The Commissioner for the Protection of the Entrepreneur's Rights in the Moscow Region Vladimir Golovnev considered an application of a LLC CEO about illegal criminal prosecution. The investigation subject was municipal contract performed in 2014 year, that was concluded for four roads repairing in Aprelevka of Naro-Fominsk district in total amount of 5 million 800 thousand of rubles.

According to investigators, the LLC overstated the cost of work performed, using cheaper materials instead the ones, specified in technical terms.  But in the meantime, there was no any comments neither on quality nor on the road repairing price from Aprelevka administration at all.

    Besides, the contract performer (an applicant) won a contest among other seven entities, no mention the contract price was estimated by local administration more over than 8 million rubles at first.

    On October of 2018 year the LLC CEO was charged under part 4 of article 159 of Criminal Code of Russian Federation (high - value fraud).

    The defense immediately drew attention to absence of any calculations of the damage that has been done, according to the forensic provided. Except the witness statement, there were no any other evidences of an offence so far.

    "Along with a lower, our representative participated the hearings in January - March of 2019 year as an advocate. As a result, the case was returned to a prosecutor for further investigation.

    Through cooperated action with regional procuracy, the case against applicant was closed in July this year, based on point 2 of part 1 of  article 24 of Criminal Procedure Code of Russian Federation (the absence of the offence).

    We had achieved the result, despite the fact that this investigation lasted about three years. The criminal case was dismissed due to the lack of offence. "- informed the Moscow Region Business Ombudsman Vladimir Golovnev.