Thursday, February 18, 2016

Detained by negligence: Domodedovo owner has not returned from the interrogation – RBC

Dmitry Mason Photo” RIA Novosti »

on Thursday questioning the Investigation Committee owner of Domodedovo airport Dmitry Mason was arrested. His confrontation with the security forces has been going on for 15 years

detention under interrogation

Dmitry Mason was arrested on Thursday afternoon, when he arrived for questioning at the Investigative Committee at the Technical Lane in Moscow, he told RBC law enforcement source. After that, the Basmanny court of the capital received a request for his arrest, explained court spokesman Juno Tsarev. The court decides the issue of electing a preventive measure during the day on February 19.

As told RBC law enforcement source, the request for the arrest signed by the investigator for particularly important cases GUS TFR Sergey Dubinsky. But the Dubinsky refused to answer questions about the RBC.

On the eve of detention Mason held a press conference at which he said he repeatedly went to interrogations and did not rule out that it can become involved in the case. “The investigators have relevant procedural powers”, – he said, stressing that it is not hidden from investigators and lives in Moscow

The representative of the TFR Vladimir Markin said that the masons have been charged under part 3 st.238. of the Criminal Code (the execution of works or services that do not meet safety requirements, resulting in the death of two or more persons).

according to the prosecution, he and other persons involved in the case in 2010 introduced a new passenger screening system that led “to an increase in the degree of vulnerability of the airport and therefore the provision of services in the field of civil aviation do not meet safety requirements.” As a result, in the building of the airport in January 2011 went smoothly, a suicide bomber Magomed Yevloyev and blew himself up in a crowd. Then killed 37 people, another 170 were injured.

«We have this thing will finish»

«Domodedovo dealt with who owns the airport? All kind of know who the owner is, at the same time begin to check, and the owner is hidden behind the structure of the beneficial ownership. And it is the largest transport hub, where sits a huge number of aircraft, not to mention the fact that it happened »

President Dmitry Medvedev, 21 February 2011

«The question of transparency of ownership of airports & lt; … & gt; It is particularly important. It is essential that all participants in the project is the Russian jurisdiction and with known beneficiaries. It is important to clearly understand who, at whose expense, to what extent will fund the development of airport infrastructure and is responsible for what in the end ».

President Vladimir Putin, July 3, 2013

«The owners of [Domodedovo airport] five years went from liability, not criminal, and material. We said: “I do not want to financially compensate, will be held criminally liable as owners and as managers.” We have this thing will finish ».

The head of the TFR Alexander Bastrykin, 24 July 2015

In this case a half weeks ago, three ex-employees of Domodedovo airport were arrested: former director of the airport complex Vyacheslav Nekrasov, a former head of the Russian representative office of airport Management ltd (offshore company that owns Domodedovo assets) Svetlana Trishina and former general director of JSC “Domodedovo airport Aviation security “, is responsible for security at the airport, Andrey Danilov. February 9 Basmanny court of the capital put them in jail.

The point of the attack

The first criminal case of non-performance of the transport safety was initiated immediately after the terrorist attack in Domodedovo January 2011. The suspects were both airport staff and police officers responsible for control in the framework of metal detectors. However, in April 2012, the case was closed: An investigation concluded that at the time of the terrorist attack the government has not approved the system of security measures at airports, the relevant regulations not available (for example, did not require a full inspection within the terminal building)

Dmitry Mason and the State

Domodedovo Privatization

Dmitry Mason came in the aviation business in the early 1990s, creating a cargo airline “East line”, which was based in Domodedovo and leased fleet Domodedovo production association of civil aviation. By the mid-1990s, “East Line” was Russia’s largest cargo airline, Mason said in an interview with Forbes in the autumn of 2015.

In 1996, the government adopted a decree on the privatization of Domodedovo. In 1997, the state has transferred the building of “Domodedovo-2″ airport in exchange for 48.65% of the shares of a new legal entity. Controlling (50.66%) shareholder of “Domodedovo-2″ became the structure of the “East Line» Hacienda Investments ltd. After several additional issues of the state’s share was diluted to almost zero. In 1998, another structure of the “East Line” – JSC “Domodedovo International Airport” – took the SUE “Domodedovo Airport Administration” for rent for 75 years Domodedovo aerodrome complex, not subject to privatization. The carrying amount of the property transferred was 750 million rubles, the rental rate -. 3 million rubles. a year.

Searches FSB

The first serious problem with law enforcement agencies in Mason began in 2000. Then, on suspicion of smuggling goods from China FSB conducted a search and seizure in the office of the airline “East Line”, and then stopped the flights of all airlines aircraft. Subsequently, the matter does not end, but a year later, in 2001, the newspaper “Kommersant” wrote that “the airline from the blow finally recovered, moved by freight traffic from second to sixth place and focused on passenger traffic».

Fight for the airport

In 2003, SUE “Domodedovo airport Administration”, and then challenged the Federal Property Management Agency in the court concluded in 1998 a lease of the airfield complex ZAO “Domodedovo International airport.” In February 2005, the Federal Arbitration Court of Moscow District upheld claims of the Federal Property Agency. In 2006, the parties entered into a settlement agreement under which the aerodrome price rose more than 30 times, up to 92 million rubles.

The fight for the terminal

In 2005, the Federal Property Management Agency challenged the transfer of passenger Domodedovo terminal private “Domodedovo-2″, although the old terminal at that time had long been destroyed, and in its new site is built. The Office has been successful in the courts of first instance, and in autumn 2006 it came to the Presidium of the Supreme Arbitration Court, which invited the parties to agree on compensation from the “East Line” and conclude the agreement. But agree on the amount of compensation could not, and in June 2007 YOU discontinued the proceedings, quashed the decision of the lower courts.

the summer of 2015, the TFR has announced the initiation of new criminal proceedings against two former and one active airport top manager. Defendants in steel Andrei Danilov, responsible for aviation safety (in 2011 led by ZAO “Domodedovo Airport Aviation Security”), the managing director of the airport Domodedovo complex Vyacheslav Nekrasov, head of the Russian representative office registered in the Isle of Man Airport Management Company Ltd (2011 – managing the entire company airport) Svetlana Trishina and “unidentified persons from the actual business owners of Domodedovo airport complex.” In July last year, the UK head Alexander Bastrykin said that the owners of Domodedovo installed. “They are five years left on responsibility, not criminal, and material, have not concealed, were in Moscow”, – said Bastrykin. In February 2016 Nekrasov, Danilov and Trishina were arrested.

The essence of the charges on the new case is as follows. Since 2007, Domodedovo operated regulation, involving examination at the entrance with a framework and, if necessary, hand-held metal detectors. However, near the frames accumulated line with the growing passenger traffic became apparent the need for additional inputs, which required investments. But the management of the airport instead, allegedly adopted in 2010. The new regulations no longer require total control. As a result, it stresses Markin, passed through a metal detector is not more than 2% of people who came to the airport. As shown by the MRS examination if Magomed Yevloyev, who committed this terrorist act, passed through the frame, then a metal detector would be found hidden under clothing explosive device.

At a press conference on the eve of detention Dmitry Mason showed the whole presentation, refuting arguments investigation. First of all, he said, that the rules in 2010 in fact no different from a document in 2007 – neither one nor the other did not require total inspection arrived at the airport

According to the presented video recordings from surveillance cameras aviation security officer worked with introscopes. while visually inspecting officer outside. Suspicious persons he could offer to go through the frame. Called at the terminal building in the area 16 hours 24 January 2011 Yevloyev did not attract the attention of the police.

Later, the security rules at airports much tougher. Two days after the tragedy of 26 January, there was an order of Ministry of Transport, which requires total control of passengers arriving at the airport. “Transport airport security meets and corresponds with the current law,” – said on Wednesday, the owner of Domodedovo

«I do not think that I have a conflict. with the state. »

« Why do we not consider it necessary to disclose information on the ultimate owners? Firstly, some corporations life stable in situations where no ultimate owners disclosed. An individual or individuals who may be subject to attack. Raider attacks. If they are not known or not known reliably, it is therefore an object of the attack disappear »

Forbes, July 20, 2011

“Initially the airport was accused of violating the regulation, which appeared a few months after the attack, [2011]. Investigative Committee was required to conduct 196 examinations, 35 notches and ten searches, interviewed 300 witnesses, to establish this fact – the very regulation that we have violated, at the time of violation does not exist »

“Vedomosti”, October 20, 2014

«Attorney General instructed his deputy, and he us with Valery Mikhailovich [Kogan, chairman of the supervisory board of" Domodedovo "] invited to his talk . He offered to call the owners. We answered: “Well, we say, but we have a request: please indicate the legal basis on which we should disclose the ownership structure” He noted that there is no law, but there is a commission of the president. The debate has not worked: it seemed to us that the fair is an approach based on law and not on the requirement to the individual airport »

« Vedomosti », October 20, 2014

«I do not think that I have a conflict with the state. I’m not going because of this situation, to revise the development plans of the airport. Offers to sell Domodedovo I have also been reported »

Press Conference, February 17, 2016

Who will protect

With lawyers mason RBC on Thursday night failed to contact mason. The lawyer Vyacheslav Nekrasov Denis Dadonov RBC said that with his principal after the arrest until there were no investigative actions, including interrogations. A week ago, on February 12, lawyers of all three accused held a press conference at which he stated that their principals do not acknowledge guilt. They insisted that the 100% screening of all passengers was never at the airport, and the introduction of a new instruction has been agreed with the police.

Lawyer Ruslan Koblev, who defended one of the dismissed after the attack, Interior Ministry officials and sought to dismiss the case, He believes that the new detention seem absurd. “Qualifications contrived, it seems to me that five years later the owner of the airport imputation of such exotic composition more like interference in the business”, – said Koblev. He added that the investigation has been terminated due to the fact that the lawyers failed to prove that the terrorist responsible for the safety of other structures are, but not employees of the airport and “not MVD.” “At that time, at the legislative level, there was no safety standards at the transport hubs, it was not regulated, as it should be. And there were only declarative norms “, -. Koblev explains

The lawyer Igor Trunov, representing the interests of the victim of the terrorist attacks of 2011, by contrast, Mason called the detention a” normal situation “, which” has long been known. ” “Warning that will crack down on the airport owners, sounded from the lips of the Chairman of the Investigative Committee [Alexander Bastrykin]. However, filing the form was slightly lawless: Calculate the victims and prosecution of you will not. It was a very small amount of money, but the owner refused to help, saying that they are innocent “, – he told RBC Trunov. His client Elena Krivolutskaya tried to get the “Domodedovo” the amount of compensation of 15 million rubles., But Presnensky Court of Moscow rejected her claim, whereupon Krivolutskaya appealed to the ECHR.

In November 2015 the head of the TFR Alexander Bastrykin said “We are talking to them (the owners of Domodedovo): it is not necessary for you to sit down in the jail, it is an extra burden on the budget. Pay money to people, as is customary in the United States, which many praise. How is life in the United States head of the family, the victim of a plane crash, -. $ 5 million “(quoted by” Interfax »)

Business Ombudsman Boris Titov on Thursday did not respond to calls RBC. Representative Titova apparatus did not comment on the question whether the business ombudsman to advocate for the detainee entrepreneur. “We have so far refrained from comment until the court decision [on the measure of restraint]“, – he said. The head of RSPP, Alexander Shokhin, who, after the arrest of the head of the Board of Directors of AFK “Sistema” Vladimir Yevtushenko on behalf of the Board of RSPP Bureau personally vouch for him with a request to change the measure of restraint, RBC said that in the case of Mason will not do it. Needless detention, he did not comment, citing the fact that the case is not related to economic crime, and therefore does not apply to “protect the competence of the rights of entrepreneurs.” For the same reason, the RSPP will not intervene in this matter and to act in the same way as in the case Yevtushenkov, said Shokhin. A member of the RSPP Dmitry Mason is not.

Owner Domodedovo

Dmitry Mason takes 27 . th place in ranking of Forbes-2015 billionaires with a fortune of $ 3.8 billion, its main asset – DME group, which owns the airport and Domodedovo project “Aerotropolis»
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 Domodedovo – Russia’s second-traffic airport in 2015 passenger traffic reached 30.5 million people (the leader, Sheremetyevo, 31.6 million). Earlier, Domodedovo is the first line, but last year the flow decreased after cessation of “Transaero” flight. According to Forbes, the airport’s revenue in 2014 amounted to 41.2 billion rubles., With EBITDA of, according to Mason, amounted to 16.8 billion rubles. (Profitability on EBITDA – 41%)., Making Domodedovo one of the most profitable airports in Russia

What will the airport

on Thursday evening, after the arrest Domodedovo Mason issued a statement in which the arrest of Dmitry Mason called unreasonable by reference to the previously published “legal position” airport. At the same time the airport stressed that Domodedovo continues its work in normal mode.

Asked about the anonymous federal official did not rule out that the result of history can be changed Domodedovo shareholders.

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