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The billion-dollar case on the supply of pseudo-Russian PCs to the Ministry of Internal Affairs went to court

Customers: Ministry of Internal Affairs of the Russian Federation (Ministry of Internal Affairs)

Moscow; State and social structures

Contractors: 123 Solutions
Product: Delivery of computer equipment

Project date: 2020/04  - 2022/08
Project's budget: RUB 1.05 billion руб.

Content

2022: Appointment of court hearing

On August 12, 2022, it became known that the criminal case against the super-problem project of supply to the Ministry of Internal Affairs was 30.3 thousand. PC worth 1.05 billion rubles. reached the court. This is indicated by the data of the file cabinet of courts of general jurisdiction of Moscow.

On May 27, 2022, a card of the proceedings in the Zamoskvoretsky District Court against the defendant Blazhko G. M. appeared in the file. It indicated that he was charged with violating Part 4 of Art. 159 of the Criminal Code of Russia. She describes fraud committed by an organized group or on an especially large scale. The maximum punishment for such a crime is imprisonment for up to 10 years.

A source familiar with this court case confirmed that it concerns the owner of "123 solutions." According to him, house arrest was elected to the businessman as a preventive measure.

Also, according to the information available to the source, representatives of the Ministry of Internal Affairs have already been questioned, "who were offered bribes." At the same time, Blazhko himself partially pleaded guilty; he did not understand the specifics of the Government Decree of July 17, 2015 No. 719 "On Confirmation of Industrial Production in the Russian Federation." This decree, among other things, determines that goods on public procurement are considered Russian only if it is included in a special register under the Ministry of Industry and Trade.

At the time of publication of this material, representatives of 123 Solutions, as well as defender Blazhko, managing partner and founder of the Moscow legal law firm, Alexander Kuryanov, could not comment on the situation.

The next court session on the case is scheduled for August 31, 2022. Earlier, it was postponed three times due to the failure of witnesses[1] the Ministry of[2].

2021: Criminal case against the supplier of the Ministry of Internal Affairs

On November 2, 2021, it became known that an already problematic supply project MINISTRY OF INTERNAL AFFAIRS of 30.3 thousand PERSONAL COMPUTER worth 1.05 billion was rub overgrown with a criminal case. About this editorial office CNews told three sources on. According Russian IT market to two of them, the main person involved in the proceedings is the only founder and ex-general director of the supplier company, LLC "."123 solutions Gregory Blazhko

As reported, which kind of law enforcement agency is conducting the case, the sources of the editorial board did not say. According to the file cabinet of courts of general jurisdiction, it has not yet been submitted to the ministers of Themis for consideration. According to sources, a technological examination has been appointed within the framework of the case.

One of the sources believes that the fate of Blazhko (and possibly any of his colleagues) will be decided by the future conclusion of the security forces about whether the equipment delivered (but not accepted) to the Ministry of Internal Affairs was made in Russia or not. This source, taking into account certain circumstances known to him, relies on the second of the options.

If he turns out to be right, and, therefore, "123 solutions" used forged documents about the Russian origin of imported equipment, then we can talk about fraud on an especially large scale. Under Part 4 of Art. 159 of the Criminal Code, such a crime is punishable by imprisonment for up to ten years. According to another source, the criminal case was somehow initiated by one of the traditional PC suppliers in the Ministry of Internal Affairs. In the understanding of this supplier, "123 solutions" "entered someone else's clearing." The companies had previously been given "warnings" but ignored them. The source did not name this PC provider.

Representatives of the supplier involved in the project ON - the company Axoft"," with which "123 solutions" did not pay for it in the amount of 166.7 million rubles, the fact of the existence of the criminal case CNews was not confirmed, but did not deny. The tender of the Ministry of Internal Affairs for the supply of problem PCs started on March 20, 2020 in the format of an electronic auction with an initial maximum contract price of 1.12 billion rubles. The timing of summing up the results has been shifted several times, including due to complaints FAS in the companies "" Tegrus(structure), Merlion "" and.Depot "Aquarius"

Having ordered equipment from the victorious (not the first time) "123 solutions," the ministry planned to acquire precisely Russian computers. At the start of the purchase, the Ministry of Internal Affairs even allowed the use of domestic microprocessors in them, but during the tender it became clear that the future supplier would not be able to use Elbrus and Baikal in a PC.

As a result, "123 solutions" tried to transfer to the Ministry of Internal Affairs computers of the Russian brand RDW, which are not fully Russian for government agencies - they are not in the register of domestic electronic products under the Ministry of Industry and Trade. This was the reason for the refusal of the Ministry of Internal Affairs to accept equipment - the contract was terminated. This decision of the customer "123 solutions" challenged in the Arbitration Court of Moscow in December 2020. The servants of Themis obliged the Ministry of Internal Affairs to accept the disputed goods.

From the materials of the proceedings, it followed that earlier, when transferring the goods to the ministry as a document confirming its country of origin, the company provided the Ministry of Internal Affairs with the so-called certificate of conformity (series RU No. 0165013).

File:Aquote1.png
The absence of goods in the register does not in itself refute its Russian origin, which is confirmed by a certificate of conformity.

read court verdict
File:Aquote2.png

In January 2021, representatives of the Ministry of Internal Affairs could not explain to CNews why the application "123 solutions" was not rejected at the tender immediately at the consideration stage, although it clearly indicated the absence of a PC in the register.

At the same time, the Ministry of Internal Affairs did not give up, trying to challenge the judicial obligation to accept the goods. It lost the appeal, but at the cassation, the employees of the Arbitration Court of the Moscow District sided with it. The judges considered that earlier the Ministry of Internal Affairs was unlawfully refused to satisfy the petition for the appointment of a forensic examination in relation to the PC. At the same time, the judges also listened to the statements of the Ministry of Internal Affairs that "the certificate of conformity is related to the stage of conclusion of the contract, but not to the stage of execution of the contract, which was left without proper assessment by the courts[3] the Ministry of[4]

Notes

  1. [https://www.cnews.ru/news/top/2022-08-12_milliardnoe_delo_o_postavke. The billion-dollar case on the supply of pseudo-Russian PCs to
  2. Internal Affairs reached the court. The supplier's owner has been arrested]
  3. [https://www.cnews.ru/news/top/2021-11-02_milliardnaya_zakupka_mvd. The billion-dollar purchase of
  4. Internal Affairs of" Russian "PCs resulted in a criminal case. The supplier faces jail. "]