Criminal “companions” of Rudnikov? Entrepreneur Vyacheslav Rudnikov addressed an open letter to the President of Russia V.V. Putin Rudnikov Vyacheslav Alekseevich last
16:00 23.12.2017
Raider takeovers in Russia are impossible without the support of corrupt law enforcement officers
Entrepreneur Vyacheslav Rudnikov has been fighting for five years against unscrupulous businessmen and raiders who are trying to take away his assets. According to the entrepreneur, corrupt law enforcement officers are helping to fabricate criminal cases against him, without whom it would have been impossible to bring charges against him virtually “from scratch.”
Vyacheslav Rudnikov addressed an open letter to the President of Russia, who has repeatedly identified the problem of corruption in law enforcement agencies and illegal prosecution of entrepreneurs as one of the main ones in our country.
We ask our colleagues, the media who are not indifferent to the topic of fighting corruption, to also publish this appeal on their pages.
Vyacheslav Rudnikov
Open letter to Russian President V.V. Putin
about blatant corruption and inaction of law enforcement agencies,
covering up raiding and fabrication of criminal cases against
entrepreneurs organized crime group
Dear Vladimir Vladimirovich!
Speaking before the Federal Assembly, you identified the problem of corruption and illegal prosecution of entrepreneurs by law enforcement agencies as one of the main ones hindering the development of the economy of our country.
I, Rudnikov Vyacheslav Alekseevich, an entrepreneur, have already I have been subjected to illegal criminal prosecution on a fabricated case for more than 5 years, persecution by the preliminary investigation bodies of the Ministry of Internal Affairs of the Russian Federation and the Investigative Committee of the Russian Federation with the full connivance of the prosecutor’s office, as well as pressure by “ordered”, unlawful court decisions. I associate what is happening with the high level of corruption in these bodies. I have information about corrupt officials because I receive it from many credible sources.
In my deep conviction, an organized criminal group (OCG) has long been formed in Moscow, headed by the Russian billionaire A.I. Klyachin, which also includes S.E. Gordeev, E.B. Ustenko, V.I. Vasin, R.A. Bamgbala ., Kasatkin S.N., Kirsanov A.Yu., Kozhevnikov K.R. and a number of other persons, who, with the help of investigators and prosecutors who are corrupted by them, have been fighting me from 2012 to the present with the aim of stealing business assets belonging to me.
The bodies of the Ministry of Internal Affairs of the Russian Federation fabricated criminal case No. 148360 against me, and then this “work” was continued by the bodies of the Investigative Committee of the Russian Federation. The case was initiated on October 31, 2012 at the request of a person unknown to me, a certain Bokshi A.O., who acted by proxy on behalf of my company, whom I have never seen and whom the investigation has never presented to me for acquaintance for 5 years, although would be confronted. The case was initiated very quickly, within 9 days, and in the same department of the Ministry of Internal Affairs of the Ministry of Internal Affairs for the North-Eastern Administrative District, where already on February 24, 2012 criminal case No. 148058 was opened against the raiders, according to the statement of the head of the company KS-Trust LLC, in relation to which carried out numerous raider attacks (this case was successfully collapsed by employees of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation in Moscow and personally investigator Grozan A.V.., now we are making attempts to bring it to completion at the Internal Affairs Directorate of the Ministry of Internal Affairs for the North-Eastern Administrative District, encountering the strongest resistance from the investigation).
Case No. 148360 was opened by investigator Pogrebny K.S. on the basis of false reports by an employee of the Ministry of Internal Affairs D.V. Ulyashin. and others. As the owner, no one called or questioned me, and I learned that the case was opened approximately 4 months later, at the end of January 2013, simultaneously with the beginning of a new massive attack on my assets. At the same time, the actions of the Ministry of Internal Affairs investigation were completely synchronized with the actions of the raiders.
However, despite all the efforts of the “law enforcement officers” from the Ministry of Internal Affairs, we managed to repel these attacks and recognize through the court all the “powers of attorney” of Bokshi A.O. insignificant, arrest warrants were issued for his accomplices, Montenegrin Kordik Davor and Briton Eric Simon, by the Cyprus police as part of a criminal case initiated there. By the way, against one of the attackers - the Nigerian Bamgbala A.R. - on December 13, 2011, criminal case No. 413999 was separately initiated for fraud in the amount of more than 350 million rubles. At present, the case has also been completely collapsed by the Main Investigation Department of the Ministry of Internal Affairs of the Russian Federation for Moscow (and investigator A.V. Grozan also had a hand in this), there are forgeries in the case, the examination was most brazenly fabricated, etc., and this is a separate story of lawlessness "law enforcement officers".
I'll continue.
It would seem that in September 2013, in connection with court decisions on the illegal powers of Bokshi A.O. speak on behalf of my company, there is a happy ending to all this dirty story with criminal case No. 148360. However, this was not the case. A group led by A.I. Klyachin, which I consider (and I have every reason to do so) an organized criminal group, actively joined in opposition to me. These people, in my opinion, having invested huge amounts of money, took advantage of the completed but not officially closed criminal case No. 148360 and by bribing a large group of people from the Ministry of Internal Affairs, the Investigative Committee and the Prosecutor's Office, they gave the case a “second wind.” I was accused of “stealing” my own property. Such aggressive and illegal activities of A.I. Klyachin. and his group, in my firm conviction, is connected with the fact that Klyachin A.I. had to pay me significant amounts at the end of 2013 cash for the shares he acquired in my companies - more than $50 million. In order to avoid payments (today, these assets by A.I. Klyachin’s group have actually been stolen), as well as to seize all other assets belonging to me, this group is actually acting. There are no other reasons for my illegal criminal prosecution. My “fault” lies only in the fact that I refuse to give the bandits the results of my many years of work - the assets of my companies created over 25 years.
Since December 2013, i.e. For more than 4 years now, my property has been illegally seized - several office buildings built by my own companies in Moscow, which does not allow me to use them as collateral when obtaining loans and put them into economic circulation. Moreover, these buildings are the property of a third party, to which the investigation has no claims and which is not directly related to the criminal case.
For reference: my companies implement projects that are very necessary for the country and are engaged in computer technologies, development software, Internet technologies, system integration, telecommunications, development aircraft, production of educational programs and documentary popular science films, innovation activities. Unfortunately, a number of projects have been closed, and some have been frozen for more than 4 years due to the events taking place around me and described in this appeal. I had to fire more than 400 specialists.
All my current “failures” are the result of raider attacks on my business since 2012 and the actions of the organized crime group A.I. Klyachin. from 2013 to the present day, as well as the result of the illegal criminal prosecution of me, a until recently successful entrepreneur.
A huge number of complaints and petitions on the merits of the case, sent by me over 5 years to the bodies of the Ministry of Internal Affairs, the Investigative Committee of the Russian Federation, and the Prosecutor's Office, are practically either completely ignored or rejected. Moreover, I am given unmotivated, non-specific refusals, from the category of “you are wrong and that’s it, there are no violations,” although all my complaints and petitions are more than specific and detailed point by point. Almost all complaints submitted to the heads of authorities were transferred “down” without verification to the same employees whose actions were complained about and who committed malfeasance. And obviously false and distorted information was reported “to the top.” In my opinion, all these years, the lower and middle levels of the investigation and prosecutor’s office manipulated the facts and distorted data in their reports transmitted to senior management.
Dear Vladimir Vladimirovich, exactly what you spoke about when addressing the Federal Assembly is happening - the deliberate destruction of business by unscrupulous law enforcement officers for bribes they receive from raiders.
You gave instructions three times to investigate in matters of criminal prosecution of me: May 28, 2014 to V.A. Kolokoltsev, August 14, 2014 to Yu.Ya. Chaika, June 24, 2015 to the head of the RF Investigative Committee, A.I. Bastrykin. (“consider and report”). I believe that Bastrykin A.I. reported to you information, however, I am afraid, the information is false, prepared by his employees. After all, already on July 14, 2015, the case was returned by the Butyrsky court to the prosecutor with devastating wording, and the Moscow City Court confirmed this decision on September 17, 2015. After holding the case for a whole year without progress, the investigation transferred it to another court - Tushinsky, realizing that it would not be possible to correct the comments of the Butyrsky court - white will not become black, and black will not become white. But on December 23, 2016, the Tushino court also returned the case to the Prosecutor’s Office, adding even greater grounds for its immediate closure. On March 28, the Moscow City Court confirmed the decision of the Tushino court. And again, the case is still under investigation, now in the Babushkinsky interdistrict investigative department of the same Investigative Committee for the North-East Administrative District, and practically no action is being taken on it. Of course, there are many courts in Moscow, the investigation has scope - why not go through everything?
There was no reasonable reaction to your instructions to the three departments, but you only asked to consider and report. In response, I received from these structures the same replies as before, containing false, unreliable information that was refuted by me long ago in the editorial office of the same investigator. Until now I'm without any legal grounds all these are "nightmares" strong structure. It turns out that they all actually ignore your opinion.
On December 5, 2017, the head of the investigator was Blinova T.B., the head of the Investigative Committee for the North-Eastern Administrative District was Galashko S.K. issued a Resolution on the cancellation of the Resolution to initiate a criminal case dated October 31, 2012 at the request of Bokshi A.O.(a fraudster whom the investigation is not looking for). Thus, the investigation RECOGNIZED THE ILLEGAL NATURE OF INSTITUTION OF THIS CRIMINAL CASE AND ALL ACTIONS OF THE INVESTIGATION DURING THESE 5 YEARS ARE ILLEGAL. Meanwhile, during this time, my assets worth more than 2 billion rubles were arrested, which could allow me to save my business and projects and protect myself from raiders, attacks from which continue to this day. I was under house arrest for 15 months and am still under recognizance not to leave.
But the end of my ordeal did not end there, and everything started anew: then, on December 5, 2017, the investigation, without cessation of the criminal prosecution and the criminal case itself No. 148360, opened a new criminal case No. 11702450017000065 against me, and on the same single “episode” "and based on the report of investigator Blinov T.B. He again takes this case into his proceedings.
Any normal person understands that if for 5 years the investigation was unable to clearly formulate an accusation (and there were four of them) different options), if the case was returned by the court twice at the preliminary stage of consideration, if the facts speak of my complete innocence, but are simply cynically ignored, then either investigator T.B. Blinov. and its leader Galashko S.K. - they are unprofessional and they need to be changed, or they are corrupt officials and something needs to be done with them too. I have repeatedly written complaints and petitions to change investigator T.B. Blinov. an honest investigator who could objectively and quickly sort everything out (documents confirming my innocence have been on file almost from the very beginning of the investigation). But Blinov, apparently, was assigned by someone to this case to do all the work in the “field,” and the same leader Galashko covers him. That is, investigator Blinov FOR THE FOURTH TIME began an “investigation” into this “case.” But this is pure corruption! It is the stubborn reluctance to change the investigator, despite our numerous petitions, that may indicate that both Blinov himself and his leader Galashko are corrupt officials, however, obviously, are not the only ones in this matter. There are people even higher. Of course, in this theater of the absurd organized by law enforcement officers, one cannot exclude the absurd option - the RF IC system simply needs to “train” on someone, and for this they chose me, as if there were no real criminals. But this version is too bold, and I still reject it.
It is also obvious that law enforcement agencies they don’t want to stop this business because they are afraid of inspection and possible punishment of the perpetrators, are afraid that they themselves will be charged with illegal criminal prosecution and that they themselves will end up in the dock. In any case, you have repeatedly spoken in the media about the need to combat this phenomenon and punish it, including bringing to justice corrupt employees who fabricate criminal cases and illegally persecute entrepreneurs.
Since October 2014, case No. 148360 was “supervised,” according to my information, in order to put pressure on me by a high-ranking employee of the Main Investigative Directorate of the Investigative Committee of the Russian Federation in Moscow, Major General Denis Nikandrov, who was arrested in the summer of 2015. Investigator T.B. Blinov openly told me that “he sees no prospects in this matter,” but, nevertheless, “if I close this case, the authorities will take my head off,” openly admitted that he was “supervised by the general himself.”
After the arrest of D. Nikandrov in the summer of 2016, I began to hope that case No. 148360 fabricated against me would pass an objective review by honest, independent investigators and prosecutors. My lawyers have been filing petitions since the fall of 2015 to transfer the case to another investigator, but the case was firmly “stuck” to Blinov, who was transferred from the Investigative Committee of the North-Eastern Administrative District to the Main Investigative Directorate of the Investigative Committee of the Russian Federation in Moscow along with this case. Probably too much effort and money was invested in its falsification. Apparently, fearing scrutiny after the arrest of Nikandrov D., the investigation urgently “pushed” the case back to court in August 2016, just so that it would not remain with him and would not come under scrutiny (it seems that some kind of commission was created to verify all cases involving Nikandrov D.). Having failed in a year - from September 2015 to July 2016 - to eliminate all the comments of the Butyrsky court and realizing that once again the Butyrsky court would again refuse to consider the lies of the investigation called “Indictment”, the case was transferred to another court, Tushinsky, grossly violating all procedural rules norms. In turn, the Tushinsky court for a long time, despite all these violations, tried to bring the case to at least the start of the hearing, unmotivatedly rejecting the defense’s requests and not even noticing the formal grounds for its termination. As a result, the court “could not resist” the onslaught of outright lawlessness, returning the case to the prosecutor.
And now corrupt law enforcement officials continue to try to come up with something out of nowhere that will ultimately allow their clients to illegally put me behind bars and then take away my property from me. They do not disdain outright written forgeries in the case ( ready to provide a whole list), “they don’t notice” the evidence of my innocence and thereby not recognizing official documents and facts that are inconvenient for them. My petitions are not satisfied: in particular, according to my information, the responses from the Cypriot police to the Russian investigative authorities were destroyed as inconvenient, since against the “victim” in case No. 148360, Russian and at the same time Nigerian citizen A.R. Bamgbala, member of the organized crime group A.I. Klyachin ., the Nicosia police opened a criminal case back in May 2013. Currently, within the framework of that case warrants have been issued for the arrest of two of his accomplices - Briton Eric Simon and Montenegrin citizen Kordik Davor, who openly stole the Kapenda company that belonged to me and issued on its behalf a false power of attorney in the name of the Russian Bokshi A.O., whose statement served as the basis for initiating criminal case No. 148360, for which the entire Russian state machine is now pressing me. The investigation is not looking into the criminal A. Boksha and his accomplices at all, completely ignoring the requirements of the law. Thus, the investigation and the prosecutor’s office actually help the raiders take away my property, and do not protect me from illegal attacks, actually acting together with the organized crime group of A.I. Klyachin. and in her interests.
What happened to my companies during the illegal criminal prosecution of me by law enforcement agencies for 5 years?
A) “Strange” court decisions (a separate big topic, I will not present here due to the volume of the material) led to the fact that a member of the organized crime group Vasin V.I. deliberately bankrupted Air-Style LLC, having previously withdrawn about 900 million rubles from the company. He bankrupted a company that had a net profit after paying all taxes in the amount of 272 million rubles, and only because this organized crime group managed by A.I. Klyachin wanted to steal it. The bankruptcy trustee K.N. Kozhevnikov, Vasina’s personal lawyer A.Yu. Kirsanov, and the arbitration court judge A.A. Svirin took part in this scam. and a number of other judges. Vasin was issued an illegal and invalid bill of exchange for 235 million rubles. to the company of his lawyer Kirsanov A.Yu., a non-repayable loan of 221 million rubles was issued for 3 months. companies with the participation of A.I. Klyachin and Gordeeva S.E. (they own 50% of it), which subsequently disappeared, was deliberately and secretly written off by Vasin and other persons from the organized crime group new product for an amount of more than 500 million rubles. Criminals are not afraid of anything because they take advantage of corrupt connections. After three years of visiting law enforcement agencies, it has still not been possible to initiate a criminal case against them, although all the evidence lies on the surface. The amount of theft is about 1 billion rubles.
B). In another company with a similar court decision, members of the organized crime group Vasin V.I. and Kasatkin S.N. with administrative and corruption support, my business for the repair and maintenance of computer and office equipment was stolen - Air Es Service LLC, which has more than 100 branches in Russia, Kazakhstan and Belarus, perhaps the largest professional network with similar activities. I estimate the value of this company 1.2 - 1.5 billion rubles. My attempts to initiate criminal cases against the illegal actions of members of this criminal organized crime group also ended in nothing, although I continue to try to open a criminal case, but the organized crime group probably flooded everything with money, everything has been bogged down for years in trifles and swamps. Law enforcement officials, in my deep conviction, do their best to shield the real criminals and prevent the investigation from proceeding. There are honest operatives, so some of them, who were involved in checking all these circumstances, openly told me that “there is indisputable evidence of a crime, but we have an order from our superiors not to initiate a criminal case.” Personally, I believe and am confident that one of the most sinister figures of the organized crime group is E.B. Ustenko, whom I consider a “fixer,” the one who negotiates with corrupt officials directly or through his assistants.
IN). LLC "e-Style Softhouse", a small (the core of the company - about 60 people), but very professional company for the development of custom programs, was completely ruined. Vasin V.I. fraudulently transferred all employees, all customers, company finances to new company, registered in his name, but actually owned, in my deep conviction, by the same A.I. Klyachin. and Gordeev S.E. There is only one person left in the company - director Potapenko A. The amount of damage is more than 400 million rubles.
G). Since 2014, I have been deprived of my share in the Air Style group of companies that I created in 1991. This was done by A.I. Klyachin, who in 2012 entered the business as an investor (it would be more correct to write in quotation marks as “investor”) and, having entered into a conspiracy with the director of the management company Er-Style Group LLC, V.I. Vasin, with the help other members of the organized crime group - Gordeeva S.E., Ustenko E.B., Kirsanova A.Yu. - transferred the assets of the entire business to the new company RedSys LLC (where Vasin also became a director), depriving me of more than 3 billion rubles. Personnel were withdrawn - more than 1000 people, branches in 6 largest cities of Russia were transferred, contracts with customers were renegotiated, intellectual property in the form of approximately 150 industry solutions was stolen, finances were withdrawn, contracts with more than 50 product suppliers were renegotiated. By the way, at the end of 2016, RedSys LLC was sold to famous businessmen brothers Alexey and Dmitry Ananyev, owners of Promsvyazbank (they are also owners of the Technoserv company). My attempts to meet with the Ananyevs and give them information that the asset was stolen did not find understanding with them; they refused to meet. Apparently, they bought it at a profit, but money, as you know, has no meaning for many people.
D). Currently, with the help of Vasin V.I. and Kirsanova A.Yu. The Air Style group is preparing for bankruptcy; a number of companies are already in a state of liquidation. Kirsanov is using a scheme for artificially creating debts, as it was with Air-Style LLC.. Obviously, exactly according to the same scheme as Air-Style LLC - certain writs of execution have already been received - Kirsanov A.Yu. actively uses schemes related to arbitration courts. I still have 33% of the shares in the Er-Style Group of Companies, and I am on the Board of Directors of the company, however, since the summer of 2013, A.I. Klyachin. and his group completely removed me from participation in management and from all information; they have not allowed me into the office for more than 4 years, using a number of fraudulent technologies, including the “custom-made” case No. 148360 brought against me.
Thus, today the organized crime group of A.I. Klyachin, using fabricated criminal case No. 148360 against me, the real owner of the company "KS - Trust", stole my assets in the amount of at least 5.5-6 billion rubles and continues to attack the remaining I have company.
At the same time, law enforcement agencies are collapsing or have already collapsed two criminal cases brought against members of the organized crime group.
1. Criminal case No. 148058, initiated at the request of the director of KS-Trust LLC against the raiders on February 24, 2012, is not being investigated.
2. Criminal case No. 413999, initiated on December 13, 2011 on the fact of fraud by R.A. Bamgbala, who stole more than 350 million rubles, is not being investigated. in the Veterra company, where I owned more than 50% of the shares. In this case, the investigation of the State Investigative Directorate more than 20 (!) times did not comply with court requests for documents! The court refused, and this, excuse me, is complete chaos. Then he was returned twice for one month, did not take any actions, including those that the court ordered to be carried out, and again dismissed the case, and so on more than once. By inaction and delaying the investigation for years, the case is persistently leading to termination upon expiration of the statute of limitations, which should begin in June 2018. It is absolutely obvious that the investigation of the Main Investigation Department of the Ministry of Internal Affairs of the Russian Federation in Moscow is deliberately covering up scammers. But surely not out of “love of art”?
ORDERED CASE No. 148360 PLAYS A DECISIVE ROLE IN THE CURRENT LEGAL CASUALTY. I consider the main organizer of the organized crime group to be A.I. Klyachin, who tries to remain in the shadows as much as possible (as much as possible), acting with the hands of his accomplices. His group, in my opinion and according to my information, spent at least 15 million dollars. USA for bribery of law enforcement officers and prosecutors.
I consider investigator T.B. Blinov to be the main executors of the “order” against me. and its leader Galashko S.K.
On August 10, 2017, another attempt was made to raid KS-Trust LLC, in which Bamgbala A.R. was directly involved. (his signature is there) and the company "Coral Finance Group", owned by A.I. Klyachin. Huge efforts through the Cypriot court managed to prevent the seizure of the company. The investigation completely ignored our statements about the crime; no one is doing this at all, which gives every reason to believe that the investigation is acting in concert with the same people from the organized crime group.
Currently, a new attack is underway on the Belkoforte company, and again the most serious suspicions fall on the participation of T.B. Blinov. and his leadership in assisting the raiders and failing to act. The people, whom, in my opinion, are covered by investigator T.B. Blinov, stole all the documents from corporate department groups of my companies have hacked the servers and are not allowing employees to enter their workplaces. Blinov T.B. immediately issues a resolution banning the change of director, whose term of office expired on November 7, 2017, looting of companies begins by a group of people subordinate to V.I. Vasin.
In my deep conviction, dozens of people from the law enforcement system and the prosecutor’s office are involved in corruption in the creation and maintenance of this criminal case number 148360, and I am ready to name these names.
I understand that corruption cases are difficult to investigate - corrupt officials do not draw up contracts with customers - raiders. But the investigation acts by studying the facts and consequences of certain actions, that’s why it is an investigation. If the investigation ignores the facts, this is a crime, and dishonest law enforcement officers should be prosecuted by law.
To illustrate the methods used by the raiders, in this case against me, and to confirm that it was Klyachin’s group that organized my criminal prosecution, here is witness testimony of I.B. Sundukov, given under oath to a London court on November 12, 2015 when considering the case between me and Klyachin regarding the Air Style Group. I will give just a few excerpts from these testimonies.:
P.40. ... Mr. Gordeev asked me to collect information about potential clients of the Er-Style Group. In particular, he was interested in personal information relating to people making decisions, namely their lifestyle, habits, hobbies, etc. right down to the names of their pets.
P.41. I asked Mr. Gordeev for what purpose he needed all this information. His answer shocked me. Mr. Gordeev replied that he was a corporate raider and that he had special ways of attracting new clients. These "methods" include both persuasion and blackmail regarding potential clients, using the information I had to discover.
P.52….when employees are dismissed from the Er-Style group, a new security service talks to each of them. During such conversations, employees are warned in a fairly strict manner that they should not talk with Mr. Rudnikov or people from his circle.
P.77. ...Mr. Gordeev replied that he was authorized to negotiate on his own behalf, on behalf of Mr. Klyachin, Mr. Vasin and Mr. Bamgbala.
P.82. During our first meeting, Mr. Gordeev stated that they wanted Mr. Rudnikov to transfer his share in the Air Style Group without any compensation.
P.83. Then Mr. Gordeev asked a question that puzzled me. He asked “how much does Mr. Rudnikov value the criminal case against him?” I was surprised by this question, because I could not imagine how one could give a value assessment to a criminal case. I said that I did not intend to discuss the criminal case in this context. It was obvious that Mr. Gordeev viewed the criminal case as a kind of leverage on Mr. Rudnikov, which could be subject to negotiations. I also understood from Mr. Gordeev's question that he believes that he can influence the outcome of the criminal proceedings against Mr. Rudnikov.
P.84. At the meeting, which took place at the Belgrade Hotel, Mr. Vasin did not say a word. He was sitting to my left and looked worried. I do not know whether this was because he was embarrassed during the search, or because of the manner in which Mr Gordeev discussed the criminal case against Mr Rudnikov.
P.88. In total, we met with Mr. Gordeev four times.... Even here, Mr. Gordeev did not change his habit of leaving as few traces as possible.
P.91. ...Mr. Gordeev was not satisfied with this proposal, since he clearly hoped to receive Mr. Rudnikov’s share in the Er-Style Group without any compensation. Apparently, Mr. Gordeev “kept in mind” a criminal case, which, as he hinted at a previous meeting, he could control.
P.92. Moreover, Mr. Gordeev demanded that Mr. Rudnikov transfer his interest in the real estate business. As a “compromise”, he was ready to consider the possibility of leaving Mr. Rudnikov one building located on Prishvina Street.
P.99. At this meeting, Mr. Gordeev made a “suggestion” (to the extent that it could be considered a proposal) that Mr. Rudnikov could retain several other properties...However, Mr. Gordeev still insisted on that they are not ready to pay any significant amount for Rudnikov’s share in the Air-Style Group.
P.100. Mr. Gordeev explained why the Investor was not ready to pay its market value for Mr. Rudnikov’s share in the Air-Style Group. Mr. Gordeev explained this by saying that “they” (apparently Mr. Klyachin and him) had already had to spend very significant sums to fight Mr. Rudnikov.
P.101. I explained to Mr. Gordeev that I was absolutely sure that Mr. Rudnikov would not be prepared to give up his share in the Air-Style Group without fair compensation.
P.104. In response to Mr Gordeev's proposal, which was mentioned in paragraph 83 above, I asked regarding the fate of the criminal case against Mr Rudnikov. Mr. Gordeev informed me that Mr. Rudnikov will be found guilty in the criminal case, but (apparently, as a “compromise”) will receive a suspended sentence (instead of serving his sentence in prison). This statement left no doubt that Mr. Gordeev and Mr. Klyachin are exerting undue influence on the conduct and outcome of the criminal proceedings against Mr. Rudnikov and are attempting to use such influence, thereby blackmailing Mr. Rudnikov in order to force him transfer its share in the Er-Style Group to the Investor without any compensation.
P.105. Needless to say, the offer of a “probation” was absolutely unacceptable to Mr. Rudnikov, since he is innocent and therefore should not bear any punishment at all. Mr. Gordeev explained this proposal as follows: according to him, in order to close the criminal case he would have to spend significant funds, which he was not ready for. It seemed to him that Mr. Rudnikov would accept such an offer, but this, of course, was not the case.
P.106. Thus, based on the results of the third meeting, Mr. Gordeev’s proposal looked like this:
(a) Mr. Rudnikov does not receive any funds for his shares in the Er-Style Group
(b) Mr. Rudnikov transfers the majority of his real estate assets (taking into account the “concessions” that Mr. Gordeev made during the meeting), and
(c) Mr. Rudnikov will be found guilty, but will receive a suspended sentence in the criminal case against him.
P.107. I explained to Gordeev that Mr. Rudnikov would absolutely not accept such an offer (especially regarding the fate of the criminal case against him, in which Mr. Rudnikov is defending his position in order to clear his name and prove his innocence). Despite this, I promised to bring Mr. Gordeev’s proposal to the attention of Mr. Rudnikov. In turn, Mr. Gordeev stated that he needed to discuss with “Sasha” (Mr. Klyachin) the possibility of terminating the criminal case against Mr. Rudnikov so that he would not be found guilty, as well as the amount of compensation for Mr. -well to Rudnikov for his share in the Er-Style Group. Therefore, we agreed on the next meeting, which took place on June 8, 2015.
P.108. I reported the results of the meeting to Mr. Rudnikov. As expected, Mr. Rudnikov did not agree to the Investor's proposal. He wanted to be fairly compensated for his shares in E-Style and also to stop the Investor from exerting undue influence on the criminal proceedings because he believed that without such influence, the criminal case would collapse due to the lack of evidence to support the charges against him.
P.109. The fourth (last) meeting with Mr. Gordeev took place at the Metropol Hotel, which, as is known, belongs to Mr. Klyachin. The meeting lasted only 5 minutes. Mr. Gordeev looked quite irritated and immediately asked me if Mr. Rudnikov was ready to accept his offer.
P.110. I said that Mr. Rudnikov did not agree with their proposal and asked if he could say anything regarding the criminal case against Mr. Rudnikov and the value of the Er-Style Group. Mr. Gordeev answered negatively and said that in this case the negotiations were over.
I publish the full text of these testimony on the Internet.
I contacted the media, the newspaper "Top Secret" conducted a journalistic investigation and published 4 articles on this topic. This investigation provides the facts and only the facts. In response to A.I. Klyachin’s group against me. A real information war has been unleashed in the media. I learned a lot of “new” things about myself from organized publications. Unable to say anything of substance, they write outright lies and slander, for example, that I am a Nazi/nationalist, that I am a fraudster (referring to criminal case No. 148360, which they fabricated, without, however, pointing out that the case has already been returned to the prosecutor's office and did not "stick together"), which is closely connected with Caucasian crime, unexpectedly for me it turned out that I have a son-in-law, and one who took out a loan from a bank and does not pay it back, etc. etc. etc. A deafening lie, whatever they accuse you of! It is clear that not only does my reputation suffer from this, but also, probably, these “publications” are put on the table of various bosses in order to somehow “conceptually” justify their actions. We have to spend enormous effort, time and money to justify ourselves and sue slanderers. All this is truly humiliating and terribly unfair for me.
Dear Vladimir Vladimirovich,
The question arises - who generally administers justice in the country? Is it really possible that any scoundrel can so freely initiate criminal cases, and then manage them and keep them under control, take away other people’s property, and denigrate people’s honest names in the media? And vice versa - you can use corruption to cover up any crime, ruin any criminal case, would the criminals have money? Why is there still no normal anti-raid legislation in the country?
I understand that I am contacting you with a private question concerning my person. I understand that the state is full of large-scale tasks and that you are limited in time, solving a huge number of important state affairs every day. But how many entrepreneurs like me are persecuted illegally in our state? You mentioned terrifying data on the illegal prosecution of entrepreneurs. Just a few years ago, my group of companies was included in the list of the 300 largest private companies in the country (I am writing this only to indicate the significant scale of activity of the enterprises I own); more than 2.5 thousand people worked in the group companies (less than 300 people remained). Why are companies and people being destroyed that bring benefits to the country and can continue to do so for many years to come? After all, this is neither more nor less - a matter of national security of the state. With such a level of corruption, it is simply impossible to create anything worthwhile in the country! And with whom to raise the country - with the Nags and Vasins, with their methods of “work”?
Dear Vladimir Vladimirovich!
Addressing you as the Guarantor of compliance with the Constitution of the Russian Federation and the laws of the Russian Federation, I ask you to give instructions to objectively understand the validity of my long-term criminal prosecution through a real and qualified verification of the charges brought against me.
I also ask you to give instructions to the FSB of the Russian Federation in order to conduct an investigation into the activities of the organized crime group A.I. Klyachin. and a related group of people from law enforcement agencies who organized my persecution and actually destroyed most of my companies and projects, stealing huge financial resources. Considering the scale of corruption in this whole story, I kindly ask you to create a special group consisting of honest and incorruptible FSB officers to verify the facts I have indicated.
I am ready to provide any additional information for verification, including documentary evidence confirming my innocence, as well as the illegal actions of law enforcement agencies involved in persecuting me as an entrepreneur and citizen of Russia.
Publications
Vyacheslav Alekseevich Rudnikov-Russian entrepreneur, political and public figure of a nationalist persuasion, founder of the “Cause of the Nation” party and the “Russians” Foundation, candidate for governor of the Bryansk region (2012) from the “A Just Russia” party, founder and co-owner of more than 30 different companies, including the group companies R-style, Internet portal KM.ru, Russian Elite Bank, publishing house Cyril and Methodius. In the past, a top billionaire, today V. Rudnikov has lost most of his projects and money. As of January 2017, Rudnikov’s only really working project remains KM.ru, which is losing popularity.
Biography
Vyacheslav Rudnikov was born on July 16, 1960. In 1983, V. Rudnikov graduated from the Bryansk Institute of Transport Engineering with a degree in “Dynamics and Strength of Machines.” After graduating from university, V. Rudnikov was assigned to the city of Elektrostal, later entered full-time graduate school, however, a year later he decided to leave science, registered a cooperative and began trading computer equipment. In 1991, the company R-style was registered, in which V. Rudnikov owned a controlling stake. Later, V. Rudnikov’s company entered the software market for the banking sector and began producing servers. Soon various directions commercial activities, R-Style became independent companies. Vyacheslav Rudnikov is married and has 2 children. Owns English language. Hobbies: cinema, literature, basketball, saxophone and jazz.
Entrepreneurial activity
In 1991, former graduate student Vyacheslav Rudnikov registered the company R-style, in which he owned a controlling stake. In addition to R-Style, V. Rudnikov created a number of companies, some of which became widely known. Among them are the manufacturer of multimedia products, the company Cyril and Methodius, the antivirus NanoAv.com, developments in the field of aircraft construction, educational products: encyclopedias, electronic textbooks. In 2010, V. Rudnikov created KM Media LLC (Sputnik LLC), on the basis of which the development of the national Internet search engine Sputnik later began. In 2012, 74.99% of KM Media was acquired by the state company Rostelecom. In February 2016, V. Rudnikov put his share in the search engine up for sale. In the past, a top billionaire, today V. Rudnikov has lost most of his projects and money. The criminal case against V. Rudnikov is in the Tushinsky court.
Conflict with partners
In 2008, a conflict between Vyacheslav Rudnikov and his long-time business partner Rilvan Bamgbala began. Foreign investors became interested in the Vetera company owned by V. Rudnikov and Bamgbala, but they did not want to work with the Russian company. Then Bamgbala invited Rudnikov to sell him the company for a symbolic sum, and in exchange promised a share in the capital of the company under Cypriot jurisdiction. However, later, after the sale of the Vetera company, R. Bamgbala denied Rudnikov the right to enter the capital of his company. In 2011, at the request of Rudnikov, a criminal case was opened against R. Bamgbala for fraud. In 2013, a conflict broke out between V. Rudnikov and his cousin Vasily Vasin, general director of the R-Style company. V. Rudnikov demanded the termination of Vasin’s powers as head of R-Style and the appointment of Igor Sundukov to this position. V. Rudnikov went to court, however, during the proceedings he was defeated.
Criminal case
In 2015, it became known that Vyacheslav Rudnikov himself became a defendant in a criminal case under the article “fraud”; the businessman is accused of illegally seizing control of the KS Trust company, as well as illegally re-registering ownership of the company’s real estate. The total amount of funds stolen by V. Rudnikov is estimated by the investigation at 548 million rubles. According to the investigation, Rudnikov’s actions were aimed at stealing funds from his business partner Rilvan Bamgbala, owner of 24% of the shares of the KS Trust company.
In the past, a top billionaire, today V. Rudnikov has lost most of his projects and money. As of January 2017, the criminal case against V. Rudnikov is in the Tushinsky court.
Rudnikov Vyacheslav AlekseevichChairman of the Board of Founders of the R-Style group of companies. Candidate of Economic Sciences, entrepreneur in the field information technologies, innovative methods education and media, analyst, publicist.
Assets
As of July 2015, Mr. Rudnikov is the founder and co-owner of about 30 companies, including:
In 2010, Mr. Rudnikov created KM Media LLC (as of 2015 - Sputnik LLC), on the basis of which the development of the national Internet search engine Sputnik later began. In 2012, 74.99% of KM Media was acquired by the state company Rostelecom. As of July 2015, according to Kartoteka.ru, Vyacheslav Rudnikov controls 19.51% of Sputnik.
Biography
He graduated from the Bryansk Institute of Transport Engineering, majoring in "Dynamics and Strength of Machines", after a year of full-time graduate school he went to work in the computer business.
He worked as president of the e-Style group of companies, general director of KM Online LLC (KM.RU brand).
2006: Owns 56% in CJSC R-Style Company
As of December 2006, according to the Unified State Register of Legal Entities, he owned 56% of the capital of CJSC R-Style Company (Vedomosti, 12/07/2006).
2007: Organization of the Russians fund
In 2007, Mr. Rudnikov organized the Russians Foundation, whose main task was to promote the reunification of Ukraine, Belarus, Kazakhstan and Russia in a single state.
Member of the Organizing Committee of the Interregional public movement “People's Council”, Chairman of the Board of the “Russians” Foundation.
Later it became known that Rudnikov acted as the owner social network"All Russians."
2011
Head of the A Just Russia branch in the Bryansk region
In September 2011, he headed the regional branch of the A Just Russia party in the Bryansk region, and in the summer of 2012 he was nominated as a candidate for the post of governor of the region.
True, Vyacheslav Rudnikov did not register as a candidate, because The regional election commission invalidated part of his signature sheets. The candidate tried to appeal the decision to the Central Election Commission, but...
The Rudnikov Foundation is implementing several projects in the region. One of them is the Russian Village livestock farm, located in the Zhukovsky district of the Bryansk region. Talking about the company to the local press, Rudnikov said that its goal is to revive the village, for which “it is necessary to give people jobs, create social infrastructure, and revive many processes that were interrupted after the collapse of the USSR.”
Letter to Russian President Dmitry Medvedev
M.Yu. Lermontov, V.A. Rudnikov Open letter to the President of Russia from the co-chairs of the new party “Cause of the Nation”
Dear Dmitry Anatolyevich!
Thank you very much for publishing your views on the historical role of our country and its future, which really touched everyone and which aroused a sincere desire to take part in the discussion on shaping the image of the future and developing practical plans for the development of our state.
Let's start the discussion with those aspects of your appeal that cause the greatest need for clarification and answers to the main questions.
1. How to correlate your assessment of the main ailment - “secular economic backwardness” - with the historical facts of the beginning of the twentieth century, when amazing dynamics of economic and social development of Russia were achieved, and this result was a consequence of the policy of reasonable management for the benefit of every active citizen with the direct participation of the government under the leadership of P.A. Stolypin? And the successes of the Soviet period (of course, disgusting in its individual manifestations) forced the whole world to respect our country, and the authority of “solid industrial potential... bright achievements in the field of science, technology, education, art, the glorious history of the army and navy, nuclear weapons” , which you proudly talk about, was created during this period. Perhaps the reason for such an assessment of the problem does not relate to the “habit of subsisting on the export of raw materials,” but to slightly different aspects of the principles of life associated with the spiritual and moral component of our existence?
2. Yes, “centuries-old corruption, which has depleted Russia since time immemorial,” is a serious illness, and at all times, rulers sent their best comrades-in-arms to fight it, who after a while became even more corrupt. This is how it happens now. You are right: in many ways, it was on the bribery of officials in order to gain “control over flows and redistribution of property” that our modern economy, especially in its oligarchic component. And this unjustly acquired property (and, as the crisis has shown, ineptly managed by them) will never become morally legitimate in the eyes of people. And a legal assessment of check auctions and other “privatization” mechanisms must be given by the competent authorities, or again, as has happened more than once in the history of the state, the intervention of the people, “senseless and merciless,” will be required to restore the truth. But today you have a tool that is not personally interested in solving this age-old problem - information technology. And, it would seem, why would it be easier to make all budget expenses informationally transparent? After all, everyone knows that it is precisely when they are spent that the same “gross national kickback” is created - a source of corruption and temptation for faint-hearted officials. The document flow system of state and municipal authorities should become just as informationally open, especially in relation to citizens. And the explanations of the project leaders are completely unconvincing.” Electronic Russia» about the lack of visible results in the implementation of a correctly and timely task.
3. As for the third ailment - “widespread paternalistic sentiments in society,” Konstantin Aksakov said very well about this national quality of ours: “The Russian people do not want to establish a state.” But this is precisely what led to the fact that he created the strongest state in the world. Without interfering in the affairs of the supreme power, the Russian people concentrated, as Aksakov put it, “on peaceful life spirit." According to the modern Constitution of the Russian Federation, the possibility of real democracy is provided for: “The bearer of sovereignty and the only source of power in Russian Federation is its multinational people. The people exercise their power directly... The highest direct expression of the power of the people is a referendum and free elections.” But can one count on initiative given the only feasible expression of sovereign power – free elections? Yes, today citizens have the opportunity to actively participate in municipal transformations, but at the level of determining the main directions of socio-economic development of the state, such an opportunity is absent. Even in Soviet times there was a Congress of Soviets, which determined the general direction of the activities of all government agencies, and then - the Congress of People's Deputies, which, albeit formally, played the role of presenting the will of the people, and it was they who made fateful decisions, which, of course, were prepared and accepted by the leadership of the CPSU in advance, but today there is even the appearance of the people’s participation in the implementation of their there is no sovereignty. But in the history of Russia there is a tradition of zemstvo, and today its main elements of real democracy and conciliarity could very effectively mobilize the civically active part of the people for a “high-quality public discussion” and the common cause of positive transformations in the life order.
IN modern conditions the implementation of real democracy is possible by introducing into the system government controlled- The Supreme People's Representative Body "Zemsky Sobor", according to the decisions of which state power should be exercised in the form of the "People's Mandate". It is possible to institutionalize the Zemsky Sobor as a legitimate body of government by changing the current Constitution of the Russian Federation in accordance with the established procedure. At the same time, the main directions of activity of the Zemsky Sobor will be government functions, not replacing, but complementing the current system of government in terms of the development and legislative implementation of the basic principles of life and the direction of socio-economic development of Russia, mandatory for execution by all branches and levels of government, possibly in the form of a People's Mandate.
4. In analysis current state To the above problems it is necessary to add threats to the viability of Russian civilization as a sacred spiritual-religious, socio-cultural and state-political unity of God, nature, man, nation and state as a whole, because it is precisely this scale that makes it possible to correctly identify ailments and offer treatments, not refusing to study any component of such a complex phenomenon as civilization. It is the viability of Russian civilization in competition with other world civilizations that determines the success of development today, and overcoming threats - the main task states. These are the threats: destruction of the civilizational integrity of the nation as a civil, social and cultural union of peoples and nationalities, unjustified division of the Russian people, demographic depression, destruction and plunder National economy, spiritual and moral decay of society, deformation of the cultural and educational space, information expansion and aggression against traditional values, destruction of interethnic community life.
Ensuring the viability of Russian civilization should become the main factor in the national security of the Russian Federation as a set of related measures and activities to preserve traditional values, reproduce spiritual, moral, cultural and ethnic identity, demographic growth, decent quality of life, civil peace, interethnic solidarity, interreligious harmony, territorial integrity, state sovereignty, as well as mutually beneficial relations with the world community, intellectual and economic competitiveness, adaptation to globalization and crisis resilience.
Preserving the vitality of Russian civilization and its implementation competitive advantages may become the main sociocultural innovation that Russia, based on the need to overcome the global crisis by determining its own direction of development, is able to offer humanity sliding into crisis as a real alternative to the outdated model of a society of selfishness and consumption.
5. Now – about values. In your Address to the Federal Assembly on November 5, 2008, it was especially said about moral ideals and values: “Our people are spiritually and morally rich. We have something to be proud of, something to love. There is something to defend and defend, something to strive for.” And, of course, “interethnic and interfaith peace, military valor, fidelity to duty, hospitality and kindness” are undeniable values characteristic of our people, but there are huge world traditional Russian spiritual and moral values, in which our ancestors lived, and the critical distortion of which led to the catastrophic events of the recent past and the deformation of the principles of the present state system of life.
Unfortunately, the disappointment was the absence in the recently adopted National Security Strategy of the Russian Federation (and before that in the Concept of long-term socio-economic development of the Russian Federation) of any mention of the values and meanings of this development, the spiritual dimension and socio-cultural component of our future.
Russia is a unique civilization, and when building an “image of the future” in state policy, it is necessary to proceed from the fact that we have our own historical path, our own values, our own ideal of world order. Society is only capable of setting and solving large-scale national problems when it has general system moral guidelines, when respect for the native language, original national values, the memory of ancestors, national history, and cultural heritage is maintained. In accordance with them, over the centuries, the worldview, culture and morality of not only the Russian people, but also all indigenous peoples, who together with them formed a single statehood and nation, have been built.
For our people there will always be dear values that cement the unity of Russian civilization, such as natural rights and freedom of man, the dignity and value of the individual, the duties and responsibilities of a citizen, autocracy and sovereignty of the people, solidarity and friendship of peoples, great-power statehood and patriotism, culture as a value - the semantic code of Russian civilization, the greatness of the Russian language and Russian literature, the spiritual sovereignty and spiritual freedom of the nation, the leading role of Orthodoxy and the authority of traditional confessions, the universality of the worldview and love for one’s neighbor, truth and justice, law and order and justice, the sociality of the state and the unity of interests of the people.
It is also necessary to clearly establish in government normative legal acts the concept of a nation as a civil, cultural and spiritual union of the state-forming Russian people and the indigenous peoples and nationalities of Russia.
We spoke in detail about these issues at a meeting of the Moscow Club “Values of the Nation and National Interests of Russia”, created on the initiative of the Moscow Civil Forum, and we invite you, dear Dmitry Anatolyevich, to take part in one of the meetings.
6. It is necessary to talk about strategic vectors economic modernization countries. Yes, leadership in the field high technology and the development of the agro-industrial complex are undoubtedly important priorities, but two-thirds of the population are employed in the service sector, and the role of the state in the development of this area should be significantly higher. A significant lever for increasing the role of the state could be a national program of public-private partnership in creating infrastructure for small and medium-sized businesses with a significant increase in jobs in the face of their reduction in large companies and industries. And we know that the state allocates considerable funds for this. But they are spent exclusively in the sphere of large-scale production, without affecting millions of potential partners among the active, but not sufficiently wealthy part of the population. And here the main problem remains the dependence of the government itself as a partner, unable to create the necessary conditions for the private sector. After all, the government as a partner must be attractive and offer mutually beneficial conditions, but today partnership is simply called the fulfillment of its job responsibilities, and not always free of charge. The solution to the problem should be to empower state and municipal authorities with the powers of a state partner to form the sphere of life support for specific territories with the establishment of parameters for assessing effectiveness in this area. This approach will allow us to identify all the healthy forces of the nation, capable of self-realization and self-organization, and will ensure not just the survival of the territories, but their dynamic development.
In addition, a significant problem remains the catastrophic relationship between volumes for domestic producers own production and imports to meet domestic consumer demand. The current balance cannot be considered acceptable: after all, it is to cover import costs that we are forced to export great amount oil and gas. In this area, the strategic task of the state should be to change this indicator in favor of the domestic market, and here it is public-private partnership that can become effective tool modernization.
7. “The spread of modern information technologies, which we will promote in every possible way, provides unprecedented opportunities for the implementation of such fundamental political freedoms as freedom of speech and assembly... Society is becoming open and transparent more than ever.” But these same opportunities have already created a real threat to the viability of the state. As the famous American philosopher Peter Russell states: “Our most dangerous export is our values. Through products we entice people in developing countries to buy, and through the media - especially television - we encourage them to internalize our autocentric value system." And here it is appropriate to recall that, according to experts of the Interdepartmental Commission of the Security Council of the Russian Federation on information security, “recently in Russia there has been a steady tendency towards the loss of spiritual and moral values and historical and cultural traditions inherent in the united Russian nation. In their geopolitical interests, our opponents set themselves goals to further weaken Russia’s role in the world community. They stimulate separatism in national republics, a split is introduced into relations that have been formed over centuries, and moral values that are not characteristic of the Russian mentality are implanted. Through the use of social and national factors, negative processes are inspired in the spiritual sphere, entailing the destruction of historical, cultural, and ethical traditions. Russia faces a real threat of destruction of national self-identification. Critical deformations of its cultural and information space have arisen.”
We have to admit that as a result, a reality resembling a distorting mirror has been created in the cultural and communication space of our country. The very image of Russia is distorted, the meaning of human existence is distorted, the role of society is meaningless.
In today's conditions, the state must take upon itself the responsibility to actively participate in the formation of the cultural and information environment, and must itself create the appropriate reality and image of the future.
A significant problem when presenting an image of the future also arises due to the lack of actualization of the problem of preserving culture as a self-organizing programmatic socio-code of a social organism. It generates and preserves the self-identity of society through change and development, and controls this development as a program genome.
Culture, being the genetic software socio-code of civilization, determines, among other things, the functioning of the protective system of the state organism, which rejects everything that is alien, everything that is dangerous and leads to its destruction.
Therefore, we must not forget that only culture, in the full meaning of this concept, is the most stable component of Russian civilization, not subject to external influences, which mainly determines its viability. And the main threat to national security in the cultural sphere is the critical distortion of the spiritual and moral nature of man, which led to the catastrophic events of the recent past and the deformation of the principles of modern state life.
Spirituality, as evidenced by the entire history of human culture, is an indicator of the existence of a system of values, goals and meanings of human existence as an individual responsible to himself and others for a common future. It is in spirituality that problems related to highest level human exploration of the world. Spirituality should not be identified only with religiosity. But spirituality has always been associated with moral values and ideas, the pinnacle of which is not only a person’s attitude towards himself, but also towards other people, towards society and the world as a whole.
In connection with the above, it seems that the most important goal of social development in Russia is modern stage is the formation, on the basis of values and meanings that have deep historical roots, of an updated, unified cultural and civilizational idea for the entire nation (while the Constitution of the Russian Federation does not allow us to have an ideology), which is the core of our society, its mobilizing principle. Around this core, the entire diversity of cultures of the peoples of our country should be formed, developed and maintained.
It is obvious that state power in this process must play the role of a center of crystallization, rallying around itself all the healthy forces, all the best examples of Russian culture in the broadest sense of its understanding.
Only on this fundamental basis can real progress be achieved economically and social development of our society, in preserving the civilizational foundation of our state, and therefore in truly ensuring the national security of Russia, including in the Caucasus, where special attention and centuries-old commitment are paid to the preservation of national traditions.
8. “The political system will be renewed and improved through the free competition of open political associations.”
In May of this year, members of the Organizing Committee, which included well-known cultural figures, scientists, writers, publicists and experts who had not previously been noted for party leanings, filed a notification in the prescribed manner to the Ministry of Justice of the Russian Federation about a newly created party with the proposed name “Civilization Political Party"The Case of the Nation".
We were united by concern for the state of viability of the original Russian civilization. The growing instability occurring throughout the world has the character of a systemic civilizational crisis. The rapid dynamics, global nature and nature of the development of the crisis in almost all spheres of human activity make it possible to define it as historically unprecedented.
And do you know what the first question our colleagues asked? “Have you coordinated your actions with the administration of the President of the Russian Federation? And will they allow you to register the party?” Of course, the previous period of the country’s political life was difficult, one can even recognize the state policy of party building of that time as reasonable, but in the minds of ordinary people there was a strong idea that today it is impossible to make any changes given the rigid vertical of power and monopoly “ United Russia" And here your assessment of the situation is correct: “Paternalistic sentiments are widespread in society. Confidence that all problems should be solved by the state.”
Using the example of our initiative, we propose to follow in the open all the difficulties and vicissitudes of the rather complex legal procedure for registering the new party “Cause of the Nation” and hope to find in you a constitutional guarantor of “free competition of open political associations.”
We also hope that you will be interested in getting acquainted with our understanding of those national interests of Russia, which, from our point of view, are a priority and which fundamentally coincide with your vision of this problem:
1. SAVING AND MULTIPLIING THE PEOPLE - ensuring physical and moral health, moral and material well-being, a decent quality of life, social justice, social harmony and ecology of life.
2. PRESERVATION OF THE VALUES OF RUSSIAN CIVILIZATION - implementation in the modern life order of everything significant and valuable from the original experience of the centuries-old history of Russia, and, first of all, domestic traditions of culture, the Russian language, education, science and enlightenment.
3. COLLECTIVE INTERESTS OF THE NATION - the formation of strategic national priorities in a harmonious combination of the interests of the citizen, society and the state, economic power and national security, environmental safety and preservation of the habitat.
4. SPIRITUAL SOVEREIGNTY - assertion of the priority of spiritual values over material ones, strengthening the role of the Russian Orthodox Church and traditional confessions of Russia in preserving the spiritual unity of the nation, information and humanitarian security of society.
5. CIVIL NATIONALISM - ensuring a national state structure with the cultural identity and originality of each people and nationality, united by a civil contract that implements the idea of “friendship of peoples”.
6. ZEMSTY LIFE ORDER - the implementation of the constitutional right of direct exercise of power by the people as its source and sovereign through the mechanisms of the Zemstvo Sobor and the People's Mandate.
7. CIVIL AND MORAL RESPONSIBILITY - the embodiment of the principle of “living in truth”, the ideals of social justice, righteous justice and inevitable punishment for crimes against the nation and its interests.
8. COOPERATION OF CIVILIZATIONS – creation of mechanisms for mutually beneficial interaction with the world's main civilizational centers in order to achieve strategic stability, mutual understanding and reasonable good neighborliness.
And in conclusion, we bring to your attention our proposals for specific plans for the modernization of modern social and state life, which may well be used in the upcoming Address of the President of the Russian Federation to the Federal Assembly:
1. Taking emergency measures in the field social security and health care to overcome the unprecedented reduction of the indigenous population, saving and multiplying the Nation, including physical and moral health, moral and material well-being, a decent quality of life, justified by the resource capabilities of the state and legislatively enshrined in social standards, the implementation of which should be a measure of assessing the effectiveness of the government - It is necessary to create a Strategy for the Demographic Security of the Russian Federation and the Federal Target Program “SAVING AND MULTIPLIING THE PEOPLE.”
2. Restoration of mechanisms public control for the effectiveness of public administration, for the moral and civil responsibility of government, business and civil society in their actions or inaction to preserve traditional Russian spiritual and moral values, cultural and historical heritage, moral and ethical standards and national traditions - it is necessary to create a “STATE PRESERVATION COUNCIL VITALITY OF THE RUSSIAN CIVILIZATION".
3. Formation of a unified spiritual, moral, cultural, educational, educational, educational and information space, built on fundamental meanings, civilizational values, historical and religious traditions of Russia through the implementation of a unified state policy in this area - it is necessary to create a MINISTRY OF EDUCATION of the Russian Federation, endowed with large-scale powers at the level of Deputy Chairman of the Government of the Russian Federation.
4. Implementation of the Information Security Strategy of the Russian Federation, to counter the corruption of the nation, promote values and ideals imposed from outside that are alien to Russian civilization, decompose the foundations of the state by forming a unified state policy on promoting national achievements, on the formation of television, radio, periodicals and the Internet of the target macro-content space, to support domestic cinematography, including the organization of state film distribution, to provide information support to the activities of government bodies - it is necessary to create a MINISTRY OF PROPAGANDA of the Russian Federation.
5. Restoration of destroyed national economy, historically oriented towards self-sufficiency of the needs of internal consumer market and employment of the population, taking into account the climatic, territorial and other characteristics of domestic production, the recreation of a cohesive, good-neighborly economic space, as well as the introduction of indicators of the effectiveness of public administration when planning the development of the state as a single civilizational organism - it is necessary to create a Federal target program “DEVELOPMENT OF CONSUMER PRODUCTION INFRASTRUCTURE AND CREATION OF JOBS BASED ON PUBLIC-PRIVATE PARTNERSHIP MECHANISMS.”
6. Mobilization of civil society to solve the problem of the inability of authorities at all levels to independently solve the problems of the gigantic scale of corruption, “gross national rollback”, transparency of spending budget funds, economic feasibility of the number of state and municipal employees and budget funds for their maintenance - it is necessary to create a “NATIONAL INTERACTIVE INFORMATION SYSTEM FOR THE EXECUTION OF STATE AND MUNICIPAL AUTHORITY."
7. Overcoming immoral silence and impunity for crimes against the Nation and its interests of individuals, organizations and authorities that led to the destruction of the state, division of the people, criminal division and ineffectiveness of management of public property, removing the contradiction between the development of the national economy and its moral dimension - it is necessary to create a MINISTRY OF NATIONAL SECURITY OF THE RF.
8. Amendments to the Constitution of the Russian Federation and the practical implementation of the provision that the people, as the only source and sovereign of power, exercise it directly through the “ZEMSKY SOBR”, which expresses the will of the people in the form of the “PEOPLE’S ORDER”, which determines the main directions of development of the state and society, and according to which state power is exercised.
Russian civilization is our pride and hope! Go Russia!
Sincerely yours, with the hope of cooperation, co-chairs of the Organizing Committee of the party being created with the proposed name “Civilizational Political Party “Case of the Nation”
Mikhail Yurjevich Lermontov
Vyacheslav Alekseevich Rudnikov
2012: Accused in a criminal case of fraud
In 2012, at the request of one of the co-owners of the KS Trust company, a criminal case was opened for attempted fraud on an especially large scale (part 3 of article 30 and part 4 of article 159 of the Criminal Code of the Russian Federation). Initially, Mr. Rudnikov was a witness, but then it was decided to bring him in as an accused. According to investigators, Vyacheslav Rudnikov, together with his acquaintance Alexander Fomchenkov, illegally withdrew assets from the company in the form of three metropolitan office buildings with an area of more than 20 thousand square meters. m on Dekabristov, Mussorgsky and Prishvin streets with a total cost of 548 million rubles. As follows from the case materials, Mr. Rudnikov, being, on the basis of a power of attorney, a representative of the Cyprus Capenda Ltd, the sole participant of KS Trust LLC, made a decision “on the illegal seizure of management in KS Trust and the subsequent illegal re-registration of ownership of the real estate” of this LLC . "KS Trust" in February 2011 concluded purchase and sale agreements for these buildings with Mr. Rudnikov's affiliated JSC "Osnova Development". total amount about 17.8 million rubles, that is, “at a deliberately reduced cost,” is indicated in the investigation materials.
According to the investigation, the actions of Messrs. Rudnikov and Fomchenkov were aimed at stealing the property of Capenda Ltd shareholder Rilvan Bamgbala, who owns 24% of the company’s shares worth 131.5 million rubles, through the Cypriot Lafinex Ltd. Vyacheslav Rudnikov “through manipulation” managed to lobby for a decision to increase the authorized capital of KS Trust by 36 million rubles. and the introduction of Alexander Fomchenkov to the membership of LLC with a share of 80%. According to experts, the value of KS Trust's assets at that time was more than 828 million rubles, which is not comparable to the contribution of Mr. Fomchenkov.
2014: Imprisonment under house arrest
Since July 2014, Vyacheslav Rudnikov has been under house arrest.
2015: Completion of the criminal investigation
In July 2015, it became known that Vyacheslav Rudnikov would soon appear in court on charges of fraud. He and his business partner are accused of attempting to steal real estate worth more than 548 million rubles. If their guilt is proven, the businessmen face up to seven and a half years in prison.
A source close to the investigation told the Kommersant newspaper about the completion of the investigation in the criminal case in which Vyacheslav Rudnikov is accused. According to him, in early July, the indictment, approved by the prosecutor, was sent to the Butyrsky District Court of Moscow. Preliminary hearings should take place before July 25, 2015, and consideration of the case on the merits will take place in the second half of August.
The representative of the injured party, lawyer Andrei Andreev, according to the publication, knows about this. In his opinion, this is one of the few criminal cases that connects the theft of assets located in Russia with companies registered in the jurisdiction of Cyprus. Vyacheslav Rudnikov himself previously stated that it was he who allegedly became a victim of raiders and contacted law enforcement agencies about this. Rudnikov’s lawyer Maxim Sotnikov is confident that the investigation is committing arbitrariness against his client.
“As part of the criminal case, we made two international requests demanding to interrogate the directors of Capenda, but this is not in the case materials. The investigation decided to send them to the court without clarifying how legitimate the claims of Bamgbala, who is not a direct beneficiary of KS Trust, are.” , says Sotnikov.»
A well-known entrepreneur told how his business was taken away from him
Nowadays, modern absorbers of other people's property, instead of forceful seizures of highly liquid land around the capital, initiate criminal cases against the “old” owners and sell the “acquired” assets to new owners. "Top Secret" researched modern technologies hostile takeovers.
How Alexander Klyachin, a graduate of the Faculty of Geography of Moscow State University, became the head of the Nerl company is a story shrouded in darkness. But in the ranking of the most famous and tough players in the domestic mergers and acquisitions market, the Nerl company was one of the top five in the dashing 1990s. The targets of the “buyers” were collective farms, state farms of the Moscow region, research institutes, construction organizations, came across and defense enterprises. The acquired lands and buildings were used for residential development, and often simply resold at the market price.
A noteworthy story is when, on one of the state farm fields in the Ruza district of the Moscow region, Alexander Klyachin’s Nerl, with the support of the friendly private security company Rodon, went head-to-head with another active buyer of land near Moscow - Vasily Boyko and his company “Your Financial Trustee”. Later, Boyko himself told how, during the struggle, members of the Rodon private security company blocked roads, cut off electricity and took collective farmers tens of kilometers from their homes, where they forced them to transfer their land shares to Nerl. The head of the “Financial Trustee” himself, in addition to a broken arm and cut fingers, was accused of raiding and spent some time in a pre-trial detention center.
Alexander Klyachin
What made Alexander Klyachin suddenly change his field of activity, and whether it was a change at all, also remains a mystery, but in 2008, the Kommersant publication reported: Klyachin sold the Nerl company and acquired the Austrian AustrianHotel Company, which operates 21 hotels in Europe, and will now concentrate your strength on hotel business. Many experts then hastened to declare that the aggressive era in the mergers and acquisitions market was ending. And Alexander Klyachin chose the right moment to get rid of a brand with a controversial reputation. The moment was indeed fortunate, but no one was going to give up the skills from the past.
Already in 2012, a confrontation began between the world's largest player IKEA and the owners of the former state farm "Path to Communism", transformed into a "Collective Agricultural Enterprise" (KSHP - Ed.). KSHP, which, according to media reports, was controlled by Alexander Klyachin since the time of land battles for the Moscow region, suddenly began to lay claim to a plot of land of more than 16 hectares a few kilometers from the Moscow Ring Road along Leningradskoye Shosse, under two buildings of the Khimki Business Park office complex. owned by IKEA. In recent years, the Swedish business giant has managed to fend off KSHP. Although the courts either seized the disputed property or removed interim measures on the KSHP claim.
Why did Alexander Klyachin, a successful hotelier and owner of the famous Metropol by that time, need to get involved in a lawsuit with an unpredictable result? (since 1993, IKEA leased this site from the administration of the city of Khimki, and then bought it into ownership - Ed.), Even then, sources close to the process of KSHP against IKEA told. According to them, representatives of the plaintiffs have repeatedly come into contact with a business proposal to pay a large compensation for the quiet existence of IKEA in Russia. The requested amount, according to some sources, amounted to tens of millions of dollars.
Vasily Vasin (left) on behalf of the Er-Style company presents a prize to a computer science teacher, 2001. Photo: Anton Denisov/TASS
What are you doing, brother...
But shortly before the Khimki events, the owner of the hotel chain under the Azimut brand, Alexander Klyachin, had another interesting project in development. We can say that the detective story revolved around the Er-Style holding of entrepreneur Vyacheslav Rudnikov, who has Bryansk roots. The Russian company Er-Style appeared at the dawn of the computer era in 1991. It was founded by Vyacheslav Rudnikov and a representative of the Singaporean company Future Systems Ltd, Rilwan Bamgbala, a Russian citizen of Nigerian origin. Over the years, their Russian-Singapore joint venture has grown into a group of companies with large financial turnover. Starting with the usual assembly and sale of computers, Er-Style eventually became one of the largest in Russia and the former Soviet republics service centers, a system integrator and developer of software solutions for business and government agencies. The holding's income by 2011 exceeded $100 million and promised to only grow. By this time, the first co-owners of Rudnikov and Bamgbala took up new business projects, and instead of them operational management The company was run by his cousin Vasily Vasin, who was appointed general director by Rudnikov. For greater motivation, Rudnikov gave Vasin a 15% stake in a number of companies in the holding, making him a minority shareholder. (Rilwan Bamgbala will almost completely leave the business only in 2013 and will focus on his personal projects. - Ed.)
Rivan Bamgbala
“At the very beginning of 2011, my cousin Vasily Vasin approached me and offered to find an investor in Air-Style,” Vyacheslav Rudnikov shares his memories with the newspaper “Top Secret”. “At the same time, he said that he was very tired, that he would work for a couple more years and wanted to retire. I agreed that if there is a reliable investor, then we can invite him as a partner.”
Having received approval, Vasily Vasin began vigorously searching for investors. And already in the spring he introduces Rudnikov to Alexander Klyachin and his junior partner Sergei Gordeev. Vasily Vasin introduced them as developers and hoteliers.
“I didn’t know anything about them, Vasin said that he knew them well enough and they were decent businessmen,” Rudnikov recalls with regret. – At this time, I was mainly busy with other projects, and since the summer of 2011 I also participated in two election campaigns in the Bryansk region. Nevertheless, I immediately refused to sell the entire company, they wanted to buy at least a controlling stake and during the negotiations they agreed as follows: Klyachin and Gordeev jointly buy 45%, 45% will remain with me and Vasin, and another 10%, at the suggestion of my brother, will be reserved for a possible third investor." (This 10% will still play a role in this matter.)
Sergey Gordeev
Here we should make a small digression. From the very beginning, Vyacheslav Rudnikov had certain doubts. But cousin Vasily Vasin did not give any opportunity to doubt - he personally vouched for the investors. And from the very beginning he convinced of his loyalty and defense of common interests. Vasin provided Rudnikov with a plan according to which by the end of 2013 the company would be worth approximately $150 million and upon exiting the company the value of his share would be valued at approximately $50 million. And Rudnikov signed an agreement with Klyachin’s company.
“I was quite happy with this plan,” says the entrepreneur, “as it turned out, later it was actually implemented, and the company achieved the desired result. Just what is needed not for me, but for my brother and new partners.”
Rudnikov could not even imagine that a conspiracy involving his relative had long been brewing behind his back. The deal was quite complicated, but Vyacheslav Rudnikov did not find it suspicious, because he naively believed that his brother and CEO"R-Style" Vasily Vasin is on his side. Klyachin and Gordeev proposed the following mechanism: the company Air-Style Holdings Ltd. was created in Cyprus. 66% of the shares in it belonged to Rudnikov’s Cypriot numitora Holdings GMBH, and the RegalitservicesLTD company created by Vasin controlled 34% of the Cypriot Air-Style. This company, Er-Style Holdings Ltd., brought some of the assets (not all - Ed.) from Russia: a Russian management company, Er-Style Group LLC, was organized, which was 100% founded by a Cypriot company. And already this Er-Style Group LLC owned several Russian companies.
The junior partner of Alexander Klyachin, Sergey Gordeev, spent about six months - from the summer of 2011 to the end of 2011 - at the main office of Er-Style Group LLC and checked the activities of Russian companies. Nothing suspicious yet. An investor does have the right to check how the company in which he plans to invest is doing. On January 27, 2012 (the documents are at the disposal of the editors), an agreement was signed between the companies: Alexander Klyachin (CoralGroupFinanceLTD) on the one hand and Rudnikov’s numitoraHoldingsGMBH and Vasin’s RegalitservicesLTD on the other hand. The entire Cyprus holding Air-Style Holdings Ltd. was valued at $40 million. Accordingly, for 45% in the company, Klyachin had to pay 18 million, but only $6 million was transferred to the accounts of numitoraHoldingsGMBH and RegalitservicesLTD, and then only a year later. Looking ahead, let's say that the buyers did not pay any more money. Why is that? The fact is that, according to the terms of the agreement, Klyachin’s company CoralGroupFinanceLTD was supposed to bring orders from new customers to the company and receive “commission payments” from these orders. These would be counted as investments for the remaining $12 million. At the same time, the director of the holding until the end of 2013 (when Rudnikov and Vasin were supposed to leave the business at the same time, selling their shares to Klyachin’s company. - Ed.) Vyacheslav Rudnikov appointed Vasin. Klyachin appointed his own financial director. This ensured transparency of the work and guaranteed compliance with the interests of all participants.
“Vasin convinced me that Klyachin has significant connections in the business environment,” says Rudnikov, “and he and Gordeev are able to increase the company’s revenues at the expense of new customers.” Imagine Rudnikov’s surprise when the new partners took credit for an order worth several million dollars from existing customers with whom Air-Style had already been cooperating for many years. For example, with Pension Fund– more than 10 years. The second alarm bell for Vyacheslav Rudnikov sounded when Klyachin paid the initial $6 million, but only in February 2012, while already for 2011 his company CoralGroupFinanceLTD received dividends from Air Style for approximately the same amount. The payment of dividends was signed by Vasily Vasin.
Thus, in January 2012, Alexander Klyachin, as Rudnikov assures, showing documents, received 45% successful business practically free, and in the summer of 2012 another 5% was added to them, divided from those 10 reserved for the third prospective investor, who never appeared. Thus, in the summer of 2012, Alexander Klyachin’s company CoralGroupFinanceLTD had 50% of the shares, Rudnikov’s company numitoraHoldingsGMBH had 33%, and Vasin’s company RegalitservicesLTD had 17%.
Moreover, according to the terms of the agreement, by January 1, 2014, Rudnikov and Vasin had to leave the business together, and Klyachin had the right to buy out the remaining 50% from them, thus receiving 100% of the company. (The buyout price was to depend on the value of the company at that time and was calculated as EBITDA multiplied by a factor of 6.1.)
From owner to minority shareholder
For the first few months everything went smoothly, but already in the summer of 2012 Vasily Vasin told his brother that he had changed his mind, would not leave the company and would remain after 2013. It turned out that Rudnikov, in fact becoming a minority shareholder, was losing control over his business, and Vasily Vasin was now on Alexander Klyachin’s team. Thus, Vasin violated the agreed conditions for Klyachin’s entry into the business and actually betrayed his relative and business partner. And then the new “investors”, together with Vasily Vasin, stopped being interested in Rudnikov’s opinion, carrying out a number of dubious financial transactions, and moved to a new office, access to which was closed to the founder of the company.
In April–May 2013, presenting the results of work for 2012, Vasin indicated the value of the company at approximately $75 million. This is despite the fact that at the end of 2012 it was already calculated that it costs approximately 100 million. By the way, an article was even published on this occasion in the Kommersant newspaper.
“It became clear to me that the results were being deliberately underestimated,” recalls Rudnikov, “and the plan for 2013 was reduced by almost half, and I was being prepared for the low cost of my stake in the buyout. I demanded that Vasin and Gordeev provide me with financial documentation - they strictly refused me. In May 2013, Klyachin said openly at our meeting: “Vyacheslav, you are in the minority, if I were you, I would leave the company early.” Realizing that he was unable to resist such a turn of events, Rudnikov, having only part of the information, calculated the value of his 33% shares. It turned out to be from 38 to 48 million dollars. As a result, for a smaller amount of 38 million, he agreed to leave the company early.
“Gordeev and Klyachin offered 28 million. At the same time, Vasin said that “Klyachin will not pay anymore.” “I refused,” says Rudnikov, “after that they started a war with me, saying that in this case they would not pay me anything at all.”
Foggy divorce
In August 2013, realizing that Rudnikov saw through the plan and conspiracy of his cousin with Klyachin and Gordeev, Vasily Vasin proposed to leave all companies and divide the business. Rudnikov was not at all against it, but believed that, in addition to profitable companies, their debts must also be divided. Vasin did not agree with this and refused to pay his debts, of which there were many. At the same time, according to Rudnikov, he captured the company ER-S Service together with its director Sergei Kasatkin, perhaps the largest in the repair market computer technology in Russia, Kazakhstan and Belarus. The value of the company is estimated at approximately 20–25 million dollars, Rudnikov has a 52.55% stake in it.
“At the very end of August 2013, I entered into a settlement agreement with the minority shareholder and my former partner Rilwan Bamgbala,” says Rudnikov, “having agreed with him all the conditions for his exit from all joint companies. I notarized the agreement in Russia, and Bamgbala - with the vice consul at the Russian embassy in the UAE, where he was hiding from a criminal case for fraud with restaurants. In 2009-2010, Bamgbala defrauded a chain of restaurants in which my share was over $15 million. But Vasin tore up this agreement; he needed Bamgbala in the new conditions to fight me.”
Since July 2013, Sergei Gordeev stopped all contacts with Vyacheslav Rudnikov, and since the end of August even relative Vasily Vasin stopped answering phone calls.
In the latest version of the agreement on the acquisition by hotelier Alexander Klyachin of a stake in the Cyprus holding Air-Style Holdings Ltd., there was a clause according to which all controversial issues of shareholders should be resolved in a London court. However, Rudnikov’s demands to buy out his 33% share based on the performance of the entire Er-Style holding at the end of 2013 at a fair price in Foggy Albion were strangely not accepted. The London arbitration court simply left him as a shareholder of the company with 33%, as is. The decision is more than surprising, since Rudnikov still cannot access information and participate in decision-making on the board of directors. In addition, for some reason the court did not insist on its own decision to provide Rudnikov with all the company’s financial documents, including all company contracts from 2011 to 2013 with cost calculations for each contract (!). He is still denied access to the office.
“Moreover, at the second stage of consideration, this same arbitration court ignored my offer to return free of charge trademark back to the holding and respond to the conspiracy of Vasin, Gordeev and Klyachin,” says Rudnikov. – At the same time, the decision on the second stage was made by London judges unusually quickly - literally in 10 working days (at the first stage the case was considered for almost four months. – Ed.). It is clear that the judges were moving according to the rules. And the court’s decision was to pay my company, numitora Holdings GMBH, to Klyachin’s company $11 million for the trademark. It turned out that Klyachin, when he bought the company, valued the trademark at zero rubles, and when he filed a claim against me for refusing to transfer the brand, its value suddenly increased to 22 million dollars, and he demanded that I pay him 11 million. And the court agreed with him! Currently, my lawyers have filed an appeal, which will be considered by the High Court of London.”
The controversial asset has been prepared for sale
While the entrepreneur fought back Russian courts from far-fetched accusations of fraud (See “Pressed and robbed,” “Top Secret No. 11/388, November 2016”), Vasily Vasin and Sergey Gordeev began to withdraw assets from the Air-Style company and prepare a new company for sale. The largest asset withdrawn to date is Redsys LLC (RedSys). Hundreds of employees from other holding companies were transferred to this company, contracts with customers were transferred and re-negotiated. This company was registered by Vasin in his own name; legally he owned 100% of the company, although Rudnikov believes that there are several real owners - Klyachin, Gordeev and Vasin.
“Klyachin, without my knowledge or participation, extended Vasin’s powers as director of Air-Style Group LLC after 2013, but did not file any claims against Vasin for the withdrawal of assets in RedSys, which, you see, says a lot. A person like Klyachin, who is ready to fight for 10 thousand dollars, did not take any measures when assets worth tens of millions of dollars were withdrawn. In fact, there are more than enough facts of collusion between Klyachin and Vasin in the case. For example, at the end of December 2013, Vasin announced that he had sold his company to a certain Mark Walle. Literally two hours later I received a fax from Klyachin’s company about the buyout of 33% of my shares. And according to the terms of the agreement, if Vasin or I lose control over our companies, then the cost of the buyout is reduced by 25%. It was not surprising to me later that Mark Walle turned out to be Klyachin’s acquaintance, Mark Vasiliev. Klyachin admitted this fact in an English court and even refused to consider the evidence. There were more than enough such actions on the part of Klyachin, Gordeev and Vasin. And the London Arbitration Court “did not see” the conspiracy when examining this case.”
According to some reports, RedSys was acquired at the end of 2016 by one of the companies behind which, according to Rudnikov, are the Ananyev brothers. Do the oligarchs know from whom and what assets they acquired? Vyacheslav Rudnikov believes that they did not explain to the new owners that the asset was controversial.
Why did we dwell on this story in such detail? Because, according to Rudnikov, it is a classic example of takeover: collusion between an “investor” and top management, the creation of schemes to transfer financial assets to parallel structures, concealment of information about the financial and economic activities of the company, fabricated criminal cases against the real owners.
Let’s ask a rhetorical question: will the “invaders” in our country ever be defeated, and honest business can he finally breathe freely? Or does no one need this?
Igor Kratov
TENTH ARBITRATION COURT OF APPEALS
117997, Moscow, st. Sadovnicheskaya, 68/70, building 1, www.10aas.arbitr.ru
RESOLUTION
Tenth Arbitration Court of Appeal composed of:
presiding judge Zakutskaya S.A.,
judges Mizyak V.P., Katkina N.N.,
when keeping the minutes of the court session by the secretary of the court session Magomadova K.S.,
when participating in the meeting:
from Bamgbala Adetunji Rilvana: Dmitriev A.K., representative by power of attorney No. 77 AB 3958432 dated 07/07/2014, issued by Vasin V.V., acting under a power of attorney certified by the Helsinki Magistrates' Court on 07/29/2014;
from Vasin Ivanovich Vasin: Dmitriev A.K., representative by power of attorney No. 77 AB 8098373 dated September 16, 2015, passport;
from the limited liability company "Fetikor": Daineko M.A., representative by power of attorney, no. dated 07/06/2016, passport;
from Rudnikov Vyacheslav Alekseevich: Berezovskaya M.V., representative by power of attorney No. 77 AB 8400533 dated 01/06/2016, passport;
having considered at the court hearing the appeal of the limited liability company "Fetikor" and Vyacheslav Alekseevich Rudnikov against the decision Arbitration Court Moscow Region dated April 22, 2016 in case No. A41-47571/14, accepted by judge Yu.V. Agaltseva, on the claim of Bamgbal Adetunji Rilwan and Vasily Ivanovich Vasin against the limited liability company "Fetikor", with participation in the case as a third party , who does not declare independent claims regarding the subject of the dispute, Rudnikov Vyacheslav Alekseevich, for the recovery of the actual value of the share in the authorized capital of the limited liability company "Fetikor",
INSTALLED:
Citizens Bamgbala Adetunji Rilwan and Vasily Ivanovich Vasin filed a claim with the Arbitration Court of the Moscow Region against the limited liability company Fetikor (hereinafter referred to as Fetikor LLC, the defendant) to recover the actual value of their shares in the authorized capital of the company in the amount of RUB 67,344,000 . and 47,719,000 rub. respectively (vol. 1, pp. 5-7).
A participant in Fetikor LLC, Vyacheslav Alekseevich Rudnikov, was brought in to participate in the case as a third party who does not make independent claims regarding the subject of the dispute.
By the decision of the Arbitration Court of the Moscow Region dated December 12, 2014, the claims of Bamgbala A.R. and Vasina V.I. satisfied.
By the decision of the Tenth Arbitration Court of Appeal dated March 4, 2015, the decision of the trial court was left unchanged.
By the decision of the Arbitration Court of the Moscow District dated June 22, 2015, the decision of the Arbitration Court of the Moscow Region dated December 12, 2014 and the decision of the Tenth Arbitration Court of Appeal dated March 4, 2015 in case No. A41-47571/14 were canceled, and the case was sent for new consideration to the Arbitration Court court of the Moscow Region, while the cassation court indicated that when considering the case again, the arbitration court must establish all the circumstances included in the subject of proof, taking into account the legal position set out in the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated 09.12. 1999 N 90/14 "On some issues of application Federal Law“On Limited Liability Companies”, Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 09/06/2005 N 5261/05, dated 05/26/2009 N 836/09, dated 04/17/2012 N 16191/11, discuss the issue of appointing an examination to determine quantities net assets society, evaluate in accordance with the requirements of articles of the Arbitration Procedural Code of the Russian Federation the evidence, arguments and objections of the parties presented in the case materials, setting out this assessment in a judicial act.
When the case was reconsidered, the plaintiffs petitioned to change the amount of the claims, as a result of which Bamgbala A.R. asked to recover 58,672,185 rubles from the defendant. actual value of the share in the authorized capital of the company, Vasin V.I. - 54,861,982 rub.
The petitions were accepted by the court for consideration in accordance with Art. .
By the decision of the Arbitration Court of the Moscow Region dated April 22, 2016, the demands of Bamgbala A.R. satisfied in full in the amount of 58,672,185 rubles, the requirements of Vasin V.I. partially satisfied in the amount of RUB 39,477,836.
Having disagreed with the adopted judicial act, Fetikor LLC and V.A. Rudnikov appealed to the Tenth Arbitration Court of Appeal, in which they asked to cancel the decision of the first instance court, as made with incomplete clarification of the circumstances relevant to the case.
Representative Rudnikov V.A. At the court hearing, a petition was filed to postpone the trial due to the need for representatives to participate in another trial, also taking place on July 14, 2016 in another court.
The representative of Feticor LLC supported this petition.
The plaintiffs' representative objected to the adjournment of the trial.
According to Part 3 of Article of the Arbitration Procedural Code of the Russian Federation, if a person participating in the case and duly notified of the time and place of the court hearing filed a motion to postpone the trial with justification for the reason for failure to appear at the court hearing, the arbitration court may postpone the trial, if he recognizes the reasons for non-appearance as valid.
From this procedural norm it follows that even if there is good reasons Failure to appear at a court hearing by a person notified of the time and place of its holding, postponing the trial is the right and not the obligation of the court.
The stated request to postpone the consideration of the complaint is not motivated by the presence of circumstances indicating the impossibility of considering the case, taking into account the fact that all representatives of the parties appeared at the court hearing and have the opportunity to support and present their legal positions.
In connection with the above, the court refused to satisfy V.A. Rudnikov’s petition. to postpone the trial.
Representative Rudnikov V.A. At the court hearing, a written petition was filed to suspend the proceedings in this case until the judicial act in case No. A40-148013/16, in which the case is being considered, enters into legal force statement of claim Rudnikova V.A. on the invalidation of transactions on the withdrawal of Bamgbal Adetunji Rilwan and Vasin Vasily Ivanovich from the membership of Fetikor LLC.
The representative of Fetikor LLC supported the stated petition.
The plaintiffs' representative objected to the suspension of the proceedings.
According to paragraph 1 of part 1 of the article of the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), the arbitration court is obliged to suspend the proceedings in the case if it is impossible to consider this case until the resolution of another case considered by the Constitutional Court of the Russian Federation, the constitutional court of a constituent entity of the Russian Federation, or a court of general jurisdiction , arbitration court.
The court, having considered the petition to suspend the proceedings in the case, refused to satisfy this petition, since the applicants did not prove the impossibility of considering the dispute in this case until the merits of case No. A40-148013/16 are resolved.
In the present case, the court establishes the actual value of the share of the company's participants, which is subject to payment when the plaintiffs withdraw from the company's membership, while the size of such a share is not made dependent on the outcome of the consideration of the case on invalidating the withdrawal from the company's membership.
The legality and validity of the court's decision were verified in accordance with Art. , Arbitration Procedural Code of the Russian Federation.
As can be seen from the case materials, the plaintiffs, when appealing to the arbitration court with their stated demands, indicated that Fetikor LLC was registered as legal entity 07/23/2002, while Authorized capital society at the time of its creation was 10,000 rubles. (clause 4.1 of the charter of Fetikor LLC).
Bamgbale A.R. owned a share in the authorized capital of the company in the amount of 28.05%, Vasin V.I. - 19.4%.
On January 29, 2013, Feticor LLC entered into a management company- LLC Legal Company "Inconsult" Agreement No. U-1 on the transfer of powers of the executive body of the company.
December 25, 2013 Bamgbala A.R. sent to LLC Legal Company "Inconsult" an application to withdraw from the membership of the company and pay the actual value of his share in the authorized capital.
July 25, 2014 Vasin V.I. sent to LLC Legal Company "Inconsult" an application to withdraw from the membership of the company and pay the actual value of his share in the authorized capital.
Due to the defendant's failure to fulfill the obligation to pay the actual value of shares in the authorized capital of the company, the plaintiffs filed a claim with the arbitration court.
The court of first instance, partially satisfying the claims, proceeded from the fact that the defendant did not provide evidence of payment to the plaintiffs of the actual value of the shares in any part, while the demands of Vasin V.I. are subject to partial satisfaction based on the size of the share in the authorized capital owned by him at the time of withdrawal from the company's membership (19.4%).
Challenging the decision of the court of first instance, Fetikor LLC and V.A. Rudnikov indicated that the plaintiffs did not fulfill the obligation to notify the Company of their withdrawal from the membership of the Company, since they sent applications for withdrawal from the membership of the Company to LLC Legal Company Inconsult, whose powers were terminated on November 21, 2013.
The applicants also refer to the fact that the plaintiffs filed applications in court in the absence of the right to bring such claims, since the established Art. 23 of the Federal Law, the three-month period for voluntary payment by the company of the cost of the share at the time of filing a lawsuit had not expired.
In addition, the applicants believe that the court of first instance did not fully examine the results of the examination carried out in the case, including the unreasonableness of calculating the actual value of the share in the authorized capital based on market value real estate.
At the court hearing, representatives of Fetikor LLC and V.A. Rudnikova. supported the arguments of their appeal.
The representative of the plaintiffs objected to the satisfaction of the appeal and referred to the legality and validity of the decision of the court of first instance.
Having examined the case materials, studied the arguments of the appeal, and heard representatives of the persons involved in the case, the arbitration court of appeal does not find any grounds provided for in the article of the Arbitration Procedural Code of the Russian Federation for changing or canceling the appealed judicial act.
According to part 1 of article of the Civil Code of the Russian Federation and paragraph 1 of article of Federal Law dated 02/08/1998 No. 14-FZ “On Limited Liability Companies” (hereinafter referred to as the LLC Law), a company participant has the right to leave the company if this is provided for by the company’s charter .
Clause 7.1 of the Charter of Feticor LLC establishes that a company participant has the right to leave the company at any time, regardless of the consent of other participants or the company.
If a company participant leaves the company, his share passes to the company from the moment he submits an application for withdrawal from the company (clause 7.2 of the Charter).
In accordance with paragraph 3 of paragraph 2 of Article 23 of the Law on Limited Liability Companies, within three months from the date the corresponding obligation arises, unless a different period is provided for by the charter of the company, the company is obliged to pay the participant actual value his share in the authorized capital of the company, determined on the basis of data financial statements of the company for the last reporting period preceding the day the company participant submitted the corresponding demand, or with the consent of the company participant, to give him in kind property of the same value.
Clause 7.3 of the Charter of Fetikor LLC establishes that the company is obliged to pay to the company participant who filed an application to leave the company the actual value of his share in the authorized capital of the company, determined on the basis of the company’s financial statements for the last reporting period preceding the day of filing the application to leave from the company, or with the consent of this participant in the company, give him in kind property of the same value or, in the case of incomplete payment of his share in the authorized capital of the company, the actual value of the paid part of the share within 3 months from the date the corresponding obligation arises.
As for the argument of the applicants of the appeal that at the time the plaintiffs filed this claim, established by Art. 23 of the Federal Law, the three-month period for the company’s voluntary payment of the cost of the share has not expired, then the arbitration court of appeal cannot recognize it as justified, since at the time of resolution of the dispute the corresponding period for payment of the share had expired, however, Fetikor LLC did not take measures for the voluntary payment of the share, in including in its undisputed part.
When a participant leaves the company, his share passes to the company, which is entrusted with the obligation to pay the withdrawing participant the actual value of this share, determined on the basis of the company’s financial statements for the year during which the application for withdrawal from the company was submitted (clause 2 of Article 26 of the Law on limited liability companies).
Article of the Federal Law of 02/08/1998 N 14-FZ “On Limited Liability Companies” (hereinafter referred to as the Law on Limited Liability Companies) establishes that the actual value of the share of a participant in a limited liability company corresponds to a part of the value of the company’s net assets, proportional to the size of his share .
Of significant importance in determining the size of the actual value of a participant’s share are the date of his withdrawal from the company’s membership and the amount of net assets determined on the basis of information reflected in the balance sheet for the corresponding period.
The obligation to take into account the market value of real estate when calculating the actual value of the share of a withdrawing participant in the company is indicated in the legal position of the Supreme Arbitration Court of the Russian Federation, formed in the Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 7.06.2005 N 15787/04, dated 6.09.2005 N 5261/05, dated 05/26/2009 N 836/09 and 04/17/2012 N 16191/11.
In accordance with the explanations contained in paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated 09.12.1999 N 90/14 “On some issues of application of the Federal Law “On Limited Liability Companies” (hereinafter referred to as the resolution dated 09.12 .1999 N 90/14), if a company participant does not agree with the amount of the actual value of his share in the authorized capital of the company, determined by the company, the court checks the validity of his arguments, as well as the company’s objections based on the evidence presented by the parties, provided for by procedural legislation, including the conclusions of the examination carried out in the case.
At the same time, the Law on Limited Liability Companies does not impose on a participant of such a company who disagrees with the amount of the actual value of his share determined by the company the obligation to send the company any additional requirements regarding the adjustment of a previously made calculation.
Based on the above provisions of the law, the court of first instance, taking into account the explanation given in paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated December 9, 1999 N 90/14 “On some issues of application of the Federal Law “On Limited Liability Companies” ", an examination was appointed, the implementation of which was entrusted to experts from the federal budgetary institution Russian Federal Center for Forensic Expertise under the Ministry of Justice of the Russian Federation.
As a result of the study, experts obtained the following conclusions:
1. The amount of net assets of the limited liability company "Feticor" according to accounting as of September 30, 2013, taking into account the market value of the property owned by the limited liability company Fetikor, amounted to 225,169 thousand rubles. taking into account the cost of unfinished construction and 209,170 thousand rubles. - without taking into account its cost;
2. The actual value of the share in the authorized capital of the limited liability company "Fetikor", owned by Bagbala Adetunji Rilwan (taking into account its size of 28.05%) as of 09/30/2013, taking into account the market value of the property owned by the limited liability company "Fetikor", amounted to 63,159,905 rubles. taking into account the cost of unfinished construction and 58,672,185 rubles. - without taking into account its cost;
3. The value of the net assets of the limited liability company "Fetikor" according to accounting data as of June 30, 2014, taking into account the market value of the property, amounted to 219,493 thousand rubles. taking into account the cost of unfinished construction and 203,494 thousand rubles. - without taking into account its cost, but taking into account the fulfillment of the obligation of the limited liability company "Feticor" to pay Bamgbala A.R. the actual value of the share in the authorized capital of the limited liability company "Fetikor" amounted to 157,925 thousand rubles. taking into account the cost of unfinished construction and 146,414 thousand rubles. - without taking into account its cost;
4. The actual value of the share in the authorized capital of the limited liability company "Fetikor", owned by Vasily Ivanovich Vasin (taking into account its size of 26.96%) as of 06.30.2014, taking into account the market value of the property owned by the limited liability company " Feticor” amounted to RUB 59,175,313. taking into account the cost of unfinished construction and 54,861,982 rubles. - excluding its cost.
The Arbitration Court of Appeal believes that this expert opinion is appropriate evidence in the case.
In accordance with Part 2 of Article of the Arbitration Procedural Code of the Russian Federation, if doubts arise about the validity of an expert’s conclusion or there are contradictions in the conclusions of an expert or a commission of experts on the same issues, a re-examination may be ordered, the conduct of which is entrusted to another expert or another commission of experts.
The issue of ordering a re-examination in case of doubts about the validity of the conclusion based on a party’s request is the right of the court, which is based on the procedural rules for the court’s assessment of the conclusion of the initial examination.
An expert opinion has no predetermined force for the court. It is assessed along with other evidence available in the case file.
The applicants filed a petition in the court of first instance to order an additional examination.
However, the appellate court considers the refusal of the first instance court to satisfy this petition to be justified, since, as the court correctly pointed out, the expert’s conclusion submitted by the defendant for a forensic examination this case do not indicate the presence of contradictions in the expert’s conclusions, but essentially contain recommendations on the procedure for conducting the study.
The parties did not announce to the appellate court about calling an expert or conducting a re-examination.
Since the defendants established by law the plaintiffs did not pay the actual value of the share in the authorized capital of the company within a certain period of time, the requirements of Bamgmala A.R. and Vasina V.I. the payment of the share was rightfully satisfied by the court of first instance, while the claims of Vasin V.I. the court of first instance rightly granted partially in the amount of 39,477,836 rubles, based on the size of the share in the authorized capital that belonged to him at the time of withdrawal from the company's participants (19.4%), since there was evidence of redistribution of shares in the company after the withdrawal of participant Bamgbala A.R. . plaintiff - Vasin V.I. not presented to the court.
As for the reference of the applicants of the appeal to the fact that the notice of withdrawal from the membership of the company was sent by the plaintiffs to an improper person, the arbitration court of appeal cannot agree with it, since appropriate changes were made to the Unified State Register of Legal Entities to change the composition of the company's participants.
In addition, subsequently, in the framework of case No. A41-6700/14, the decision to terminate the powers of Inconsult Law Company LLC was declared invalid.
Taking into account the above, taking into account that the judicial panel did not establish any violations of the norms of substantive and procedural law committed by the court of first instance when issuing the appealed judicial act and entailing its cancellation, there are no grounds for satisfying the appeal.
Guided by the articles, part 1 of Art. , art. Arbitration Procedural Code of the Russian Federation, court
DECIDED:
the decision of the Arbitration Court of the Moscow Region dated April 22, 2016 in case No. A41-47571/14 is left unchanged, the appeal is not satisfied.
Control Federal service state registration, cadastre and cartography for the Moscow region represented by the department for the city of Kolomna and Kolomna district state land supervision
