Opanasenko Vsevolod Yuryevich

Opanasenko Vsevolod Yuryevich

Biography

Born April 2, 1972 in Moscow.

He graduated from the Russian State Technological University named after K.E. Tsiolkovsky with a degree in process engineering and (in 2000) the Financial Academy under the Government of the Russian Federation, specialty - "securities market."

In 1989, he worked as a leading engineer at the experimental design and industrial enterprise "Stork" at the Red Cross.

In 1991, he went into his own business, led Micronic, which at a factory in China assembled components for computers.

In 2002, he founded and headed the T-Platforms company, which produces supercomputers.

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

2019

Criminal case, arrest

March 27, 2019 Interfax^[2] that the Basmanny Court of Moscow arrested Vsevolod Opanasenko for two months. He was previously detained in an abuse of power case.

For the same period, another person involved in the case was arrested - the head of the communications department of the information technology communications department and. information protection Ministry of Internal Affairs of Russia Alexander Alexandrov

RBC, citing a press release from the court, reported that Opanasenko was charged with incitement to abuse (part 3 of article 33, part 3 of article 285 of the Criminal Code), and Alexandrova was charged with abuse of office with grave consequences (part 3 of article 285 of the Criminal Code of the Russian Federation)^[3]. Both persons involved in the case did not admit their guilt.

The fact that Opanasenko became a defendant in the case was previously written by Kommersant on March 27. According to the newspaper, the investigation filed a petition for his arrest on the evening of March 26.

Interfax, citing an informed source, reported that it could be about violations when concluding a contract between T-Platforms and the Ministry of Internal Affairs, as a result of which the budget was damaged.

In the fall of 2016, the Ministry of Internal Affairs announced a tender for the purchase of 9348 computers based on Russian Baikal-T1 processors for 357 million rubles. The Ministry of Internal Affairs signed a contract with T-Platforms, which supplied 1,837 computers for 71 million rubles. The rest of the Ministry of Internal Affairs refused to accept. "T-platforms" did not put a single computer on time, it followed from the documents of the FAS, which studied this transaction.

T-platforms tried through the Moscow Arbitration Court to force the ministry to accept the party, but they failed to do this. The court found that the T-platforms had disrupted the delivery dates. As the representative of T-Platforms told Vedomosti, this happened because the T-Platforms of Internal Affairs delayed the advance payment and did not provide the information necessary to fulfill the order. The FAS also considered these arguments, but, firstly, did not consider the lack of an advance a valid reason for non-fulfillment of the state contract, and secondly, it came to the conclusion that the necessary information of the company was provided.

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

According to a RBC source close to the company, earlier law enforcement agencies already had questions about Opanasenko because of the T-Platforms contract with the Solnechnogorsk Instrument-Making Plant (SPZ), which is part of Rostec. The case was closed for lack of corpus delicti, the source said.

This is not the first case related to the supply of IT to the Ministry of Internal Affairs. In 2018, as part of a criminal case on abuses during the installation of a unified intellectual system for ensuring activities (ISOD) of the Ministry of Internal Affairs of the Russian Federation, the founder of AT Consulting Sergei Shilov, the general director of the NTS Alexei Nashchekin and the acting head of the NPO Spetstekhnika and Svyaz (STiS) of the Ministry of Internal Affairs Andrei Nechaev were detained. In the spring of 2019, the criminal case was terminated, the investigation and the prosecutor's office did not find corpus delicti in the activities of businessmen and an official.

Attempt to appeal the decision of the Basmanny Court

On April 15, 2019, the Moscow City Court considered the appeal of the defense of Vsevolod Opanasenko, trying to appeal the decision of the Basmanny Court on the measure of restraint. According to Vedomosti, the defense asked the court to transfer Opanasenko from the pre-trial detention center to house arrest, but the Moscow City Court refused this^[4].

Opanasenko had guarantors. His lawyer asked to attach to the case documents characterizing Opanasenko and his company. In particular, a characteristic from the Ministry of Industry and Trade, which emphasizes that the company created by Opanasenko is one of the leaders in the Russian market for supercomputers and radio electronics. The arrest of Opanasenko jeopardizes a number of projects Baikal Electronics (a processor developer controlled by T-platforms) and T-Platforms, in connection with which the ministry petitioned for a change in the preventive measure so that he could continue to lead the company, the judge read out the description.

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

The Basmanny Court simply listed possible circumstances, did not refer to any of the pages of the case when choosing a preventive measure, lawyer Opanasenko said at the meeting: when choosing a preventive measure, the court was guided only by the severity of the crime.

Opanasenko said that he did not intend to hide, which is confirmed by the surrender of passports (a protocol for the seizure of two of his passports was attached to the case file). He also indicated that he was cooperating with the investigation, because he wants to "achieve the truth in the case," and did not understand why such a tough preventive measure was being tried on him.

As part of the same case, Alexander Alexandrov, head of the communications department of the information technology department of communications and information protection of the Ministry of Internal Affairs of Russia, was arrested. His Moscow City Court also refused to transfer under house arrest.

The court did not release Vsevolod Opanasenko from the pre-trial detention center either under house arrest or on bail of 20 million rubles

On August 14, 2019, the Moscow City Court considered the appeal of lawyers Vsevolod Opanasenko and the head of the communications department information technology of the communications department information protection Ministry of Internal Affairs of Russia Alexandra Alexandrova and against the decision of the Basmanny Court, which in July decided to extend their detention in the pre-trial detention center until October 25. Both of them are accused in the case of abuse of authority in the purchase of MINISTRY OF INTERNAL AFFAIRS production computers. T-Platforms

Alexandrova is charged with abuse of office with grave consequences (part 3 of article 285 of the Criminal Code of the Russian Federation), and Opanasenko - incitement to commit a crime and abuse of office with grave consequences (part 4 of article 33 and part 3 of article 285 of the Criminal Code).

The defense of Opanasenko and Alexandrova asked them to change the measure of restraint from detention to house arrest during the investigation in the case, but the court, chaired by Judge Selina, decided to uphold the decision of a higher instance, a TAdviser correspondent from the Moscow City Court said.

The interests of Opanasenko in court were represented by lawyer Dmitry Lyashkov. In addition to him, Opanasenko has 3 more lawyers, from whose names an appeal was filed. Alexandrov was represented in court by lawyer Nikolai Fateev, one of two lawyers involved in his case.

Vsevolod Opanasenko participated in the court session via video conferencing, and Alexander Alexandrov, according to the data voiced by the judge, did not want to participate in the court of appeal. At the same time, for some reason, the investigator, who was expected to participate, did not come to court either.

The meeting began with about a three-hour delay. In anticipation of its beginning, Vsevolod Opanasenko, who, like Alexandrov, is being held in SIZO-5, collected the Rubik's Cube. According to what could be observed on the video conferencing display, after a 5-month detention in the pre-trial detention center, Opanasenko looked very cheerful and glibly answered the judge's questions.

Defenders Opanasenko and Alexandrova, challenging the decision of the Basmanny Court, sought to dispel the arguments that formed the basis for the decision to extend their detention in the pre-trial detention center at the request of the investigation. From the brief content of the materials on the case under consideration announced by the judge, the investigation believed that, remaining at large, the accused could hide from the preliminary investigation and trial authorities, influence witnesses and other participants in the court proceedings, destroy evidence or otherwise obstruct the proceedings in the criminal case. In this regard, the court decided that there were no grounds for changing the preventive measure to a softer one.

Lawyers consider the decision to extend the detention of Opanasenko and Alexandrov in the pre-trial detention center illegal, unreasonable and unmotivated. According to the defense, neither the investigator in his petition nor the court in his ruling provided any real evidence to support these arguments. Regarding Opanasenko, in particular, one of the lawyers believes that the court decided to extend his detention, based only on the severity of the crime imputed to him.

Lawyers tried to convince the judge of the Moscow City Court that there were no grounds for the concerns expressed by the investigation. In short, the accused surrendered their passports, are tied to their places of residence by family and business ties and cooperate with the investigation, although they do not admit their guilt. Both have underage children.

As one of the arguments that Opanasenko would not be able to influence witnesses if released under house arrest, the fact that he had already resigned from the post of CEO of T-Platforms and now has nothing to do with the company's activities was announced. Alexandrov, in turn, was removed from office, and cannot influence witnesses as a leader.

As follows from the words of the lawyer, one of the reasons why Opanasenko should be transferred to house arrest is to provide him with the opportunity to more fully defend himself in court.

Opanasenko himself noted that the last 4 months that he is in a pre-trial detention center, investigative actions have not been carried out with him. The bulk of the investigation has already been carried out, key witnesses have been interviewed, he said.

The position of the defense to change the preventive measure for them to house arrest in court was also supported by the prosecutor Meshcheryakova present there.

As an alternative preventive measure for Vsevolod Opanasenko, lawyer Dmitry Lyashkov also offered to release him on bail in the amount of 20 million rubles. But, apparently, the arguments of the defense did not convince the court, and the July decision of the Basmanny Court was upheld. What motivated this decision, the court did not announce at the meeting.

Dmitry Lyashkov, in a conversation with TAdviser, noted that the defense plans to file a cassation appeal against the decision to keep his client in jail. However, while it comes to its consideration in court, the deadline set by the last decision of the Basmanny Court may already come, he expressed concern.

According to Lyashkov, Vsevolod Opanasenko does not complain about the conditions of detention. At the same time, he noted, it is difficult for protection and relatives to get to him in the pre-trial detention center due to the large number of people held there and the long waiting periods for meetings.

At the hearing, it turned out that during the investigation in the case, a forensic technical examination of samples of products that T-Platforms supplied to the Ministry of Internal Affairs was appointed. She was sent to the Federal Forensic Center, the deadline for completing the examination as of August is not known.

Position of Vsevolod Opanasenko: I regard the content in the pre-trial detention center as pressure for me to admit guilt

At the consideration of the appeal on changing the preventive measure for house arrest, the court gave the floor to Vsevolod Opanasenko. He was brief and began by stating that he did not plead guilty: "The charges against me are not true and do not apply to me."

Opanasenko noted that both himself and his family live in Russia, where he has a business and all assets and real estate. He also said that for 5 months he has not seen his young children.

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

Regarding the possibility of hiding, Opanasenko stressed that immediately after his arrest, he voluntarily handed over his passport and cooperates with the investigation, as he is interested in a "normal trial."

I want to note that since April 17, no investigative actions have been carried out with me, no at all. At the same time, as follows from the materials of the case, the main investigative actions for four months have already been carried out, the main number of witnesses has been interrogated, - he said

The entrepreneur added that samples of products that are in the federal expert center were sent for examination, and experts cannot be influenced.

Witnesses cannot also be influenced, Vsevolod Opanasenko is sure. He referred to the July decision of the judge, which indicates that he is the general director of T-Platforms and, having broad powers, including against those who are in official dependence on him, can influence them in order to change the testimony or refuse to testify. In this regard, he noted:

I am not the CEO. Two months ago, I wrote a statement, and the new CEO was appointed another shareholder, the state one (one of the shareholders of T-Platforms is VEB - approx. TAdviser), and is not affiliated with me. Therefore, firstly, what is written in the resolution does not correspond to reality, and secondly, I cannot influence in any way, and most importantly, I am not going to, especially since all the witnesses have already been interrogated

From the materials presented to the judge, it follows that on June 30, Alexander Viktorovich Grishchenkov was elected the new general director of T-Platforms with a term of office until June 30, 2020. Prior to that, he worked at T-Platforms as an executive director, and began his career at this company in 2008 as head of the administrative and economic department.

At the end of the exhibition, Opanasenko said that the case file regarding the discovery of the crime indicated that it had signs of Art. 159 part 4 (fraud committed by an organized group or on an especially large scale).

I do not understand why Part 3 of Art. 285 of the Criminal Code of the Federal Republic of Russia, what it has to do with me at all. And I regard this only in such a way that it was done in order to keep me in custody, because under Part 4 of Art. 159 of the Criminal Code of the Russian Federation, this probably could not have been done, - said the former general director of "T-Platforms," asking the judge to take this into account.

Opanasenko regards his stay in the pre-trial detention center for five months as pressure to obtain confessions from him. The entrepreneur is not going to admit guilt.

Human rights activist under the President Boris Titov called on the public to support Vsevolod Opanasenko

The Presidential Commissioner for the Protection of the Rights of Entrepreneurs Boris Titov on September 29 published on his Facebook page an appeal to the public with a request to support the founder and former general director of T-Platforms Vsevolod Opanasenko, who was arrested and has been in jail for more than six months.

Titov expressed bewilderment that Opanasenko was being held in custody. He criticized the examination carried out by the prosecution and which recognized the T-Platform computers supplied by the T-Platforms of Internal Affairs that did not meet the terms of reference. Boris Titov pointed out that the defense of Opanasenko attracted RCC from Moscow State University, IPS RAS and FSUE "Research Institute of Radio Measuring Devices" for examination, who confirmed that the delivered equipment meets the task.

But the investigation ignored these conclusions. And he brought the accusation: Opanasenko incited an employee of the Ministry of Internal Affairs, who was responsible for the procurement, and he, in turn, abused his official powers, the human rights activist writes on his page.

Boris Titov calls Vsevolod Opanasenko Russian "jobs" "(photo - Vladimir Gerdo/TASS)"

Titov also recalled that immediately after his arrest, Opanasenko handed over his passport, submitted to the court applications from the Ministry of Economic Development and the Ministry of Industry and Trade, from several academicians of the Russian Academy of Sciences. Later, he offered a deposit of 20 million rubles. And even the prosecutor at the trial regarding the preventive measure Opanasenko did not agree with the investigator and insisted on house arrest, the human rights activist writes. But the court, Titov says, did not take into account a single argument, and for six months now the builder of supercomputers has been behind bars in a pre-trial detention center.

What's the point of keeping him in custody? The other day I again appealed to the General Prosecutor's Office with a request to check both the validity of the criminal prosecution of Opanasenko and the validity of the preventive measure for him. Let's connect public opinion? Help, spread the word! Will we not offend our Russian "jobs"?!, Boris Titov urged his readers on Facebook.

Extension of the term of detention in the pre-trial detention center

On October 22, the Moscow City Court refused to satisfy the cassation appeal of Vsevolod Opanasenko's defenders against the decision made in July to extend his detention until October 25. This was reported to TAdviser in the Moscow City Court.

On October 23, information appeared in the file of court cases that the Basmanny District Court of Moscow granted the request of the investigation to extend the term of Opanasenko's detention in the pre-trial detention center. The entrepreneur is planned to be kept in custody for another 3 months.

The previous time in July, the investigation also petitioned to leave Opanasenko in jail for the same period. According to Part 2 of Article 109 of the Code of Criminal Procedure of the Russian Federation, if it is impossible to complete the preliminary investigation in 2 months, then in the absence of grounds for changing or canceling the preventive measure, in cases of particular complexity of the criminal case, this period can be extended by the district court to 12 months.

In a ruling on the appeal in August, the court noted the special complexity of the investigation of the criminal case of Vsevolod Opanasenko, linking it with the implementation of "a significant amount of investigative actions and operational-search measures, the need for complex and long-term expert research."

Two days before the extension of the term of detention, Boris Titov, the Presidential Plenipotentiary for the Protection of the Rights of Entrepreneurs, reported that he had turned to Vladimir Putin with a request to instruct him to check the validity of the criminal prosecution of Vsevolod Opanasenko. Titov not only disagrees with the justification of the charges brought against Opanasenko, but also believes that the investigating authorities unreasonably qualified the acts imputed to him.

The investigating authorities unreasonably qualified the acts imputed to Opanasenko under Article 285 of the Criminal Code of the Russian Federation, the subject of which can only be officials in state bodies and organizations, Boris Titov wrote in his address to the president. - The consequence did not take into account the presence in his actions of obvious signs of entrepreneurial activity. The incorrect qualification of Opanasenko's deed entailed the election of a preventive measure against him in the form of detention, which has not yet been changed.

2020

Extension of arrest until March 24

On January 22, 2020, the Basmanny Court extended the arrest of Vsevolod Opanasenko until March 24. Thus, the founder of T-Platforms will spend more than a year in prison.

The prosecutor asked to appoint Opanasenko house arrest. According to him, the detention in the isolation ward is an excessively tough measure for the entrepreneur.

Basmanny court extended the arrest of Vsevolod Opanasenko until March 24

The accused is not accused of a non-violent crime and is clearly not dangerous for society, and therefore the prosecutor's office does not see the need for his detention in the isolation ward, he said.

However, in the end, the court listened to the position of the investigator and extended the conclusion, and the petition to transfer Opanasenko to house arrest was not granted.

According to Opanasenko's defense, the investigation does not pay attention to the evidence provided by them that the Ministry of Internal Affairs received the Baikal-T-1 processors developed by the T-Platform, and actively uses them for its work. In particular, it is on these computers that the exams for driver's licenses are passed.

According to Vedomosti, Vsevolod Opanasenko's lawyer Natalya Salnikova provided the court with the results of a linguistic examination of the negotiations between the businessman and the head of the communications department of the information technology department of communications and information protection of the Ministry of Internal Affairs of Russia Alexander Alexandrov. The investigation believes that Opanasenko decided to gain an advantage in concluding a state contract and persuaded Alexandrov to commit a crime. According to the results of the examination, the experts did not find any signs of conspiracy or collusion, which indicates the lack of corpus delicti.

The head of the Association for the Protection of Business Alexander Khuruji, who consistently opposes the criminal prosecution of Opanasenko, came to court to support the head of T-Platforms.^[5]

Partial removal of seizure from property

On February 12, the Moscow City Court partially satisfied the appeal of the defense of Vsevolod Opanasenko about the earlier decision on the arrest of his property, TAdviser was told in court.

The arrest of Opanasenko's property was imposed by the Basmanny Court in October 2019. It affected real estate owned by the entrepreneur and two units. transport The Moscow City Court could not clarify TAdviser what kind of real estate in question.

According to a representative of the Moscow City Court, the arrest was removed from the real estate, and the case on this issue was sent for reconsideration to the Basmanny Court. And two vehicles Opanasenko remain under arrest.

VEB brought a colossal lawsuit against the arrested head of T-platforms

The State Corporation for the Development of ВЭБ.РФ (formerly VEB, Vnesheconombank) filed a lawsuit with the Moscow Arbitration Court against Vsevolod Opanasenko, the founder of the T-Platforms supercomputer company, who is in custody. The defendant is Opanasenko V. Yu. Without any other legal details. However, the fact that we are talking about this particular businessman is clearly indicated by the fact that T-Platforms JSC was declared as a third party^[6]

The amount of the claim is set at 1.54 billion rubles. The application has not yet been accepted for production, so there are no other details in the file of arbitration cases yet.

Transfer from pre-trial detention center to house arrest

On March 18, the Moscow City Court issued a decision to refuse to satisfy the petition of the investigation to extend the term of detention of Vsevolod Opanasenko, according to information published on the website of the Moscow courts. According to the TASS agency, Opanasenko's preventive measure was changed to house arrest.

The Moscow City Court refused to extend the arrest of Opanasenko for three months and transferred him to house arrest for the same period, - quotes TASS Dmitry Lyashkov, the lawyer of the accused[7].

The press service of the Moscow City Court reported that the second person involved in the case, former employee MINISTRY OF INTERNAL AFFAIRS Alexander Alexandrov, was also transferred to house arrest until June 26.

Earlier, business ombudsman Boris Titov appealed to Deputy Prosecutor General Alexander Buksman with a request to soften the measure of restraint for the founder of T-Platforms. The head of the Presidential Council for the Development of Civil Society and Human Rights Valery Fadeev also openly spoke out against the detention of Vsevolod Opanasenko in the pre-trial detention center.

Lawsuit for 350 million rubles from the Ministry of Internal Affairs

In June 2020 MINISTRY OF INTERNAL AFFAIRS Russia , he filed a lawsuit against Vsevolod Opanasenko, demanding to recover T-Platforms 350 million rubles from the general director and founder.

As Opanasenko's lawyer Natalia Salnikova explained to RAPSI, the amount of this civil claim coincides with the amount of alleged damage from Opanasenko's actions.

According to the state prosecution, the company transferred equipment that does not meet the technical requirements of the Ministry of Internal Affairs. The amount of the state contract - more than 350 million rubles, was qualified as damage, - she said.

On June 11, 2020, the Meshchansky Court of Moscow began considering a criminal case against Opanasenko (right in the photo above) and the ex-head of the communications department of the Department of Information Technologies of the Ministry of Internal Affairs of Russia Alexander Alexandrov (left in the photo) on the merits. The next meeting is scheduled for July 10.

I do not understand what I am accused of, - said Vsevolod Opanasenko (quoted by Interfax) in court. - I executed the contract, the equipment was delivered to the places, and it works. What is the fraud? Or am I accused of stealing money for a fulfilled contract? But this is stupidity!.

Natalia Salnikova believes that the case contains a number of procedural violations. For example, the accusation itself against the head of the T-Platforms is not specified, it does not indicate what exactly the entrepreneur did illegally. 

We believe that the processors supplied under the contract meet the requirements of the contract. If representatives of the Ministry of Internal Affairs believe otherwise, then this dispute can be resolved within the framework of civil proceedings and should not become the subject of a criminal case, she said.

Salnikov stressed that all automated stations by June 2020 are operated by the Ministry of Internal Affairs, in particular, the traffic police accept exams for knowledge of traffic rules.^[8]

The founder of T-Platforms is not allowed to visit the hairdresser and monastery

The lawyers of the founder of T-Platforms Vsevolod Opanasenko and the ex-head of the communications department of the IT, communications information protection MINISTRY OF INTERNAL AFFAIRS and Alexander Alexandrov, whom the court sent from the pre-trial detention center to house arrest in March 2020, are trying to mitigate the conditions of the chosen preventive measure. Thus, an appeal decision of the Moscow City Court of July 30 was published in the database of the courts, from which it follows that Dmitry Lyashkov, lawyer of Vsevolod Opanasenko, asked the court to provide his client with the opportunity to visit the salon-hairdresser and monastery, as well as walks. According to the lawyer, such measures to mitigate house arrest are due to "the need to exercise rights that are not subject to restriction."

In turn, Alexandrov's defense asked the court to consider applying certain actions to his client as a preventive measure. And if it is impossible to change the measure of restraint, allow him to communicate with persons "not involved in this criminal case" and use the Internet for remote work. The lawyer justified the need for this by the fact that Alexander Alexandrov has children, but he is unable to support them, since he does not work.

Vsevolod Opanasenko has been under house arrest since March 2020 "(photo - Stoyan Vasev/TASS)"

However, the court saw no reason for the defendants to change the preventive measure to another, softer, and to mitigate the prohibitions and restrictions previously established for each of them. The list of established restrictions is not given in the resolution. It is quite typical when a house arrest is imposed a ban on the use of means of communication, with the exception of calling emergency services by phone, restriction of the right or prohibition to leave the residential premises, restriction of communication with other persons, etc.

House arrest was applied to Alexandrov and Opanasenko as a preventive measure, taking into account the severity of the unlawful acts incriminated to each of them, data on the personality of each of them, as well as other noteworthy information, the court said, having considered the arguments of lawyers.

The circumstances that were taken into account when choosing a preventive measure against Alexandrov and Opanasenko have not yet disappeared and have not changed, - the position of the court is explained in the decision of July 30.

The criminal case, in which Opanasenko and Alexandrov are accused, at the end of April 2020 was submitted for consideration on the merits to the Meshchansky District Court.

In May 2020, during a preliminary hearing in the case, the judge granted the prosecutor's request to extend the period of stay of the accused under house arrest for 6 months, until October 30, 2020, while maintaining the prohibitions and restrictions previously established for each of them.

Arbitration recognized the claims of the Ministry of Internal Affairs to "T-Platforms" unfounded

On September 4, 2020, it became known that Moscow Arbitration Court he recognized the claims against MINISTRY OF INTERNAL AFFAIRS Vsevolod T-Platforms Opanasenko JSC as unfounded. The court concluded that the computers supplied to various departments of the ministry comply with the declared technical characteristics and conditions of state contracts, writes "."Kommersant

The court took into account the testimony of witnesses from the MREO units - they argued that the supplied computers work normally and with their help exams are accepted from future drivers. In this regard, the Moscow Arbitration Court decided to declare the claims of the Ministry of Internal Affairs insolvent and reject the claim.

The Ministry of Internal Affairs demanded to replace, according to the department, the Tavolga terminal devices with the Baikal-T1 processor, manufactured and supplied by T-Platforms, which do not meet the declared technical characteristics and conditions of state contracts. The cost of the supplied equipment amounted to 357 million rubles.

The Moscow Arbitration Court found the claims of the Ministry of Internal Affairs against T-Platforms unfounded

The decision of the Arbitration Court casts doubt on all the claims of the Ministry of Internal Affairs and the actions of the TFR, said lawyer Alexander Popov, who represented T-Platforms in court.

The victory in the Arbitration Court speaks of the insolvency of similar claims of the Ministry of Internal Affairs and in the framework of a criminal case, which is now being considered by the Meshchansky District Court of Moscow against Vsevolod Opanasenko and the head of the Department of Information Technologies, Communications and Information Protection of the Ministry of Internal Affairs of Russia Alexander Alexandrov, the lawyer said.

The criminal case of Alexandrova and Opanasenko has already entered the Meshchansky District Court of Moscow and will be considered on September 16, 2020. Both defendants deny any guilt.

As the newspaper notes, the decision of the Arbitration Court in accordance with Art. 90 of the Code of Criminal Procedure ("Preudition") will have to take into account the Meshchansky District Court. If the verdict in the criminal case turns out to be guilty and passed before the entry into force of the arbitration decision, then the defense will have every reason to review the newly discovered circumstances.^[9]

The lawyer of the founder of T-Platforms said that prosecution witnesses spoke in his favor

The Meshchansky District Court continued to consider the criminal case of the founder of the company T-Platforms , Vsevolod Opanasenko, and an employee. MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION Alexandra Alexandrova At a meeting on September 2, two prosecution witnesses were questioned in court, Natalya Salnikova, Opanasenko's lawyer, told TAdviser.

One of the witnesses was the former commercial director of T-Platforms Igor Glukhov, the other was a former Interior Ministry officer subordinate to Alexandrov, Alexei Moskvin.

The court hearing with the interrogation of witnesses lasted several hours. However, according to Natalia Salnikova, the investigation interrogated them for much longer - for several days. However, the court questioned the witnesses more thoroughly than the investigation questioned them, she says.

In their testimony, the witnesses voiced the details of the conclusion and execution of the state contract of the Ministry of Internal Affairs and T-Platforms, Salnikova said. At the same time, despite the fact that the witnesses were from the prosecution, according to the lawyer, their testimony testified in favor of Opanasenko and Alexandrov, speaking of the absence of a crime.

From the interrogation, such circumstances of the case as, for example, the fact that there were no complaints about the quality of the supplied computers became obvious. This was confirmed by both one and a second witness. Another circumstance is that Opanasenko and Alexandrov did not give any illegal instructions to either witness during the organization of the competition and the execution of the contract. The prosecution's version is that both Opanasenko and Alexandrov gave illegal instructions to their subordinates. Witnesses deny any illegal direction. So, the investigation is convinced that Opanasenko gave an order to Glukhov to coordinate the terms of reference with the Ministry of Internal Affairs, Glukhov denied this fact, - said Natalya Opanasenko.

Also, according to him, during the meeting, Alexei Moskvin confirmed that the need for the purchase of T-Platforms equipment from the Ministry of Internal Affairs really took place, and the investigation claims the opposite.

The next court hearing is scheduled for September 16. Other witnesses will be questioned by the court.

A witness from the traffic police in the trial of the founder of T-Platforms spoke about the freezing of computers based on Baikal processors

On September 16, the Meshchansky District Court continued to consider the criminal case of the founder of the company T-Platforms Vsevoloda Opanasenko and an employee. MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN Alexandra Alexandrova At the meeting, a representative of the traffic police unit operating the equipment supplied by the Ministry of Internal Affairs by the manufacturer, as well as a representative of the Ministry of Internal Affairs unit informed about this supply, testified.

Also at the meeting were both accused - Vsevolod Opanasenko and Alexander Alexandrov. The first throughout the meeting remained silent, the second - actively asked clarifying questions to witnesses.

The employees of the traffic police units who testified were Rostislav Pavlov, senior engineer of the information support department of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for the Moscow Region, and Vyacheslav Peregudov, senior inspector of the department for the development of information technologies and technical means in the field of road safety of the Main Traffic Safety Directorate of the Ministry of Internal Affairs of Russia. Note that in general, according to Aleksandrov's lawyer Vladimir Seroshtan, about 140 witnesses are involved in the case.

According to Rostislav Pavlov, before the automated workplaces (AWS) with processors Baikal T1 supplied by T-Platforms, the regional traffic police department used various imported computer equipment based on. operating system Linux Some of this equipment was redistributed and transferred to another traffic police unit. Further, the management received new AWS from T-Platforms.

Now in the Moscow region, mainly - eighty percent - of examination classes work at the Tavolga terminals, - Rostislav Pavlov informed.

When the new automated jobs came, I took one of them to try. I honestly didn't really like the performance. Therefore, our recommendation was to use these workplaces as terminals for examination classes, since in this case superpower is not required, - said Rostislav Pavlov.

Until a certain point, the delivered AWS were not used by the department, some of them were issued to combat units: an attempt was made to use them to enter administrative information.

However, due to the large number of comments of the inspectors and their requests to return the previous equipment, the new AWS were removed. Some were left to work with the Internet, the rest were removed. Then the team came to update the classes and put all the Tavolga terminals in them. Now in the Moscow region, mainly - eighty percent - of examination classes work at the Tavolga terminals, - Rostislav Pavlov informed.

The inspectors' comments regarding automated workplaces with Baikal T1 processors, according to him, concerned their low performance, the difficulty of mastering the configuration and periodic freezing of computers. At the same time, he noted that this kind of hanging is from the category of those that can occur in a mobile phone of an ordinary user. What kind of freezes he did not explain.

Pavlov also drew attention to the fact that not all of the delivered AWS are now used by the regional traffic police department. In particular, this is due to the fact that initially the installation of the operating system did not start on some equipment - 2-3% of the total - as a result of which it was not put into operation for a long time - about one and a half to two years.

Why we did not immediately put into operation the AWS. When we switched to federal software, we had to make encrypted communication channels. This was done not through the ViPNet Client, but through the ViPNet Coordinator. Thus, the examination classes were reconfigured. After we tried the first ten AWS, we simply did not break a certain scheme in order to reinstall the equipment - to install Tavolga terminals, which did not give us any noticeable effect, or any advantages, - explained Rostislav Pavlov.

According to him, the department had to install Tavolgi only where the old scheme stopped working in the process of failure of equipment that had nothing to replace.

After that, we gave the command to go to the Tavolga terminals, - said Rostislav Pavlov.

Vyacheslav Peregudov notified the court that he does not have any information about the supply and operation of automated workplaces with Baikal T1 processors. Also, he is not aware of any documented complaints about these AWS. He only told the court about how the work with computer equipment was built in the Main Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia.

The founder of T-Platforms is trying to make peace with VEB in a dispute over 1.5 billion rubles

On October 20, 2020, the press service of the Gagarinsky District Court TAdviser reported that during the meeting held on the same day, Vsevolod Opanasenko submitted to the court a draft settlement agreement with Vnesheconombank (VEB).

In this regard, the meeting was postponed by the court until November 16, 2020. The details of the draft settlement agreement were not provided by the press service of the TAdviser court, saying that the disclosure of the information contained in it was impossible until the next meeting.

Denis Ionov, who represented Opanasenko in court, confirmed to TAdviser that a draft settlement agreement was submitted by his principal during the trial, as well as that the meeting was postponed due to this fact. However, he also did not disclose any details of the draft TAdviser document.

Today, the court session was postponed due to the fact that attempts are currently being made to find some kind of compromise in this controversial legal relationship, "Denis Ionov told TAdviser.

The VEB press service did not provide comments at the time of writing TAdviser.

Vsevolod Opanasenko asked to cancel house arrest in order to get a job. He has two young children

In December 2020, lawyers Vsevolod Opanasenko and Alexander Alexandrov again tried to achieve a change in house arrest for their clients for milder preventive measures. For example, a recognizance not to leave or a ban on certain actions. In the Moscow City Court, the defenders challenged the earlier court ruling, which extended Opanasenko and Alexandrova term under house arrest until January 31, 2021.

One of the arguments cited in court by the lawyers of the founder of T-Platforms speaks of his intention to find a job. This follows from the appeal decision published in the database of the courts of Moscow.

Currently, Opanasenko intends to get a job, he is an authoritative specialist in the field of radio electronics, has been repeatedly encouraged for achievements in this area of ​ ​ activity, - the argument of lawyer Dmitry Lyashkov, in particular, is indicated in the decree.

The issue of employment arose during the trial: according to the Moscow court base, as of December 2020 and January 2021, the consideration of the case continues, witnesses are being interrogated.

The term of being under house arrest of Vsevolod Opanasenko has been repeatedly extended

Earlier, at the end of November 2020, information appeared on the IT market that T-Platforms came out of bankruptcy, began to return to life and began to hire new employees. The CNews portal associated this with a large deal related to the "daughter" of the organization, the Baikal Electronics company, which develops^[10].

Opanasenko is not convicted, married, has two young children, permanently lives in the city of Moscow in a residential building owned by him, lawyer Lyashkov also said in court.

As another argument, the defender cited the fact that the defendant Opanasenko was positively characterized by Anatoly Chubais, at that time - the chairman of the board of Rusnano. It should be noted here that in judicial practice this is not the first reference to the positive characteristics of Chubais in criminal cases. So, for example, in June 2020, he sent a personal guarantee to the court in defense of the interests of the general director of RVKAleksandr Povalko, who is charged with abuse of authority.

In turn, lawyer Matryuk argued in court that the need to extend the stay of Vsevolod Opanasenko under house arrest was justified only by the severity of the charges against him. But the decisions previously made by the arbitration courts cast doubt on the argument of the court of first instance about the severity of the crime incriminated to Opanasenko, the defender believes.

Currently, the circumstances that served as the basis for the election of a preventive measure against Opanasenko - house arrest, have changed significantly, - the argument of lawyer Matryuk is given in the resolution.

The appeal ruling, however, does not explain exactly what has changed.

However, the court did not agree with the arguments of the defense.

The circumstances that were taken into account when applying to Alexandrov and Opanasenko as a measure of restraint of house arrest have not yet disappeared and have not changed, the judge's position is indicated in the decision.

The materials of the judicial audit contain specific factual data confirming the validity of the suspicion of the involvement of Alexandrov and Opanasenko in the unlawful acts incriminated to each of them, the court believes. As a result, the lawyers' complaint was denied.

It is worth noting that the prosecutor, who was present at the hearing on the appeal, also believed that the decision to extend the term of house arrest of Opanasenko and Alexandrov should be left unchanged.

2021

Extension of house arrest

At the end of January 2021, Vsevolod Opanasenko again extended the term of house arrest - until April 30. Natalya Salnikova, Opanasenko's lawyer, told TAdviser about this.

The founder of "T-Platforms" has been under arrest for almost two years: he was detained in March 2019. And under house arrest he has been under for almost a year. Attempts to change his preventive measure from house arrest to a milder one, in the form of a ban on certain actions, have not yet been crowned with success. Earlier, TAdviser reported that Opanasenko's defense asked for a mitigation of the preventive measure due to the fact that he wants to get a job (see the block above).

As of the beginning of February 2021, the consideration of the case on the merits in the Meshchansky District Court, which started in June 2020, continues. Natalia Salnikova clarified to TAdviser that the interrogation of prosecution witnesses is still underway.

When you can expect the completion of the trial, it is difficult to say. The matter is very difficult. Natalya Salnikova notes that the issues that are subject to consideration in court are difficult, including because there are many industry terms in the case that both parties and the court need to delve into. In addition, there are a lot of questions for witnesses. It all takes time.

T-Platforms, meanwhile, in the absence of their founder, began to return to life at the end of 2020 after the cessation of real activities due to the financial and organizational problems of^[11]Then the company began to recruit new employees to the staff and continued to do so in early 2021. So, in January, T-Platforms opened vacancies for programmers, project administrator, business analyst, engineer, etc.

The period 2019-2020. surpassed all past times in the number of arrested celebrities of the IT industry. Some of them have been under house arrest since their arrest, and some have been in jail for long months while the investigation and trial are underway, even after repeated attempts to get a milder measure of restraint. TAdviser closely monitors the development of the most resonant criminal cases, and industry associations are developing measures to mitigate pressure. Read more in a separate article.

Vsevolod Opanasenko extended house arrest. The trial in the case has been going on for almost 1.5 years

The house arrest of the founder T-Platforms Vsevolod Opanasenko and the former head of the communications department of the IT, communications department information protection MINISTRY OF INTERNAL AFFAIRS Alexandra Alexandrova was extended until January 30, 2022, a defense representative told TAdviser in November 2021.

Starting in June 2020, the judicial consideration of the criminal case in which Opanasenko and Alexandrov are accused is still ongoing. As of November, the defense is providing evidence in court, the lawyer said. The case is being heard in the Meshchansky District Court of Moscow.

At the same time, regarding the previous extension of the term of house arrest, which expired on October 30, the Moscow City Court earlier, with the filing of the first deputy of the Meshchansky interdistrict prosecutor, established a violation of the Criminal Procedure Code (Code of Criminal Procedure). The Code of Criminal Procedure prescribes that a criminal case must be considered by the same judge or the same composition of the court. And if any of the judges is deprived of the opportunity to continue participating in the court session, then he is replaced by another judge and the trial of the criminal case begins again.

From the decision of the Moscow City Court, published in the database of Moscow courts, it follows that in May 2020 the criminal case was appointed for consideration on the merits in the Meshchansky court by one judge - Irina Akkuratova, under whose chairmanship a judicial investigation was launched and court hearings are being held. And in July 2021, the hearing was continued under the chairmanship of another judge, and at the same time the issue of extending the house arrest of Opanasenko and Alexandrova was considered. And after that, the case again began to consider Akkuratov.

The Moscow City Court stated a violation of the Code of Criminal Procedure in this episode, while appointing Opanasenko and Alexandrova the same extension of the term of house arrest as the Meshchansky court earlier - until October 30.

2022

The founder of the T-Platforms, Vsevolod Opanasenko, was released from house arrest. He will be able to get a job

On January 25, 2022, the court canceled the measure of restraint in the form of house arrest to Vsevolod Opanasenko, replacing it with a ban on certain actions. The representative of the defense Opanasenko told TAdviser that the prosecutor at the meeting as part of the hearing on the merits filed a petition for another extension of house arrest, which expired on January 30. However, the court this time agreed with the arguments of the defense and the accused, refusing the prosecutor and changing the preventive measure to a softer one.

This is a very good progress in the case, the lawyer noted.

Vsevolod Opanasenko was transferred from the pre-trial detention center to house arrest in March 2020 "(photo - Alexander Kazakov, Kommersant)"

Among the actions that the court forbade the founder of T-Platforms to perform is communication with the participants in the case, including witnesses, use without court permission by mail, and the Internet.

The representative of the defense noted that the court in its definition was guided by the principle of humanism, and the freedom of movement of Vsevolod Opanasenko was not limited. Sometimes it happens that the court in such cases imposes an obligation on the accused to be at home, for example, from 22:00 in the evening to 06:00 in the morning.

Thus, the founder of T-Platforms will now be able to go to work, the lawyer confirmed. Opanasenko's intentions to find a job have already been voiced in court in attempts by the defense to achieve a replacement of the preventive measure with a softer one. Previously published court documents included information that he had two young children, whom he contains.

Award of a fine of 1.65 billion rubles. in favor of "ВЭБ.РФ"

The founder of the T-Platforms supercomputer company, Vsevolod Opanasenko, who is under investigation, failed to convince the servants of Themis of the injustice of the court decision to recover from him in favor of the state corporation ВЭБ.РФ (formerly VEB, Vnesheconombank) for a total of 1.65 billion rubles.

The businessman lost in the appellate and cassation instances. After that, on April 4, 2022 Federal Bailiff Service data , a writ of execution for the specified amount was posted on the site. Opanasenko is obliged to pay it.

Initially, a lawsuit against the businessman was filed with the arbitration court. This happened on February 17, 2020. The claims of the state corporation were that Opanasenko did not carry out the buyback provided for by the agreements from VEB of the shares of T-Platforms JSC. The state corporation then determined as the subject of the declared claims the recovery of losses consisting of the amount spent by VEB on the purchase of the company's share in the amount of 797.6 million rubles, lost profits in the amount of 741.8 million rubles, as well as a penalty of 106.6 million rubles.

In July 2020, the Moscow Arbitration Court granted the petition filed by Opanasenko's lawyer to transfer the case to the court of general jurisdiction, recognizing the validity of the arguments that the arbitration court had no competence to consider the claim submitted by the ВЭБ.РФ.

In March 2021, the Gagarinsky District Court of Moscow of general jurisdiction sided with the state corporation. The appeal was considered in the Moscow City Court. The decision on it was not made in favor of the businessman on June 2, 2021.

The next instance for Opanasenko was the Second Court of Cassation of General Jurisdiction, in which he also lost. From the materials of this case it follows that the Gagarin court (the first instance, in the published decision of which the monetary amounts were hidden) appointed Opanasenko to pay ВЭБ.РФ losses for non-fulfillment of obligations in the amount of 1.54 billion rubles, a penalty of 106.6 million rubles. and reimburse the costs of paying the state duty in the amount of 200 thousand rubles, which in total is 1.65 billion rubles^[12].

The state prosecution asked to return Vsevolod Opanasenko to house arrest while the court in the criminal case is underway

As TAdviser found out in August 2022, the state prosecutor appealed to the Moscow City Court in the summer to appeal the earlier court decision to mitigate the preventive measure to Vsevolod Opanasenko and Alexander Alexandrov, who is undergoing one criminal case with him . From the moment the criminal case was initiated, both of them were in custody during the investigation, then were transferred to house arrest, and from the end of January 2022 - under the ban of certain actions.

In particular, they are prohibited without court permission: to attend cultural and entertainment events; communicate with witnesses, specialists, experts and victims/representatives in a criminal case; send and receive postal and telegraph items, with the exception of documents sent to the court and sent by the court, the controlling body; use communication facilities and the Internet, except for the use of telephone communication to call emergency services and a number of other exceptions.

From the appeal decision published in the database of the courts of Moscow, it follows that the state prosecutor asked the Moscow City Court to cancel the court's decision to transfer Opanasenko and Alexandrov from house arrest under a ban on certain actions. He motivated this by the fact that they are accused of committing crimes under Part 4 of Art. 159 of the Criminal Code of the Russian Federation (fraud committed by an organized group or on an especially large scale), belonging to the category of grave. The accused are charged with stealing funds from the Ministry of Internal Affairs of Russia received as payment under state contracts, which caused damage to the department on an especially large scale.

The state prosecutor believes that the court, when deciding to change the preventive measure to prohibit certain actions by the defendants, did not properly take into account the severity of the charges brought against each of them and the public danger of crimes.

In addition, he points out, the consideration of the criminal case in the Meshchansky District Court has not yet been completed. The state prosecution presented evidence to the court, but not all persons contained in the list of persons to be summoned to the hearing were interrogated, and the prosecution has the right to call previously not interrogated witnesses at the stage of additions to the judicial investigation.

The Moscow City Court, however, considered that the severity of the charges brought in this case in itself cannot be recognized as sufficient grounds for such a long period of detention of the defendants under house arrest.

In addition, the court notes that the defendants did not allow any violations of house arrest, and the court hearings were not postponed due to their failure to appear without good reason. And the ban on communication with witnesses and a number of other persons in a criminal case is already provided for by the current preventive measure appointed by Opanasenko and Alexandrova.

Thus, the Moscow City Court saw no reason to return the accused to house arrest.

The founder of T-Platforms wanted to go bankrupt

At the end of August 2022, it became known about the statement that the founder and co-owner of T-Platforms Vsevolod Opanasenko filed with the Moscow Arbitration Court. The entrepreneur asks to declare him bankrupt.

The lawsuit was registered on August 12, 2022, and after 11 days it was accepted by the judge, appointing a meeting to consider the validity of the application.

Taking into account the fact that the debtor has dependent children, the court considers it necessary to attract the guardianship and guardianship authority in Moscow to participate in the present bankruptcy case, the case file specifies.

According to the Prime agency, in the judicial act the amount of Opanasenko's unfulfilled obligations to creditors is not indicated. The Gagarinsky District Court of Moscow earlier in 2022 satisfied VEB's claim to recover losses from Opanasenko for non-fulfillment of obligations and penalties. The decision entered into legal force. The amount of recovery from the court's decision was ruined, but it is known that earlier this claim was transferred under jurisdiction to the court of general jurisdiction from the Moscow Arbitration Court.

Vsevolod Opanasenko

The lawsuit says that VEB and Opanasenko in 2012 entered into two agreements under which the state corporation sold Opanasenko a 33.3% stake in T-Platforms, but the buyer did not fulfill the obligation to pay about 1.4 billion rubles for them. In the lawsuit, VEB filed claims for the recovery of losses consisting of the amount of funds originally allocated for the purchase of T-Platforms shares in the amount of about 798 million rubles, about 742 million rubles of lost profit and about 107 million rubles of forfeit, in total - more than 1.5 billion rubles.

By the end of August 2022, Opanasenko was listed in the Unified State Register of Legal Entities as the owner of three now liquidated companies - Navitronika LLC (liquidated in June 2021), T-Platforms LLC (the legal entity was terminated by reorganization in the form of transformation, the successor is T-Platforms JSC) and Micronik-Press LLC^[13]

2023

The founder of T-Platforms will have to sell shares, housing, land and cars, but this will not be enough to pay off debts to creditors

In relation to the founder of the developer of supercomputers "T-Platforms" Vsevolod Opanasenko, who was declared bankrupt in September 2022, the procedure for selling property is underway. The court should consider the report of the debtor's financial manager based on the results of this procedure on March 1, 2023. Opanasenko's total debt to creditors, as an individual, is more than 1.8 billion rubles. TAdviser examined court documents, which collected information about its creditors and property, due to which some part of the debts should be repaid.

The largest amount from the founder of T-Platforms - 1.646 billion rubles - is required by the state corporation ВЭБ.РФ (formerly VEB, Vnesheconombank)^[14]As a result of transactions in 2011-2012, as part of the financing of the project "Development and Export to the International Market of Innovative Russian Supercomputing Technologies and Services," VEB acquired a 25% stake in T-Platforms on a buyback basis^[15]

This method allows you to attract the necessary funding in the short term without losing the rights to shares. And the economic feasibility of the concluded transactions for the second party is due to the receipt of income between the sale price of shares and the buyback price, explained in the published documents of the Moscow Arbitration Court.

Vsevolod Opanasenko attracted funding from VEB for a project to develop and export to the international market innovative Russian supercomputer technologies and services "(photo - Kirill Chaplinsky)"

The share buyback was supposed to take place back in 2017, but this did not happen. The amount now required by the ВЭБ.РФ from Vsevolod Opanasenko includes losses for non-fulfillment of obligations, penalty and expenses for payment of state duty.

From the documents of the Moscow City Court in one of the cases between ВЭБ.РФ and Opanasenko of 2021, it was said that at that time negotiations were underway with a number of potential investors on the possibility of replacing Vnesheconombank's shareholder in the capital of T-Platforms in order to fulfill obligations related to the repurchase of T-Platforms shares in 2017.

Also, as of September 2022, Vsevolod Opanasenko owes money within the framework of previously taken loans: about 88.12 million rubles - an individual Natalya Vladimirovna Romokhova-Vasilyauskas and about 4.9 million rubles to a Cypriot legal entity T-Platforms (Cyprus) Limited. Both of these amounts include principal and interest.

The founder of T-Platforms owed about 1.18 million rubles under a credit card agreement to UniCredit Bank, 6 thousand rubles under a consumer loan to Loko Bank.

Also, about 41.75 million rubles under a surety agreement from Opanasenko is demanded by the O-Si-Es-Center (OCS Distribution) company, and he also had a debt of 18.55 million rubles in performance fees and state duties, indicated in the documents of the Moscow Arbitration Court.

It also says that the debt in the declared amount is not disputed by Opanasenko and is confirmed by loan agreements submitted to the case file, bank statements and other evidence.

In the property of the debtor and in joint ownership with his wife there are the following property:

• 4 land plots;
• a residential building under construction;
• an apartment in the property and a share in another apartment;
• economic structure;
• vehicles: Mercedes-Benz E500 (in theft) and Land Rover Range Rover (owner - spouse of the Obligor);
• 75% of the authorized capital of T-Platforms JSC, 50% of the authorized capital of the legal entity of Monaco Hunters HUT (50% belong to the debtor's wife).

The amount of unfulfilled obligations "significantly exceeds" the value of property owned by the debtor, indicated in court documents.

If Opanasenko worked, then deductions could also be made from his salary to pay off debts to creditors, but at the time Opanasenko was declared bankrupt he had no income, follows from court documents.

According to the 127-FZ "On Insolvency (Bankruptcy)," after the sale of all the property of an individual debtor, the settlement with creditors is completed, and with it the stage of property sale. From that moment on, a citizen declared bankrupt is released from almost all of his debts, including those that could not be repaid at the expense of the sold property^[16].

In addition to Vsevolod Opanasenko himself, we recall that the court previously also declared T-Platforms JSC bankrupt. The reason was the company's lack of property in an amount sufficient to cover all existing debts to creditors. The court materials said that the restoration of the company's solvency is impossible.

According to the Electronic Justice system, among the organizations that claimed claims against T-Platforms as creditors are Ramek-VS, the Supercomputer Modeling Center (part of Rostec), Krylovsky State Scientific Center, A.E. Nudelman Design Bureau, Moscow International Higher School of Business "MIRBIS" and a number of others.

Sentence in a criminal case 2 years and 4 months in prison

On May 10, 2023, the Meshchansky Court of Moscow sentenced Vsevolod Opanasenko, the founder and former general director of the developer of T-Platforms supercomputers, in a criminal case of fraud related to the supply of computers to the Ministry of Internal Affairs. The press service of the court told TAdviser that he was given 2 years and 4 months in a general regime colony.

But the founder of T-Platforms will not sit. As the representative of the court specified to TAdviser, the punishment is considered already served, taking into account the term that Vsevolod Opanasenko had previously spent in jail and under house arrest while the investigation was underway, and then the trial.

Vsevolod Opanasenko was involved in the case under Art. 159, part 4 of the Criminal Code of the Russian Federation (fraud committed by an organized group or on an especially large scale). For details of the case, see the blocks above. The founder of T-Platforms was arrested, we recall, in March 2019, in March 2020 he was transferred to house arrest, and in January 2022 he was released from house arrest under a new measure of restraint - a ban on certain actions.

In March 2022, information appeared that Opanasenko began to work in a high position in one of the structures of the Rostec state corporation. ^[17].

2024

Increase in prison term by 2 times - up to 5 years - and re-arrest in the courtroom

On October 14, 2024, the Moscow City Court toughened the punishment for the founder of T-Platforms, Vsevolod Opanasenko. His prison sentence has more than doubled - from two years and four months to five years. The entrepreneur was sent to a pre-trial detention center in a fraud case.

In May 2023, Opanasenko was sentenced to imprisonment in a large-scale fraud case related to the supply of computer equipment to the Ministry of Internal Affairs. However, the court considered the punishment served, taking into account the time that the defendant spent in the pre-trial detention center and under house arrest, while the investigation and the trial were underway. According to TASS, in accordance with the new court order, Opanasenko was again arrested.

𝓲

Alexander Kazakov/Kommersant

Based on the results of the consideration of the appeal, the Moscow City Court decided to toughen the punishment of Opanasenko to five years in a general regime colony. The businessman was taken into custody in the courtroom, - informed persons.

Human rights activist Alexander Khuruji, who often visited Opanasenko during his stay in the pre-trial detention center, confirmed that the founder of T-Platforms was in custody. At the same time, Khuruji could not provide any details about the case.

The Meshchansky Court of Moscow previously found Opanasenko guilty under Part 4 of Art. 159 of the Criminal Code of the Russian Federation (fraud on an especially large scale). In addition, the court recovered damage to the Ministry of Internal Affairs in the amount of 357 million rubles. According to the prosecution, T-Platforms handed over to the customer equipment that does not meet technical requirements. Oksana Bokova, head of the department of the Voronezh University of the Ministry of Internal Affairs, also became a defendant in the case: her court fined 200 thousand rubles. The third accused - the ex-head of the Department of Information Technologies, Communications and Information Protection of the Ministry of Internal Affairs of Russia Alexander Alexandrov - was sentenced by the court to two years and four months in prison with a fine of 300 thousand rubles.^[18]

Why the court increased the punishment of Vsevolod Opanasenko

As TAdviser discovered in December, a copy of the appeal ruling appeared in the database of the courts of general jurisdiction of Moscow, which earlier, in October, the Moscow City Court changed the sentence to Vsevolod Opanasenko and Alexander Alexandrov, increasing their terms of imprisonment and the amount of fines. The document provides the arguments of the state prosecution, on whose appeal the verdict was changed, and the conclusions of the court.

In particular, the state prosecutor, referring to the norms of the criminal law, considered that the court initially did not take into account all the circumstances of the case and imposed an "excessively lenient" punishment, and asked to take into account that "no one convicted of their guilt, if there was evidence, admitted that he did not take any measures aimed at paying off the damage caused."

The judicial board of the Moscow City Court, among other things, pointed out that when sentencing Opanasenko and Alexandrova, the court of first instance took into account mitigating circumstances, including the fact that they were first prosecuted and positively characterized at the place of residence and work. At the same time, the judicial collegium finds that the court of first instance does not fully take into account the nature and degree of public danger of the committed acts, the circumstances of their commission and the identity of the convicts, the copy of the appeal ruling says.

… the court does not fully take into account the actual circumstances of the crimes, the nature and manner of their commission, as well as the actions of each of the convicts in the commission of unlawful acts, as a result of which there was a particularly large harm to the interests of society and the state protected by law in the field of budget regulation, and also not taken into account that until now this harm has not been repaid..., - is noted in the published document.

With such data, the judicial board concluded that the high degree of public danger of the crimes committed by the convicts Alexandrov and Opanasenko, the actual circumstances and the nature of their actions established by the court, despite the presence of mitigating circumstances, indicate that the sentence imposed is excessively lenient.

Therefore, "in order to restore social justice and the violated rights of the injured party, to correct the convicted Alexandrov and Opanasenko," the judicial board considered it necessary to change the sentence and strengthen the sentence.

As a result, earlier, we recall, Vsevolod Opanasenko under Part 4 of Art. 159 of the Criminal Code of the Russian Federation increased the punishment to five years in prison with a fine of 500 thousand rubles and with serving a sentence of imprisonment in a general regime correctional colony, and Alexander Alexandrov, by partial addition of punishments, finally - 5 years 1 month in prison with a fine of 540 thousand rubles, with serving a sentence in a general regime correctional colony.

Notes

Photo sources in the article - Expert.ru, Didier Baverel/Kommersant