Some officials and deputies under investigation began to go to the zone of military operation

The deputy of the Ryazan Regional Duma from the Liberal Democratic Party Nikita Usachev, who was sentenced in 2022 to a suspended sentence in a criminal case of fraud on a large scale (part 3 of article 159 of the Criminal Code of the Russian Federation), announced his decision to volunteer in the war zone. “I will try to do everything in my power to bring our victory closer,” he wrote on his VK page. – I thank everyone who supported my decision, I wish everyone peace of mind, happiness and health. I hope to see you next time in a peaceful and warm atmosphere.”

On November 17, 2022, the Soviet District Court of Ryazan sentenced Usachov to three years probation for embezzlement of expenses for deputy activities. The deputy pleaded not guilty and challenged the verdict. On May 11, the Ryazan Regional Court is to rule on the appeal.

This is not the first such case. For example, on April 17, the mayor of Bolshoy Kamen (Primorsky Territory) Rustyam Abushaev, who was put on the federal wanted list in March in a criminal case of fraud on an especially large scale and illegal business (part 4 of article 159 and article 289 of the Criminal Code).

The official recorded a video message on his Telegram channel, in which he stated that he made the decision to come to the war zone “long ago, but he especially felt the urgent need when he participated in events for the families of the mobilized.” The duties of the mayor of Bolshoy Kamen are now performed by Olga Serebrennikova, on the website of the administration it is indicated that Abushaev is on vacation.

The press service of the Investigative Department of the Investigative Committee for Primorye refused to comment to Vedomosti whether the mayor of Bolshoy Kamen is still on the wanted list.

Since November 25, 2022, the government of the Kherson region has been headed by the former mayor of Krasnodar Andrey Alekseenko, against whom a criminal case was initiated in December 2021 on taking a bribe on an especially large scale (part 6 of article 290 of the Criminal Code). Shortly after the arrest, the official was released (the maximum punishment under his article is 15 years in prison), and the criminal case against him was transferred to the central office of the Investigative Committee (IC).

Vedomosti sent a request to the UK. Between work in the government of the Kherson region and the mayor’s office of Krasnodar, Alekseenko headed the Council of Ministers of the Kharkiv region for several months.

In conditions of high pressure on officials, for some of them, sending them to a special operation zone is an acceptable option for resolving problems, political scientist Mikhail Vinogradov believes.

“The fact that they participated in a special operation cannot be ignored as a mitigating circumstance when choosing a measure of restraint or when imposing punishment in the future. But the fact that someone escaped from the court and investigation will in any case be qualified as a negative factor,” Dmitry Gorbunov, partner at Rustam Kurmaev and Partners law firm, told Vedomosti.

For example, the mayor of Bolshoy Kamen may be released from criminal liability under an act of pardon, said Igor Ivlev, head of the criminal defense practice group at the UDO Institute law firm. According to him, for this the official should be detained and handed over to the investigating authority. “So far, if he is there, then the data about him are classified and all production is suspended,” he said.

Participation in hostilities can give persons accused of crimes certain advantages, believes Sergei Uzdensky, a senior partner at the Moscow law firm Afanasiev, Uzdensky and Partners. According to him, the court can cancel the decision to search for and detain a person in absentia, if the defense motivates his disappearance by saying that he did not hide from the investigation, but went to defend the Fatherland, attach as evidence a copy of the service contract, references from the command and other documents.

“In this case, the case may be suspended due to the lack of a real opportunity for the person to participate in the criminal case or court proceedings. In addition, participation in hostilities can be perceived by the court as a positive characteristic of a person, which allows mitigating the punishment, ”said Uzdensky.

The lawyer added that the courts in such cases should carefully verify the authenticity of the documents confirming the participation of the accused in the special operation, the reality of this participation, the absence of collusion with the command of the military units, and also take into account other “doubtful circumstances” – in particular, the coincidence in the time of bringing the person as an accused and his decision to go to repay his debt to the Motherland.