August 17, 2010

Can't keep up any more...

"Can't keep up no more" - that is how you can describe my state last week. I did not think that I would be in such despair, so powerless that hands just fall ... however no I had enough power to write this post

I think there is no God, or, he prefers not to look at Russia...

Across Russia, there is a war against corruption or its appearance. And what is it, this corruption, I know perfectly well for over 6 years on personal experience.

... And now, today, another assault of a robbery, which has already become habitual, at a field camp of our family from the gangsters, covered by all structures of law enforcement agencies had happened.

It all began long ago, in 2004, when the pumping station of my father drew the attention of a criminal group. After all, in agriculture, especially in the steppe zone, pumping station and irrigation systems are in demand. And my father a few years before he took a lease on land in Dubovsky area near the river of Pichuga, on this site created from scratch pumping station and restored hundreds of acres of irrigation system of rural settlement Pichuzhinskoe, attained the instalment of electricity. Then he bought this land, built a fence around it, registered at the Federal Registry - all as expected and rented yet another lot 500 meters further away for the camp for the purpose of maintenance of farm machinery and to grow vegetables.



But the fruits of his creation was not destined to be enjoyed. Since 2004, a group of bandits decided to seize it all. Initially, they acted in a simple way: they came on cars with firearms in their hands with threats, demanding to give them everything and leave the place.

But my father bravely defended our property. At one point even had to hire a non-departmental security. But having connections in the police, the bandits have agreed with the security administration, and it was removed. Where do they get such links, it will become clear in the later.

Soon, father had to defend himself and property already armed. This happened in the summer of 2004, when the bandits once again invaded the private territory. At three o'clock in the morning with firearms and machetes in 2 cars without number plates, they arrived at the pumping station. The father immediately called the police and the attackers were met with a shotgun, together with my uncle against a dozen of bandits. In a terrible intensity they held out until the police came, not allowing criminals to commit any action or escape. All of them were detained by Police and were taken to the office, weapons seized, photographed, and identified on the Operational Data Set that they belong to criminal group. The father filed a petition to initiate criminal proceedings.

But what was surprising when a couple of days in the Dubovsky district police initiating a criminal case and charged my father with aggravated assault. Well, it turns out, he attacked a dozen poor tourists that at 3 o'clock passed by and decided to swim. Questions why "tourists" were armed to the teeth, why their cars had no number plates and why they go to the fenced and guarded area marked by the sign "Private Property" in the case have not been reflected. By order of the Dubovsky area Attorney our and father's brother houses had been searched.

And the "tourists" happily testified, and my father with his brother almost had put in jail. He was saved only because he began to appeal to all higher authorities, the regional prosecutor's office, the FSB, who, seeing a clear fabricated nature of the case, insisted on its termination.

Of course, it is good that the case against father was closed, but the case of an attack on him was never initiated. Overall, during these 6 years we have accumulated quite a collection of denied materials (refusals of initiation of criminal case), about 20.

Acts of intimidation have continued. That there were telephone threats, that were recorded on tape , assaults again at the pump station, and even attempts to break into the apartment, luckily our entrance area is separated with metal doors and bars. A police ... police to say the least was dormant, though it was active but not the way it had to.

Aware of its total impunity, and seeing the expected impact of the methods used, the bandits turned to decisive action.

On August 28, 2004, was made an assassination attempt on my father when he was coming home from a car park. He survived only by a miracle. May be not so much by the miracle, but by his cautiousness, physical training and assistance conscious citizens.

It was like this. Returning home (we live on Spartanovka), passing through the planting of shrubs, the father heard the noise of running on his people. He grabbed his hunting knife, which recently has always carried with him, anticipating such a development.

Three of the attackers began furiously beating father with the metal pipes, knocking him to the ground. But my father managed to extricate himself and wounded two of the assailants with a knife. Due to this he was able to get up and run into the yard. His cries for help heard guys who were playing cards nearby. They rushed to help. Meanwhile, the attackers caught up with father who was about to lose consciousness and began to kill him. But frightened by the screams of witnesses, the criminals fled.

Almost at death, my father was taken to hospital, where almost for two months doctors were fighting for his life and health. It was terrible to look at his fist-sized bruises all over his body. Fortunately my father survived and remained more or less healthy.

As he lay in hospital, Traktorozavodsk district police interviewed him, he filed an application for a criminal case. All three offenders were found and identified (two of them went to the hospital with stab wounds, and were subsequently arrested), found the crime weapons (steel pipes with a custom-made handles), it became clear that they were executing order to kill (they admitted it).

But a new surprise came. After a while longer not a Dubovsky but Traktorozavodsk Police initiates a criminal case against father! All fellow-bandits live in Traktorozavodsk area. All three offenders are already a victim, which "attacked by a drunken angry dork with a knife." Another absurd and completely abuse of discretion. How greatly everything was inverted! Just another case of the poor tourists. You have to be quite insane to a night attack on three armed men. I'm not talking about the fact that my father since 2002, does not drink alcohol and could not be drunk in principle.

Again, father was saved from prison by the fact that the regional prosecutor's office and the Central Internal Affairs Directorate intervened and case was closed, and instituted a case of attempted murder. But at the local level, the whole process was deliberately sabotaged, evidence disappeared (telephones with recorded negotiations before and after the shooting, weapons, records of examinations of witnesses). Got to the point that the case just disappeared! Can you imagine? Lost. Three investigators were changed who run the case, and therefore wiser. The father filed a lawsuit against Traktorozavodsk area Attorney Mr. Shipiev for misprision of crime . Then it was re-instituted, but so far, already for six years it's idle.

After that incident, the bandits changed their tactics. Mr. Zvonov, director of the K/X Acro Ltd. (The leader of this group) filed a lawsuit against my father to the Arbitrary Tribunal alleging that all property and territory of the pumping station owned by K/X Acro Ltd. According to procedure the court has arrested all assets to the proceedings. At the same time bandits agree with the bailiff Mr. Shlykov who illegally transferred all property to Mr. Zvonov for safekeeping. Why I ratify that it is illegal? Because the court refused this transfer to custody.

And the whole gang, but now with the bailiff, whom you can not resist, because he is a representative of the government, seized the pumping station. Bailiff anagraphs the property selectively. Why selective? But in order to, as will become clear later, the bandits would steal anything that was not documented.

At this time in a month, my father got justice in court without much difficulty. But even if you have documents on hand to lift the seizure of property and the decision of the court, had to resort to the help of the police to literally force to dislodge the bandits from the pumping station. This was done with the help of one of the few police officers who actually perform their duties, Dubovsky district Public Security Police chief Mr. Kazakov, however, who subsequently was dismissed from the post.
Despite the fact that the criminals were gone, their application of the method showed them to be very effective. For the month of his stay at the pumping station, they were able to stole property for a few hundred thousand (parts of agricultural machinery, welding machine, a few kilometres of drip irrigation tubing, and more) and bring into disrepair pumping stations.

Here we have to revile the second most important person in all these crimes after Mr. Zvonov. This is Dubovsky district Attorney Mr. Popov, who is probably a relative of two of the bandits in the group.

This is because of him, investigators had dismissed the case either under pressure, either because of his people. I suppose that he was not only "Roofing" them but liaised with law enforcement bodies of bandits and was organizing the raids.

Several times the police caught criminals with the stolen property from the pumping station, and all times Mr. Popov either phoned or personally visited in order to get police to release criminals with stolen property. Then they disappeared in an unknown direction taking everything.

I do not have to explain why the criminal charges of theft of property were denied. And property, of course, was not returned.

Incidentally, a curious fact. During the month while pumping station was ruled by Mr. Zvonov, there was hiding a fugitive offender who was on federal wanted list, who was later detained by Regional Police. That there is such a friendly company.

Less than six months later, a following misfortune had happened.

Was beginning of year 2006. While the whole family was out of town with relatives celebrating New Year, the bandits made another attack, but at this time on a field camp, located on a rented plot 500 meters further from the pumping station.

Two employees were there disappeared. Their further fate is unknown. In the footsteps on the snow could be seen that the property was taken out on three vehicles, two of which were trucks.

It was stolen literally everything! Everything that could be loaded without a crane. Even a scrap metal that was lying in a heap. The total damage amounted to no less than 500 thousand rubles. As the saying goes, all that was acquired by back-breaking peasant labour.

It is surprising though that on this a criminal case was initiated, but it did not budge until now.

This volume of stolen goods you can not easily hide. There was oversized welding equipment, trailers, and parts of tractors. My father could find the thieves and the place where it was taken by himself.

Incredible effort it took to persuade a police inspector to come to the crime scene and detain suspects. He even had to pay for his fuel ... Arrived. One bandit was detained. They brought him to the Dubovsky district police department.

When the suspect was taken to investigator, the cynicism and mockery just rolled beyond! The interrogator asked him: "Did you steal?" - He replied: "No, I didn't" - the investigator said, referring to my father: "You see, he did not steal" - and let the offender go. My father almost fell off the chair in surprise.

After father's complaint about the investigator and accusing him in corruption, Dubovka police department responded immediately - opened a criminal case against father accusing him in use of illegal foreign labor. At this time it was a hot topic in country. Eventually the case was dismissed for the lack of proof.

So, this criminal story was our New Year present.

Though it is written quite a lot, but actually I only write very briefly and only about the most egregious events. I will not describe that each story has a long struggle: in each case we were applying to the police department, regional prosecutor's office FSB, and even to the President. But the question either remained unanswered, or higher authorities descended it to the local, ie Dubovsky, level, where, as you understand, everything died.

2006-2007 year were relatively quiet. My father fought off more and more new lawsuits in Courts of Arbitration, he even had to travel to Kazan in order to defend himself. All of the cases father won, and the bandits were taken no action. We thought that the quiet life of being established, the father somehow managed to restore the household. We were wrong.

Spring 2008 was marked by a new grief and, as seen later, with utter hopelessness.

Head of Gorodyshchens'ka interdistrict with the Investigative Committee of the Office of Investigations at the Federal Procurator for the Volgograd region Mr. Naumovich S. arrested all the property at the pumping station and transferred to the custody ... who do you think to? Right, to Mr. Zvonov. Now attention! Mr. Naumovich does it based on the same case that he himself initiated, that supposedly in 2002, my father had falsified documents for the welding machine, which he himself had built. Moreover that it is not true, because all documents for the property of my father was checked by police for authenticity for ten times, also the reason of arrest simply ridiculous. Imagine if a factory was wholly arrested for what its director once supposedly drove on a red light? The whole company taken without charge or trial, based on surprisingly funny basis.

We, however, were not laughing at the matter, because immediately bandits with the investigative committee of the prosecutor's office, effectively, with the same bandits, but endowed with state power, arrive at the pumping station. You can't defy that however you want to. You don't have to be a detective to understand that Mr. Naumovich was conspiring with criminals. Once again, the station was in the hands of the criminal gang, "roofed" not only the by the Dubovsky district Prosecutor Mr. Popov, but by the head of the Investigative Department of the Public Ministry Mr. Naumovich. In principle, it is not difficult to guess, through whom the bandits came in contact with Mr. Naumovich. Soon Mr. Popov had retired with honours, that does not prevented him to "rule" in this story, because he kept all of the links, he also opened in Dubovka network of law firms.

That's because the investigation department of the investigative committee at the Prosecutor's Office of Russia in the person of its leader Naumovich carried raider capture and enterprise land in private ownership of my father.

Of course, my father sued this structure (Investigation Department of Investigation Committee at Federal Procurator for the Volgograd region) for its actions. He won the case, the court found Mr. Naumovich actions unlawful, withdrew the arrest of the property and ordered to return the pump station to my father. But no such luck. The court decided something, but no one was going to execute the verdict, moreover, the Investigation Committee made a forgery: they returned the official documents of the property to father, what is evidenced by a letter. i.e. Nobody drove out the bandits from the area, and they were not going to go. A Dubovsky district police, as it was repeatedly pointed out, did not want to take any actions.

And again, claims, claims and claims again. And all without success. Father even was picketing with placards in front of the Investigating Committee. Three days after the picket Mr. Naumovich had been dismissed from his post, but happily stayed in work in the Prosecutor's Office.

What then is hopelessness, because looks like the scoundrel is fired? Scoundrel is fired, only there is no good of it. The pumping station is in the bandits hands till this day, despite the fact that by all the documents it belongs to father and litigation recognized this rights on it. But as they say, all the arguments and evidence are split on one unwavering phrase "So what?".

On October 8 2008 at 2 o'clock after the midnight attackers doused with gasoline and set on fire our car GAZ-3110, standing at the entrance of our house. How much pain and tears ... I wonder how over the years my mother didn't got mad, because every time she was worried so much. Mama and younger brother cried inconsolably. Me and my father were ready for anything, so silently stood and dully watched as more and more inflamed practically the only one remaining of our property, other than flat and field camp.

So deeply this picture etched into my memory. Many times I've seen burning cars in the movies. I've seen it for myself that in reality the car is burning exactly the same way: with dark red flames, with thick black clouds of smoke, explosions of wheels and of fuel tank. Arrived fire-fighters were extinguishing already ashes.

Was it an accident that on the morning of that day was scheduled the next hearing of my father's case of illegal occupation of the pump station by Mr. Zvonov? A night arson, was his warning to father. After the meeting Mr. Zvonov angrily threw to my father: "Well, you are still had not enough?".

The case was lost so Mr. Zvonov made quality intrigue. He contacted the “Pichuzhinskaya Niva” farm "chairman" Mr. Plyukhin. I haven't enclosed the word "chairman" in quotation marks accidentally. This man, in 2006 organized a raider seizure of the farm and chose himself as a chairman. This is evidenced by numerous trials, but that's another story. What we are interested in it only from a position of understanding the situation: "birds of a feather flock together". They found each other. Mr. Plyukhin made with Mr. Zvonov fictitious lease on the land of my father, which in any way neither to hem nor to the farm does not belong. However, the Arbitrary Tribunal, it seems, did not go into details, and considered this phony contract as a basis not to recognize the demand of my father. I repeat, we have a certificate of ownership for this site registered in the Federal Registration Service, cadastral passport. What might be more tangible proof of ownership of the land? Worthless lease agreement, forged by two swindlers? Does this mean that I can rent to anyone, for example, the Kremlin and then that someone will be able to evict all out, because He will be entered into a lease with me?

Absurd! But not for the Tribunal, not for the Dubovsky District Police. It is clear utter negligence and / or criminal conspiracy, corruption. And so it continued for 2.5 years.

By the time we almost despaired of, and resigned to the fact that he could not refund our land and pumping stations. Moreover, it was a hope that taking it, they will leave us. But we were wrong ... again

In the spring of 2009 Mr. Zvonov files a suit already in a civil, rather than arbitration court. Why – it will become clear later. The claim is this: the plaintiff Mr. Zvonov claims that my father occupied the pumping station and sabotaged by this a few years of ripping and agricultural works for as much as 12 million rubles, and therefore Zvonov requires all father's property on the field camp to be arrested and given him for safekeeping . That how he wants!

Any more or less educated lawyer, after reading the claim, would say: "What a nonsense!". I will not go into the description of moments, neither the legal nor procedural rules, not to mention at all about common sense. They do exist, and many of them. But ...

... Then, as the saying goes, comes into play another person involved in this network - Dubovsky Judge Mr. Andreev K, who incidentally had in Dubovka people-given a long entrenched nickname Kostya-Corrupty.

For him, this claim did not appear delusional. At the first meeting after the preliminary, which lasted less than 10 minutes, Mr. Andreev satisfied it. So, without investigation, without listening to the position of my father.

On appeal to the Regional Court, this claim was cancelled.

But then Dubovsky Police Department issued a criminal charge against father's stating that my father had allegedly stolen pipes from Mr. Zvonov for 500 thousand rubles. Again Judge Mr. Andreev had taken the case in his hands. Even without waiting for the end of the criminal case, he satisfied Mr. Zvonov's claim. In its decision the court decides to arrest all the property at such a station and transfer it to the custody of Mr. Zvonov.

They found the ideal occupation of property! Imagine: someone decided to take possession of your apartment. At the court he issues a case against you that you have robbed him of any property for many millions of rubles (depends on your fancy). "Right" investigator turns on you a criminal case and instantly transmits it to the"right" judge and the judge immediately satisfy the claim, whatever it would be. This is a work for one or two days. And the next day that someone breaks into your apartment with the bailiff (who is a statesman, you can't be against him no-no), and throws you out of it. And it does not matter that it was yours “to bits”: you are registered in it, you have been privatized, etc. It is clear that the bailiff must also “know the topic”, though not necessarily, because in his hands he will have a pseudo-court's decision, and therefore its actions are lawful (or rather psevdolawful). Ideal scheme!

This scheme is perfect not only because it creates an appearance of legitimacy, and the fact that while you are appealing this decision to a higher court, it will take time. And even if you can prove that it is your apartment (and it is not a fact that you can), then at best you will return Peeled Plum apartment, from which even the carpets were taken, not to mention furniture and household appliances. And in the worst case, you will be met at the threshold by bandits with weapons and the question "So what?".

Bandits began to realize this scheme. After they got court decision, with the bailiff, they arrived at the field camp, where at that time was only my mother. Intimidating her they expelled her from the territory by force, they began to levy distress the property. By the time my father arrived, they considered themselves as the true masters and stately seated in chairs on the veranda.

But they made a mistake in the documents, which at that time saved the situation. When they were, presumably in a hurry, fabricating the case and statement of claim, they made a mistake in writing of one digit of inventory number. This, if you take the comparison from the previous example about the apartments, come to arrest the 28th apartment with documents on the arrest of the 38th.

But high bailiff didn't worried much about this. All that bandits were pointing fingers onto, police officer simply "granted" them. And he did it with great passion: for example, an entire sauna, which costs not less than 200 thousand rubles, he estimated at 10 thousand.

And only when my father described to him how he jeopardises himself and told about the fate of Mr. Naumovich, the bailiff officer thought and stop his illegal actions. Sorry, but do not even want to write that all appeals against illegal activity were denied and all refused materials continued to accumulate.

A few days later the Regional Court found the Judge Andreev decision illegal and quashed it. The threat for some time has been stopped, there was a hope that after the second attempt Mr. Andreev would settle down. While at the same time we knew clearly that any time Mr. Zvonov can do the same thing, but with the correct numbers.

And this moment was not long to come. Already in early spring 2010 on the same criminal case Mr. Zvonov modified the claim, and everything started over again. I'll remind the essence of the case: my father was allegedly stolen his pipes for the amount of 500 thousand rubles. And who do you think took this case on? Of course, the Judge Andreev.

My father was constantly applying for recusation of a judge, ie application that the case would be governed by another judge. But, unfortunately, under Russian law disqualification of a judge is considered by a judge himself ...

At the same time Zvonov's bandits arrange another armed abortive hold-up on the field camp and stole father's van UAZ-452. In broad daylight! Breaking down the locks, stealing a car. They wasn't embarrassed in any way or feared of anything. This happened on April 7. We were denied in a criminal case of one more flagrant fact as it was car-jacking. It turns out that there is no corpus delicti. Now, I well understood the phrase "absence of the element of crime": in the Volgograd region car-jacking is not a crime. Until now, criminal proceedings were not instituted.

But lets return to the court. Lawlessness reached its climax. Judge Andreev accepted father's intercession to have an access to the criminal case, which is investigated by the court, but doesn't grant him an access. How can this be? I do not know, but it looks as if you came to the store to buy a bread, the saleswoman took the money and refuses to give a bread. From the court decision that had come by post, we learned that, there had been investigation and it "proved" that Mr. Zvonov had a whole bunch of pipes that were stolen. And the Judge Andreev "proved" that namely father had stolen them.

My father was refused in access to the criminal case. Why? The answer is obvious: "That's why!".

He filed an appeal to the Regional Court.

When, with great difficulty, the access to the case was granted, it became clear why it was denied for so long. He was amazed - so many egregious errors, indicative of a wholly falsification of evidence. More than twenty! For example, this: in the Mr. Zvonov's documents and to the case were declared pipe parameters (diameter, length, method of connection), which in principle does not exist in nature, ie industry were never producing such pipes. Or, for example, declared director and chief accountant in delivery note from the company, where he allegedly bought the pipes, had never been be on the books of proposed organization (it was confirmed at the request by the tax office), ie fictitious names, and forged signatures. And there were more than twenty of such mismatches! Taking into account these facts, upon the father's application the criminal case was reopened.

He filed an additional cassation appeal on the falsification of forensic evidence with the documentation of the investigating authorities attached proving this falsification.

Well, there was a undoubted confidence that the case in the Regional Court will win and we might would be able to initiate a criminal case on falsification of the evidence in court. But happened probably the most shocking event for the whole six-year long story. Judge Andreev simply did not accepted this additional appeal. The Regional Court also did not accept the appeal and by confirming the decision of Dubovsky area Judge Andreev, literally spit on the striking facts of falsification and violation of the law.

It was not enough of pumping station for them. For two years it has not brought them the expected profit, only expenses: direct (guarding, fuel) and indirect (bribes, pay fighters). It does not work probably because "Volgogradenergo" does not connect them to electricity. "Volgogradenergo" - is essentially a federal structure, and therefore it doesn't care about local authorities and corruption. For them there is only one owner of a pumping station, with whom they are prepared to conclude an agreement on energy supply – before it was my father, and now already for a month me (by agreement of gift, registered, as it should be, at the Federal Registration Service, and with issued certificate of ownership) - the only legitimate owner. Although I may be wrong, seeing that bribes seem to solve everything.

With no exaggeration the field camp means for my father everything! This place of rest, where you can relax outdoors and go to sauna. This is a place of residence, because most of the time he spends there and spend the night, because he is happy there. This is a work, and a hobbies, and his life work - he likes to work on the land, farming, growing vegetables, trees. Over the years in the wilderness of the steppe he created an oasis with trees, shrubs, garden and vegetable garden, various animals.

By taking away a pumping station, the bandits killed father's business, if they will take the camp, they will killed his soul, faith in the future. Then, I think he will be ready for anything. An I am as well.

Initially, station, now the camp, then what? Next is apartment. After all, they will not stop ...

There remains two ways: either hang yourself, or take up arms and become a maritime partisan ... because it seems that in the Volgograd area gangs are the structural units of the Ministry of Internal Affairs.

I wrote this post in the hope on your help, people help us!

I can no longer keep everything inside and portray cheerfulness.

Recently the governor was replaced, the team is changing so the power of law enforcement. There is still some hope that all at once something will move.

PS: While writing this article for a few days, something happened that we were most afraid of: the bandits captured the field camp, even without a court decision had settled there, chasing away workers. The garden and vineyards without irrigation wither, livestock is dying, tractors are stolen, property stolen and destroyed, and the bandits, as told on the phone by leaving the camp workers, their wives and children lounge in the sauna, drinking milk of our cows. They settled down ....

Police is idle.
Author thanks Peter for this translation, because he knows English rather poorly.

Russian version and main discussion: http://andbeev.livejournal.com/42148.html

3 comments:

  1. This comment has been removed by the author.

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  2. Hello Andrey,

    What a story i just read here.
    I know there i s alot going on in the world but this is realy extream.

    First I would like to say i have MUCH MUCH MUCH respect for your father and your family to keep on going after all these horrible things.

    He even paid almost with his life.

    I WANT TO HELP YOU.

    I was thinking of putting your story on a european blog site here in Belgium.

    I would like to know iff you find this ok?

    Please contact me at the following e-mail.
    I will do whatever i can for you...(i am not saying i can help you but i want to try)

    Hope i hear from you soon.

    Axel from Belgium

    lex_on_the_bach@hotmail.com

    p.s.: Keep strong man, and say to your father he is a great man for protecting his property and his family. And the same for you.

    ReplyDelete
  3. I hope times get better for you. If you can, come to America; even the worst off here waste there time worrying about trivial nonsense. Sounds like you need some good times. After reading these stories, I want to express best wishes to you and your family.

    ReplyDelete