Complaint to S.V. Kudeneyev, Prosecutor of the city of Moscow

To: S. V. Kudeneyev
Prosecutor of the city of Moscow

From: M. S. Dolomanov
Attorney, Dolomanov & Partners
Registry Number 77/922



When I was received at the Russian General Prosecutor’s Office on 12 March 2012, I handed over to the host party a statement dated 11 March 2012 by Andrei F. Borodin addressed to the General Prosecutor of the Russian Federation to be considered on its merits.  The statement contained facts pointing to misapplication of budget funds and numerous legal violations during the so-called “financial restructuring” of the Bank of Moscow.

On 16 March 2012 Mr Borodin’s statement was groundlessly forwarded by the Russian General Prosecutor’s Office to the Investigations Department of the Russian Interior Ministry to check the arguments in the course of the investigation of Criminal Case No. 89816. I have lodged a complaint against that action. Because my complaint was granted, Mr Borodin’s statement was forwarded to the Russian Interior Ministry Main Administration for Moscow Economic Security and Corruption Control Directorate to organize a check under Articles 144-145 of the Code of Criminal Procedure of the Russian Federation. Continue reading

European Parliament resolution on the Political use of justice in Russia

The European Parliament,

–      having regard to its previous reports and resolutions on Russia, in particular its resolutions of 15 March 2012on the outcome of the presidential elections in Russia, of 16 February 2012 on the upcoming presidential election in Russia, of 14 December 2011on the State Duma election and of 7 July 2011on preparations for the Russian State Duma elections in December 2011,

–      having regard to the ongoing negotiations for a new agreement providing a new comprehensive framework for EU-Russia relations, as well as to the ‘Partnership for Modernisation’ initiated in 2010,

–      having regard to the International Covenant on Civil and Political Rights and to the Convention for the Protection of Human Rights and Fundamental Freedoms, which states that everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law, Continue reading

Message of General Prosecutor’s Office

General Prosecutor’s Office of the Russian Federation
15a Bolshaya Dmitrovka St.
Moscow GSP-3 125993, Russia
11 July 2012 No. 69/1-974-2012

To Mr M. S. Dolomanov
Dolomanov & Partners
4/17 Pokrovskiy Blvd. Building 1, Office 9
Moscow 101000

[Dear Mr Dolomanov:]

Your request concerning your disagreement with the decision of the Directorate for Economic Security and Countering Corruption of the Russian Interior Ministry Main Administration for Moscow to refuse the opening of a criminal case in the interests of Mr. A. F. Borodin has been considered.

It has been established that the Directorate has conducted a check of the report on possible improper use of funds in the amount of 103 billion roubles earned from the sale of shares of OAO Bank of Moscow and OAO Stolichnaya Strakhovaya Gruppa by the Government of Moscow, pursuant to Articles 144-145 of the Code of Criminal Procedure of the Russian Federation. Based on the results of the check, the Directorate issued a resolution to refuse the opening of a criminal case due to the absence of the event of crime. Continue reading

Moscow Commercial Court Decision, 16 July 2012


17 Bolshaya Tulskaya St., Moscow 115191



In the name of the Russian Federation

 Moscow Case # A40-72710/11


 16 July 2012

The operative part of the decision was announced on 10 July 2012

Full text of the decision was produced on 16 July 2012


Commercial Court made up of Judge A. A. Kochetkov,

With the minutes of the court session taken by assistant G. A. Sukhareva,

Having considered in an open session a claim by ZAO Finansovyy Assistent

Against AKB Bank of Moscow (Open Joint-Stock Company), Marvil Management, Ltd.

Third parties: Billiton, Ltd., OOO Registrator KRTs

For reclamation from alien unlawful possession of nominal equities and their entry on a personal account of the claimant

With participation of representatives:

From the claimant – M. V. Sizov, power of attorney of 9 December, 2011

From the 1-st defendant – failure to appear

From the 2nd defendant – Y. I. Reznik, power of attorney of 12 December 2011

From the 1st 3rd party – Y. I. Reznik, power of attorney of 26 January 2012

From the 2nd 3rd party – failure to appear


The claim is made to reclaim from alien unlawful possession by Marvil Management, Ltd., of nominal equities of OAO Stolichnaya Strakhovata Kompaniya in the amount of two units, share issue government registration number 1-01-55281-E and obligate AKB Bank of Moscow (Open Joint-Stock Company) to charge off account #003003П01, belonging to Marvil Management, Ltd., two equities of OAO Stolichnaya Strakhovaya Gruppa, issue registration number 003003П01, and enter them on account #000993П01, belonging to ZAO Finansovyy Assistent.

The claimant has supported the claim. Continue reading

Complaint Submitted by Andrey Borodins Defence

To: Lieutenant General V.V. Kozhokar

Chief, Investigations Department, Russian Interior Ministry

6 Gazetnyy Pereulok, Moscow 125009

From: Defence Lawyers:

 M.S. Dolomanov

Dolomanov and Partners Bar

V.N. Krasnov

Gauf and Partners Bar

D.V. Kharitonov

Gridnev and Partners Bar

In defence of A.F. Borodin


 In the established procedure, we are carrying out defence of A.F. Borodin in criminal cases being investigated by the Investigations Department of the Russian Interior Ministry.

Throughout the entire period of the criminal prosecution against A.F. Borodin, officials of the Interior subdivision under your supervision have been conducting a purpose-oriented defamation campaign. Apart from constant “leaks” to the media by “sources close to the Investigations Department who wished to remain anonymous” on criminal cases allegedly under investigation with their specific circumstances named, similar unlawful activity is being conducted officially. Continue reading

Complaint Submitted by Andrey Borodins Defence

Attn: Lieutenant-General (Police) V.V. Kozhokar,

Head, Investigative Department, RF Interior Ministry

[from] attorneys

M.S. Dolomanov

Law firm «Dolomanov and Partners»,

14/17 Pokrovsky Blvd., Bldg. 1, Suite 9, Moscow, 101000

V.N. Krasnov

Law firm «Gauf and Partners»

7 B. Strochenovsky Lane, Moscow, 115054

D.V. Kharitonov

Law firm «Gridnev and Partners»

1 Golutvinsky Lane, Domus Business center, Suite 9, Moscow, 119180

In defense of A.F. Borodin


(as per Art. 124 of the RF CCP)

On September 29, 2011, the head of the investigative group handling criminal case №89816 issued an order to indict A.F. Borodin as a defendant whereby he was charged with committing the crime contemplated in part 4, Art. 159 of the RF CC.
We will show below that charging A.F. Borodin with committing fraud is knowingly false, whereas the order to indict him as a defendant (subsequently, “the Indictment”) is inconsistent with the provisions of part 4, Art. 7 and Art. 171 of the RF CCP. In particular, it fails to describe properly circumstances subject to proof due to the rules contained in paragraphs1-4, Art. 73 of the RF CCP, which significantly infringes on the right to defense and, therefore, evidences a violation of guarantees afforded A.F. Borodin [under] Art. 46 (part 1), Art. 48 (part 1) of the RF Constitution, Art. 11 of the RF CCP. Continue reading