2.3. EVIDENCE

“The defendant Nervzlin L.B., having been interrogated during the preliminary investigation on 03.07.2003, said that the name Kolesov was not known to him and he heard it for the first time in the course of the investigation.
(Volume No 4, pages of the file 44-49)

Puchigin A.V. accused of organizing this crime by the Verdict of the Moscow City Cout of 03.03.2005, during this session of the court refused to give evidence using the tight provided by Article 51 of the Constitution of the Russian Federation.

However, the culpability of the defendant Nevzlin L.B. of this crime is corroborated by the following proofs:

- Statement of Peshkun A.V. of July 12 and 19, 2004, to the Moscow City Court, according to which Puchugin and his chief Nevzlin are involved in organizing of attempted murders of Kolesov, Kostina, Rybin, as well as in the murder of the Gorins (volume No 60, pages of the file 19, 23-24)

- Testimony of the witness Peshkun A.V. made by him several times during the preliminary investigation and at the current court session, according to which he contends that the ordering customer of the crimes against Kolesov and Kostina are specifically Pichugin and Nevzlin. He can confirm this fact with the following:

He has been acquainted with Gorin since 1992. During the period from 1993 to 1994, he worked for him as a chauffeur in the town Tambov in the firm ‘Algoritm’ dealing with collecting monetary means from the population. Gorin was the head of this firm. After the firm ‘Algoritm’ ceased to exist, he started to be engaged in opening of an affiliate of the Moscow’s bank ‘Menatep’ in the town Tambov. From conversations with him he understood that Gorin had contacted with the employee of the bank’s security service Pichugin who had promised to help Gorin to find a job.

In august 1998, Gorin proposed to him monetary remuneration to the amount of 5 000 US dollars (at the exchange rate of the Bank of Russia at the date was equal to 39 525 rubles) to commit a crime in Moscow against a man and a woman who allegedly, were engaged in business activities. He, in his turn, proposed to commit these crime s to Popov. Then, Popov introduced him to Korovnikov, as a person who would fix problems with regard to committing these crimes.

Later, he met with Korovnikov at a dacha located not far from the town Tambov, where Korovnikov informed about his consent to commit these crimes. Having discussed conditions of the crimes – the sum of remuneration amounting to 3 000 US dollars - he handed over to Korovnikov addresses of the places of the domicile of Kolesov and Kostina, their photos from personal files that had been given to him (Peshkun) earlier by Gorin. Gorin himself was to become for committing these crimes 20 000 US dollars, and 6 000 US dollars from that sum Gorin planned to pat to actual perpetrators of these crimes.

The need to commit these crimes against Kolesov Gorin explained with the following argument – he, by his official activities, had created obstacles for the leadership of the company Yukos. During the discussion of methods of coming a crime against Kolesov, Korovnikov expressed his intention to buy a fire arm. The Gorin transferred to him telephone numbers that Korovnikov had to use after committing the crime. Korovnikov, together with his acquaintance, repeatedly went to Moscow to find out itineraries of movements of Kolesov and Kostina, as well as way to approach to the places of their domicile. During a regular meeting, Kolesov said that Kolesov was accompanied by a bodyguard, and after that the decision was made about the use of fire arms. Yet, later, from Gorin’s words, it became known to him that the crime against Kolesov had been committed by other persons.

He got acquainted with Pichugin in 1997-1998 through Gorin who said that Pichugin was the head of the security service of the oil company Yukos. The meeting took place near Pichugin’s office on Vavilov Street, house 23 in Moscow. The last several years Gorin and Pichugin were in close contact with each other, and they also dealt with illegal matters. Later, there was a conflict between Gorin and Pichugin in connection with Gorin’s intention to blow a whistle about the involvement of Pichugin and his chief Nevzlin in organizing crimes against Kolesov and Kostina. Gorin started to fear for his life, in particular, when he was one again going to a regular meeting with Pichugin, and he warned that, in case he would not return, then it would be necessary to contact his (Gorin’s) wife, as she would know that to do in such a situation and was armed with information pertaining to Pichugin.

His assumptions about involvement of Puchigin and Nevzlin as organizers of the attempted murders against Kostina, Kolesov, Rybin and murder of the Gorins are based on veracious information received by him from Gorin S.V. In talking to him, Gorin repeatedly said that not only Pichugin was organizer of crimes, namely of the attempted murders of Rybin, Kostina and Kolesov, but there was a more powerful organizer – Nevzlin.

The first talk with Gorin about the involvement of Nevzlin in the mentioned crimes, took place approximately in 1999, when he and Gorin S.V. were in Moscow, on the Sakharov Prospect, near the bank ‘Menatep’ Gorin S.V. came out from the premises of the bank and was waiting for someone. They started to talk about executants of orders pertaining to Kolesov and Kostina. In the words of Gorin, Pichugin handed over money to him and executed instructions of Nevzlin pertaining to carrying our ‘orders’. In particular, Gorin S.V. connected Nevzlin’s name with the attempted murders of Kolesov, Kostina and Rybin. Before this conversation with Gorin, he had never heard the name Nevzlin, and he had not known who this man had been. He learned it only from Gorin that Nevzlin was Pichugin’s chief and that he stood behind all attempted murders of Kostina, Kolesov and Rybin.

He knows that in the town Volgograd lives an acquaintance of Gorin, namely Shapiro Vladimir. Bisides, Gorin had some other acquaintance in Volgograd with the name ‘Gena’ (Tsigelnik – Shevtsov). He several times was present at conversations between Gorin and ‘Gena’ when they discussed their meetings, but these were short conversation, but Gorin didn’t answer to clarification questions.

Earlier, during the preliminary investigation he didn’t provide evidence with regard to the involvement of Nevzlin L.B. in murders and in organization of them, because he had feared for his life and health, as well as for life and health of his close relatives.
(Volume No 1, pages of the file 121-126, 219-227, 265-267; volume No 3, pages of the file 148-151; volume No 4, pages of the file 52-55; volume No 8, pages of the file 48-53, 57-64, 99-108, 114-118, 226-231; volume No 9, pages of the file 79-82, 110-124, 157-169; volume No 10, pages of the file 51-52, 86-95; volume No 11, pages of the file 198-202; volume No 60, pages of the file 29-42; volume No 41, pages of the file 33-64)

- Testimony of the witness Popov P.A. both during the preliminary investigation and in court, according to which Peshkun, in August 1998, approached him with a proposal to find acquaintances to talk to two business men – a man and a woman. About the proposal that came from Peshkun he informed Korovnikov who wanted to meet with Peshkun personally. At the end of August, Korovnikov asked him and Kabanets to go to Moscow. Korovnikov showed them photos of a man and a woman and named them – Kolesov and Kostina. In Moscow, they, first, came to the place of the domicile of Kolesov, there they waited until he came home and saw that Kolesov was driven in a light car.

After visiting Kolesov’s apartment, Korovnikov said that he didn’t look like a business man. Having return to the town Tambov, Korovnikov meet with Prshkun and told him that it would be difficult to commit crime against Kolesov. Peshkun proposed to postpone the commitment of the crime for a certain time against Kolesov, and to deal only with Kostina.

Later on, Korovnikov, on Paveletsky railway station, met with Peshkun who came to the meeting in the car ‘Jeep’ followed by another car SUV with several people in it. On that ‘Jeep’ that Peshkun came on to Paveletsky railway station, had a state registration number of the Moscow region. Peshkun, on this very car, came to the station of to a service station in the town Tambov. This time, there was another man with Peshkun with whom he behaved himself obligingly.
(Volume No 4, pages of the file 10-17, 107-109; volume No 6, pages of the file 190-196; volume No 9, pages of the file 170-174)

- Testimony of Korovnikov I.O., given by him at interrogations in the capacity of defendant, as well in the current courtroom, according to which he, had known Peshkun from 1997. In August 1998, his acquaintance Popov addressed him with a request to provide help to a group of persons in Moscow in connection with repayment of debt of a man and a woman, who also lived in Moscow. In case of positive decision of the matter, a certain inhabitant of Moscow would pay 3 000 US dollars. As it became clear later, the mane of the woman was Kostina, and the name of the man was Kolesov. Later on that month, Peshkun came to his dacha located in the village Pereksa, Tambov Region, she he, withing the framework of preparing the crime against Kostina and Kolesov, handed over to them a sum of money to the amount of 1 500 US dollars (at the exchange rate of the Bank of Russia at that moment the sum was equal to 11 857 rubles, 50 kopeks). For committing this crime, they gave a month.

During one of the trips to Moscow, he, together with Popov and Kabanets, stalked Kolesov. In fact, it was he, who, disguised as an employee of the firm ‘Mosenergo’, during the conversation with Kolesov’s wife, assured himself that Kolesov dwelled at the address that had been given to him by Peshkun, he also learned that Kolesov held a sight position in the system of the bank ‘Menatep’. The collected information, including his itinerary of going to work and returning from work, he transmitted to Peshkun. During further conversations with Peshkun, the latter told that, in case of killing the mentioned persons, the volume of remuneration would be increased.

Later on, the amount of remuneration for the murder of Kostina and Kolesov was increased to 15 000 US dollars. Peshkun told that the order for committing the murder of Kostina and Kolesov came from Pichugin. During their metings. Peshkun was coming up to Pichugin’s car and coordinated with him term of committing these crimes. Conditions of committing these crimes Peshkun coordinated with Gorin. Apart from that, it is known that Gorin is his chief. Peshkun told him that the order to kill Kolesov was connected with his official activities.

After the explosion near the apartment of Kostina, Gorin and Peshkun told him that everything was good and that Pichugin was happy, and in the words of the latter, he needed people who could made explosions and murders, and he also promised to pay a bonus amounting to 2 000 US dollars. However, Gorin, saying that the ordering customers refused to pay money, didn’t give them the promised bonus. At the same time, Gorin and Peshkun, because of some problems that arose, tried to sell all their belongings. From their words, it became known to him that they had at once to square accounts with the ordering customers.

Not trusting to Gorin and Peshkun, he, in January 1999, called in Moscow a person who, after committing the crimes, asked to call him in order to guarantee and alibi. He told of the phone that he was from the brigade of builders from the town Tambov who, in effect, were dealing with the renovation of the entrance of the house. The man understood what it was about, and, calling him by name, proposed to him to come to Moscow, to the same place where earlier their meeting had taken place. Moreover, he had to be dressed in the same clothes as directly before the explosion. That is, during the conversation, the exact place was not mentioned, but it was clear that the meeting would take place on Paveletsky railway station. He came to the place of the meeting ahead of time, and, while he was approaching the central entrance, somebody called him by name. He looked back and saw Pichugin.

In the course of the talk, Pichigin, using harsh words for Gorin, gave to understand that Gorin had received considerable sums of money for committing crimes against Kostina and Kolesov, and explained that the executors who had committed the crime against Kolesov, had received a monetary remuneration to the amount of 5 000 US dollars. On the presented during the interrogation photos, he (Korovnikov) he pointed to Puchugin and Gorin as persons who had conducted negotiations with Peshkun about monetary remuneration for the execution of the murder of Kostina and Kolesov. Besides, Gorin, fearing for his life, was handing over to him bank documents and photos of the leadership of the bank ‘Menatep’ involved in the attempted murder of Kolesov and who had committed a series of other crimes.
(Volume No 3, pages of the file 179-186; volume No 4, pages of the file 104-106: volume No 6, pages of the file 42-51, 73-88, 174-178; volume No 7, pages of the file 82-88; volume No 8, pages of the file 247-251; volume No 9, pages of the file 87-95; volume No 61, pages of the file 59-66; volume No 41, pages of the file 75-113)

- Identification protocol of persons from photographs, according to which Korovnikov I.O pointed out to the photo of Nevzlin, and explained that he looked very similar to one of the managers of the bank ‘Menatep’, a photo of whom Gorin S.V. had shown to him, as a person involved in the attempted murder of Kolesov as well as in committing a series of other crimes.
(Volume No 9, pages of the file 193-196)

- Protocol of the inspection of evidence on the scene with participation of the witness Korovnikov I.O., and photoboard, according to which Korovnikov, in presence of line-up witnesses, indicated the dwelling place of Kolesov V.L., at the address: Marshal Biryusov Street, house 41, building 1, apartment XX, explaining that that was the apartment that he had visited disguised as an employee of the firm ‘Mosenergo’ in the fall of 1998, with the purpose to establish the whereabouts of the latter.
(Volume 7, pages of the file 58-61)

- Protocol of presenting a person for identification of 30.07.2003, according to which Korovnikov, from the presented persons, confidently recognized Pichugin and the ordering customer of committing crime against Kolesov and Kostina.

- Protocol of face to face confrontation of the witness Korovnikov I.O with the defendant Pichugin A.V. of 05.09.2003, according to which Korovnikov confirmed the evidence given by him earlier on the involvement of Pichugin in organizing the crime against Kolesov.
(Volume No 7, pages of the file 42-57)

- Testimony of the witness Kabanets V.N., both during the preliminary investigation and in court, from which is clear that. In 1999, Korovnikov proposed to him and Popov to come to Moscow in order to commit a crime against Kolesov and Kostina, and for that it was promised to pay a remuneration to the amount of 2 000 US dollars. His actions connected with committing of the crime, Korovnikov coordinated with someone in Moscow. While in Moscow, Korovnikov, under the guise of an employee of the firm ‘Mosenergo’, visited the apartments of Kolesov and Kostina.
(Volume No 4, pages of the file 73-78; volume No 7, pages of the file 99-103)

- Evidence in court of the witness Erbes D.P., similar to evidence of Popov P.A., Korovnikov I.O. and Kabanets V.N.
(Volume No 4, pages of the file 100-103, volume No 7, pages of the file 78-81)

- Зrotocol of the face-to-face encounter between the witness Korovnikov I.O. and Peshkun A.V. of 28.10.2003, according to which they discussed among themselves way of committing the murder of Kolesov and Kostina, and that stated during the face-to face-encounter Korovnikov and comfirmed Peshkun.
(Volume No 8, pages of the file 32-36)

-Protocol of the face-to-face encounter between the witness Korovnikov I.O. and the witness Kabatets V.N. of 28.10.2003, according to which Peshkun A.v. discussed the method of killing Kolesov with the use of fire arms, as well as additional monetary remuneration in case of the death of the latter.
(Volume No 8, pages of the file 37-40)

- Testimony of the witness Smirnov O.M. given by him during the preliminary investigation as well as during court sessions, according to which he met with Gorin in 1999, when, withing the framework of the criminal case connected with the killing of Popov and Umansky, he withdrew from him a short rifle. Later, he drove Gorin to Moscow, to Vavilov Street, where he discussed with an employee of the security service of the oil company Yukos Pichugin the question about his employment. Gorin himself told that Puchigin can solve the question of removing from the office Borodulin, an acquaintance of Gorin, who was the head of the security service of the oil company Yukos in the town Tambov.

From the conversation with Gorin he learned that Pichugin, via Gorin, ordered a killing of a man in Moscow. Gorin decided to engage to this Peshkun, who, in his turn, recommended Korovnikov and friends of the latter as capable to accomplish any assignment. Saying that Gorin meant exactly an order to murder, he explained that Gorin demanded to stage a murder of hooligan intentions, or with a purpose to rob a person. Peshkun also was aware of the order to murder, all the more so as through him Gorin channeled the order to Korovnikov.
(Volume No 1, pages of the file 26-27, 254-258; volume No 7, pages of the file 212-221; volume No 11, pages of the file 174-178; volume No 9, pages of the file 197-208, 209-216, 290-294,; volume No 18, pages of the file 102-106; volume No 41, pages of the file 144-157)

- Statement of Tsigelnik (Shevtsov) G.A. of May 5 and 11, 2005, with a supplement, according to which he confesses honestly his participation in the crimes against Petukhov V.A., Rybin Y.L., Kolesov V.L., committed at the order and in interest of the oil company Yukos and informed about financing of these crimes by Nevzlin.
(volume No 66, pages of the file 169-180, 183-190)

- Announced and examined in court, in accordance with Article 281 of the Criminal Procedure Code of the Russian Federation, testimony during the preliminary investigation, of the witness Tsigelnik (Shevtsov) G.A. made by him repeatedly, according to which, in the process of shadowing Rybin, that is, in November or October 1998, Shapiro and Goritovsky ordered him and Reshetnikov to drop all plans and to deal with the man named Kolesov. The purpose of the crime against Kolesov was a physical influence on him from the part of the leadership of the oil company Yukos, and he, in fact, worked in this enterprise and refused to communicate. He knows for a fact that the crime was being committed directly in the interests of the leadership of the oil company Yukos, namely of Pichugin and Nevzlin.

They were ordered to make am attempt of physical influence on citizen Kolesov, who dwelled on Marshal Biryusov Street in Moscow. For this, he was given a photo of Kolesov and he was told that he had to be beaten, and before that to stalk him for several days. Kolesov dwelled on fifth or sixth floor on Marshal Biryusov Street. Before the house where Kolesov lived, there was a park with a pathway coming across it. Kolesov usually left his car on a parking lot and came home through the park. At this time, Kolesov had a foreign car of bright color.

He told Shapiro where Kolesov lived, and the former said that Kolesov had to be beaten at once, as it was necessary to make some deals. From words of Shapiro, he understood that Kolesov worked in the company Yukos and didn’t want to make any compromises, he was not agreed with something. This order came directly from Pichugin and Nevzlin, which means from the leadership of the company Yukos.

He and Reshetnikov dropped all their plans, including tracking Rybin, and shifted to Kolesov’s case. Once. In the evening, Kolesov left his car in the parking lot and was walking through the park on the pathway. Somewhere in the middle of the park, they moved towards him. Reshetnikov went in front, he passed Kolesov, grabbed him from behind by his hands, then he came up to him from in the front and hit him twice on the chin, after that Kolesov fell to the ground and he hit him once with his leg in the chest. Having understood that Kolesov fell and was laying conscienceless, he and Reshetnikov took his case and went away.

Initially, they had been told to take an attaché-case, that is why they took it not with the purpose to rob him, but with the purpose to show documents and passport that was in the case to Shapiro. There were some documents if the case, two thousand dollars that they divided with Reshetnikov among them, and the passport they gave to Shapiro in Moscow. Other objects they threw from a bridge in the near of belt highway. For committing the crime against Kolesov, they received five thousand dollars that were handed over to them directly by Shapiro.

(Volume No 65, pages of the file 82-11, 112-125; volume No 66, pages of the file 195-216; volume No 67, pages of the file 198-214; volume No 68, pages of the file 41-49; volume No 69, pages of the file 193-200; volume No 70, pages of the file 156-163; volume No 80, pages of the file 42083, 84-105)

In spite of the fact that Tsigelnik, in the course of the current court session, withdrew his testimony, during the preliminary investigation with regards to statements that he had received the order about physical influence on Kolesov, through Gorin and Goritovsky, from Pichugin and Nevzlin, as he had mentioned these names in concert with investigators, in spite to that, the Court holds the evidence of Tsigelnik during the preliminary investigation as veracious, as they are completely corroborated by other proofs of this case, in particular, by:

- seen in court videorecording of the evidence of Tsigelnik during the preliminary investigation at the interrogation of May 11, 2005, from which it is clear ‘that Tsigelnik voluntary and in detail tells that the orders to commit these crimes and their financing came from Pichugin and Nevzlin, which is veraciously known to him from Gorin, Goritovsky, Shapiro, and all these questions thee discussed with Reshetnikov”.

- protocol of the examination of the scene with participation of Tsigelnik (Shaetsov), photoboard, according to which Tsigelnik, in presence of attesting witnesses, demonstrated the place of the committed crime against Kolesov, on 05.10.1998, namely: the place of the domicile of Kolesov, neighboring territory of the house 4, Marshal Biryusov Street , itinerary of Kolesov’s movements from the parking lot to the house, place of the assault and withdrawal from the scene of the event, he described the circumstanced of the committed crime in accordance with the evidence given by him earlier.
(Volume No 80, pages of the file 42-83)

- volumetry surrender of Reshetnikov Y.V. of April 28 and May 6, 2005, according to which Reshetnikov voluntary told about the crimes committed by him together with Tsigelnik G.A. in the interests of representatives of the OJSC Oil Company Yukos, namely of Nevzlin and Pichugin, including the crime against Kolesov V.L. and Rybin Y.L., as also reported the circumstances of committing these crimes.

– evidence of the witness Reshetnikov Y.V., both during the preliminary investigation and in current court session, according to which in the spring or autumn of 1998, the exact date he doesn’t remember, he and Shevtsov (Tsigelnik) received an assignment to physical pressure on citizen Kolesov, disguised as a robbery, so that he, as they were told, to sign necessary papers and start to cooperate with employees of the oil company Yukos.

Assignments he and Shevtsov received from Goritovsky and Shapiro, who, in their turn, received orders from Puchugin and Nevzlin. For committing these crimes, they hoped, as it was promised to them, to receive remuneration to the amount of 5 000 US dollars for two of them. Besides, they received addresses of the places of domicile and work of Kolesov, as well as his photos, and asked them to steel his diplomat-case and present his personal things and proof of the committed crime.

He and Shevtsov (Tsigelnik) carried out preparatory measures: learned in advance where he leaves his car, and came to conclusion that the best way was to meet him in the park, in a most desolate place, they also came to his apartment and spoke with his spouse in order to know whether he was at home or not.

On the day of the assault, Kolesov left his car on the parking lot and went in the direction of his house. He and Shevtsov (Tsigelnik) waited for Kolesov on the pathway, between bushes, in the most covered from other people place. They met Kolesov near the tree that stood near the pathway. He was standing in front of him and Shevtsov (Ysigelnik) was behind him. As Kolesov had two itineraries of movements, on the pathway and on the road, so they placed themselves in the middle and could get him from each side. When Kolesov came up with them, he grabbed the affected and pressed him close to his body, and at this moment, Shevtsov attacked Kolesov and by several hits on the head knocked him off his feet. Kolesov fell to the ground and was unconscious, and he and Shevtsov (Tsigelnik) dealt some blows with hands and legs on different parts of the body. After that, they stole his diplomat-case with personal things and disappeared from the scene of the event, as, within sight, appeared other people.

The diplomate-case contained: a gas gun, caliber 8 mm, papers and money in US dollars. The stolen from Kolesov money he and Shevtsov (Tsigelnik) divided among themselves, they kept some papers for the report of the committed crime, and the rest of the objects they dropped in the Moskva river. For the committed crime, he and Shevtsov (Tsigelnik) received 5 000 US dollars for two.
(Volume No 66, pages of the file 142-161; volume No 68, pages of the file 8-24; volume No 70, pages of the file 79-88; volume No 80, pages of the file 3-32, 33-41)

- Protocol of the examination on the scene with participation of Reshetnikov Y.V., photoboard, according to which Reshetkokov, in presence of attesting witnesses, indicated the plce of the crime committed against Kolesnikov on 15.10.98, namely: place of the domicile of Kolesov, surrounding area of the house 4, building 1, Marshal Biryusov Street, itinerary of movements of Kolesov from the parking lot to the house, place of the assault, withdrawal from the scene of the event, recreated the circumstances in accordance with the evidence earlier given by him.
(Volume 80, pages of the file 33-41)

- Statement of Shapiro V.V. of March 25 and 31, 2005, of Reshetnikov Y.V. of May 6 and 19, 2005; of Tsigelnik (Shevtsov) G.A. of March 29 and May 2005, according to which they present facts known to them pertaining to the involvement of some persons from the leadership of the oil company Yukos in committing extremely grievous crimes, and in connection with that, really fearing for their lives and health, as well of live and health of their close relatives, ask to take measures guarantying their security.
(Volume No 65, pages of the file 23, 26, 46: volume 66, pages of the file 133, 166, volume No 67, pages of the file 83, 93)

- Testimony of the witness Shapiro V.V., both during the preliminary investigation and current court session, from which it is evident that he knows, from conversations of Gorin with Goritovsky, that Shevtsov (Tsigelnik) with someone else, to the order of Gorin, approximately at the same time, when the attempted murder of Rybin was being prepared, in means, in the autumn of 1998, in Moscow beat a man who, after that, was delivered to hospital. He himself has nothing to do with the assault on Kolesov, but he knows from Gorin and Goritovsky, that the order to beat Kolesov had come from Yukos and ‘Menatep’, that is, from Pichugin and Nevzlin, the name of the latter he had heard from them repeatedly in the sense that Nevzlin had been financing these crimes, as money in a pochette was given to him by Gorin and he told him that this money he had received from Pichugin and Nevzlin, so he transported this money to Goritovsky.

At the beginning of the preliminary investigation, during interrogations, he didn’t mention the name Nevzlin, as he was fearing for his life and life of his family.
(Volume No 16, pages of the file 53-55, 69-73, 90-98, 101-116, 126-141, 142-152, 165-171,

volume No 65, pages of the file 29-41, 140-151; volume No 69, pages of the file 201-206; volume No 70, pages of the file 131-134)

- Testimony of the affected Kolesov V.l., both during the preliminary investigation and in court, according to which, at the end of 1997 – beginning 1998, a managing group was separated from the CJSC ‘Rosprom’, and on this basis the OJSC ‘Yukos-Moskva’ was created that managed the oil company Yukos. From March 6, 1998, he was appointed to the position of executive officer of the CJSC ‘Rosprom’, where, while selecting employees, he, practically, was creating a new managing apparatus. In the course of this work, in the circle of his contacts there were also employees of the profiled subdivisions of the OJSC ‘Yukos-Moskva’, and there was active cooperation between security services of the company ‘Rosprom’ and Yukos.

On 05.10.98, between 20.00 and 21.00 p.m., along the route from the parking lot to his house, two unknown men beat him. One of the attackers grab him by his hands, and the second dealt him a powerful blow by hand on his head. Then the attackers several times sprayed him in the face from a pepper gun. As the result of the blows, he fell to the ground, and after that the attackers continued to inflict blows on him with legs, in the areas of head and body, so, as the result, in 1-1.5 minutes he lost conscience.

After coming to his senses, he found out that he was in the midst of the park, at about 7 meters from the place of the attack, some of his objects were stolen, as well as money to the amount of 1 500 US dollars, and the whole sum was 1925 US dollars (at the exchange rate of the Bank of Russia at that moment the sum was equal to 30 743 rubles, 41 kopeks.
(Volume No 5, pages of the file 188-190).

The attackers acted professionally, goal-oriented, and they were no ordinary hooligans or occasional passers-by. Because of extremely serious conditions after receiving bodily damage, he could apply to police only of the next day.

Later, he had to request medical assistance in an emergency department of the hospital No 67, but he refused to be hospitalized. He had no conflicts with anybody on the eve of the crime committed against him. From the words of his wife, he learned that, approximately, on 02.10.1998, an unknown man came to their apartment, who presented himself as an employee of the company ‘Mosenergo’, he asked about the time when her husband would come home. On the next day, this man came once again, this time he didn’t presented himself, and asked to produce a certificate, he said he didn’t have it with him.
(Volume N0 5, pages of the file 11, 31-40, 104-112, 160-163, 184-187, 191-193, 194-197; volume No 12, pages of the file 119-122)

- Protocol of examination of evidence on the scene with participation of affected Kolesov, photoboard, according to which Kolesov, in presence of attesting witnesses, indicated the place of the committed crime committed against him on 05.10.98, namely, the surrounding territory of the house 4, building 1, Marshal Biryusov Street, in Moscow, recreated the circumstances of the committed crime in accordance with the evidence previously given by him, specifying that, when he regained conscience, he found himself in the midst of the park, 15 meters away from the pathway, on which he had been assaulted.
(Volume No 5, pages of the file 145-156)

- Copy of the work record book of Kolesov V.L., according to which, from 06.03.98 to 17.11.2000, he as the executive officer of the CJSC ‘Rosprom’.
(Volume No5, pages of the file 41-49)

- Certificate of the city’s hospital No 67, of October 6 and 9, 1998, according to which Kolesov V.L. asked for medical assistance in the emergency station of the hospital, where they a diagnosis for him: brain concussion, contusions, abrasion of soft tissues of the face, contusion of chest.

- Entry with number 1707 of 06.10.1998, in the registration book of crimes of the Division of Internal Affairs ‘Schukino’, Department of Internal Affairs of the North-West Administrative District of Moscow. Telephone massage N 1305 from the 67th clinical hospital of Moscow that, on 06.10.1998, at 11.30 a.m., by the ambulance No 209555, was delivered Kolesov Viktor Lvovich, from the words of whom, he, on 05.10.1998, at 20.30.p.m., was beaten near his house by unknown men. Diagnosis: brain concussion, contusion of chest, abrasion of face.
(Volume No 5, pages of the file 57-58)

- Expert conclusion No 6626 M/11148, of 01.08.2003, according to which Kolesov V.L. received brain concussion, periocular hematomas on both sides, multiple abrasions of face, which had caused a light damage to health on account of short-lived health disorder, for not more that 3 weeks. Blood spot on the chest, right side, in the area of IX and X ribs, underarm line, that didn’t inflict damage to health. The mentioned injuries were caused by sliding blows and impact of blunt objects, perhaps, on October 5, 1998, under described circumstance.
(Volume No 40, pages of the file 11-13)

- Verdict of the Moscow City Court of March 30, 2005, that has become final and biding, according to which, the head of the fourth division of internal and economic security of the oil company Yukos Pichugin A.V. is adjudged guilty of organizing, together with other managing employees of the oil company Yukos, of assault related to robbery on Kolesov V.L. , with the purpose to steal personal property, committed with the use of life and health threatening violence, by a group of persons, by previous concert, , and Peshkun A.V. of instigation to preparation to the assault related to robbery on Kolesov.
(Volume No 41, pages of the file 4-12)

- Verdict of the Moscow City Court, which has become final and biding, of August 17, 2006, according to which Tsigelnik G.A. and Reshetnikov Y.V. are adjudged guilty of assault related to robbery on Kolesov V.L. and sentence to imprisonment.
(Volume No 42, pages of the file 1-56)

Thus, during the court sessions, in was established that the assault on Kolesov was committed, by previous concert, by a group of people, because Gorin, with knowledge of Pichugin and Nevzlin, organized an assault on Kolesov, engaged Shapiro and Goritovsky, and those, in their turn, for monetary remuneration, engaged for this Tsigelnik and Reshetnikov, who, by previous concert, and acting together and in coordination, with the use of violence, dangerous for life and health of the affected.

- inspection, according to which bodily damage was inflicted to Kolesov that caused light damage to his health, they made an assault on Kolesov and took possession of the property belonging to him, including the case with carious papers and money to the amount of 1 500 US dollars, that Tsigelnik and Reshetnikov divided among themselves.

The bodies of preliminary investigation has brought a charge against Nevzlin L,B, that he organized an attempted murder of Kolesov V.l. in connection with carrying out of this person his employment activities, by a group of persons, by previous concert, for hire, connected with robbery, yet, the crime was not fully carried through due to circumstances beyond his control.

However, this accusation of Nevzlin L.B. of organizing an attempted murder of Kolesov, didn’t find its corroboration in court sessions, apart from the organizing, together with Pichugin, the very assault on Kolesov, the guilt of which is fully established by the totality of the provided proofs, so in connection with this, the Court considers it necessary to recharacterize the actions of Nevzlin L.B. oin connection with the accusations of conducting the assault on Kolesov, professional career of whom contradicted personal and office interests of leaders of the oil company Yukos.

Arguments of defense of Nevzlin L.B. brought after statements during juridical pleadings of the state prosecutor, on absence of guilt of Nevzlin in organizing the crime against Kolesov V.L., i.e. the assault related to robbery, as the motive of this crime could be only profit, that is why the Court finds this as untenable, as in the court sessions, it was reliably ascertained that it had been Nevzlin, together with Pichugin, who had organized the assault on Kolesov, whose professional and office career had contradicted their personal and office interests in this is being corroborated by evidence during the preliminary investigation and in court, by witnesses Peshkun, Korovnikov, whe, in the words of Gorin, knew that the ordering customer of the crimes against Kolesov and Kostina, are Pichugin and Nevzlin, by similar evidence of the witnesses Popov p., Kabanets, Erbes, Shapiro, as well as by the witness Tsigelnik during the preliminary investigation, and Reshetnikov during the preliminary investigation and in court, who executed the order and carried out an assault related to robbery on Kolesov, i.e. beat him and caught hold of his belongings that then divided among themselves.