Modern Medical Technologies (MMT)

The Modern Medical Technologies (MMT) holding is the new format of medical clinics combining the western standards of medicine with the most modern equipment.

The company cooperates with medical institutions of St. Petersburg and Moscow, Finland, Germany, Israel, Korea, the USA.

History

2019

Gennady Gridasov: the chief physician of Pirogovka intentionally prevented execution of the government contract by SMT company

On August 13, 2019 there was information that the former Minister of Health of the Samara region Gennady Gridasov was interrogated within listenings on criminal case about delivery of the nezaregistrovanny medical equipment. During interrogation he expressed opinion that Valery Kirillov holding a post of the chief physician of Pirogovka (GBUZ SGKB No. 1 of N.I. Pirogov) in 2016 intentionally interfered with execution of the government contract by Modern Medical Technologies company which director — Sergey Shatilo — as of August 13 is on a dock. The ex-minister considers that the conflict between it and Kirillov became an actual reason of failure from acceptance of the iOpen tomograph which is in working order. Read more here.

The co-owner of SMT company Sergey Shatilo appealed against sentence

On August 12, 2019 it became known that protection appealed against sentences pronounced to persons involved in criminal case about attempt of creation of cartel at an auction draw on maintenance of the iatrotechnics in 22 Samara hospitals for 728 million rubles. As defendants the co-owner of SMT company Sergey Shatilo, the ex-Deputy Minister of Health of the Samara region Albert Navasardyan, the employee of the regional Ministry of Health Maxim Kolobov, two employees of "SMT" – Alexey Sankeev and Alexey Bondarenok and also the staff of Gia Helskea Natalya Seredavina and Elena Lvova act.

Petitions for appeal of defendants came to court, – reported in the Samara district court, having emphasized that the pronounced sentence did not take legal effect. Consideration of complaints will take place in regional court, date of listenings is not appointed yet.

At the beginning of August, 2019 the lawyer Shatilo Alexander Paulov filed a short complaint to a sentence to the Samara district court.

The appeal of a sentence was not excluded also in GE Healthcare:

We take into account the decision of the Samara district court which pronounced a conviction concerning the acting and being staff of GE Healthcare. Employees and their lawyers will carefully analyze this solution and will consider of sales opportunity of the right to the appeal for comprehensive consideration of the case. GE Healthcare will also in detail study documents as soon as they become available. Observance of the Russian and international legislation and commitment to the principles of business ethics always were and will be key priorities of the company, – assured of the company.

The Ministry of Health of the Samara region refused to comment on a sentence, having referred to the fact that department was not involved as the third party in judicial proceedings^[1].

All defendants in the case about collusion when purchasing the medical equipment on 4 billion rubles in Samara are condemned

On July 31, 2019 it became known that the Samara district court imposed sentence to all seven defendants in the case about collusion at biddings on service and repair of the equipment in medical institutions of the Samara region.

So, the former Deputy Minister of Health of the Samara region Albert Navasardyan is sentenced to 3 years of imprisonment in standard regime penal colony.

The chief of the department of the organization of providing with medical equipment of the regional Ministry of Health Maxim Kolobov is sentenced to 2 years of imprisonment conditionally.

The director of Sovremennye meditsinskiye tekhnologii LLC (SMT, Samara) which won at biddings Sergey Shatilo received 3.5 years of imprisonment in standard regime penal colony. His deputy Alexey Sankeev - 2.5 years of imprisonment are conditional.

Shatilo Sergey Frantsevich

The senior engineer of service department of SMT Alexey Bondarenok - 2 years of imprisonment are conditional.

Two employees of Dzhii Helskea LLC (the Russian representative office of GE Healthcare - division of General Electric) Natalya Seredavina and Elena Lvova are sentenced everyone to 2 years of imprisonment conditionally.

In May, 2016 SMT LLC won an auction on a maintenance and repair of the expensive medical equipment, customers were more than 20 public medical institutions in the Samara region. Based on biddings the starting (maximum) price of contracts was reduced only by 2.5% and was 4 billion 253.8 million rubles.

In the same month the director of SMT Shatilo and its deputy Sankeev and also at that time the Deputy Minister of Health of the Samara region Navasardyan became suspects on criminal case about abuse of office and commercial bribery.

In February, 2017 FAS recognized the Ministry of Health of the Samara region, SMT, Gia Helskea and also TsEH-Zdorovye LLC and Medsimvol LLC guilty persons in conclusion of the agreements which limited the competition at biddings on service and repair of the equipment in medical institutions of area.

In March, 2017 announced FAS Russia criminal proceedings concerning the director and the associate director of SMT - according to Part 2 of Article 178 of the Criminal Code of the Russian Federation (competition restriction) about collusion at biddings in May, 2016 on service and repair of the equipment in medical institutions of the region.

These cases were consolidated later.

The main defendants in the case were the director of SMT Shatilo and its deputy Sankeev, the others pass in case as helpers.

The investigation found that before biddings SMT LLC with assistance of the staff of the regional Ministry of Health entered into a collision to the competitor - "TsEH-Zdorovye". As a result "TsEH-Zdorovye" refused participation in biddings in exchange for subcontracting from SMT for 180 million rubles.

According to investigators, SMT LLC could sign contracts with 23 medical institutions for the amount of 768 million rubles according to the results of an auction, as of August, 2017 income of SMT under these contracts was 161.7 million rubles.

Employees of Gia Helskea of Seredavin and Lviv are accused that they for the purpose of creation of visibility of the competition provided formal participation in an auction of Medsimvol LLC (it is liquidated in December, 2017). According to the investigators, they also advised the management of SMT and the deputy head of the regional Ministry of Health Navasardyan concerning creation of cartel.

Till 2017 SMT LLC for several years was one of leaders in volume of the received delivery contracts of the medical equipment in the region. In 2013-2016 SMT LLC won contracts for 4.9 billion rubles^[2].

Failure in transfer of the writ of appeal in board on judicial economic disputes

In March, 2019 the Supreme Court refused to transfer the writ of appeal of SMT LLC for consideration to board on judicial economic disputes.

The second victory in court against tax

On February 12, 2019 it became known that "Modern medical technologies" won already the second victory in trial of tax authorities, the arbitration court of the Samara region recognized illegal the decision of interdistrict IFTS No. 18 on the Samara region and cancelled it. Now the company has an opportunity to return itself about 30 million rubles which were illegally exacted from it by tax specialists according to the results of check of activity of SMT LLC for 2013-2015. For February 12 court's decision of the first instance did not take legal effect yet.

As of February, 2019 the director of SMT LLC Sergey Shatilo is a person involved on two criminal cases. In one of them — about the "cartel collusion" which was allegedly taking place — the economic crimes expert, professor of Higher School of Economics Gennady Esakov found in conclusions of the investigation a set of discrepancies to the penal statute. In the second, about delivery of the unregistered tomographs to hospital of Pirogov, there is also a set of the interesting moments. For example, the deputy chief physician of Pirogovka for an economic part said in court that results of work of inspection anyway would not be taken into account. And the chief physician Valery Kirillov refused the tomograph how he received the decision of two experts of the regional Ministry of Health that the tomograph issues good, clinically significant image. At the same time on one of two tomographs — to the expensive device of production GE Healthcare — Sergey Shatilo's company already indemnified loss, having returned money.

It is remarkable that the regional Ministry of Health tried to make bankrupt "Modern medical technologies" even in spite of the fact that the Ltd company repaid all had debt. Sergey Shatilo considers, as tax, both antimonopoly, and criminal cases are a part of operation on raider occupation of Heart clinic — one of the projects of public and private partnership, largest in the region, in the field of medicine.

The international medical center equipped with the latest technology had to close all needs of the Samara region for carrying out cardiac transactions. However several years the entrepreneur who was in time to invest about 2 billion rubles in the project should go on courts. In turn, construction of Heart clinic which had to service absolutely free of charge residents of the Samara region, is still frozen.^[3]

Gennady Esakov about case of the director of SMT: The agreement of subcontracting cannot be a subject of commercial bribery

On January 24, 2019 new details of "cartel case" to as which defendants there are connected the director of the company "Modern medical technologies" Sergey Shatilo, his deputy Alexey Sankeev, the Deputy Minister of Health of area Albert Navasardyan and four more persons became known. As the specialist the doctor of jurisprudence, the head of a chair of criminal law and criminalistics of the National research university "Higher School of Economics" Gennady Esakov pleaded at the Samara district court. Professor pointed to several critical discrepancies to the penal statute which were found it in case.

Gennady Esakov reported that he received a request from the lawyer Artur Bolshakov. The defender asked to answer a question: whether there corresponds to the penal statute qualification of the events which are mentioned in criminal case? Having studied a plot, the indictment, the resolution on criminal prosecution and also decisions of OFAS and arbitration court, Gennady Esakov answered negatively. At the same time the doctor of jurisprudence recognized that all documents submitted to him are original and contain reliable information. So assumed that charge could prove in court everything that is available in this case — actually, the worst option of succession of events for protection. And even in this case, according to Gennady Esakov, criminal case needs to be dismissed.

So, for example, professor pointed that the agreement of subcontracting cannot act as object of commercial bribery in any way:

According to the investigators, property rights became a subject of commercial bribery in the considered situation — Gennady Esakov said. — But the agreement of subcontracting carries mutual, but not unilaterally binding character. TsEH-Zdorovye LLC did not acquire a right to claim of 180 million rubles. Receiving the specified amount is put by the agreement into dependence on fair execution by Alexey Rogachyov's company of the obligations under the specified agreement — i.e., execution of works.

At the same time the doctor of jurisprudence supported the words with the quote from the resolution of the Plenum of the Supreme Court of the Russian Federation "About judicial practice on cases of bribery and of other corruption crimes". What is indicative, to this resolution there does not correspond one more conclusion of the investigation which belongs to assessment of the amount of commercial bribery.

This amount includes expenses on agreement performance and the profit of its execution — Gennady Esakov said. — It is legally absurd to consider as hypothetical commercial bribery the amount which is not remaining with "the bribed person", and spent within execution of contractual commitments.

In addition professor pointed to the fact that the specified amount is only the estimated cost of the agreement whereas final cost should be determined proceeding from the cost of all works performed on the agreement. At the same time the expert recognized that all submitted documents contain original information. So did not consider the fact that the agreement between TsEH-Zdorovye LLC and SMT LLC did not become effective.

Moreover, as Gennady Esakov specified, the legal entity — TsEH-Zdorovye LLC — is not a proper receiver of commercial bribery. His CEO though was the only participant of Ltd company, had no opportunity just like that to take away the money received from "Modern medical technologies" from accounts of the enterprise:

The statement that Alexey Rogachyov could receive, allegedly, from signing of the contract property benefit, is the speculative, hypothetical and not giving in to quantitative assessment assumption — Esakov said.

Professor found in case mismatch to the penal legislation not only regarding commercial bribery (Article 204 of the Criminal Code of the Russian Federation), but also regarding allegedly taking place to be "competition restrictions". Gennady Esakov emphasized that in the indictment there is no legal justification of the fact that economic entities are competitors.

For determination of the fact that "TsEH-Zdorovye" and SMT — competitors, is the corresponding techniques — Esakov said. — And the decision of OFAS in this case — not pre-judiction.

The doctor of jurisprudence also drew the attention of court to that fact that FAS issues a large number of decrees on cartels within administrative production, however there is no practice according to Article 178 of the Criminal Code of the Russian Federation ("Competition restriction") in recent years in Russia actually. And if standards of proof in both cases would be identical, then the number of solutions on criminal cases approximately would correspond to the number of solutions on administrative cases, the expert considers. Professor Esakov considers that qualification of the situation sorted in court according to Article 178 of the Criminal Code of the Russian Federation is incorrect as a number of legally significant circumstances was not set. Among which the determination of which is already mentioned slightly above whether subjects are competitors, factual determination of the conclusion between them the anti-competitive agreement and also establishment of that fact that this agreement led to increase, decrease or maintenance of the prices at biddings.^[4]

The specified circumstances are not set with sufficient completeness — it appears in the filed conclusion. — Also there are reasonable doubts in a possibility of their establishment.

2018

SMT won court against tax specialists according to the results of cameral check according to the declaration VAT

In December, 2018 "Modern medical technologies" were won against tax specialists in court — based on cameral check according to the declaration VAT, the court refused meeting requirements of IFTS.

The representative of Philips disproved the words of the principal witness of charge in the matter of the director of SMT

On November 21, 2018 in the Samara district court the last witnesses for the prosecution in the matter of the director of Sovremennye meditsinskiye tekhnologii LLC Sergey Shatilo, the ex-Deputy Minister of Health Albert Navasardyan and several more employees of SMT LLC, the regional Ministry of Health and GE Healthcare were interrogated. Among interrogated — the sales manager of Philips company Alexander Eremenko.

The representative of manufacturing company of heavy medical equipment disproved testimonies of the principal witness of charge, the director of TsEJ-Zdorovye LLC Alexey Rogachyov, regarding the description of the events which were taking place at a medical exhibition in Moscow in December, 2015.

According to Rogachyov, written in the protocol of judicial proceedings, the meeting with Sergey Shatilo was very short, literally several minutes. At it the director of SMT LLC allegedly very sharply was also negative to the idea of cooperation, having boasted on the conversation course of existence of a serious "administrative resource".

Answering questions of court on a video conferencing, the employee of Philips Alexander Eremenko told that the meeting which was taking place at the stand of his company lasted about 20 minutes. Were present at it, in addition to it and directors of SMT and "TsEH-Zdorovye", the deputy director of "Modern medical technologies" Alexey Sankeev and the head of department of service of Philips company Alexey Lebusov. At the same time Rogachyov, according to Eremenko, was represented by the director of the company of Medtekhlink. The conversation, according to the witness, had normal business character, he does not remember any references of "an administrative resource".

Alexander Eremenko's testimonies matched the version stated in court some time ago by the second interrogated employee of Philips Alexey Lebusov. According to him, no threats, stories about "an administrative resource" or sharp expressions from Sergey Shatilo existed — there was a conversation, typical for large exhibitions, where representatives of the different companies tell colleagues about the opportunities and make plans of cooperation.

The director of SMT LLC Sergey Shatilo also insists on the "peace" version of those negotiations. Moreover, on the audio recording of the first conversation of Shatilo made by field investigators of UFSB, addressing Rogachyov, says a phrase "it throughout our extreme conversation in Moscow...", then discussion of cooperation between their companies begins. This phrase not really keeps within Alexey Rogachyov's version: according to him, the conversation in a sharp form ended on very negative note.

Thus, Alexey Rogachyov's statements are already again refuted by the words of other witnesses or documentary.^[5]

The initiator of criminal case against the head of SMT was engaged in "pocket import" of spare parts for the iatrotechnics

Alexey Rogachyov is the director of TsEH-Zdorovye LLC and the principal witness of charge and the initiator of criminal case against Sergey Shatilo — was engaged in "pocket import" of spare parts for medical equipment, Andrey Smorodinov, the former development director of Medtekhlink LLC said on November 14, 2018 in the Samara district court (belongs to Alexey Rogachyov and his wife Irina Glotova).

In addition, the witness told about causes of failure of the head "TsEH-Zdorovye" from official cooperation with producers of the heavy iatrotechnics, namely — from passing to GE Healthcare companies of the procedure of compliance (from engl. compliance, check on compliance to any internal or external requirements or regulations). The global manufacturer of the GE Healthcare iatrotechnics shows to the companies, the official dealers who are going to become, a number of requirements. Among them — disclosure of information on products supply channels. And this point, according to Andrey Smorodinov, became "stumbling block" for Alexey Rogachyov who did not want to disclose to GE this information.

We went to GE Healthcare company and tried to improve the distributor relations — Smorodinov told court. — But Rogachyov as a result refused contractual relations with the producer. The matter is that when passing compliance it is necessary to specify affiliated firms, sources of the brought spare parts and it is a lot of other information. Rogachyov was afraid it to make.

It is remarkable that Alexey Rogachyov reported to court absolutely other data. According to him, his company fulfilled all requirements, however in GE left a request without answer. In return representatives of GE confirmed testimonies of the witness, having said that the procedure of compliance was begun, but is not complete for the reason that the applicant for the status of the distributor did not provide all information requested by the company.

In addition, Andrey Smorodinov told in court that his former chief looked for alternate paths of receiving spare parts for medical equipment. In particular, cooperated with the foreign companies bypassing an official channel of delivery of the parts certified for sale in Russia. As an example the companies from Turkey and Israel were called. At the same time, according to the witness, so-called "pocket import" was often used — when spare parts for difficult medical equipment got to the country, passing customs.

Andrey Smorodinov told about one of cases in more detail as his daughter was one of participants of the scheme:

Once Rogachyov asked my daughter living in Prague to bring the collimator. I did not imagine what the part is — Andrey Smorodinov told. — It turned out that it of the size of a half of a desk. At customs the spare part caused suspicions, when "raying" she very much reminded a rocket warhead. As far as I understood, this part to the airport was brought by several bearded men from Turkey and when it was handed over in baggage, all looked at my daughter very suspiciously.

Smorodinov's testimonies contradict Rogachyov's testimonies in one important point: the witness claims that the director of Workshop Health LLC asked it to arrange meetings with the Deputy Minister of Health of the Samara region Albert Navasardyan, and not vice versa, as Rogachyov claimed.^[6]

Thus, by November 14 three important facts became clear. First, Alexey Rogachyov was convicted that he reported to court a lie, having assured that his companies "never participated in the same auction" (on the website of state procurements several auctions 2014 and 2015 of years in which TsEH-Zdorovye LLC belonging to Rogachyov and his wife, Medtekhlink-Samara LLC and Medtekhlink Service LLC participated in different combinations and without the third participants were detected. The price of the played lots was from several hundred thousands to several million rubles.^[7]). Secondly, Rogachyov was engaged in "pocket import" of spare parts on unofficial channels — Andrey Smorodinov reported about it. And thirdly, its conjectures became a basis of the statement of Rogachyov in UFSB — in it the director of TsEH-Zdorovye LLC was recognized independently during the regular meeting in the Samara district court after listening of the audio recording of the first meeting with Sergey Shatilo made by field investigators.^[8]

SMT paid 29 million rubles of a penalty for collusion at biddings to the Samara Ministry of Health

The Modern Medical Technologies (MMT) company of Sergey Shatilo paid in 2018 about 29 million rubles of the penalties imposed by OFAS across the Samara region for participation in collusion at signing of the contract on repair of the medical equipment in medical institutions of the region. On March 6, 2019 the chief of the department of Federal Antimonopoly Service on the Samara region Leonid Pak reported about it. In turn, Gia Helskea who is also found guilty of collusion paid the a penalty in the amount of 100 thousand rubles, he added.

History began spring of 2016 when SMT won the next contract for a maintenance and repair of tomographs in 22 Samara hospitals for the total amount of 728 million rubles. The cost of the spare parts necessary for the serviced equipment, according to the tender documentation, exceeded 4 billion rubles.

In a month after the victory in office SMT and the regional Ministry of Health the staff of the Investigative Committee of the Russian Federation across the Samara region appeared suddenly with searches. Investigators announced Sergey Shatilo, his deputy Alexey Sankeev and the former Deputy Minister of Health of the region Albert Navasardyan suspected on two criminal cases — according to the Paragraph "and" of Part 2 of Article 204 of the Criminal Code of the Russian Federation (commercial bribery) and according to Part 1 of Article 286 of the Criminal Code of the Russian Federation (abuse of office). In addition to them, the senior engineer of service department of "SMT" Alexey Bondarenok, the CEO of service of Gia Helskea in Russia and the CIS Natalya Seredavina, the specialist with strategic clients of Gia Helskea Elena Lvova and the chief of the department of the organization of providing with the iatrotechnics of the regional Ministry of Health Maxim Kolobov are connected to the case.

After that the OFAS which established was connected to case that before carrying out tender SMT concluded collusion to competitors of TsEH-Zdorovye LLC and Medsimvol LLC, economic entity of Dzhii Helskea LLC, the organizer of biddings of GBUZ SOKB im. V. D. Seredavina and also to the Ministry of Health of the Samara region, and negotiations between SMT and "TsEH-Zdorovye" were organized by the Ministry of Health of the Samara region.

SMT tried to appeal against the decision of OFAS, however in August, 2018 lost the appeal.

Because of series of arbitration and criminal cases for four years construction of the Heart clinic cardiocenter as which investor SMT acted dragged on: credit obligations of the author and director of photography of the project exceeded 1 billion rubles, and concerning the company insolvency proceeding was initiated.^[9]

Failure in the appeal on court's decision on the claim to OFAS on the Samara region

On August 1, 2018 there was information that the Eleventh arbitration Court of Appeal dismissed the appeal of Modern Medical Technologies (MMT) company, having upheld the decision of arbitration court of the Samara region. Trial ended for one meeting which continued about 4 hours.

Within the meeting appellants repeatedly drew the attention of court that the OFAS across the Samara region did not provide concrete proofs of violations, referring to the fact that they "are available in case papers". Besides, there was left without answer a question of Denis Anisimov representing the interests of the head of SMT LLC Sergey Shatilo:

The OFAS claims that TsEH-Zdorovye LLC was offered to refuse participation in biddings in exchange on the agreement of subcontracting — the lawyer said on a debate — however it is made in the depersonalized form. So somebody. Whom exactly it is offered — a name, a surname, a position? In case papers there are no instructions on the one who when and under what circumstances made Alexey Rogachyov's companies (the director of TsEH-Zdorovye LLC — a comment of TAdviser) such offer. If in a withdrawal of OFAS there is such instruction, then the rights of the applicant will be infringed — it will have no opportunity to give explanations on this matter. But I believe that such information does not contain in a response.

According to appellants, SMT is a dealer of GE Healthcare, and, thus, should work with end consumers — in given a case, the regional Ministry of Health, explaining features of operation of this or that equipment, giving explanations on scheduled works. The OFAS considered such contacts of the buyer with the manufacturer representative the proof of cartel collusion though they happened for some time before the tender was announced, and were performed within its preparation.^[10]

Manufacturer representatives of the GE Healthcare iatrotechnics in return declared lack of the anti-competitive agreement and Alexey Rogachyov's failure to become the distributor of the company.

GE, certainly, had interest in these biddings — the representative of GE Healthcare company said. — But only as producer. To us all the same who will win an auction because the winner anyway will come to us for spare parts. We suggested TsEH-Zdorovye LLC to become our official dealer, but Rogachyov refused. Because then it should open to us a supply channel of spare parts, and he did not want to do it.[11]

On April 13 the Arbitration court of the Samara region dismissed Sovremennye meditsinskiye tekhnologii LLC of the claim to OFAS for the Samara region. The company tried to dispute resolutions of the anti-monopolists who noticed cartel collusion which allegedly led to competition restriction in actions of economic entities, the Ministry of Health of the Samara region and budget medical institutions.

According to claimants, and TsEH-Zdorovye LLC which had to perform together the large government contract by means of subcontracting the court considered business relations of "Modern medical technologies" collusion. At the same time the court did not take into account the fact that "WORKSHOP Health" at the time of negotiations with Sergey Shatilo's company already participated in an operational experiment and actually executed orders of security officers. However proofs that Alexey Rogachyov's company intended to participate in electronic biddings were accepted, having made a contribution of money to the account as tender security. Despite it, in court's decision the following is also specified:

Follows from case papers that as a result of collusion of SMT LLC and TsEH-Zdorovye LLC the last refused independent actions at biddings.

According to the statement of representatives of SMT, negotiations on subcontracting were conducted at least since the beginning of April, 2016, i.e. long before the date specified on the payment order about providing introduction — 4/28/2016. At the same time the last conversation between Sergey Shatilo and Alexey Rogachyov is dated also 4/28/2016. According to court it turns out that "TsEH-Zdorovye" paid participation in biddings just in day of final negotiations on the conclusion of subcontracting and, actually, on the same day "refused" independent participation.^[12]

Representatives of SMT LLC intend to submit the cassation to Arbitration court of the Volga region region.

Fine of 26 million rubles for participation in medical cartel

The Sovremennye meditsinskiye tekhnologii» (SMT) LLC company was fined 26 million rubles for participation in large medical cartel in 2016. Medsimvol LLC and The Center of Effective Surgery — Health LLC participated in cartel collusion, in addition to SMT, and as helpers employees of Dzhii Helskea LLC (the Russian representative office of GE Healthcare entering into General Electric), the Ministries of Health of the Samara region and the employee of the Samara regional clinical hospital of V.D. Seredavin acted. Leonid Pak, the head of the Samara OFAS told on July 23, 2018 about identification and suppression of activity of cartel. Read more here.

Completion of investigation and case referral of the director of SMT to court

On April 3, 2018 the Investigation department of the Investigative Committee of the Russian Federation across the Samara region announced completion of investigation of criminal case about commercial bribery and collusion within tendering on service of the medical equipment. The investigator brings together sufficient evidentiary base in this connection the criminal case file with the approved indictment is transferred to federal court of Samarsky district of the city of Samara, specified in management.

Act as defendants in the case: former Deputy Minister of Health of the Samara region Albert Navasardyan, chief of the department of the organization of providing with medical equipment of department of pharmacy, medical equipment and logistics of the regional Ministry of Health Maxim Kolobov, two employees "Dzhi And Helskea" Natalya Seredavina and Elena Lvova, director of the company "Modern Medical Technologies" (MMT) Sergey Shatilo, associate director on implementation and service activity of SMT Alexey Sankeev, senior engineer of service department of SMT Alexey Bondarenok.

It brings charges according to the Paragraph "and" of Part 2 of Article 204 of the Criminal Code of the Russian Federation (commercial bribery, a group of persons by previous concert), to Part 5 of Article 33, the Paragraph "and" of Part 2 of Article 204 of the Criminal Code of the Russian Federation (in an edition. Federal law of 5/4/2011 No. 97-FZ), Part 5 of Article 33, Part 3 of Article 30, Paragraph "and", "v" of Part 2 of the Part of Article 178 of the Criminal Code of the Russian Federation (attempt at competition restriction), Part 1 of Article 286 of the Criminal Code of the Russian Federation (abuse of office).

The main persons involved are the director of SMT Sergey Shatilo and his deputy Alexey Sankeev, the others are connected to the case as helpers.

Case against the employee of the Samara regional clinical hospital of V.D. Seredavin Elena Hryshchenko who was also accused of complicity is selected in separate production, specified to the Interfax Volga region agency in regional government of ICR.

According to the investigators, during the period from 2015 to 2017 Shatilo and Sankeev, using the official position, concluded between the managing rival subjects — SMT LLC and The Center of Effective Surgery — Health LLC ("TsEH – Health") — the agreement limiting the competition. On its conditions, "TsEH – Health" had to refuse participation in an electronic auction on execution of works on maintenance and repair of the expensive medical equipment installed in state-funded health institutions of the Samara region. In exchange SMT suggested the competitor to sign afterwards the agreement of subcontracting for maintenance of the medical equipment for the total amount of 180 million rubles.

According to Investigation department, Navasardyan and Kolobov during the repeated meetings with the director "TsEH - Health" and also as a result of directing to the subordinated employees, could achieve primary participation in the SMT auction. In turn, Seredavina and Lviv councils for questions of achievement of arrangements between SMT and "gave Shatilo and Sankeeva to TsEH – Health" about creation of cartel, conducted negotiations with Navasardyan on the help in this case, provided Shatilo information on the course of negotiations with Navasardyan and also for the purpose of creation of visibility of the competition provided formal participation in an electronic auction of Medsimvol LLC registered in the city of Kazan and liquidated in December, 2017.

As a result the TsEH — Health company did not participate in the auction on UEMP platform which took place in May, 2016 whereas SMT company was recognized by the winning bidder.

As the investigation found, the director of SMT then could conclude government contracts with 23 health facilities of the Samara region with a total cost over 768 million rubles that corresponds to the sum of the starting (maximum) price of the contract determined by the auction documentation. As of August 25, 2017 income of SMT under the specified contracts was about 161.7 million rubles. The company expected to receive the rest of income till December 31, 2018 (aggregate term of execution of works on the signed contracts would expire then).

According to data of the Investigation Department of the Russian Investigative Committee on area, crime was not finished as illegal acts concerning the director "TsEH - Health" were timely revealed and stopped by the staff of UFSB of Russia in the Samara region. Besides, a number of illegal actions was recorded by the staff of OFAS across the Samara region.^[13]

It is remarkable that till 2017 SMT for several years was one of leaders in volume of the received delivery contracts of the medical equipment in the region. At the same time, the company supports as the investor of construction of the cardiac center in Samara 3 billion rubles within the investment memorandum with the Government of the region. The cardiocenter was going to be handed over in 2016.^[14]

The indictment in the matter of the director of SMT

On March 29, 2018 it became known that the Prosecutor's office of the Samara region approved the indictment on criminal case about commercial bribery and collusion within tendering on service of the medical equipment. As defendants "Modern medical technologies", implementing in Samara the project on construction of the cardiac center "Heart clinic", Sergey Shatilo, his deputy Alexey Sankeev, the Deputy Minister of Health of area Albert Navasardyan and four more persons are connected to the case the director of the company.

Criminal case concerning them was brought in May, 2016 by the Investigation Department of the Russian Investigative Committee in the Samara region. Shatilo and Sankeeva suspect of commercial bribery (the Paragraph "and" of Part 2, Article 204 of the Criminal Code of the Russian Federation), and Navasardyan is accused of abuse of office (Part 1 of Article 285 of the Criminal Code of the Russian Federation).

The materials collected by OFAS of Russia across the Samara region formed the basis for initiation of proceedings. In particular, according to antimonopoly service, in May, 2016 the Ministry of Health of the Samara region, company "Modern Medical Technologies", "Center of Effective Surgery", "Medsimvol" and Gia Helskea and regional clinical hospital of Seredavin entered into a collision within holding open auction at the choice of service provider on service of the medical equipment for the amount over 4 billion rubles. Sergey Shatilo's company became the winner of the tender. Later FAS found the listed companies and organizations guilty in violation of the law about protection of the competition.

Afterwards one more criminal case — according to Article 178 of the Criminal Code of the Russian Federation (competition restriction) which then was united in one production with case of May, 2016 was brought. Except the above-named persons, among defendants in the case were mentioned: chief of the department of the organization of providing with medical equipment of the regional Ministry of Health Maxim Kolobov, head of department of the SOKB medical equipment of Seredavin Elena Hryshchenko and officials of Gia Helskea Natalya Seredavina and Elena Lvova.

In July, 2017 the Investigation department of ICR across the Samara region petitioned for Sergey Shatilo and Alexey Sankeev's premises under house arrest that "suspects, having extensive communications, can interfere with establishment of the circumstances which are subject to proof by impact on witnesses, including the subordinates", or "can disappear from investigation authorities and court". However the Samara district court did not satisfy the petition concerning Sergey Shatilo, and concerning Alexey Sankeev chose a measure of restraint in the form of pledge in the amount of 5 million rubles against which he appealed.

According to Alexander Paulov, the lawyer Sergey Shatilo, the suspect does not admit the charges brought to him, including them "completely forged". What the falsification fact consists in, Paulov did not specify, having referred to a subscription about nondisclosure of data of pretrial investigation.^[15]

2013: Opening

The SMT clinic on Rimsky-Korsakov, 87 opened on December 1, 2013.

Notes