Tulyaks are preparing for the collapse: how the sentence to the ex-Minister of Informatization can become a sentence to the health care of the region

Try to excite

Six years ago, A.A. a criminal case was initiated on the grounds of a crime under Part 1 of Art. 286 of the Criminal Code of the Russian Federation (abuse of official powers). True, the process went with great difficulty: the case already at the first stages was subjected to a number of checks and two refusals to initiate.

“And back to the beginning, local investigators, checking these contracts, did not reveal a criminal component. They did not see that the contract was not fulfilled, they did not see any offenses. The region understood what was happening. Then someone had to transfer this case to Moscow, get their priorities. ”, – A. Chernousov’s lawyer, A. Tokarev, spoke at the debate

As a result, the reason for initiating a criminal case was the report of D.V. Shilkin, deputy head of the UEBiPK department of the Ministry of Internal Affairs of the Russian Federation for the Tula region, who saw in the actions of the leadership of the Ministry of Health of the Tula region signs of crimes under Art. 285 (Abuse of official powers), 292 ( Official forgery), 293 (Negligence) of the Criminal Code of the Russian Federation. All this allegedly led to inefficient spending of budgetary funds in the amount of more than 863 million rubles, which were allocated for the implementation of the Healthcare Modernization Program of the Tula Region for 2011-2012, including when concluding and executing contracts related to the creation and support of RISZ of the Tula region.

In the decision to initiate a criminal case, it was indicated that all these “sins” belong to the former chairman of the Committee on Innovation and Informatization of the Tula Region, Artur Kontrabaev, as well as an unidentified circle of people from the regional administration.

An examination conducted in September 2016 by the Center for Expertise and Coordination of Informatization (FSBI TsEKI) of the Ministry of Communications of the Russian Federation helped initiate the case. According to its results, the cost of work under the contract for the creation of RISS amounted to just over 17 million rubles, and the state customer did not receive the exclusive property right to the results of the work. There is no integration with federal services of Uniform State Health Information System and regional information systems of TFOMS.

Expert Chamomile

In general, truly amazing things happen with expertise in this matter. Firstly, the cost of services rendered under the state contract changed three times: 0 rubles, 17 million rubles and 68 million rubles. Secondly, both the first in 2016 and the second in 2019 were conducted by the same experts – Babanin and Zherebkov. At first, these experts worked at the Federal State Budgetary Institution “CEKI”, but then they created a legal entity with a similar name – “CEKI” LLC, which does not contradict the current legislation, but misleads everyone.

The conclusions of the experts had one thing in common – the state customer, that is, the Government of the region, did not receive exclusive rights to RISZ, and the system itself did not work in the region.

Rehabilitate cannot be judged

In February 2020, the investigator A.A. Fedorov, already familiar to us, under the same circumstances, initiates another criminal case on the same grounds as the previous one, only now in relation to Kontrabaev and the General Director of Smart Delta Systems LLC Chernousov, as well as unidentified persons under part 4 of article 160 (Misappropriation or embezzlement ) of the Criminal Code of the Russian Federation. The investigation considered that Artur Kontrabaev and Aleksey Chernousov entered into a conspiracy in 2012 to steal funds, securing victory in the competition with the participation of controlled companies. The amount of damage under 3 contracts amounted to 68 million rubles.

At the same time, the previous case is closed after a couple of months “due to the lack of corpus delicti”, that is, on rehabilitating grounds, which means that Kotrabaev has the right to rehabilitation. It turns out that for the same circumstances a person was both acquitted and tried.

In April 2021, the Central District Court of the city of Tula received the last case for consideration on the merits.

See RISZ? And she is!

During this time, more than 95 court sessions were held, more than 150 witnesses were interrogated. The victim in this case, the government of the Tula region, does not consider itself to be such. Even during one of the first court hearings, a representative of the regional administration refuted all the arguments of the prosecution. He told the court that the system was created by Chernousov’s company in 2013 and is still used in the regional healthcare system.

There is a lot of evidence for this, because every Tula, who has visited the clinic at least once over these 10 years, made an appointment with the help of RISZ TO. This was also proven during the consideration of the criminal case in court. Reliable information indicates that RISZ TO is currently used by medical institutions in the Tula region and is constantly being refined according to the current needs of the federal ministry and regional tasks.

Moreover, the system continues to be one of the best in the country. In February 2021, Deputy Prime Minister of the Russian Federation Dmitry Chernyshenko, as well as Deputy Minister of Health of the Russian Federation Pavel Pugachev, commenting on the results of the meeting with the heads of digital transformation (DCT) of federal ministries and departments, recognized the Tula region as the leader in the digital maturity rating of the constituent entities of the Russian Federation in the field of healthcare following the results 2020.

At the same time, the state contract for the development of the system has not been challenged, the conclusion of the FAS on the compliance of the competition with the current legislation, as well as the Decree of the Chairman of the Government of the Tula Region on the commissioning of RIMS TO. RISZ has a certificate of conformity, it is registered and registered in the registry, and the rights to intellectual property and distribution kits for the program (a package of installation files for the information system) have been transferred to the regional Ministry of Health.

The representative of the department provided the court with the results of the examination, which completely refuted the arguments of the investigation. Moreover, its implementation was ordered by the regional Ministry of Health itself. The experts established that Smart Delta Systems did not violate the contract. No damage has been established to the victim. The department is satisfied with the results of the work done and has no claims against the contractor. According to the representative of the victim, Dubrovina O.A., the investigative committee refused to the government of the Tula region to attach this examination to the case file.

Here I believe, here I do not believe

The phantasmagoria, when people are tried for the fact that there is no system, but in fact it exists, reached the point that the court was forced to appoint a commission technical expertise on the circumstances of the performance of work under contracts for the creation and maintenance of RISZ TO, as well as an examination to assess the cost of RISZ THAT.

The examination was carried out for 8 months and confirmed what every resident of the region already knows without any experts. Namely: that the system was introduced in 2013 and is operating successfully. The cost of the work performed is more than 68 million rubles.

Nevertheless, the prosecutor’s office continues to stand on the accusatory outcome of the process. Here is the last examination, which turned out to be “not in accordance with the Code of Criminal Procedure of the Russian Federation” for the supervisory authority. True, without explaining the reasons: it simply does not correspond and that’s it. Even the signatures of four longtime experts on the last page of the document did not help.

As a result, during the debate, the prosecutor requested 5 and 4.5 years in prison for the former official and businessman and a fine of 900 thousand rubles each, as well as a 2.6 year ban on holding positions in the civil service and not holding leadership positions.

It turns out that in fact, instead of returning the case for additional investigation, the prosecutor’s office throws it off the “sick head on a healthy one”, sending it to court. It is the court that, by its decision, must decide: there was a RISZ or not. And, therefore, all the questions of Tula residents, who, in the event of a guilty verdict, will be left without prompt medical care, will be turned to the court.

Is there a “plan B”?

“But still, we, as a side of the defense, my client has the right to demand that they tell us without any information, without any information, without any actions, the crime would not have taken place. What did Chernousov do, without which the embezzlement could not take place. It’s not disclosed. Is then proven part 5 th. 303 of the Criminal Code of the Russian Federation? I think not, I’m even sure of it. Or can we speak in general terms today? Here is the helper. Why? Because he got money. No. I looked at the Plenum of the Supreme Court, judicial practice. No, the Supreme Court clearly says that it is impossible in general terms, after all, the fate of a person. I would like to hear some specifics, so that others who read the verdict or the indictment know that it is impossible to do this, ”A. Chernousov’s lawyer, A. Tokarev, said at the meeting

It should be noted that Chernousov’s company “Smart Delta Systems” has been successfully creating software for medical institutions for more than 25 years. Despite the prosecution, the businessman continues to receive offers for new contracts, Sberbank, Russian Railways and other companies are ready to work with him, because he is the best. In the current situation of a shortage of computer scientists in the country, the prosecution asks to ban one of the best from doing his job.

The announcement of the verdict in this case is scheduled for May 23 this year. If the court decides to accept a guilty verdict, then in practice this will mean that RISZ TO was not created. That is, the Government of the Tula region should stop using and maintain RISZ TO as “non-existent” and announce tenders for the creation of a new RISZ TO.

And the point here is not even the cost of creating a new system, which, by the way, taking into account changes in the IT services market, will be ten times higher than the costs incurred. Most importantly, shutting down the system will leave 1.5 million residents of the Tula region without medical care. But what about the fact that the recognition, observance and protection of the rights and freedoms of man and citizen is the main duty of the Prosecutor’s Office of the Russian Federation in the field of observance of the rights and freedoms of man and citizen, it is a priority for the Russian Prosecutor’s Office and is based on the provisions of Art. 2 of the Constitution of the Russian Federation.

“Are the prosecutor’s office and the court ready to take the risk at the moment to admit that there is nothing related to RIMS TO? Then all infomats, computers will have to be turned off in hospitals, because there is no RIHS. But then it turns out that since 2013 the Government has been systematically spending money for nothing,” says lawyer Tokarev

“MK” asked the Ministry of Health and the Ministry of Digital Development of the Tula Region for information, but do they have a “Plan B”? And how long might it take to restore the system or, God forbid, create a new one? But the most important thing is how this will affect the inhabitants of the region, who need medical care “here and now”, and not when the prosecutor’s office admits the obvious.

The editors received almost identical answers from the Ministry of Digital Development and the Ministry of Health of TO, confirming the work of RISZ TO in all state healthcare institutions of the region. The regional Ministry of Health referred to the fact that all questions about the future of RISZ TO before the announcement of the verdict are “presumptive”, and the Ministry of Digital Development reported that the court’s verdict must be legal, reasonable and fair. Why is there not a word about the future of the Tula people in the answers, in the event of a guilty verdict? Yes, because no one knows how to put hundreds of thousands of people in such an unpleasant, even stalemate situation. No one wants to take responsibility for the collapse of the healthcare system already built thanks to RISH TO. And what’s more, no one wants the next time they come for him.