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"Aren't you ashamed to deceive the court?": where did the case of "dispossession" of the former head of the Investigative Committee department in Kazan turn
“Isn’t it shameful to deceive the court?”: Where is the case of “dekulakization” of the former head of the Investigative Committee in Kazan headed?
“Spiridonov’s claims were launched in order to evade Mustafin’s responsibility for violations in the field of anti-corruption,” - the representative of the prosecutor’s office insisted on this version from the first days of considering the claim for the disputed property in the Privolzhsky District Court of Kazan.
Businessman Eduard Spiridonov made his claim in April 2023, and the claim of the then Tatarstan prosecutor Ildus Nafikov was submitted to the Sovetsky District Court only in early September of the same year.
Currently, Marcel Mustafin heads the Nizhny Novgorod department of the Nizhny Novgorod Regional Investigative Committee. In fact, he still holds the title of manager with the prefix "i". "Old".
The claims of the supervisory authorities against the VIP investigator concern the period of his work in Kazan as the head of the Kazan Volga Regional Investigative Department in 2015-2023 and relate to the acquisition of 34 million 400 thousand rubles: a Lexus car of the 2018 model and 5 real estate properties: a non-residential 138.4 sq. m, a plot of 0.13 hectares with an unfinished cottage and a bathhouse, an apartment already sold in Turkey and a non-residential building in Kazan. The prosecutor's office estimated the transferred assets at 6 million rubles, and the untransferred assets should be confiscated in kind by the state.
Personally, Mustafina is not listed in any of the above. His retired mother, housewife wife, and former classmate Almaz Zalaltdinov appeared as co-defendants. Since 2019, the latter has been listed as the owner of the land in the village of Altan, on which a two-story house with a bathhouse was built. However, both in the Soviet court in Kazan and in the Volga court, Zalaltdinov called Mustafin himself the actual owner of this property.
Accordingly, Spiridonov asked the Volga District Court in Kazan to transfer and re-register the same property in Altana to him, referring to the 2021 purchase and sale agreement and the receipt for the transfer of money in the amount of 25 million rubles. The defendant called the plaintiff a fraudster and stated that he did not know, and signed the contract and receipt at the request of Mustafin in 2023. In the counterclaim, Zalaltdinov asked to declare all purchase and sale documents invalid.
The Volga Regional Court of Kazan has long investigated this story and this fall found Spiridonov's claims unfounded, satisfying the demands of the counterclaim. I will tell you more about the court's conclusions later. This decision has already been appealed by the plaintiff businessman's representative and his friend the investigator.
The delay in the civil dispute between the two "owners" was due to the plaintiff's repeated absences. Eduard Spiridonov appeared in court at the second hearing of his case in early September 2024. He said that he spends most of his time abroad, where his son studies. At the same time, he shared with the court information that he is in his fourth marriage and is the father of many children.
In open sources, Spiridonov from Nizhnekamsk has only two closed individual entrepreneurs, including one for watch and jewelry repair and a small business in Chelny in the general medical field, which has not been operating for more than 15 years.
At the same time, the plaintiff presented himself in court as a very wealthy person, confident that he could afford two villas like the ones in Altan even today.
“Your Honor, I really want my house to remain my home,” said Eduard Spiridonov in the Volga court. According to him, he met the landowner Almaz Zalaltdinov at the suggestion of his friend Marcel Mustafin. At first he was going to buy a house in the suburbs. “Almaz convinced me that it would be better to build it myself. I would know everything. This was a bribe for me,” the businessman explained his case. He went to the place in February 2021 and saw a wealthy neighbor. Someone had already completed construction, and he agreed to the landowner’s offer. “If you build me a house, I need land. He said: let's draw up an agreement. I said: I will make up and go ...”
As Spiridonov said, the signing of the contract and the transfer of funds for the receipt took place at his home. According to him, despite Mustafin's recommendations, at first he did not trust Zalaltdinov. He was especially surprised when he came to the site, measured something with a tape measure, and there was nothing to complain about. I looked at the outline, everything was fine. I even built a bathhouse there. And I went into it and relaxed. The fact is that I gave him almost $ 25 million. ”
Judge Yulia Eremchenko asked why the plot was not re-registered with the plaintiff. He replied: “I trusted too much, and it was easier for Zalaltdinov to solve the problem of connecting the building to electricity and gas himself.” And he added indignantly: “And now I see that he wants to take my house for himself?!” I need the house again. If necessary, I will recruit five more lawyers!
According to Spiridonov, according to the contract, the issue of re-registration of the property was to be resolved after the completion of construction. At the same time, a meeting was scheduled for April 1, 2023 at the MFC to register the transaction. Zalaltdinov did not come to it.
— Эдвард, тебе не стыдно обмануть суд? - спросил подсудимый Алмаз Залалтдинов, пытаясь "расколоть" Спиридонова примитивными вопросами. Сколько этажей в доме и на какой стороне ванная? Истец ответил правильно. Однако номер телефона, по которому якобы связывался с Залалтдиновым, я назвать не смог. «Когда он не ответил, я испугался и выбросил телефон», — объяснил суду бизнесмен. Но он пообещал предоставить распечатки телефонных разговоров и частных счетов за электроэнергию для спорных объектов, чтобы проверить свои слова.
В дальнейшем мы увидим, что ни одного звонка на номер Залалтдинова в печатном виде обнаружено не было. Обещанного платежа суд так и не увидел.
- Когда мы встретились?
«Несколько раз у меня дома», — ответил он.
- Но я тебя совсем не знаю...
Спиридонов рассказал «о других продуктах», не назвав ни одного бренда.
— При каких обстоятельствах земля стала вашей? — спросил судья подсудимого.
— В 2019 году Марсель Мустафин попросил меня зарегистрировать землю на свое имя. Земля принадлежала Татфондбанку, и банк обанкротился. И Сбер купил это имущество. Мустафин дал мне 3 миллиона рублей наличными и дал все свои контакты. Я пошел. Я получил квитанцию. Я контактировал с людьми. Я пошел в отделение Сбербанка и оплатил. У меня есть квитанция. Он сказал ему. Все официально. И пока надо мной нависала земля, он там участвовал в строительстве», — пояснил Залалтдинов.
- Не знаю, ваша честь. Когда я приходил к нему несколько раз, он звонил мне и говорил: «Я в Алтане, приезжай сюда». Я подъехал, и мы поговорили.
По словам Залалтдинова, и дом, и баня в настоящее время числятся недостроенными. И права на них никто юридически не оформил. «Я отключил там электричество. Потому что все счета пришли ко мне. И контракт с «Энергосбытом» был расторгнут», — добавил он. - Потому что я неоднократно передавал Марселю чеки через своего младшего брата и просил его вернуть мне деньги. «Там был долг за электричество, и электричество отключили».
На вопрос, закупал ли ответчик материалы для этого строительства, последовал отрицательный ответ. «Я оплатил покупку только по его просьбе, после чего он передал ее мне...» По мнению Алмаза Залалтдинова, схема была построена фактическими владельцами ввиду их нежелания регистрировать свою собственность и афишировать ее ценность в услугах. выбрано.
Судья также проявил интерес к ходу расследования уголовного дела. Теперь подсудимые Залалтдинов и его жена обвиняются в мошенничестве. По версии следствия, в 2022 году главный бухгалтер компании согласился дать взятку в 17 миллионов рублей в обмен на обещание супругов передать средства правоохранителям и налоговикам для исправления на месте налоговых результатов. аудит. По версии обвинения, главный бухгалтер сдал и перевел 5 миллионов рублей, но эти деньги якобы были украдены. Ну а ФНС начислила дополнительно 87 миллионов рублей на выплаты из своего бюджета «взяточникам» компаниям.
First, the bribery case began. And it was on these charges that Zalaltdinov was placed under house arrest from March to July 2023. According to his version, in May last year, Marcel was asked to draw up the same receipt for Spiridonov.
— When you wrote “I received 6 million rubles (from 1 receipt),” didn’t you think that there could be negative consequences? — The judge was surprised.
- He promised to help. And under house arrest, too.
-What happens if I refuse to write?
- Yes, I think it would have been better to refuse. There was no help. He just said that he was my friend, my brother. During Ramadan, not a single date was sent to my home. I just closed my eyes. I signed the Lexus purchase and sale agreement with him. However, the receipt was written crookedly. There are no cadastral numbers for the plots, only the streets are written. And it is big.
Following the trial, the defendant stated that the prosecution's claims against Mustafin were confirmed. "This property is not mine. I didn't have time," he said.
Lieutenant Colonel Marcel Mustafin, now an employee of the Nizhny Novgorod Regional Investigative Committee, also testified in the Privolzhsky District Court of Kazan. He said that he introduced Eduard to Almaz in late 2020 - early 2021. He called the first person his friend. He described the second as follows: "We studied together from the 5th to the 9th grade, lived in the neighboring yard, moved and later met again."
Mustafin told the court: "They agreed that Zalatdinov would sell the land to Spiridonov, and Zalatdinov offered to build a house, assuring that he could do it. Are there any questions about sending the money? I don't know the details. I only know that the money was transferred. Eduard asked me to go there and check it out. To see how the workers start working there, to meet the designers, to help look at the materials...
When asked in court what the witness had to do with the house in Altan, the commission officer repeated: “Eduard asked for as much help as possible during the construction. He said that the work was ongoing. And sometimes I was asked if I could trust Almaz. I said I did… My mother worked in a construction company all her life, and she had many friends in the construction industry.”
The judge said: Zalaltdinov's mother spoke during interrogation about negotiations with Mustafin regarding preventive support for her son. The former head of the Investigative Committee Privolzhsky department said: “I have nothing to do with the judicial system. I cannot influence the solution of the problem in any way. I have been thinking for a long time why this person acted so betrayally to all of us.”
“I think it’s because they expected some help from me,” Mustafin continued.
— Did you pass along a sample receipt through his mother? — followed the judge's question.
- No, no. There was nothing like that. His mother came to me and said she was very worried. She asked me to help her object. I don't remember what.
Mustafin named Zalaltdinov as the owner of the Altan plot. And he said that during the investigation of the Almaz case, he was asked about this property more than once.
— If I think logically, I have a mother, a brother, rich relatives, friends. If the land was mine, I could have registered it and done this construction. Why should I register my property in his name when he has never worked anywhere? He only settled down in the last 3-4 years. Where does he get his money?
In response to the judge's reasonable question, did Mustafin tell his friend Spiridonov about this when he recommended Zalaltdinov? The witness repeated that he did not work, but "shined somewhere and was always moving in commerce."
The judge asked the defendant to question Mustafin. And he said, “There are no questions for him, because this is his property. Your Honor, I don’t know what questions to ask about the lie. Everything he told you was a lie!”
There was also a counterargument that it was defamation. Mustafin said that during the internal investigation of the Investigative Committee of the Republic of Tatarstan, Zalaltdinov said that he had transferred his Lexus to a former classmate in installments. And later he changed his testimony. “He clearly contradicts himself. A complete lie! - the lieutenant colonel was indignant, adding that Zalaltdinov strangely changed his testimony immediately after his release from house arrest.
The next court hearing, in late September, was a legal battle. Neither the plaintiffs nor the uniformed witnesses showed up to meet them.
Lawyer Dilyara Burmistrova, representing Mustafin, said the defendant had developed a personal enmity towards her client. “Zalaltdinov decided that Mustafin should help him, and since he didn’t, now he says that the house does not belong to Spiridonov and that no one should go there. Please hurt Mustafin’s feelings.”
Burmistrova also commented on the findings of the investigation into the statute of limitations for issuing receipts. And she said that the expert’s conclusion that the receipt from June 2021 was not written before March 2022 can be explained by the client’s words: “He did not find the receipt and simply asked to rewrite it.”
Accordingly, lawyer Ruslan Mingazov asked the court to declare the contract, additional contracts and the same receipts submitted in favor of Zalaltdinov invalid, “since my client did not receive these funds due to lack of funds.” The lawyer also noted that in all documents the alienated object itself is grossly incorrectly indicated, neither the old nor the new cadastral number is indicated. In addition, according to Mingazov, this agreement bypassed the interests of Zalaltdinov’s wife, who had to give her consent to the transaction.
Representative of the Prosecutor General's Office of the Republic of Tatarstan Liliya Fattakhova, referring to the materials of the criminal case against the Zalaltdinovs, reported: “The actual buyer and owner of the property is Mustafin. The designer of the residential building of Bayazitova confirmed that Mustafin and his wife gave instructions for finishing, the house renovation work was under his personal control, and important issues were agreed with his wife.”
Fattakhova also referred to the results of the VIP investigator's lie detector test, which "revealed psychophysical reactions to the issue of property and vehicles in the village of Altan." She also pointed to correspondence between former classmates involved in the case, saying: "Mustafin paid the electricity bill and called the site his own. And Mustafin asked not to disclose information about the house to anyone."
The defendant himself took the same position.
Leaving the hearing room, Judge Yulia Eremchenko announced the operational part of the decision, namely, refusing to satisfy the businessman's claims to transfer the disputed property to him and re-register it. At the same time, the defendant's counterclaims on invalidating the contract, additional agreements and receipts were fully satisfied. In addition, the court imposed on Spiridonov, who lost the case, the obligation to pay legal costs for conducting a technical survey in the amount of 200,000 rubles.
Realnoe Vremya has learned the reasoning behind this decision. Here, the court refers to the results of classmates' correspondence published by the prosecutor, the lack of confirmation of telephone conversations between Zalaltdinov and Spiridonov, as well as an expert opinion on two receipts for 6 million rubles and 220 thousand rubles. It is believed that it was written on June 1 and 27, 2021. Our results show that the handwritten data in this document was written no earlier than March 2022. For other receipts and contracts, experts were unable to establish the limitation period.
The ruling also contains testimony about how Zalaltdinov's mother received documents from Mustafin and gave her son samples of these documents along with a pen. At the same time, the judge did not evaluate the investigator's testimony heard in court and referred to the negative results of the polygraph test.
The Volzhsky Court's decision will only come into force after the Supreme Court of Tatarstan has reviewed the appeal. The case has not yet been sent to the appellate court.
Meanwhile, the Sovetsky District Court of Kazan has resumed consideration of the prosecution's claims against Mustafin. Officially, the case was suspended only for the purpose of assessing the property, but in practice, the parties were "offered to wait for a decision on the dispute between the owners" of the property they are claiming.