The Moscow City Court assessed the legality of the decision of the first instance in the case of the property of former FSB officer Andrei Vasiliev, who was accused of fraud on an especially large scale. As a result, the Prosecutor General's Office denied the claim, and the defense's complaint was satisfied - the previously confiscated mansion was returned to Vasiliev. More details - in the material. The Moscow City Court rejected the appeal of the Prosecutor General's Office, which tried to confiscate 62 land seven houses from relatives of Andrey Vasiliev, an ex-employee of the "banking" department of the FSB. On Friday, February 18, writes "Kommersant".

Vasiliev was accused of particularly large-scale fraud and released from criminal liability after the statute of limitations expired. The fate of his family's property was determined in December last year by the Khoroshevsky District Court, but both the plaintiff and the defendant were dissatisfied with the decision of the court of first instance, the publication reminds. The Moscow City Court on the eve assessed the legality of the relevant resolution.

Positions of the parties

The Prosecutor General's Office argued that the real estate objects belonging to Vasilyev's relatives were acquired due to his corrupt connections, and therefore are subject to confiscation. District judge Yevgeny Yablokov recognized as unconfirmed purchases only a small part of the assets - 28 out of 90 sites and one out of eight houses in the Moscow region. The supervisory authority asked the Moscow City Court to reconsider this decision.

In turn, the defendant's defense considered the conclusions of Judge Yablokov to be excessively harsh and also appealed them to the Moscow City Court, asking them to reduce the amount of confiscated property. At the meeting on Thursday, both the presentation of the prosecutor's office and the complaint of the defense were considered at the same time.

The Moscow City Court as a whole found justified the conclusions of the district judge, who limited the claims of the Prosecutor General's Office to strict time limits.

According to the conclusions of the first instance, only real estate that came into the family from the moment the "anti-corruption" law No. 230 came into force on January 1, 2013, which obligated civil servants and members of their families to declare their large acquisitions, was subject to confiscation, until March 19, 2014, when Vasilyev was dismissed from the FSB.

Thus, the claim of the Prosecutor General's Office was rejected. In turn, the defendant's lawyer, Alexander Gofshtein, managed to convince the second instance that one of the Vasiliev family's residential buildings was confiscated by accident, and returned it. He provided the court with documents confirming that the mansion was built by the family after Vasiliev's dismissal.

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Major Vasiliev’s case

The former head of the 2nd “banking” section of department “K” of the Economic Security Service of the FSB Andrey Vasiliev was accused of especially large-scale fraud (part 4 of article 159 of the Criminal Code of the Russian Federation), committed together with ex - the head of this department, Kirill Cherkalin, and the retired deputy head of the "K" department, Dmitry Frolov. Cherkalin fully admitted his guilt, and therefore was sentenced in a special order for seven years. His assets were confiscated for 6 billion rubles.

In December 2021, the 235th garrison military court terminated the criminal prosecution of Major Vasiliev on non-rehabilitating grounds, taking into account the 10-year prescription of the crime he was accused of.

At the stage of the preliminary investigation, the Investigative Committee obtained a court seizure of property belonging to Vasiliev and his relatives. In addition to numerous real estate, the list included a Lexus LX450D, a collection of 17 pieces of predominantly gold branded watches, and personal savings in the amount of about $7 million.

The total value of the arrested, according to the Prosecutor General's Office, amounted to about 1 billion 159 million rubles.

Businessmen Sergei Glyadelkin and Igor Tkach, victims of a criminal case of fraud, claimed this money, claiming 638 million rubles against ex-FSB officers, but Vasilyev returned the watch and currency, asking the 235th garrison court to remove the arrest from them together with the termination of criminal prosecution.

“There was a delay with real estate, because even before Andrei Vasiliev left the criminal case, the Prosecutor General's Office applied to another civil court demanding the nationalization of his property in connection with violation of anti-corruption laws. The district court refused to confiscate watches and money.

Now, after three courts have, in fact, freed Vasilyev from criminal and material liability, apparently, not only the victims, but also the supervision should forget about their claims to his property, ”the publication notes./ iCommenting on the situation, observers point to the obvious imperfection of the anti-corruption laws in force in the country. “On the example of this process, we see that in fact a person exempted from liability only because of the statute of limitations, not only avoided a long prison sentence, but also retained almost all of his assets, the origin of which remains at least doubtful,” said political scientist Grigory Alexandrov.

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Fighting corruption

From January 1, 2013, Russian civil servants report not only on income, but also on expenses, including the expenses of their wives (husbands) and children. Transactions on the acquisition of a land plot, real estate, a vehicle, securities, shares are subject to verification if the transaction amount exceeds the total income for the last three years.

Declaration is also mandatory for the sources of funds at the expense of which transactions were concluded.

On August 19, 2013, a ban came into force for officials to have accounts in foreign banks. For non-compliance with these requirements, administrative punishment is provided, up to dismissal with the wording "due to loss of confidence." Civil servants, according to the law, do not have the right to engage in commercial or entrepreneurial activities, reminds TASS.

Most Russians are sure that the declarations of senior officials do not reflect all the income and property that they possess. According to sociological services, attention to the detentions of high-ranking officials among the population is rather weak. Such arrests in 40% of the respondents "do not cause any special feelings", in 34% - "satisfaction".

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