After the intervention of the Moscow Region Business Ombudsman, the property worth 60 million rubles was returned to the entrepreneur.
After an appeal to the Moscow Region Business Ombudsman, illegal actions of police officers who sealed goods worth nearly 60 million rubles were suppressed.
Based on the results of the check carried out by the prosecutor's office of the Moscow Region and the Main Department of the Ministry of Internal Affairs of Russian Federation for the Moscow Region, a refusal decision was made to initiate a criminal case against the entrepreneur suffered and returning the property seized.
The Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region received an appeal from a lawyer representing the interests of a LLC registered in Moscow. The author of the appeal reported a violation of the entrepreneur's right to dispose of his property, which was admitted by officers of the Russian Ministry of Internal Affairs in Solnechnogorsk urban district during a procedural check.
It follows from the appeal that the Company, on the basis of a supply agreement in December 2020, purchased from partners cable and wire products worth about 60 million rubles.
According to the delivery agreement dated this January, the specified products were transferred for safekeeping to warehouses located in the Solnechnogorsk region.
In March 2021, the organization responsible for the storage of the goods notified the owner of the goods that the cargo belonging to the Company was sealed when the employees of the Ministry of Internal Affairs of Russian Federation in Solnechnogorsk inspected the scene at the request of the representative of the supplier of the goods. The CEO of LLC that owns the goods in the department of Ministry of Internal Affairs of Russia in Solnechnogorsk gave detailed explanations and provided documents confirming the legitimate purchase of cable and wire products.
At the same time, the police received information that they had a supply agreement provided by the seller and signed by the previous director of the organization that owns the goods. As a result of the police’ actions, the Society was deprived of the right to dispose of its property.
The regional Ombudsman for the Protection of the Rights of Entrepreneurs sent letters to the Moscow Region Prosecutor's Office and the Main Department of the Ministry of Internal Affairs of Russia for the Moscow Region with a request to check the actions of the police and, if violations are detected, to take response measures. A decision was made to refuse to initiate a criminal case (at the request of the supplier of the goods), the seized property was returned to the applicant.
According to Vladimir Golovnev, the businessman denied the existence of a forged agreement with nonexistent conditions for the transfer of ownership of the goods.
“In this case, in fact, an extrajudicial arrest was imposed on the property of the LLC. The inability to dispose of the property belonging to it has become an obstacle to the implementation of entrepreneurial activity, which naturally leads to losses, and sometimes to a complete suspension of entrepreneurial activity. This is completely unacceptable", said Vladimir Golovnev, the Moscow Region Business Ombudsman.