Shareholder Navalny has been trying a years and a half to find out details of the contract by Rosneft on oil sales to the Chinese CNPC. According to the contract, the state-owned company undertook to supply 48.4 million tonnes of oil to China in 2005-2010, then it received $ 6 billion as a prepayment. Rosneft revealed only the volume of supply of raw material out of all the details.
Navalny assures that the agreement with CNPC was concluded on disadvantageous conditions both for the company, and for the state budget. And yet the autumn of 2008, he appealed to the Prosecutor General's Office with a demand to investigate the matter. There was no progress, minority shareholder says. In response to his appeal, last Friday the Zamoskvoretsky district court of Moscow ruled that the police had not conducted a "full" and "comprehensive" inspection of the contract by Rosneft, and therefore the order to dismiss a criminal case, issued in December 2009 was "illegal".
Checking Navalny's complaint was assigned to the Office of Tax Crimes (OTC) in Directorate of Internal Affairs of Moscow. And it has twice refused to institute proceedings in connection with the fact that Rosneft did not provide the requested information. Thus, " it does not seem possibleto conclude there is any evidence of a crime in the actions of the state company leadership," the latest ruling OTC says. And on this basis, the Directorate concludes "the absence of corpus delicti."
"The lack of sufficient data <...>" can not be a reason for denial to prosecute a case, the court agreed and decided to oblige the security officer, engaged in a statement by Navalny, «to get disposed of violation". This means that he will have to consider the statement by Navalny again on the basis of merit and to demand from Rosneft material which will make it possible to take a reasoned decision about initiating or denying to prosecute a proceeding, partner of juridical firm "Justus" Alexei Popov said.
Navalny implies satisfied with the decision of the court, because it was taken "even against the position of the Prosecutor's Office, which representative in the court appealed to the wish of President Dmitry Medvedev to stop pressure on the business».
The similar victory in a dispute with the police Navalny recently gained when checking the other state-owned company -Transneft. In early May, the Tagansky District Court decided that the Economic Crimes Department of Internal Affairs refused to open criminal proceedings unlawfully, upon his request to check the giant philanthropic monopoly expenses (almost 15 billion rubles in 2005-2008). The MIA called the fact that Transneft did not respond on the merits as grounds for the refusal . So far, according to the Navalny, he was asked only to send a new statement on the matter in connection with the loss of materials from the past inspections.
Source: «Vedomosti» № 95 (2613) on 27.05.2010