Functional responsibilities of the head of the economic security department. Department of Economic Security and Anti-Corruption Having examined the concept of corruption, we will study the vision of the causes of this phenomenon that can be found in the research environment

Eduard Voronin is suspected of “protection protection” for the gambling business, while according to his lawyer, the head of the city OEBiPK was only carrying out the orders of the former deputy head of the Main Directorate of the Ministry of Internal Affairs for the Sverdlovsk Region, Vladimir Romanyuk, who was detained on October 3 in Moscow.

The head of the city department of economic security and anti-corruption (OEBiPK) Eduard Voronin was arrested on Friday, October 5 by the Leninsky District Court of Yekaterinburg for a period of two months, Kommersant reports.

The policeman is accused of exceeding official powers (Part 1 of Article 286 of the Criminal Code of the Russian Federation). According to the publication, the investigation, which requested the arrest of the police major, suspects Voronin of protecting the gambling business.

As The CrimeRussia previously reported, FSB officers conducted searches in the office and home of the head of the economic security and anti-corruption department of the Russian Ministry of Internal Affairs in Yekaterinburg on Wednesday morning. The investigation is being carried out by the 4th Investigation Department of the Main Investigative Directorate of the Investigative Committee of the Russian Federation in Yekaterinburg, with operational support from the regional FSB Directorate. Soon after the searches, Eduard Voronin was detained.

According to the head of the press service of the regional Department of the Ministry of Internal Affairs, Colonel Valery Gorelykh, the investigative measures were carried out as part of an “unidentified criminal case,” and Voronin’s lawyer Sergei Kolosovsky said that “the reason was some old case related to the gambling business.” The Ural media, in turn, linked the searches and the subsequent detention of Voronin with a high-profile case in which Nikita Maltsev, the founder and coach of the Brave fight club, as well as the detective of the department for economic security and anti-corruption of the Ministry of Internal Affairs of the Russian Federation in Yekaterinburg, had previously received prison terms. Sergei Kondrashin. Both were accused of extorting a bribe of 1.2 million rubles from a representative of the bookmaker’s office DilSis LLC for assistance in returning equipment seized by OEBiPK operatives in 2015 and subsequently protecting bookmakers from police checks.

Meanwhile, according to lawyer Sergei Kolosovsky, Voronin carried out the order of his leader Vladimir Romanyuk, but he could not know that it was illegal.

Read also: "Dashing 90s" performed by God Nisanov?

The former deputy head of the Main Directorate of the Ministry of Internal Affairs for the Sverdlovsk Region, Vladimir Romanyuk, was detained on the same day as Voronin, although his detention was neither officially confirmed nor denied by the security forces.

Police Major General Vladimir Romanyuk

The general is being investigated for involvement in the protection racket of the gambling business, and according to Znak.com, Romanyuk has been charged with receiving a bribe in the amount of 1 million rubles. However, according to information from an unofficial source of security forces, the possible detention of General Romanyuk is directly related to the case of Eduard Voronin. He noted that there is evidence according to which General Romanyuk gave orders to stop inspections against the owners of illegal gaming structures, and paid for their “protection”. In addition, the general could be associated with the famous thief in law Yuri Pichugin (Pichuga) .

Yuri Pichugin

As the CrimeRussia previously reported, after moving to Moscow, Romanyuk lived next door to a thief in law, who in the criminal world, before his arrest in February 2017, was called one of the main candidates for the “throne” of the thief in law detained in the summer of 2016 No. 1" Zakharia Kalashova (Shakro Molodoy).

In September 2018, Pichugin was finally charged under Articles 210 of the Criminal Code of the Russian Federation (organization of a criminal community) and 222 of the Criminal Code of the Russian Federation (illegal possession of weapons) and 105 of the Criminal Code of the Russian Federation (murder), which threatens him with life imprisonment.

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OESiPK check

Powers of OEBiPK employees, Grounds for conducting a police check, its procedure.

How to behave during an inspection by OBEP employees. How to behave in the presence of OBEP officers

Article prepared lawyer, tax consultant, graduate of the faculty of training operational staff of economic security and anti-corruption units of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation, with experience as a prosecutor's investigator for economic and corruption crimes, and as a lawyer for economic and tax crimes.

The article answers the questions:

• organizational activities of UEBIPK;
• what laws are governed by the criminal police of economic security;
• powers during pre-investigation inspections of organizations of all forms of ownership;
• how a lawyer in the OEBiPK can be useful during a police check;
• you are not in Moscow, find out about the possibility of receiving legal assistance (consultations) remotely;
• the behavior of officials and ordinary employees of organizations during operational-search activities carried out by the Department for Economic Crimes;
• about open and covert actions of the police;
• about the cost of a lawyer’s services in the Department of Economic Crimes;
• summoned for questioning at the Department of Economic Crimes, a lawyer will provide a service;
• on registration of the results of the OBEP inspection;
• how to behave when employees appear at the organization’s office during the examination;
• about the specifics of supporting an OBEP inspection;
• clarifies whether there are unscheduled inspections of the Moscow Economic Safety and Inspectorate;
• about the procedural capabilities of law enforcement agencies to wiretap telephone conversations and other issues ;
• during a consultation with a lawyer, you will learn about the procedure for the director of the company when requesting documents from the department for combating economic crimes;
• about whether it is possible for the head of a liquidated legal entity or PF to avoid criminal or tax liability of an already liquidated organization.

Open up police! Everyone has probably watched this fascinating adventurous French film. We worried about the main characters, the corrupt police officers who turn a blind eye to the businessmen's violations of the law.

The work and real life of entrepreneurs differs from fiction and is not so exciting when “attacked” by economic police officers.

Let's understand the powers of these persons, your legal rights during the pre-investigation check conducted by the departments of the Department for Economic Crimes.

Inspections of organizations and individual entrepreneurs by employees of the units of the Russian Ministry of Internal Affairs for combating economic crimes and combating corruption, or simply OBEP, are carried out regularly by the latter. Therefore, any company engaged in commercial activities can be the object of a close police check by the Department for Economic Crimes.

Who are the OBEP officers?

Divisions of the OEB and PC (OBEP) are structurally part of the internal affairs bodies; in the city of Moscow, for example, there are departments of the OEBIPK districts and the city of Moscow. In the regional branches of the Ministry of Internal Affairs there are no positions for operational officers of the Economic Crimes Department. Each Moscow district - Central Administrative District, Eastern Administrative District, North-Eastern Administrative District, Northern Administrative District, Closed Administrative District, North-Western Administrative District, South-East Administrative District, South-Western Administrative District - has its own departments, which are subordinate to both the head of the Ministry of Internal Affairs of the district and a senior manager in the line of OEBiPK, located in the city of Moscow at the address: Shabolova, no. 6, that is, the department of the Ministry of Internal Affairs of Russia for Moscow.

When receiving a request from OBEP, you must be attentive to the information specified in the request. If an unlawful demand (request) is made by a police officer, the refusal to provide primary documents and information should be stated “politely” in writing. If you do not have the necessary knowledge, contact a lawyer for advice. The cost of such a service is tiny compared to the consequences of rash actions.

The operational divisions of the UBEP are the body of inquiry, so there are no investigators from the UBEP; the latter are employees of investigative departments with the appropriate specialization.

OEBiPK is an operational unit of the Ministry of Internal Affairs of the Russian Federation and their main task is to identify persons committing economic crimes and corruption crimes; accordingly, this body does not develop plans for inspections of organizations and individual entrepreneurs for 2018, 2019, etc. That is why there are no unscheduled (on-site) inspections of the Economic Economic Crime Department, unlike the tax authorities.

Subclause 2, clause 3, art. 2 Federal Law-294 “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” excluded the bodies authorized to carry out operational management activities from the operation of this Law.

The so-called “Unscheduled inspections of OBEP” are, simply put, raids, usually organized when information about abuses is received. For example, joint inspections of trade enterprises, shops, markets with the prosecutor's office to determine the compliance of food products with the stipulated standards or instructions to verify compliance with legislation in the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, food products that do not comply with legal requirements, etc. An example would be Article 14.16 of the Code of Administrative Offenses of the Russian Federation on liability for violations of the rules for the sale of ethyl alcohol, alcoholic and alcohol-containing products." However, the decision on punishment is made by the court in administrative proceedings based on the materials presented.

BEP detectives in their activities are guided by the Constitution of the Russian Federation, but above all:

• Federal Law on Police;
• Federal Law on Operational Investigative Activities (ORA);
• Articles 36, 37 and 82 of the Tax Code of the Russian Federation;
• Order of the Ministry of Internal Affairs of the Russian Federation dated April 1, 2014 No. 199 “Instructions on the procedure for employees of the internal affairs bodies of the Russian Federation to carry out public operational investigative measures of inspection of premises, buildings, structures, areas of terrain and vehicles”, provided for in paragraph 8 of Article 6 of the Federal Law “On Operational Investigative activities;
• The Criminal Procedure Code of the Russian Federation, in paragraph 1 of Article 40 of which employees of the OBEP are classified as bodies of inquiry: “the internal affairs bodies of the Russian Federation and their territorial, including linear, police departments (divisions, divisions, points), as well as others executive authorities vested in accordance with federal law with the powers to carry out operational investigative activities”;
• Code of Administrative Offenses of the Russian Federation.

When interacting with the Federal Tax Service of the Russian Federation on the prevention, detection and suppression of tax offenses and crimes, they are guided by the joint Order of the Ministry of Internal Affairs and the Federal Tax Service No. 495 and No. MM 7-2-347 of June 30, 2009.

The competence of the OEBiPK apparatus extends to the following crimes provided for by the Criminal Code of the Russian Federation: Article 146 of the Criminal Code of the Russian Federation - violation of copyright and related rights; Article 159 of the Criminal Code of the Russian Federation - fraud; Article 170.2 of the Criminal Code of the Russian Federation - the cadastral engineer entering knowingly false information into the boundary plan, technical plan, survey report, survey project of a land plot or land plots or a map plan of the territory; Article 171.2 of the Criminal Code of the Russian Federation - illegal organization and conduct of gambling; Article 171 of the Criminal Code of the Russian Federation - illegal entrepreneurship; Article 172 of the Criminal Code of the Russian Federation - illegal banking activities; Article 172.1. Criminal Code of the Russian Federation - falsification of financial documents of accounting and reporting of a financial organization; Article 172.2. Criminal Code of the Russian Federation - organization of activities to attract funds and (or) other property; Article 173.1. Criminal Code of the Russian Federation - illegal formation (creation, reorganization) of a legal entity; Article 173.2. Criminal Code of the Russian Federation - illegal use of documents for the formation (creation, reorganization) of a legal entity; Article 178 of the Criminal Code of the Russian Federation - restriction of competition; Article 185 of the Criminal Code of the Russian Federation - abuses during the issue of securities; Article 185.5 of the Criminal Code of the Russian Federation - falsification of a decision of the general meeting of shareholders (participants) of a business company or a decision of the board of directors (supervisory board) of a business company; Article 195 of the Criminal Code of the Russian Federation - unlawful actions in bankruptcy; Article 196 of the Criminal Code of the Russian Federation - deliberate bankruptcy; Article 197 of the Criminal Code of the Russian Federation - fictitious bankruptcy; Article 198 and Article 199 of the Criminal Code of the Russian Federation - tax evasion by individual entrepreneurs and organizations; Article 199.1 of the Criminal Code of the Russian Federation - failure to fulfill the duties of a tax agent; Article 200.3. Criminal Code of the Russian Federation - attracting funds from citizens in violation of the requirements of the legislation of the Russian Federation on participation in shared construction of apartment buildings and (or) other real estate objects and others, mainly located in Chapter 22 of the Criminal Code of the Russian Federation .

Competence does not mean conducting a preliminary investigation. OBEP, as an investigative body, is obliged to identify an economic or official crime: to collect materials sufficient to initiate a criminal case with their subsequent transfer to the investigative authorities. In the framework of a criminal case, carry out the instructions of the investigator. Although previously, detectives were appointed acting investigators, after which they opened a case and accepted them into their proceedings.

The OBEP unit, as well as the criminal investigation department, belong to the criminal police, and not the public security police, therefore, the consideration of cases of administrative violation is not within the competence of these specialists. If an offense is detected under the Code of the Russian Federation on Administrative Offences, the Department of Economic Safety and Internal Affairs must forward the materials to the relevant government bodies to initiate proceedings on an administrative offence.

OBEP uses the public and secret arsenal of operational intelligence activities.

Operating body on the basis of Art. 6 of the Federal Law “On Operational Investigation”, when carrying out operational investigative activities, has the right to carry out the following activities:

• inquiry;
• collection of samples for comparative research;
• test purchase;
• research of objects and documents;
• observation;
• personal identification;
• inspection of premises, buildings, structures, areas and vehicles;
• control of postal items, telegraph and other messages;
• wiretapping of telephone conversations;
• retrieving information from technical communication channels;
• operational implementation;
• controlled delivery;
• operational experiment;
• obtaining computer information.

Based on Art. 13 of the Law on the Police of the Russian Federation to receive answers to your requests from organizations of all forms of ownership, that is, budgetary and commercial and non-profit organizations.

This time we'll touch on inspection of premises. The technology of this public operational-search activity is the same for the Federal Customs Service of the Russian Federation, the FSB and the Ministry of Defense.

First of all, in order to come to the company, OBEP employees need legal grounds for this.

And such is detective's report addressed to their supervisor, outlining data about a crime being prepared, currently being committed, or already committed in accordance with Article 7 of the Federal Law “On Operational Investigations”. It also identifies the alleged persons to be prosecuted. As a rule, the general director of the legal entity and the chief accountant are indicated as such.

Who provides information to police officers?

• Information received from “friendly” employees of banking institutions.

• Information received from secret employees.

• And finally, knowing from the high-profile criminal corruption cases brought against the OBEP members themselves, it can be assumed that some detectives, for personal purposes, having received information about the financial condition of the organization, artificially create evidence, indicating it in the report, which serves as the basis for the further decision of the Chief of Police to carry out inspection of the company’s premises, its separate divisions and warehouses. The goals can be different: from “subscriber service by the appropriate service” to the cynical “squeezing out of business.”

As a rule, the following operational-search activities may precede the inspection of premises:

• Making inquiries by employees, that is, obtaining information from the Federal Tax Service, the Statistics Committee, and data on current accounts in banking institutions. Information received from the traffic police about vehicles and from Rossreestr about the availability of real estate and data on the actual residence of the persons of interest.

• Test purchase. For example, if a legal entity is engaged in the sale of any product, an offer may follow to conclude a profitable deal. You are asked to draw up an agreement under certain conditions, and are asked to issue an invoice. And when it is necessary to make an advance payment, the buyer takes out his official ID with the words test purchase. An order for examination with all the ensuing consequences is also given.

• Listening to telephone conversations.

Moreover, a resolution must be issued to carry out the said operational activities, in the absence of which, the evidence obtained and legalized as a result of such operational activities may be declared inadmissible by the court.

Can telephone conversations be monitored by OBEP officers?

According to Article 8 of the Law on Operational Investigations, this right is granted to employees of the Department of Economic Crimes. It is enough to obtain the appropriate resolution from the head of the police and within 48 hours wiretapping is allowed without judicial permission!!!

The procedure for inspecting the premises of organizations by employees

Police officers, having arrived at the premises of the organization, provide an order to conduct an examination to the head of the organization or another person, against signature, a copy of which is handed over to him against signature.

As a rule, the examination is carried out during the daytime. Namely from 6 am to 10 pm, since night time according to Art. 5 of the Code of Criminal Procedure of the Russian Federation is defined as the time from 22 to 6 o'clock. At night, such operational operations are carried out only in urgent cases.

When carrying out the specified public operational procedure, officials draw up a protocol in accordance with Art. 166 of the Code of Criminal Procedure of the Russian Federation, which contains information about the progress of the examination, namely:

• information about the participants in the action is entered;

• place of examination;

• items seized during the operational investigation, and copies must be made of the seized documents, which must be certified by the signature of an official and handed over to an official of the company;

• when seizing information on electronic media, it is also permitted to copy information for transfer to a company employee;

• The protocol may include explanations of the organization’s employees participating in the actions.

• as well as comments and additions from individuals.

The OBEP officer who drew up the protocol must give a copy of it to the official of the legal entity.

Often, a certain number of employees are involved in inspecting the premises, that is, the order indicates the names of the officials tasked with carrying out the inspection, and employees not specified in this document are present at the inspection. It is recommended to verify the identity of employees by demanding to present identification, and to ask persons not listed on it to leave, otherwise notifying them of filing a complaint with the court or a superior manager.

The maximum period during which inspectors must transfer copies of seized documents is 5 days. Three days are given to send these documents by mail to the address specified in the protocol drawn up during the inspection.

What things do auditors pay attention to first?

Documents with signs of forgery and items removed from civil circulation are confiscated. The examination is carried out with the participation of two witnesses.

Often, police officers use the services of “professional” witnesses who have the status of representatives of the public, who happen to take part in such actions constantly.

How to behave when conducting an inspection by OBEP employees?

• Demand to reveal the official identification card and rewrite the information about the person indicated in it.

• Please read the text of the order carefully. Pay attention to the composition of the inspectors; their details are indicated in the order. If the number of employees does not correspond to the specified document, ask them to leave the premises. Of course they will object, but after the message that this fact will be reported to the prosecutor’s office and the Internal Security Service, there is a high chance that they will leave the premises. If they refuse, make comments in the examination protocol, indicating the presence of employees not specified in the order.

• Do not help inspectors: this help can be expressed in providing access to a safe, etc. Remember that this is an examination, not a search!

• You should not say your position, in order to avoid your official powers, limiting yourself to the word employee.

• Do not give evidence, with reference to Art. 51 of the Constitution of the Russian Federation, for the approval of inspectors that the manager pays wages and his family exists on this money.

• There should be no documents, seals on the table...

• Documents containing unaccounted cash should be kept separately from official documents, stating that these are personal funds.

• Explanations should only be given in the presence of. At the same time, inspectors can put pressure on the fact that if you don’t want to testify without a lawyer, it means you have something to hide. The answer to this is that you are not a specialist in the legal field, so you need the help of an independent legal consultant - a lawyer.

Can OEBiPK employees conduct an inspection without management permission?

Hypothetically, in order to find out whether their actions are official, information should be obtained from the order log, since all such documents are subject to registration.

What is the deadline for conducting an inspection by OBEP employees?

During the inspection, OBEP detectives have the right to receive explanations from individuals, select handwriting samples for comparative research, order a documentary audit and examination, and attract relevant specialists to carry out the necessary actions.

The timing of inspections is established by criminal procedure legislation, namely Article 144 of the Code of Criminal Procedure of the Russian Federation. The total period is three days. But naturally, for economic, including tax matters, the period will be at least one month. Based on the report of the employee conducting the inspection, the manager has the right to extend its period for another month. In essence, the period is unlimited.

Inspections of the OEBIPK, unlike the bodies subject to the requirements of Law No. 294, can be carried out repeatedly over the same periods, but the circumstances (grounds) will be different.

Instead of carrying out a public investigative action, the Department of Economic Security and Internal Affairs may, on the basis of Article 176 of the Code of Criminal Procedure of the Russian Federation, carry out an urgent investigative action - Inspection of the scene of the incident; this investigative action is possible before the initiation of a criminal case. During the inspection, which is also carried out with the participation of witnesses, employees have the right to seize items of interest to them. In effect, a search is carried out without the need to carry out criminal proceedings and obtain the necessary permits.

What is the depth of verification of an organization or individual entrepreneur?

If the tax authorities affect financial and economic activities three years prior to the inspection period, then OEBIPK employees, do not forget, conduct an inspection with the aim of initiating a criminal case, that is, obtaining so-called sticks. Therefore, they can examine documents beyond the three-year period. To make it clear, you need to familiarize yourself with Article 78 of the Criminal Code of the Russian Federation.

Thus, a person is released from criminal liability if the following periods have expired since the date of the crime:
a) two years after committing a crime of minor gravity;
b) six years after committing a crime of average gravity;
c) ten years after the commission of a serious crime;
d) fifteen years after the commission of a particularly serious crime.

For example, according to Part 2 of Article 199 of the Criminal Code of the Russian Federation, the maximum period for bringing a person to justice is 6 years. It turns out that the legislator considers it a serious crime. And according to paragraph c), the period for bringing a person to criminal liability is ten years.

Ifquestions?

call lawyer S.V. Chernov - (+79035509858 ) business protection specialist, graduate of the Academy of the Ministry of Internal Affairs with a specialization in economic security. Behind me: experience as an investigator investigating crimes in the economic sphere; experience in protecting entrepreneurs from persecution; status of a tax consultant. Find out in what cases the Department for Economic Crimes in Moscow of one district can demand the provision of documents from a Company whose place of registration is another district of Moscow. You will also learn about the procedure for the director of an organization upon receiving a request from the Moscow OEBIPK and how to refuse to provide documents and information and at the same time avoid liability. LEGAL ADVICE: cost 10,000 rubles, representation of the interests of a legal entity or individual entrepreneur during an inspection - 100 thousand rubles. query analysis; accompaniment of a lawyer for an interview with the OEBiPK department both in Moscow, the Moscow region, and other regions of the Russian Federation; preparing responses to requests from the economic police; appealing the actions (inaction) of the OEBIPK detective; appealing to higher authorities or to the court the decisions of the Department for Economic Crimes, including the refusal to initiate a criminal case; resolution of other legal problems of the company and its managers during a police audit. If necessary, I will conduct a seminar for employees of the organization on inspections carried out by economic security police units; on issues of conducting on-site tax audits by the Federal Tax Service.

Consequences of a police check

Any case ends someday, and the UBEP check must also find its logical conclusion.

• If during the inspection signs of any economic crime are detected, the operational service, in accordance with Article 11 of the Law on Operational Investigations, transfers the inspection materials to the investigative department of the Internal Affairs Directorate of the Ministry of Internal Affairs or the Investigative Committee - depending on jurisdiction. The investigator makes a decision. That is, it either issues a decision to initiate a criminal case or a decision to refuse to initiate it.
• If the OEBiPK believes that there is a tax offense or to ensure the interests of the state in bankruptcy cases or the exercise of powers in the field of registration of legal entities, then within ten days it sends materials to the Federal Tax Service at the place of state registration of the organization or individual entrepreneur.
• From the moment a criminal case is initiated, detectives from the Department of Economic Security and Commissariat carry out operational search activities and individual investigative actions on the written instructions of the investigator.
• It is possible to find out whether operational investigative measures were carried out against a person only in two cases: in the framework of a criminal case, when these materials are legalized and used as evidence; and based on the results of a tax audit and bringing a person to tax liability. The Supreme Arbitration Court of the Russian Federation explained in paragraph 45 about this right of the tax authorities in its Resolution No. 57 of July 30, 2013 “On some issues that arise when arbitration courts apply part one of the Tax Code of the Russian Federation.

The procedure for making a decision to initiate or refuse to initiate a criminal case

Considering that the operational representative of the OEB and the PC are a special subject who has the right to carry out operational investigative activities in procedural terms in accordance with Art. 40 of the Code of Criminal Procedure of the Russian Federation refers to the body of inquiry, and accordingly has the right to conduct an inquiry upon a received application about a crime committed or being prepared.

To do this, the head of the inquiry body, which includes the head of the Department of Economic Safety and Criminal Procedure, delegates to the operative the authority to conduct the inquiry: interviews, conducting investigative actions, inspecting the scene of the incident, the result of which is the discovery and seizure of items of interest, for example, draft records. Selecting a sample for a comparative study. Appointment of forensic examinations, etc.

But, nevertheless, the final decision on the refusal to initiate a criminal case or on the initiation of a criminal case cannot be made. Despite this, the acting detective. The investigator makes such a decision.

Based on the provisions of Articles 144, 145 and 151 of the Code of Criminal Procedure of the Russian Federation, the legislator entrusts the adoption of a procedural decision based on the results of checking a report of any committed or impending crime to the body whose jurisdiction the crime relates to. Therefore, if under the terms of Art. 151 of the Code of Criminal Procedure of the Russian Federation, the investigation of a criminal case is carried out in the form of a preliminary investigation, then decision-making (resolutions) is entrusted to investigators of the Ministry of Internal Affairs and the Investigative Committee of the Russian Federation, but not to employees of the Department of Economic Crimes.

Vicarious liability An official of an organization or an individual entrepreneur involves the activities of law enforcement agencies and the Federal Tax Service in searching for property both during an on-site tax audit, and during the verification activities of the Economic Crimes Department and the investigation of a criminal case under Art. Art. 159, 198-199.1. Criminal Code of the Russian Federation. How does interaction happen?

Don’t renounce prison and money: Look how many businessmen, including their assistants, were arrested and convicted in criminal cases of an economic nature.

As a precaution, personal valuables and funds should be kept separately from the organization’s funds.

Considering that other police officers, such as the local police inspector, on whose territory the organization’s office is located, do not have the right to check the financial and economic activities of a legal entity, they should not be allowed into the premises.

Putin cut off the tails of rat kings in police uniforms

After Dmitry Medvedev dressed the police as police, and the real policemen were kicked out of the agencies; in the newly formed structure, werewolves in uniform developed even more widely. A rat race ensued as police officers began to terrorize citizens, not realizing any extent of their criminal activities.

Boris Titov reported to the President

The police extorted $100,000 or more from businessmen for concealing verification materials. Such amounts appear in the complaint as received Yakovenko A.S. The verification materials themselves were illegally issued “on the basis of the law” on the wrong passports. Most often, the passports contain dead souls – actually dead people.

Here I will have to recall our very old material, in which one businessman told his story. The police raided him and extorted a large sum. And, as it turned out later, the whole case was fabricated on the basis of the passport of a citizen killed in the Moscow region back in 1995. The police of the Moscow region were involved in this scam.

This was then, and this is the case now. “Moment of Truth” reports that control over the activities of his criminal subordinates by the head of the Internal Affairs Directorate, Major General of Police Plugina Roman not visible. All that employees of the Economic Security Bureau and the PC of the Internal Affairs Directorate of the Southern Administrative District do is collect tribute for their leadership.

The victims say: if in the end they came to an agreement with the police, then from Yakovenko the company immediately receives a call saying that you no longer have problems. And such a scheme is debugged. The President newspaper reported this position of the police in its materials:

• “As Colonel of the Economic Security and Commissariat of the Ministry of Internal Affairs of the Russian Federation for the Moscow Region Alexander Mikheev and head of the rural settlement of Lunevo Nadezhda Tyutina increased the number of defrauded shareholders in the Moscow region"
• “Will Putin continue to chop off the tails of rats in police uniform?”
• “Most likely, Colonel Alexander Mikheev and the head of the rural settlement of Lunevo Nadezhda Tyutina will appear before the court?”

Report to the President of the Russian Federation Boris Titov made after his speech at the business round table “Russia – China: Strategic Economic Partnership” (see russian-chinese.com), which took place as part of the St. Petersburg International Economic Forum 2014. It took two years to prepare the invoice of the report. The round table was a continuation of the meeting between Russian President Vladimir Putin and the Chairman of the People's Republic of China Xi Jinping, and then Chinese businessmen received assurances that the situation with police corruption would be examined more closely.

And now it has become clear that this is indeed the case. Many corrupt officials in uniform lost their positions, and some went to cut down forests. Following their negligent law enforcement officers, the governors of several regions also lost their positions. They usually worked in conjunction with the police officials of their territories and received their percentage from them.

Cash flow diagram in UEB and PC

WEB and PC is not a cheap service. More than 800,000,000 rubles are allocated from the federal budget per year for it. This structure also has its own security, which, unfortunately, also joined the squad of rats and began to defend not the Law, but the rats themselves in uniform. In the Ministry of Internal Affairs of the Moscow Region, these financial flows are distributed as follows:

This graphic diagram clearly shows how the illegal financial octopus operates in the leadership of the regional police. Its main “motor” is Department of Economic Security and Anti-Corruption(UEB and PC or operational search units (ORCH) of EB and PC). This is at the regional level, and at the district level - ORCh and Departments (EB and PC) or Groups of EB and PC.

Above the head of the Ministry of Internal Affairs of the Moscow region, general Paukov Clouds have been gathering for a long time, but it never came to resignation. And this is strange, because the receipt of the main cash flow from illegal businesses in the RF Ministry of Foreign Affairs system is controlled by the employees of these departments. They are the main criminal “earners” and “breadwinners” of the police. This happens not only in the Moscow region. The entire Russian police force lives and works in a similar way.

Calling this gang in uniform a “group” or a “gang” is incorrect. The correct thing to say is System. It was built a long time ago, debugged and tested over years of criminal “work”, functions independently of the person of the boss and subordinate, and is capable of self-healing and restructuring in the event of the disappearance of any participant or even an entire link.

For example, one of the key figures in the “garbage case”, head of the ORCh EBiPK No. 2 of the Main Directorate of the Ministry of Internal Affairs of Russia for the Moscow Region, colonel Dmitry Dmitrievich Ilyashenko, responsible in this System for connections with semi-criminal, “gray” business, went on vacation and, according to some information, is already abroad. Head of the 1st department of the operational and operational department of the UEB and PC for the Moscow region, colonel of the Ministry of Internal Affairs Ilya Dudiy temporarily suspended and transferred to another location.

As a result of the loss of two “godfathers”, the cash flow decreased somewhat, but still – The system is functioning: “Receipts without punishing the colonels Tsurkana And Mikheeva »

Economic security and anti-corruption units are special units within the structure of the Ministry of Internal Affairs. They are the heirs of the Soviet OBKhSS. Although socialist ownership is long gone, the “production norm” of 10 materials per operative per month remains. Quantitative indicators, as a key criterion for the good work of the BEP units of the Ministry of Internal Affairs, are in fact a complete profanation.

In order to maintain their positions, both ordinary operatives and heads of district departments are forced to engage in registrations, initiate fictitious and insignificant cases and pay monthly fixed amounts to their management, which turns a blind eye to these massive falsifications of work results. Employees who want to work honestly in this department, as a rule, do not stay long, The system rejects them.

How the Rat System Works

General in the Moscow Regional Duma Victor Paukov Not long ago, he reported on “suppressed” 2,500 economic crimes in 2016. He received applause and, perhaps, received a well-deserved bonus. But he didn’t say that it was brought to court only 10% of cases and the stated quantity. Moreover, most of them fell apart in the courts due to lack of evidence and poorly conducted investigations.

In 2016, the Federal Tax Service transferred 80 operational materials to the UEB and PC of the Moscow Region for investigation under the Criminal Code of the Russian Federation, Art. 159 part 4 (fraud in business activities). It came to court total 3 affairs. Was not convicted nobody. It turns out that 90 percent of UEB and PC - an elite unit of the Moscow Region Ministry of Internal Affairs - running in vain, although the maintenance of this tool to combat corruption and economic crimes is not cheap for the state.

Let us note once again that the annual budget (purchase of equipment, operational activities, etc.) of the Moscow region electronics and PC for 2016 is 800 million rubles. In total, there are 34 district departments of ES and PC in the Moscow region. On average, there are 15 people in each, plus the central management for a total of at least 500 people.

Almost every Russian businessman knows what most of these young, healthy men with higher education do during working hours. Firstly, they are forced to “earn” in order to maintain their position. How? Collect monthly tribute from entrepreneurs on its territory. For those businessmen who want to work in peace: pay, otherwise you can easily lose your business.

Secondly, they close cases, “resolve issues” for a fee from those who should be fighting - the real ones scammers And criminal businessmen. The prices for such services have not been a secret for a long time: “closing” a case in the central office of the UEB and PC of the Moscow region costs from $100,000 and above. The remaining free time (very little) is devoted to civil service, for which they receive a monthly salary from the state.

How the rat system collects money

So, let's look at how the System functions. This version was published by rospres.org (see above). The green color in the diagram indicates the flow of money into the System from external sources. There are three main sources.

First– medium business. He is trained at the level of operatives and regional divisions of the Economic Security Bureau and PC. Second- the heads of departments in the Economic Security Department and the PC of the Ministry of Internal Affairs of the Moscow Region are already receiving one large enterprise as their feed. Third– centralized regular deductions from large businesses in the Moscow region, “milking entrepreneurs.” The total annual cash flow from these three sources is about 15–16 billion rubles per year.

Cash flows within the System are indicated in red. Monthly payments from the heads of lower divisions, district departments of the Economic Security Service and the PC are already a distribution of money previously received into the System.

In the Moscow region there are different areas: “rich” and poor.” The norm for seven “rich” areas ( Istrinsky or Leninsky, for example) OEB and PC - from 10 million rubles. "Poor people", sort of Taldomsky district - one million rubles each, and even less. It should be noted that this money is not at all the personal property of the head of the department. 90 percent of the amount collected goes up the corporate ladder.

For example, for the head of the WEB and PC of the Moscow region, Colonel Vyacheslav Tsurkan personal business - special penalty parking lots in the Serpukhov district (he is the former head of the Economic Security Department and PC of this district). He is forced to share the rest of his income if he wants to hold his position: monthly company, bottled water producer " Shishkin Les" V Naro-Fominsk area, pays $1 million for “assistance”, in addition, “interest” on monthly payments from the heads of the district departments of ES and PC.

The key figure in this scheme is Vyacheslav Tsurkan’s deputy, Colonel Alexander Mikheev. The bulk of payments from large businesses in the Moscow region go through his assistants (the colonel is responsible for this direction Ilya Dudiy), as well as regular payments from the criminal community, the so-called “ thieves in law", (Colonel's area of ​​responsibility Dmitry Ilyashenko) for assistance in criminal business (illegal garbage dumps, “gray” sand and gravel mining).

Colonels Dudiy And Ilyashenko- “collectors”, that is, those who directly visit enterprises, “resolve issues”, and take money. Colonel Mikheev- This is perhaps some kind of distribution center. With his participation, finances are distributed within the System - to the head of the regional department of internal security (CSD) of the Ministry of Internal Affairs, the head of the regional traffic police, the head of the WEB and PC, and other heads of departments.

At the top of the “pyramid” is the head of the Ministry of Internal Affairs of the Russian Federation for the Moscow Region, General Victor Paukov. But he is neither the creator nor the beneficiary of this financial scheme. Rather, he himself is her “hostage”.

With the knowledge Mikheeva“black cash” goes outside the System (to judges, prosecutors, employees of the Ministry of Emergency Situations, forensic experts, employees of Rospotrebnadzor, etc.). In the diagram, this movement of money is indicated in blue.

Putin: There is a lot of work to combat corruption

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Everyone, of course, is well aware that the time has come for big changes in the internal affairs system. Some services are being abolished, others are being reorganized. The series of reforms and transformations did not bypass the fighters against economic crimes. About the structural changes in the service, about the work of its employees in the new format - our conversation today with the acting head of the Department of Economic Security and the PC of the Internal Affairs Directorate for the North-Eastern Administrative District, Police Lieutenant Colonel Sergei Zhukov.

Sergei Alexandrovich, your unit is now the youngest in the system of the capital’s headquarters. Its abbreviation still sounds so unusual that I would like to say OBEP in the old fashioned way instead of OEB. But the difference is not only in the change of signs?
- Without a doubt. The former OBEP dealt with economic and official crimes, and the ONP dealt with tax and economic crimes. There was a certain duplication. On November 15, 2010, by order of the head of the Moscow City Internal Affairs Directorate No. 970, both of these services were reorganized into a single unit, which received its current name. The structure of the OEB is as follows. Instead of the previous four ORCh OBEP and three ORCh ONP, there were four ORCh in the following areas. The 1st ORCh deals with crimes in the financial and credit sphere and is responsible for the illegal trafficking of precious metals and stones, raiding, as well as illegal gambling. The task of the 2nd ORCh employees is to prevent and solve crimes in the consumer market. The 3rd ORCh is entrusted with the suppression of crimes in the sphere of housing and communal services, fuel and energy complex and misuse of budget funds, including those allocated for priority national projects. The 4th ORC is engaged in identifying crimes in the tax area. Also within the structure of the OEB there is also an anti-corruption department.
- You have been acting as a manager for three months now, are there any results?
- Yes. Even despite the almost 30% reduction in department staff, since the beginning of the year we have identified 299 separate criminal cases, which in terms of workload per detective exceeds not only the city average, but also the same figure last year. 126 persons were brought to criminal responsibility, of which 106 were accused of committing grave and especially grave crimes. Today, these are some of the best indicators among the economic security departments of the central administration. I am especially proud that we managed to move away from practice and resist the temptation to improve our results through only episodes in criminal cases and firmly take the path of strict adherence to official and accounting discipline. If previously about 10-15% of citizens' appeals from the total number were actually complaints about the inaction of employees, violation of citizens' rights, rudeness in communication, seizure of documents unnecessary for an inspection, failure to notify of a decision, etc., now we have put things in order , they said goodbye to someone, they managed to convince someone to reconsider their attitude towards work. The absence of complaints about the actions or inaction of my subordinates over the last period is direct proof of this.
- Could you tell us what problems residents of the district most often appear on your doorstep with?
- During the reporting period, the number of citizens’ appeals continues to grow, and this, in my opinion, is evidence of increased public confidence in the internal affairs bodies. The appeals are varied - from small everyday issues to crimes that are difficult to prove. If we look at the cross-section of each operational investigative unit, then through the 1st ORCh in the credit and financial sphere the main applicants are banking structures, insurance and other companies, and the population applies on the facts of illegal write-off of funds from credit and salary cards or debt obligations between citizens, which are civil legal relations and are subject to resolution in court. Another thing is illegal gambling and raiding, which are within the competence of this ORF. During the existence of the department, we have completely liquidated the entire gambling business in the serviced territory. 69 gambling outlets (clubs) and one underground poker club were identified and closed. Over 2,500 slot machines were seized. Materials on all facts have been submitted to the court. Also, since the beginning of the year, the department has received four statements about forceful seizures of objects, for two of which the facts were confirmed and criminal cases were initiated.
- And what are they capturing?
- In the first case, a non-residential building on Bibirevskaya Street with an area of ​​400 square meters. m, in the second - a non-residential building on 1st Ostankinskaya Street with an area of ​​over 4000 sq. m. m, owned by a foreign citizen.
- Let's return to the current problems being solved by you and your subordinates.
- In the 2nd ORCh, many complaints from citizens come from negligent sellers who sell low-quality goods and refuse citizens to return or exchange goods (usually phones, computers and other household electrical equipment), as well as complaints about poor quality or incomplete work works or services (car services, sale and repair of cars). In the overwhelming majority, all these cases fall under the category of civil legal relations subject to consideration in court. At the same time, in the notification to the applicant, we inform the applicant in detail how to resolve this problem and where to file a statement or claim.
A large number of requests were received by the department from copyright holders or their representatives, whose products on audio and video media were illegally distributed on the Savelovsky market. In terms of the number of sales of counterfeit CDs and DVDs, this retail outlet was known far beyond Russia. In order to restore order, we carried out constant, targeted work to suppress the trade in counterfeit goods at this retail facility. To date, we have managed to turn the situation around, restore order there and stop the sale of unlicensed audio-video products. And although, unfortunately, we are still recording individual facts, this trade is happening under the counter, and not as previously in open sale. We understand that this problem cannot be solved only by constant checks and control; it is necessary to involve in this work, and sometimes hold accountable both the administration of the shopping center and private security companies, in front of which this trade is taking place, and representatives of the structures that give permission to trade in such "entrepreneurs"
In addition to suppressing cases of audio-video piracy, special attention is paid to the violation of various copyrights. Those who like to make money from someone else’s work go to any lengths. Recently, various reproductions with clocks built into the canvas are increasingly appearing on sale, which are in high demand. Moreover, such reproductions are works that have an author, and he did not consent to the reproduction of his works. Such products are subject to copyright infringement. To suppress such facts, we monitor the entire chain - from sales to production. And in the near future, a number of criminal cases will be brought to the attention of the public.
The employees of the 3rd ORCh also have enough work to do. The main flow of requests comes through the housing and communal services sector. These are facts of creating an HOA by forging the signatures of residents, inflating tariffs, collecting unforeseen payments, non-existent repairs or at inflated prices, theft of funds by representatives of the HOA, contractors and management companies. During the reporting period, we identified five facts when allocated budget funds were used for other purposes or were embezzled. 4 criminal cases have been initiated. The most significant is the criminal case against citizens Akimova and Romanov. Akimov, being the head of the branch of the Moscow Chamber of Commerce and Industry in the North-East Administrative District and at the same time the General Director of the NP "Center for Business and Assistance in the Development of Housing and Communal Services of the North-East Administrative District", using a trusting relationship with Romanov, who holds the position of director of the state institution "Customer of external improvement of the North-Eastern Administrative District" from May to December In 2008, fraudulently, through fictitious government tenders, she concluded 95 government contracts, which had previously been completed in full by the Moscow Chamber of Commerce and Industry in the North-Eastern Administrative District for a total amount of 4,303,514 rubles.
Presenting the work of the 4th ORCh, I admit that here we do not look in the best light, since only 3 specialized criminal cases have been initiated for tax crimes. The main problem is related to changes in legislation and the transfer of tax files from January 1, 2011 to the units of the Investigative Committee of Russia, the absence or small number of investigators specializing in the investigation of tax structures. We have provided a set of practical measures to change the current situation in the district.
Despite the insignificant number of tax crimes, employees of the 4th ORCh skillfully resist and protect citizens from the arbitrariness of negligent leaders. Non-payment of wages today accounts for about 40% of the total number of applications received by the department. Among the most high-profile cases related to non-payment of wages, a criminal case was initiated based on the results of a documentary check carried out by specialist auditors of the department against FinKomProm CJSC, Kontinent CJSC and TNV KommunalServis and Co., whose offices are located on Ogorodny passage, 5. and are part of the Business Center for Disabled People, which implements the state program to support people with disabilities. During the audit, it was established that the heads of these organizations, having in their current accounts sufficient funds necessary to pay wages to disabled employees, did not pay them in full, pursuing personal selfish goals. Thus, about 2 thousand disabled people, who received wages from the federal budget, were deceived. How the heads of enterprises disposed of previously received budget funds remains to be clarified during the investigation.
Among the problems due to which we are unable to help citizens receive wages is the inattention of citizens when applying for a job. Often, our applicants cannot officially confirm the fact that they work for the employer, since no documents were drawn up when hiring. It is necessary to pay attention to making all payments without using bank accounts, “black cash”, issuing salaries in “envelopes”, without contributions to pension and other funds and without submitting reports to the tax office. Refusal to work at such enterprises and timely informing the tax authorities will allow the citizen not to be deceived and to protect his rights during the investigation of a criminal case.
Based on this, my advice to readers is: to ensure that the law is always on your side, before starting work, even for a trial period, you need to draw up an appropriate employment contract. There shouldn’t be any “start work, and then documents”!
- We have approached a new and most pressing area - corruption.
- Relevant, but not new, since this direction existed before in OBEP. The only thing is that we have now moved away from the practice of dealing only with “doctors and teachers” and have focused our main efforts on monitoring government bodies at the district and district level, as well as employees of fiscal authorities: tax inspectorates and bailiff services, other state and municipal institutions.
Over the past period, 48 criminal cases have been initiated against government authorities, for which 11 officials were brought to criminal liability, including the head of the consumer market department of one of the district administrations, 4 tax inspectors of the Federal Tax Service for the North-Eastern Administrative District, 4 bailiffs of the North-Eastern Administrative District, and other bodies. In the third quarter, the work against corrupt county officials will only increase, and we will also inform the public about our successes.
I cannot help but reflect the problem of legal nihilism, especially when carrying out official activities and sending requests based on materials being processed by the department in accordance with paragraphs 3.4 of Article 13 of the Law “On the Police”. A number of commercial structures, including banking ones, often ignore the requirements of the law and do not provide information when requested, or not in full. We do not ignore any such fact and bring the perpetrators of these organizations to administrative responsibility under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation in the form of a fine. We will make public information about such organizations that systematically violate the law through the media.
- Please tell us about the team of the department you head.
- The team is new, there are a lot of young people, there are employees who find it difficult to perceive changes in the police department. Everyone needs their own approach. Despite this, in general they are all competent specialists with a desire to serve and achieve results. Everyone has either a higher legal or higher economic education, while others have both. At the same time, I understand that diplomas are diplomas, but we live in a constantly changing legal environment, and an employee, now a police officer, like no one else, is obliged to keep up with the times. Therefore, weekly training sessions are conducted with the personnel with the involvement of relevant specialists. We plan to make more active use of computer technologies, including electronic document management and other modern software products.
- Good luck to you in your difficult work. Thanks for the conversation.