Business “ Arbat Prestige “ has evaded from courtTushinsky regional court of Moscow has returned in Office of Public Prosecutor a sensational case of taxes of the former owner of a chain store system accused of non-payment “ Arbat Prestige “ Vladimir Nekrasov and “ authoritative “ businessman Sergey Schneider (Simeon Mogilevicha). The judge motivated the decision with that the bill of particulars is made with infringements of requirements Criminally - the remedial code (UPK) that excludes possibility of removal by sentence court. Intention to appeal against against this decision have expressed both the public prosecutor, and protection of the accused.
process on business accused on ch. 2 items 199 of the criminal code of Russian Federation (evasion from payment of taxes from the organisation) for a total sum more than 115 million rbl. of the former owner of a chain store system “ Arbat Prestige “ Vladimir Nekrasov and businessman Sergey Schneider lasts in Tushinsky court about one and a half years. That its returning in Office of Public Prosecutor became more unexpected. There was it at a stage of representation of proofs a state accuser, and at the initiative of the judge.
in the taken out decision the judge proves the decision that charge in the basic is formulated on the basis is judicial - the economic examination spent during preliminary investigation. During time of proceeding the court has established that its conclusions are doubtful: at appointment, and also during carrying out, according to court, law infringements have been admitted. Thereupon under the protection petition repeated examination has been spent. A conclusion of the Russian federal centre of judicial examinations of Ministry of Justice - the higher Russian state it is judicial - expert establishment - it has appeared rather unexpected. In the conclusion it is said that experts cannot answer one of put before them court of questions as in materials of business there are no necessary accounting documents.
Taking out the decision about business returning in Office of Public Prosecutor, the Tushinsky court has disagreed as with arguments of a state accuser, and the accused Vladimir Nekrasov and Sergey Schneider`s protection. Both those and others believe that business can to continue be considered in essence, having appointed thus the third examination. “ we from the very beginning said that in business there are no proofs on which basis accusations in non-payment of taxes could be brought to our clients that actually and has confirmed today Tushinsky court “ - has declared “ “ lawyer Alexander Asnis protecting Vladimir Nekrasov. If the consequence manages to eliminate the lacks specified by court, of what at protection accused there are doubts, has put Tushinsky court will start to consider from the very beginning.
we will remind that this already repeated returning of business in Office of Public Prosecutor. In June, 2009 the court also has considered that the bill of particulars is made with infringements of requirements UPK. However, then it was a question of different interpretations between the bill of particulars and business materials. In particular, numbers of contracts between the companies which were ostensibly used by a management " did not coincide; Arbat Prestige “ for leaving from payment of taxes (“ “ told about it on June, 9th, 2009). Then the judgement was supported only by lawyers of the accused. Present intend to appeal against both Office of Public Prosecutor, and Vladimir Nekrasov and Sergey Schneider`s defenders.