more than 130 million rubles.

2020

FIU criminal corruption defendants complain of slow investigation

Three defendants in the case of bribes in the FIU - the former head of the procurement department of the FIU Alexander Rudnev, the former head of the infrastructure management department of the automated information system of the FIU Ruben Enfiadzhyan, the former head of the information security department in the FIU Yevgeny Nikitin - and their lawyers at the consideration of the appeal in the Moscow City Court indicated that the investigative actions against them are delayed. This follows from the decision of the Moscow City Court published in August 2021 following the consideration of a collective appeal to mitigate the measure of restraint for four persons involved in the case of bribes in the FIU[17]

In addition to Rudnev and Enfiadzhyan, the appeal of the ex-head of the department for organizing the provision of public services and digital development Evgeny Turchak was considered at the same meeting.

All four have been in jail since October 2020, while an investigation is underway in the case in which they are accused under the article on receiving a bribe. The terms of detention of the accused were repeatedly extended at the request of the investigation, and they do not understand why they are still not released, for example, under house arrest.

The terms of detention of the accused were repeatedly extended

Lawyer Yevgeny Nikitin believes that the investigation is being conducted with red tape: he claims that his client was not interrogated from his indictment in October 2020 until the moment the complaint was considered in July 2021. At the meeting, he said that Nikitin was extended a preventive measure in the form of detention solely because of the severity of the imputed crime, which he considers illegal.

Also, Nikitin's defender said in the appeal that the court, in its decision to extend the detention, did not analyze the actual possibility of choosing a milder preventive measure for his client, did not indicate why a milder preventive measure should not be chosen against the person, in particular, house arrest.

Ruben Enfiajyan's lawyer claims that the initial stage of collecting and consolidating evidence has been completed, the investigative body is inspecting the already seized items and documents, and is also awaiting the results of responses to requests and instructions to the bodies carrying out operational-search activities. At the same time, no investigative and procedural actions aimed at finding, discovering and withdrawing any new evidence are planned by the investigation - this position of the lawyer is given in the published document.

Alexander Rudnev in his appeal notes that he has been in custody for more than 6 months, the investigation has not committed a single investigative action related to the investigation of the criminal case. And the court, satisfying the investigator's petition to extend the period of detention, did not examine the actual circumstances of the case, and the investigator's petition did not indicate any specific investigative action that should be carried out by the investigation within the specified period, Rudnev claims.

In turn, the lawyer Alexander Rudnev believes that there is an "artificial delay in the terms" of the preliminary investigation in order to further extend the period of detention.

The Moscow City Court, however, saw no reason to change the measure of restraint for the accused. The last extension of their detention in the pre-trial detention center was indicated by October 2021.

Ex-heads of IT divisions of the FIU will spend a year in custody, waiting for the completion of the investigation

In July 2021, five more defendants, Alexander Rudnev, Dmitry Kuznetsov, Yevgeny Nikitin, Konstantin Yankin and Ruben Enfiadzhyan, Evgeny Turchak and passing with him in one criminal case, extended their detention in a pre-trial detention center until October 1. TAdviser was informed about this in the Basmanny Court of Moscow.

If the lawyers of the accused fail to rescue their clients from custody, by October they will collectively spend almost a year in jail while the investigation is underway.

Attempts to challenge the court's decisions on the detention of the defendants in the case have already been made, but have not yet been crowned with success. One of them - from the lawyers Kuznetsov and Yankin - took place in April. The appeal ruling of the Moscow City Court, which considered the complaint published in the database of Moscow courts, sets out the impersonal positions of lawyers[18]. The defense considers the detention of Kuznetsov and Yankin in the pre-trial detention center unfair, including because they pleaded guilty, unlike some other defendants in the same case.

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The judicial decision violated the principle of justice, since the accused, who pleaded guilty and wanted to cooperate with the investigation, are subject to the same measures of criminal repression as other defendants who impede the establishment of the truth in the case. At the same time, decisions regarding the repentant and their procedural antipodes were made by the same judge, - the position of one of the lawyers in the appeal decision of the Moscow City Court is given.
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The second lawyer believes that the need to extend the period of detention is due to the ineffective organization of the investigation in the case, since it is extended "to carry out the same investigative actions."

The Moscow City Court, however, is confident that there are no grounds for conclusions about the inefficiency of the preliminary investigation and the presence of gross red tape in the investigation, given that a large amount of investigative and procedural actions are required, including the analysis of a large number of documents, the interrogation of a large number of persons and a significant number of participants in criminal proceedings. The investigation of this criminal case is particularly difficult.

Also, according to the Moscow City Court, the investigation took into account that the grounds for the detention of Dmitry Kuznetsov and Konstantin Yankin in the pre-trial detention center did not change and did not disappear, since they are accused of committing a particularly serious crime, for which a sentence of imprisonment for more than 10 years is provided. In this regard, as well as taking into account the data on the identity of the accused, there is still reason to believe that, being at large, they can hide, continue to engage in criminal activities, influence the participants in criminal proceedings, destroy evidence, otherwise obstruct the proceedings in the case, the Moscow City Court said.

Extension of pre-trial detention center to ex-heads of IT divisions of the Pension Fund

The Basmanny Court of Moscow extended the terms of detention for 3 months, until April 9, 2021, to six persons involved in the criminal case:

This TAdviser was reported in the Basmanny Court in January 2021. All these persons are in jail while the investigation is underway. Taking into account the extension, it turns out that together they will spend at least 6 months in the pre-trial detention center.

In the database of the courts of general jurisdiction of Moscow, a resolution of the Moscow City Court of December 23 on the appeal of Rudnev's defense against one of the decisions of the first instance to extend his detention was published. It cites some points from the position of the defense contained in the appeal of the lawyer. It follows from there that Rudnev does not admit guilt. Thus, his lawyer in the appeal indicated that he considers the arguments of the decision of the Basmanny Court unfounded, that his client did not commit the crime incriminated to him, "did not receive either personally or through intermediaries funds in the form of a bribe."

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The investigator misled the court, indicating that his guilt was supported by the evidence collected. The court did not check his arguments that there was no evidence of his guilt in the case file. The available evidence does not confirm the corpus delicti, the event of the crime, its involvement in the commission, - the position of lawyer Alexander Rudnev is given in the published document.
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But the Moscow City Court believes that, contrary to the arguments of the appeal, the materials presented indicate the existence of data on the validity of the client's involvement in the commission of the crime incriminated to him, since "an eyewitness pointed to him as a person who committed the crime."

The Basmanny Court examined the relevant materials, gave them a proper assessment, therefore, the validity of the accused's involvement in the commission of the crime incriminated to him by the court of first instance was checked, the position of the appellate instance was indicated.

The court of appeal also noted that it has no right to resolve questions about the presence in the actions of the accused of a particular incriminated crime, proof of guilt: these issues are resolved by the court of first instance when considering a criminal case on the merits. It will take place after the investigation of the case is completed.

The Moscow City Court found no reason to cancel the extension of Rudnev's detention in the pre-trial detention center. According to the appellate instance, the Basmanny Court came to the reasonable conclusion that the accused, "being at large, can hide from the investigation or the court, continue to engage in criminal activities, threaten the participants in criminal proceedings known to him, otherwise prevent the proceedings in the case."

According to other persons involved in text documents in the database of the courts, it was not published as of mid-January 2021.

Key IT leaders of the FIU became new defendants in the case

Since the beginning of October, a number of ex-leaders and two current leaders from the FIU at that time have been in jail, two sources familiar with the investigation told TAdviser. In particular:

  • former head of the PFR information technology department Dmitry Kuznetsov,
  • former head of the information security department of the FIU Evgeny Nikitin,
  • former head of the infrastructure management department of the automated information system of the FIU Ruben Enfiadzhyan,
  • Head of the Interregional Information Center of the PFR Konstantin Yankin,
  • Head of the Procurement Department of the FIU Alexander Rudnev,
  • ex-head of the department for organizing the provision of public services of the PFR Evgeny Turchak. On October 2, 2020, Evgeny Turchak was determined a preventive measure in the form of detention until December 1, 2020, the press service of the Basmanny Court told TAdviser. For the same period in the same case, the rest of the defendants were sent to the pre-trial detention center.

Read more here.

Ananyev's lawyer: there is no evidence of his involvement in the bribe case in the UK resolution

On October 6, 2020, the lawyer of the former co-owner of Promsvyazbank Alexei Ananyev, Alexei Kirsanov, told TAdviser that, having studied the decision to initiate a criminal case received from the Investigative Committee, he did not find any evidence of involvement in the Ananyev case.

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I have not seen a single evidence of involvement in Ananyev's criminal case, although I read the ruling very carefully. Not a single proof that Ananyev himself gave bribes to someone, gave someone money to give bribes or gave instructions to do so. Nothing like that is even close there. It gives only the opinion of the investigation, - Alexey Kirsanov told TAdviser
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Alexey Ananyev is not in Russia and, as far as the lawyer knows, is not going to return to the country in the near future.

Read more here.

Alexei Ananyev suspected of giving bribes to PFR employees

On October 5, 2020, it became known about the case initiated by the Investigative Committee of Russia against Alexei Ananyev. He is suspected of giving bribes to the Pension Fund of Russia (PFR) in exchange for patronage when concluding state contracts. Read more here.

Earlier, in July 2019, security officials detained Alexei Ivanov, the deputy head of the PFR, a former subordinate of Ananyev for Technoserv. Read more here.

Transfer to house arrest of Alexei Ivanov

The Basmanny Court of the city of Moscow transferred from the pre-trial detention center to house arrest until July 9, 2020, the former deputy chairman of the board of the Pension Fund of the Russian Federation Alexei Ivanov. This was announced by Interfax on June 5, 2020, with reference to the press service of the court. The[19]Read more here.

2019

Transfer to house arrest of Alexei Kopeikin

At the end of December 2019, the Mogorsud granted the appeal of the defense of Alexei Kopeikin against the decision of the Basmanny Court, issued in the same month, to extend his detention in the pre-trial detention center until March 9, 2020. From the decree published in the database of the courts of Moscow, it follows that Kopeikin will be under house arrest while the investigation is underway. Read more here.

Confession of guilt and letter of resignation of Alexei Ivanov

On July 12, it became known that Alexei Ivanov pleaded guilty and resigned from the post of deputy head of the Pension Fund. The executive secretary of the Public Monitoring Commission of Moscow Ivan Melnikov told TAdviser about this.

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The deputy head of the PFR, Alexei Ivanov, detained on suspicion of receiving a bribe, is being held in a two-seater cell of the IVS SVAO, Melnikov said. 'He told us he didn't complain about the conditions of detention
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The TASS agency later reported that Ivanov pleaded guilty to receiving a bribe for the patronage of Technoserv in the amount of 4.4 million rubles. This was announced on July 12 in the Basmanny Court of Moscow by the investigator.

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Ivanov wrote a confession in the case of receiving a bribe in the amount of at least 4 million 400 thousand rubles, - said the investigator. - The investigation asks to arrest Ivanov for a period until September 9
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The representative[20] Prosecutor General's Office, Sergei Demidov, said that immediately after the arrest, Alexei Ivanov made a confession, revealed the mechanism of the crimes committed, exposing both himself and other persons who participated in the corruption scheme, the Kommersant newspaper reported[21]

Read more here.

Another person involved in the case is the head of the department for work with government agencies of the Technoserv company Alexei Kopeikin

On July 11, 2019, TAdviser also became aware of the initiation of a criminal case against Alexei Kopeikin, director of the department for work with state bodies of Technoserv. He is suspected of mediation in giving a bribe (part 4 of article 291.1 of the Criminal Code of the Russian Federation). Read more here.

Detention of Deputy Head of the PFR Alexei Ivanov

On July 10, 2019, Deputy Chairman of the PFR Board Alexei Ivanov was detained by law enforcement officers on suspicion of taking a bribe (Article 290 of the Criminal Code of the Russian Federation), two sources told TAdviser. According to one of them, the detention was preceded by the seizure of documents in the FIU, as well as in the offices of its IT contractors - in the companies Technoserv and Redsis. Read more here.

Notes