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The experience of Russian colleagues (False)


From fractious staff VNIIMASH State Standard of Russia detractors have tried to understand through the "gray Technologies

Such a popular public some 7-10 years ago how to determine the relationship with explosives, Kalashnikov rifles and strong skinhead Bratkov seems to go into the past. Today fashion more "civilized" methods of dispute resolution. Thus their initiators used for the most part of the "legal" and "information" technology. Eloquent story, which became known to our correspondent at first hand its main characters and materials criminal case - one more proof of this.

In the All-Russia Research Institute of Standardization and Certification in Engineering State Standard of Russia (VNIINMASH) is accredited Testing Center in the system "GOST R", where the product testing instrumentation and engineering, sold in Russia market. List This product is measured in hundreds and thousands of items - from lighter to automated lines. Without appropriate procedures for modern negotsiant not be able to successfully sell "colonial goods" in his own country. And because the door is always the center of the visitors.

In times of stagnant test engineers existed in the salary, but with the advent of market reforms, they were transferred to self-sufficiency. Services for testing were paid. For obtaining the certificate the client must also pay. Prices for these services dictates the market. After testing center VNIINMASH not unique. He has to compete with similar organizations. Conditions common to all. If the test center or agency certification is not profitable, it closes. And because clients here have learned to respect, minimizing paperwork and formalities.

To optimize the test center of its head, Alexander Chertov entered into contracts with related testing laboratories and certification bodies for the types of services that, for whatever reasons, his organization can not provide. For example, the center is not accredited to conduct Test for electromagnetic compatibility. But this can be done on a contractual basis of his colleagues in a position to do so. This approach is advantageous and participants ispytatelskoy and certification activities, and customers who are able to obtain documents from one hands.

However, it is at this particular point and decided to play those whom the Devil's work and his comrades in a number of reasons seemed to interfere own business.

In early December 2002 in the test center called Mr. Pogorelov, to the General Director of the firm "Melody". He said that his company engaged in audio-video products. But this time he had to deal with electric kettle, a party which partners have put "Melodies" by way of offsets. Pogorelov asked to test teapot and assisting in obtaining the certificate of conformity and other documents required for sale of goods in the territory of Russia.

Director of a hurry, it was necessary to obtain certificates before the New Year in time to sell kettles during the New Year's gift fever.

- Well, help me? - Pogorelov with hope looked into the eyes Chertov.

- Help! - He replied. - Only the service - for the service. Since you, among other things, trading in video technology, help get filippsovsky "Vidic" black. What store did not'll come - everywhere silver.

Pogorelov promised to help. And he in turn asked:

- How much money do something to cook?

- I can not say, - replied the Devil. - Approximately, $ 600, however, check with Sakharov in the group design documents (Vladimir Sakharov - the Devil's slave, Section Head, the test center. - Auth.).

In a statement filed with the UBEP Moscow Police, Pogorelov drop his last words Devil, presenting Named as a bribe.

The next day he would call fucking and reports that he has a firm has a VCR, which he would like to purchase. "How he worth? "- inquired Devil." 200 dollars "- said Pogorelov. Center Supervisor money work for you, and he asked to bring Pogorelov "Vidic" in your next visit. Devil's naive to believe that in the face Pogorelov bought another reliable customer. Meanwhile, the "client" with admirable thoroughness recorded all conversations with Chernov, does not hesitate to write them to hide under clothing recorder. Later, giving explanations of the investigation, he stated that "technical reasons, "the conversation, really compromising Devil, not recorded. A record provided by Pogorelov investigation, will serve as proof of innocence head of the center.

So, while Pogorelov muckraking, Devil and its partners have carried out the order. At Maker Pogorelov was received sanitary-epidemiological Finally, then the sample product was transferred to the test in the organization or these "Trust RPEM" (Khimki). For each of these operations center listed partners money.

With certificate of conformity was even easier. Fortunately at this time in the center was seconded from St. Petersburg judge V. Belikov, representing the NP "the Organization for certification to protect the health and property of citizens", who has the right to conduct examination and issue certificates correspondence on behalf of his organization, which he did. Receiving the money in the amount of 9000 rubles. for the work in the interests of the firm "Melody" and the work issued her certificate, signed for the judge, and subsequently handed over the money in the treasury of the organization, confirmed that the documents had been sent from St. Petersburg.

Total value of works commissioned by the Pogorelov was: protocol testing hygiene (Sechenov Institute) - 350 rub.; Sanitary-epidemiological Finally - 958 rub., the test for safety and EMC - 8400 rub., Certificate of Compliance - 9000 rub. Total, in terms of currency, slightly more than $ 600, which, in fact, said Devil's new client.

On the appointed day Pogorelov came to the center of the documents. He brought the promised Chertov VCR and $ 600 to pay for the Center in order.

Time "X": Pogorelov in the presence of Sakharov sends Chertov money (6 denominations of $ 100) and VCR. Chertov, alas (!) Does not behave scenario, preferably Pogorelov. He immediately returns Pogorelov $ 200, adds to the remaining 400 to $ 200 more of their own (4 bills $ 50), provides the client certificates and requests Sakharov formalize the payment accordingly. At a time when the sugar with the money and go Pogorelov the cabinet, to the head of the center burst staff UBEPa Moscow Police.

Almost a half hour in the test center lasted for a search with all the accompanying attributes of this act. Center employees were told remain on the ground. Hands on the table! And then - vydviganie drawer and vytryahivanie contents handbags in the presence of witnesses. Any for some reason were not appointed from the staff of the institute, and brought ubepovtsami with him. Questions Sakharov and Devil, that they are looking for, functionary responsible icy silence. An hour and a half, when the police realized that almost went out and brought labeled notes, they admitted that they are looking for currency, after which the sugars immediately handed them dollars. Ubebopovtsy could not understand why the combination is passed bills did not seem as 6 to 100, and 4 to 100 and 4 to 50, but had to fix it in the record. Nevertheless, as a result of the operation fucking and Sakharov was told that they "used his position contrary to the interests of the service of selfish interest received from a citizen Pogorelov funds in the amount of $ 600 and the recorder as bribes for issuing sanitary-epidemiological conclusions match the state sanitary-epidemiological rules and norms of products Ltd. "Firm" Melody "and the certificate of conformity Gsstandarta Russia. This fact formed the basis of the criminal case instituted in the wake of a police raid The prosecutor's office in Moscow. The decision to institute criminal proceedings investigator said, that the materials submitted by police officers and the testimony of witnesses there are sufficient data to show signs of crimes under part 1 of Art. 285 and ch. 2 tbsp. 290 of the Criminal Code. Literally next day 13 January 2003 on the first page of "Moskovsky Komsomolets" appeared in the publication "bribe-takers asked for certificates of good enough, but often, the features and sugars were identified bribe-takers.

So, literally overnight, two respectable previously convicted persons were not only suspected of committing ugolovnonakazuemyh acts, but also stigmatized the pages of the central-volume edition as though their guilt has been proved. Under the threat was not only their personal welfare, but also the honor and goodwill. Under these conditions, the Devil and the sugars were forced to seek the assistance of counsel. Protection interests of the suspects took upon himself a member of the Bar of the City of Moscow Kirill Mukhin (legal advice 63 MRKA), specializing in cases associated with corruption and economic crimes.

Speaking of the profession, we often write about the participation of lawyers in court cases and very rarely on the pre-trial practice. Between yet this aspect of the defenders of the importance of not inferior to participate in the process. I described it - a good example. Representing the interests of suspects, the lawyer carefully examined the specificity of the test center VNIINMASH and related enterprises, the conditions of certification, the order pricing. In order to collect the documents necessary for the protection of suspects, he had to go to St. Petersburg, Khimki, Odintsovo. He managed convince the investigator attached to the record additional material. In addition, Kirill Mukhin investigators presented irrefutable evidence of innocence their principals.

Taking into account the arguments of counsel, the magistrate dismissed the criminal case, which stated: "In evaluating the collected evidence: documents, witnesses and suspects, as well as normative documents regulating the activities of the test center VNIINMASH material operational experiment, including inspection reports and audio recordings, the investigation comes to the following conclusions. Result clearly established that Devil AA and VE Sakharov, who are officials VNIINMASH acted in accordance with their office. Because they had no right to issue Pogorelov, EN certificates on behalf of VNIINMASH, then explained to him about it, as evidenced by reports of the inspection, audio recordings and application Pogorelov, EN the receipt of the certificate of conformity of the NP "the Organization for certification to protect the health and property of citizens." Obtained result documents on payment of the organizations conducting the test and issue certificates to confirm the fact that these services are chargeable. The amount of data Service is almost identical to the amount named Pogorelov, EN

For obtaining the above cash and VCR from the Pogorelov, EN as a bribe, a consequence, evaluating the available evidence, believes that the features of AA, having received from the Pogorelov, EN VCR, paid him 200 dollars, ie, the amount to which he Pogorelov rated VCR. This fact is confirmed by a protocol inspection of the scene, the testimony Pogorelov, EN, inspection protocols and audio recordings. Since Devil AA Sakharov VE did not act as officials VNIINMASH as well as persons assisting Pogorelov, EN to obtain the latest certificates of lawful means, given that the certificate of conformity issued Pogorelov not VNIINMASH, and NP "the Organization for certification for the protection of health and property of citizens ", the investigation concludes that the actions of employees and the Devil's Sakharov lack of corpus delicti, provided for hours 1 tbsp. 285 and Part 2 of Art. 290 of the Criminal Code. "

So, case dismissed. But questions remain. Who is responsible for the moral and psychological suffering of people suspected of committing a criminal crimes and more than a month is under investigation? Who compensates the damage caused by the honor and reputation of these people are published in the Moscow Komsomolets? According to the lawyer Cyril Mukhina, it must first be done by those who harmed the good name and reputation Devil and Sakharov. Its trustees are going to soon go to court with claims against the newspaper Moskovsky Komsomolets. "Business Lawyer" will closely monitor the events.

If you have a problem similar to one laid out above, please call listed under "Contact Us".


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Ability to appeal the denial of loan

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The form of organization of the lawyer in France

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Compensation for damage caused by crime

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