2.5. PROOFS

“The defendant Nevzlin L.B., during the preliminary investigation, in the course of interrogations, in the capacity of a witness, on March 31, 1999, September 9, 1999, March 30, 2000, said that he, from 1998, has been holding the position of the first deputy of the president of the board of the oil company Yukos, is one of the main shareholders of the company. During his work in the company he oversaw directions connected with formation of a climate of the stuff, interactions with the press and public, and security service of the company. Leaders of the company Yukos didn’t agree with the conditions of the agreements concluded by the previous administration of “VNK’ with ‘East Petroleum’, believed them to be economically unprofitable for “VNK’.

In February 1999, a letter from Rybin was delivered to the oil company Yukos, in which, as it seemed to him, there was a hidden threat to Khodorkovsky, so, in connection with that, he personally gave instructions to representatives of the security service to tackle the issue and to clarify it. He is not acquainted with Rybin Y.L., neither he personally, nor other representative of the oil company Yukos have anything to do with the attempted murders on his life. He thinks that the crimes against Rybin Y.L. are connected with his previous activities or were committed by third persons with the purpose to discredit the oil company Yukos.
(Volume No 45, pages of the file 70-73; volume No 47, pages of the file 239-240, 241-242)

Accused of organizing these crimes by the Verdict of the Moscow City Court of August 6, 2007, Pichugin A.V., refused to give evidence having used the right provided by Article 51 of the Constitution of the Russian Federation.

In spite of that, the guilt of the defendant Nevzlin L.B. of organizing these crimes is corroborated by the following proofs:

- Testimony of the affected Rybin Y.L. given repeatedly during the preliminary investigation, including in this vert court, from which it follows that he, from 1994, executive officer in the investment company ‘East Petroleum Handelsgaz m.B.H.’. In January 1998, his company entered into business relations with the oil company Yukos which had acquired a packet of shares of “Est Petroleum Investment Company’ (further on ‘BNK’), which included OJSC ‘Tomskneft’, JSC ‘Achinsky Oil Refinery’, ‘Tomsk Oil-Chemical Plant’, network of enterprises dealing with oil sales. As the result of this purchase, the oil company Yukos started to effectuate outside management of the OJSC ‘Tomsknetf’ with which the company “East Petroleum Handelsgaz m.B.H.’ had a continuing contract on mutually compatible activities.

At the end of January, beginning of February 1999, by an illegal decision of the oil company Yukos, on a unilateral basis, by the decision of the leadership of the oil company Yukos all effects of the contracts concluded by the company ‘East Petroleum Handelsgaz m.B.H.’ with the OJSC ‘Tomskneft’ were suspended, and the motive of this decision was that it was necessary to carry out an audit of correctness of the contracts. As the result of these illegal actions from the part of the oil company Yukos oil deliveries were stopped, and all movements of accrued developments were stopped. From the part of the company headed by him, repeated claims were sent demanding the fulfillment of the conditions of the current agreements.

At the end of March, 1998, both sides created working groups for settling these issues. From the part of the oil company Yukos, the group was headed by vice-president Kasakov V.A., and from their side the director of the Moscow Subsidiary Dergunov V.K. In October 1998, consensus papers were prepared. During all this time, the oil company Yukos didn’t fulfil the agreements and disposed of the received benefits. Later on, the leadership of the oil company Yukos, in the person of Mikhail Khodorkovsky, refused to sign the prepared documents. A vast correspondence and repeated negotiations had no results.

In October 1998, their commission initiated legal claims with regard to one-sided suspension of the agreements by the oil company Yukos, one claim was to the amount of 86 million US dollars, and the other to the amount of 24 million US dollars. From the side of the oil company Yukos, brightly expressed actions were undertaken for ‘delaying’   court sessions, that is, needed documents were not presented in time, demands were made to discuss matter of argument in the Arbitration Court in Vienna, but in Moscow, where, at that time, representatives of oil company Yukos decided any question to their benefit. He personally undertook all possible measures prescribed by the law in order to stop actions of ‘total lawlessness’ of the leadership of the oil company Yukos. Specifically, he made several critical, unmasking statements if the press at the address of the oil company Yukos, and in several days after the publications, on 24.11.98, the first attempted murder against him was executed.

During the whole day of 24.11.98, he was at the meeting in the office of the oil company Yukos, that was conducted by Filimonov A.I. After the meeting, Filimonov proposed to come to his place and sent a invitation note to him. He has been acquainted with Filimonov for about 25 years, and earlier he visited him one or two times. About 9.00 a.m., he, on his office car driven by his chauffeur Yury Galkin, came to Filimonov’, home, at the address Udaltsova Street, 30 in Moscow. He stayed at Filimonov until about 10.00 p.m., and they, as a matter of fact, practically, didn’t discussed any business questions.

Having come out of the entrance of Filimonov, house, he came up to his car, in which sat his chauffeur. At this moment, he saw that an unknown man was moving towards him carrying a package in his hand. The man stopped at the distance of 20 meters, unpacked his package, and he saw that the man was holding an assault rifle in his hands. That man made several targeted shots. He immediately hit himself behind the car and then rushed to the entrance of the house. While he was running to the entrance, he looked at the man running in the opposite direction, and remembered him well.

With regard to this fact, a criminal case was launched, and Nikulinskaya Inter-district Prosecutor Office was dealing with it. During the period of the investigation, through his acquaintances in the oil company Yukos, he learned that the vice-president Yegorov, who had previously worked in the Moscow Criminal Investigation Department (MUR), in every possible way, tried to influence offices of law enforcement agencies so that they would ‘run this criminal case into the ground’. Having decided to inspect the status of the investigation, he approached the Nikulinskaya Prosecution Office where he learned that the criminal case had been recharacterized from murder to hooliganism. Police offices, in their turn, exerted influence on him and demanded from him to write a request about non-launching a criminal case, as no bodily hard had been inflicted to him.

Having learned that representatives of the oil company Yukos were interfering in this criminal case, he assured himself about the involvement of representatives of the oil company Yukos in organizing the attempted murder against him. To guarantee his security, he was forced to turn to the Ministry of Interior of the Russian Federation, and after that, in accordance with a concluded agreement, four police officer were provided for his defense.

From November 25, 1998, for reasons of security, didn’t tell anybody about itineraries of his movements, that is, after the work, nobody knew when he would get home and what itinerary he would follow. A constant influence was being put on him and his family, expressed in very different forms. He personally always saw shadowing of him. In the spring of 1999, when he was in his home in the community Nikolo-Khovanskoye, he noticed a red point, a spot of a laser-controlled aimer – having understood that he was stalked, he fell to the floor and drew the curtains.

In the apartment of his parents at the address Leninsky Prospect, house XX in Moscow, glasses were broken by unknown person and a someone else’s diplomat-case with documents was stolen. Lost were documents relating to his battle with the oil company Yukos, and they were taken from a safe in his office. In February 1999, at the moment, when he, together with the worker Tarasov on a tractor, was removing snow near his estate, he saw a SUV Toyota ‘Land Cruiser’ that first stayed and then passed by – the car was black, with registration number 002. There were three men in the car, and he managed to see very clearly one of them, who was sitting next to the driver. He had seen this man earlier, approximately, in December 1998 or January 1999, in the vicinity of his estate, only this time he had been sitting in a car ‘Niva’, of bright color. Later on. He recognized him – it was Tsigelnik (Shertsov).

The lawyer Dobrovinsky A.A. representing the interests of the company ‘East Petroleum Handelsgaz m.B.H.’, twice warned him of attempted murders in preparation against him. First, in the spring of 1999, shortly before the second attempted murder against him, and the second attempt was, approximately, in half a year. The information what was provided by Dobrovinsky, was not of precise character, so, even before that, he had understood that a murder attempt could be stages against him. Dobrovinsky reported that he had received this information from an unknown man, who, clearly had a relation to the criminal world.

On March 5, 1999, about 18.30 o’clock, he, in the car ‘Volga’ driven by his chauffeur Fedotov and accompanied by two bodyguards Ivanov and Filippov, drove out of the office of the company ‘East Petroleum Handelsgaz m.B.H.’. About the fact that he was going not to his house, but to his relatives, new only another chauffeur Galkin, but he didn’t know the exact time, but he was to meet at 04.00 p.m. his wife at the airport and drive her to the relatives. When they came to the house of the wife of the older brother of Rybin L.N. living at the address Vernadsky Prospect, house XX, apartment XX, in Moscow, he proposed to the bodyguards to leave and to wait to his call, so the=at they can accompany him on his way home. Approximately, in 20 minutes, Galkin Yury called his wife at home and said that the car, in which he was to have been in, had been blown and fired at from fire arms. He thinks that both attempted murders against him were organized by representatives of the oil company Yukos, and here are reasons:

- among the firms that his company cooperates with, only the oil company Yukos has large arrears amounting to millions of US dollars;

- in order to collect the debt, his company has initiated a series of claims in Russian and International courts;

- having examined financial activities of the oil company Yukos, he found out that the main part of money was being stolen, and taxes to the budget were not paid. About activities of the oil company Yukos he sent corresponding letters to the State Duma, Moscow Region Duma, Administration of the Moscow Region, Finance Ministry, Federal Security Service (FSB) and Office of the prosecutor General of Russia. Apart from that, at that moment, he prepared a big letter about the activities of the oil company Yukos to the prime minister Primakov. To prevent him from giving detailed explanation to the mentioned agencies, leaders of the oil company Yukos initiated an ‘order’ with the purpose to get rid of him;

- in the press were being published numerous articles disclosing the activity of the oil company Yukos, they were published with signatures of thought out shareholders, yet all people concerned, including the leadership of the oil company Yukos, knew that this information stemmed from his company;

- four times he addressed in written form to the head of the oil company Yukos Khodorkovsky with a quest to receive him, to give him an opportunity to clarify his position, to hear and find a compromise on matters of argument. There was no answer to that, neither oral, no in written form. And only in September 1998, on of Khodorkovsky’s deputies, Kasakov V.A. reported to him that Khodorkovsky would not meet him, as he had to answer something, but he had nothing to respond and to promise. Kasakov advised him not to lose time, bug go to court adding that he had no doubts that his side would win.

His close acquaintance and colleague, general director of the oil company ‘TNV’ Berlyand A.A., killed on 20.10.1998, told him about a constant pressure on him from the part of the oil company Yukos, in particular, he mentioned a man, representative of the security service of the oil company Yukos, who threatened him trying to tilt toward illegal actions to the benefit of the oil company Yukos. This man he later recognized as Pichugin A.V.

Rybin directly pointed at the leadership of the oil company Yukos, namely at Khodorkovsky M.B. and Nevzlin L.B. as ordering customers of the attempted murder against him, and at Reshetnikov Y.V. and Tsigelnik (Shevtsov) Y.A. as at executors.
(Volume No 8, pages of the file 255-258; volume No 43, pages of the file 5, 16-19, 116, 127, 111-112, 154; volume No 44, pages of the file 83-91, 50-57, 110; volume No 44, pages of the file 181-183, 201-203, 215-218, 236-238, 239-244; volume No 42, pages of the file 55-58, 121, 125; volume No 45, pages of the file 187, 190-209, 215-218; volume No 47, pages of the file 38-70, 87-90, 91-93, 94097, 98-99, 100-102, 103-104, 106; volume No 50, pages of the file 38, 40-42, 46-50, , 53, 54, 76-81; volume No 53, pages of the file 1-7, 9-18, 19-23, 24-33,; volume No 54, pages of the file 1-6, 13-15, 89-91, 107-109, 118-122; volume 55, pages of the file 74-176, 177-178; volume 56, pages of the file 33-35, 160-162; volume No 60, pages of the file 116-118; volume No 61, pages of the file 16-18, 19-22, 141-142; volume 63, page of the file 1,2, 4-88 volume No 65, pages of the file 1-3, 11-14; volume No 73, pages of the file 21023; volume No 76, pages of the file 4-5, 6-16, 160-162; volume No 78, pages of the file 96-98)

- Protocol of presenting a person for recognition of 28.04.2004, according to which Rybin Y.L. confidently recognized Pichugin A.V. as a man who Berlyand had pointed at and had said that this had been an employee of the oil company Yukos who had been threatening him, and said that he was very afraid of him.
(Volume No 57, pages of the file 62-68)

- Protocol of the face to face confrontation between Rybin Y.L, and Pichugin A.V., according to which Rybin confirmed his earlier testimony, and Pichugin demonstrably refuse to take part in the investigative action.
(Volume No 58, [ages of the file 36-39)

- Protocol of presentation of a person for recognition of 10.03.2005, according to which the affected Rybin confidently pointed out to Tsigelnik (Shevtsov) G.A. as the man whom he had seen twice , approximately, in December 1998, in the car ‘Niva’, and, for the second time, ,approximately, in January 1999, in the car Toyota ‘Land Cruiser’ with the registration number ‘002’
(Volume No 64, pages of the file 105-112)

- Testimony of the witness Galkin U.V. given by him both during the preliminary investigation and in court sessions, according to which he worked as a chauffeur of an office car of Rybin Y.L. On 24.11.98, he, on the direction of Rybin, drove him to the house No 30 on Udaltsova Street in Moscow. After Rybin came into the entrance of the house, he placed the car near the entrance and drowsed. He woke when Rybin opened the back door of the car and put on it his diplomat-case. He immediately started the engine, and Rybin came up to the front door. At this moment, several low sounds of shots from an automatic rifle were heard. Rybin bent his body and then ran behind the car, and he drove a bit forward and stopped. It so happened that he covered with his car Rybin, and after that the latter ran into the house’s entrance.

Having stopped the car, he started to dial the telephone number of Rybin and, at that moment, he saw that two men in jackets and sport hats were running from the house to a wasteland. One of the men had a bag in his hand, According to Rybin’s words, an unknown man made several targeted shots at him from an automatic rifle.

On March 5, 1999, he, at the behest of Rybin, he drove relative of the latter. At 06.40 p.m. he contacted through telephone with the second Rybin’s chauffeur Fedotov Nikolay, who said that he was in the area of Vernadsky Prospect and soon he would reach the mansion. At 07.30 p.m. of the same day, he was near the mansion of Rybin in the community Nikolo-Khovanskoye of the Lenin District of the Moscow Area. From the side of the cemetery, he saw in the sky signal rockets of white color, then he heard submachine gun rounds and handgun shots. In a short period of time, he saw a racket of red color and once again heard shots. After approximately 5 minutes, the wounded bodyguard Yevgeny (Filippov) ran up to the mansion and said that there had been an assault of the car – first, it had been blown, and then had been shot at from automatic rifles. He provided help to Yevgeny and called the police.
(Volume No 43, pages of the file 6, 13-15; volume No 44, pages of the file 233-235; volume No 47, pages of the file 107-108)

- Protocol of the investigative experiment with participation of the witness Galkin U.V. according to which Galkin, in presence of attesting witnesses, indicated the scene of the crime committed on 24.11.98. against Rybin Y.L., namely, the surrounding ground of the house No 30 on Udaltsova Street in Moscow, where he saw two running away men, in connection with his previous testimony; photoboard to the protocol of the mentioned investigative action.
(Volume No 44, pages of the file 239-244)

- Testimony of the witness Filimonov L.I., both during the preliminary investigation and in court, according to which he is connected with Rybin Y.L. by long standing friendly and working relations that hat started on the Sakhalin peninsular, where, in 1972, he worked as main engineer of the Tungorsky Department of Drilling works and Rybin worked in it as a master. Then, until 1992, he was minister of oil and gas industry of the Soviet Union. After the liquidation of the ministry, he became general director of the OJSC ‘Tyumensk Oil – VNK’.

At that time, he repeatedly met with Rybin in his capacity of executive officer of the company ‘East Petroleum Handelsgaz b.B.H.’ with the purpose to invest in his field. Between OJSC ‘Tomskneft’ and the company ‘East Petroleum Handelsgaz m.B.H.’, agreements were concluded on mutual activities.

In January 1998, the controlling clock of shares of the company ‘VNK’ was sold to the company Yukos for 1.2 billion US dollars. New ‘masters’ carried out an audit, after which the oil company Yukos canceled the cooperation with the company ‘East Petroleum Handelsgaz m.B.H’. in September 1998, he was appointed to the position of vice-president of the oil company Yukos and headed the commission on negotiations with the company ‘East Petroleum Handelsgaz m.B.H’.

On 24.11.98, a regular round of negotiations took place in the office of Yukos at the address Sagorodnoye Highway, house 5, Moscow. In the course of the negotiations he invited Rybin to visit him at his home. In the evening of the same day, Rybin was on a visit at his place. He invited Rybin himself by writing him a note during the negotiations. They talked, mostly, about these negotiations. Then Rybin said goodbye and went, but suddenly, in a few minutes, he returned and said that they had tried to kill him on the houses’ yard.
(Volume No 43. Pages of the file 140-141; volume No 44, pages of the file 4; volume No 45, pages of the file 131-134; volume No 47, pages of the file 235-236; volume No 50, pages of the file 64-70; volume No 55, pages of the file 25-28)

- Testimony of the witness Avalishvili G.D., both during the preliminary investigation and in court, according to which he has known Rybin for a long time. From the beginning of 1994, Rybin, being the executive officer of the Austrian oil company ‘East Petroleum Handelsgaz b.B.H’, started a mutually advantageous cooperation with the OJSC ‘Tomskneft’, having concluded with it an agreement on mutual activities regarding the West-South oil field. At that time, he worked as deputy of general director of the OJSC ‘Tomskneft’ on economic and financial matters. The OJSC ‘Tomskneft’ and Rybin’s company invested equal means in the oil filed. The extracted oil, Rybin, by attorney, sold both on the Russian market and on foreign markets in accordance with corresponding quota. The gained profit was divided according to the concluded agreements. The money, received by the OJSC ‘Tomskneft’ spent for its own purposes, and Rybin invested his part once more into the oil field. Thanks to these mutual activities, the volumes of the extracted oil grew.

Later on, such an agreement was concluded with Rysin with regard to Krapivinskoye oil field.

In December 1997, the oil company Yukos bought 53% of shares of ‘VNK’ part of which was also OJSC ‘Tomskneft’. Right after the selling, from the company ‘East Petroleum Handelsgaz b.B.H’ was illegally withdrawn the attorney to sell oil, as well as ceased mutual activity on both oil fields. The oil company Yukos improperly ceased mutual activity and did it unilaterally. Rybin, for a long period of time, tried to settle relations with the oil company Yukos, but this didn’t deliver the intended results. After that, the company ‘East Petroleum Handeslgaz m.B.H.’ was forced to relocate the solving of the problem in court. The oil company Yukos, unilaterally, ceased mutual activities also with a series of other companies.

He knew Rybin close and often communicated with him, so he knew that he (Rybin) had not any other conflicts, safe for with the oil company Yukos. Rybin was the initiator of the battle against illegal activities of the oil company Yukos. Apart from that, his acquaintance, the head of the company “TNB’ Berlyand, in conversation with him, repeatedly expressed fears about his life and health and said that the danger came from employees of the security service of the oil company Yukos, who forced him to gather compromising materials on Rybin, Kalyuzhny, Filimonov and on him (Avalishvili). He was also repeatedly summoned to the security service of the oil company Yukos, where, in threatening form, they had proposed to present compromising materials on Rybin, Kalyuzhny, Filimonov, and, because he didn’t deliver such documents, threats started coming at his address.
(Volume No 43, pages of the file 111-112; volume No 45. Pages of the file 83-86; volume No 47, pages of the file 212-213; volume no 58, pages of the file 43-45)

- Announced and examined in court, in accordance with Article 281 of the Criminal Procedure Code of the Russian Federation, testimony of the witness Bazhanov F.V., general director of the OJSC ‘Association ‘Master’, during the preliminary investigation, according to which he got acquainted with Rybin Y.L. in 1996-1997, and entered in finance relations with him in 1998, when his enterprise had unsettled financial relations with the CJSC ‘Yevroliga’. This enterprise owed to the association ‘Master’ about 6 million US dollars. So ‘Yevroliga’ approached the association ‘Master’ with a proposition about assignment of debt claims from the enterprise directed by Rybin. This sum of the debt of Rybin to ‘Yevroliga’ amounted to about 6 million US dollars. I knew Rybin as a solid entrepreneur, I reckoned that the proposal of ‘Yevroliga’ was acceptable for settling financial problems and agreed with this proposal. He met with Rybin several times and discussed with him the question of repayment of the debt. The first meeting was before the first attempted murder against Rybin that tool place in November 1998.

Rybin explained to him that he was trying to regulate the controversy with the oil company Yukos that had to bring back the sum of money which was much higher than Rybin’s debt to the association ‘Master’. After the attempted murder of Rybin, they didn’t meet for a long time, and then he went to Rybin’s dacha , and the latter expressed his intention to continue the controversy with the oil company Yukos by judicial process. Rybin had the sole version of who had organized the attempted murder against hi, - this had been Yukos.
(Volume No 44, pages of the file 92-93; volume No 47, pages of the file 216-217, 218-220; volume no 62, pages of the file 97-99; volume No 63, pages of the file 11-18, 26-28)

- Statement of Dobrovinsky A.A. of 16,09.2004 and of 07.06.2005, according to which , being a witness in the case of crimes committed in the interests of the several managing employees of the oil company Yukos, to his address , as well to the address of his close relatives, came threats from Nevzlin L.B., that he, by force of existing circumstances, perceives as real.

- Testimony of the witness Dobrovinsky A.A., both during the preliminary investigation and in court, according to which, for a long period of time, he took part in court sessions initiated by the company ‘Birkenholz’ and ‘East Petroleum Handelshaz m.B.H.’ in connection with illegal activities of the oil company Yukos. All cases were won by the company ‘Birkenholz’ and the company ‘East Petroleum Handelsgaz m.B.H.’, whose interests he represented.

He happened to talk by phone and meet personally with the leadership of the oil company Yukos, in particular with Khodorkovsky and Nevzlin, Moreover, he learned that the oil company Yukos would not agree with a voluntary settlement of the debt. He received a warning from an unknown man by the name Sergey that he should not communicate with Rybin Y.L. as he had got in the way of very influential people.

One of the leaders of the oil company Yukos Nevzlin, personally called him, expressed offences and threats in coarse language to the address of Rybin and to him personally. He also promised to make a reality his threats, if they didn’t stop their activities against the oil company Yukos. Earlier, while representing interests of different companies in courts against the oil company Yukos, her also received numerous threats to his address. According to him, the organizer and the bordering customer of the attempted murder against Rybin were leaders of the oil company Yukos, in particular, Nevzlin.
(Volume No 53, pages of the file 50-54; volume No 61, pages of the file 27-32, 33-36, 37-41; volume No 68, pages of the file 98-101; volume No 72, pages of the file 191-196; volume No 73, pages of the file 1-5; volume 76, pages of the file 163-166; volume No 78. pages of the file 104-112)

- Testimony of the witness Kasakov V.A. in court, saying that he, for a long time, worked in the management of the oil company Yukos, and he knew it for certain that the control over the activities of the department of security was exercised by Nevzlin, who, by the responsibility statement, was charged to work with the security service. The conflict between the company ‘East Petroleum’ and the company Yukos was repeatedly discussed among the highest management of the oil company Yukos.

- Testimony of the witness Golubovich A.D. both during the preliminary investigation and in court, who, from May 1998 to April 2001, was held the position of director on strategic planning and corporative finances of the oil company Yukos. Approximately, in November 1997, Yukos reassigned to itself the controlling stock of the OJSC ‘East Oil Company’ (later on ‘VNK’). One or two months after that it became known that the elected before the privatization board of directors approved the agreement of back baying from an offshore company controlled by Rybin Y.L. a large bloc k of shares of the Achinsk Oil Refinery at the price of 20 million US dollars. The mentioned agreement, according to Khodorkovsky M.B., was illegal. Moreover, the company ‘VNK’ was not capable to pay such amount of money, and the news owner embodied by the leaders of the oil company Yukos, didn’t want to settle debts. This circumstance   was the first reason of the conflict between the leadership of the oil company Yukos and Rybin Y.L.

At the behest of Khodorkovsky M.B., the agreement of buyout of the shares of the Achinsk Oil Refinery was challenged in the court. Rybin Y.L., in his turn, advanced a claim against the oil company Yukos to the amount of 100 million US dollars which he earlier had invested in the development of “VNK”. According to his opinion, Rybin concluded deals without any breaches of legislation, that is why arbitration court delivered judgements in his favor.

In spite of this, the oil company Yukos refused to pay to Rybin the amount of money due to him, so, in connection with this the lawyer of Rybin Y.L. initiated the seizure if the property of ‘VNK’. Then, at the direction of the leadership of the oil company Yukos, they started, using different methods, including illegal ones, to move out assets from the balance of the company ‘VNK’.

During the period from 1998 to 1999, the financial position of the oil company Yukos, in connection with the low oil prices, was very unstable, and that forced the members of its leadership to involve a big number of foreign credits. There was no possibility to repay the debt to Rybin in full scale, and the leadership of the oil company Yukos didn’t want to restructure the debt. Meanwhile, for Rybin, the sum of the debt of ‘VNK’ to his was the question of ‘life and death’, and the question was about the ruin of his company, that is why he continued his struggle, approaching various state law enforcement agencies.

In 1998-1999, the problem of repayment of the debt to Rybin Y.L., as well as the withdrawal of assets of ‘VNK’ were regularly discussed at operative meetings conducted either by Khodorkovsky M.B., or Nevzlin L.B. At meetings, the presence of lawyers and representative of the security service was obligatory, usually, Shesopalov M.I. was present.

At the beginning of 1999, the problem of the repayment of the debt to Rybin Y.L. started to disturb Khodorkovsky M.B. very seriously, and this was connected with the leak of the lowering of oil prices. At one meeting, which was held, approximately, on January 29, 1999, Nevzlin L.B., in his presence, said that he needed a couple of months, and after that this problem would be forgotten.

First, he suggested that, behind the words of Nevzlin L.B., was hiding a resolution of the problem by, more or less, civilized methods, but then, when from mass media he learned about the attempted murder against, he understood that Nevzlin L.B. was involved in that.

In connection with the attempted murder against Rybin Y.L. numerous managing employees of the oil company Yukos were summoned to law enforcement agencies, and with each of them Nevzlin L.B. conducted a conversation and gave them instruction how to behave themselves. To him personally Nevzlin L.B. said that there was no need to be anxious with regard to the attempted murders against Rybin Y.L. as law enforcement bodies were fully under his control.

The words of Nevzlin L.B. were fully confirmed later. In several months after the second attempted murder against Rybin Y.L., Khodorkovsky gave an assignment to him and the head of the law department Aleksanyan V.G. to conduct negotiations with Rybin Y.L. on the buyout from him the shares of ‘VNK’. Moreover, Khodorkovsky M.B. explained that ‘Rybin Y.L. is to much threatened by Nevzlin and he will speak only with people who earlier didn’t exert influence on him’.

Later on, comparing statements of Nevzlin L.B. with regard to solving problems of Rybin Y.L. in two months, as well as statements of Khodorkovsky M.B. that Rybin is threatened by Nevzlin L.B., as well as other events, he came to the conclusion that the attempted murder of Rybin Y.L. had been organized specifically by Nevzlin L.B. The motive of the mentioned crimes is the initiated ny Rybin Y.L. arbitration cases on recovering the debt from the oil company Yukos to the headed by his company ‘East Petroleum Handelsgaz m.B.H’.

He knows that Nevzlin L.B. totally controlled and directed the security service of the company, even when he didn’t work in the system Menatep-Rosprom-Yukos. The head of the security service Shespopalov M.I. was to obey only to Nevzlin L.B. although he had to obey to Shalhnovsky V.A. He knows for a fact that the oil company Yukos provided considerable monetary means for working with law enforcement bodies, mass media, for ‘bribes’ to journalists, so that that didn’t let go publications that compromise the oil company Yukos and its leadership.

He refutes evidence of Nevzlin L.B. provided by him during the preliminary investigation on July 4, 2003, that he didn’t communicate with Puchugin A.V. and didn’t give him any assignment. In spite of the office hierarchy in the oil company Yukos, when, without a permission of the head of the security service Shestopalov M.I., nobody from employees could come up to the leadership. Nevzlin L.B., Pichugin A.V. communicated on an informal basis, both in office and beyond it. After launching a serious of criminal cases against officials of the oil company Yukos, from Nevzlin L.B. to his address, started to come threats with demands not to disseminate information about illegal activities of the leadership of the oil company Yukos.
(Volume No 47, pages of the file 249; volume No 76, pages of the file 122-131, 132-142)

Protocol of the viewing a videocassette pf 11.09.2006 and seen in court a videorecording with an interview of the former director on strategic planning and corporative finances of the oil company Yukos Golubovich A.D., according to which he reports about involvement of Nevzlin L.B. and Pichugin A.V. in the crimes committed against Petukhov V.A., Rybin Y.L. and other persons. He gives a sense of illegal actions of the security service of the company and criminal activities of the leadership of the oil company Yukos in the economic field. (volume No 76, pages of the file 30-51)

- Testimony of the witness Mirimskaya O.M. both during the preliminary investigation and in court, according to which she is the spouse of one of the leaders and shareholders of the oil company Yukos Golubovich A.D. For several years, she unofficially worked as assistant of Khodorkovsky M.B. and was responsible for interaction with foreign structures. She knows well one of the leaders of the oil company Yukos Nevzlin L.B. whom she characterizes as imperious, unbalanced man who places himself higher than others and inclines to solve problems with criminal means. She knows that Nevzlin L.B. held totally under his control the activities of the security service of the Oil company Yukos, that was headed by Shestopalov M.I. The latter was admitted to the position on recommendation of Nevzlin L.B., and that is why Shastopalov himself was very devoted to him and was ready to commit any criminal action for him or cover him.

She knows that Nevzlin l.B. held totally under his control the activities of the security service of the Oil company Yukos, that was headed by Shestopalov M.I. The latter was admitted to the position on recommendation of Nevzlin L.B., and that is why Shastopalov himself was very devoted to him and was ready to commit any criminal action.

After her relations and relations of her husband with Nevzlin L.B. worsened, once, when she was going in a car, an explosive device was set off, and later, in interiors of the cars used by her, they found traces of poisonous substance – quicksilver. She thinks, that behind all this stay employees of the security service of the Oil Company Yukos who acted on direction of Shestopalov M.I. and Nevzlin L.B.
(Volume No 79, pages of the file 150-156, 157-160)

- Announced and examined in court testimony during the preliminary investigation of the witness Shitov A.I., according to which he worked in the JSC ‘Tomskneft’ from 1978 to May 1998 on different positions, and his last one was deputy director on production.

He knows that the Austrian company ‘East Petroleum Habdelsgaz m.B.H’, headed by Rybin Y.L. invested money in the development of the production. After the oil company Yukos bought out the JSC ‘Tomskneft’ in February 1998, already in May 1998 he quitted the job, as the new leadership of the company made a very negative impression on him.

In his plain view, the leadership of the company under direction of Khodorkovsky M.B., for the purpose of personal enrichment, literally, ruined the production that had been created for decades. The new leadership at once unilaterally stopped functioning of all agreements on oil delivery, and that inflicted a large damage to its partners, including ‘East Petroleum Handelsgaz m.B.H’. In particular, the damage, inflicted to the company ‘East Petroleum Handelshaz m.B.H’ amounted to about 60-70 million US dollars. And one should bear in mind that the company ‘East Petroleum Handelsgaz m.B.H’ worked considerably more effective as other credit organizations with which the JSC ‘Tomskneft’ cooperated.

Rybin Y.L. started to struggle against illegal actions of the new leadership of the oil company Yukos and lodged several complaints with law enforcement bodies and with agencies of the state authority. He knows about two attempted murders committed against Rybin Y.L. what he connects specifically with the activities of Rybin Y.L. directed against illegal actions of the new leadership of the oil company Yukos. He reckons that the leaders of the oil company Yukos are implicated in the crimes committed against Rybin Y.L.
(Volume No 79, pages of the file 46-49)

- Testimony in court of the witness Skorospelov V.A., according to which, he knows that the conflict of the oil company Yukos with the company ‘East Petroleum’ headed by Rybin Y.L., were discussed among the leaders of the oil company Yukos. He, in particular, kept a watch on statement of Rybin Y.L. in mass media that inflicted considerable damage to activities of the oil company Yukos and transmitted it to the leaders of the company, including Nevzlin L.B. and Pichugin A.V.

Nevzlin L.B. had under his total control the security department of the oil company Yukos.

- Testimony in court of the witness Ivanenko V.V., according to which he knows about facts of illegal breaking of delivery agreements from the part of the oil company Yukos with regard to the Austrian company ‘East Petroleum Handelsgaz m.B.H.’ headed by Rybin Y.L. and about the conflict arisen in connection with that between Rybin Y,L, and the leadership of the oil company Yukos. Made by Rybin Y,L, disclosures of the illegal activities of the oil company Yukos and filed by him complaints in court, as well as his approach to authorities inflicted damage to the image of the oil company Yukos and caused unrest among member of the leadership of the oil company Yukos.

- Testimony in court of the witness Yevdokimov A.P., according to which, Nevzlin L.L. had under his total control the security service of the bank ‘Menatep’ and oil company Yukos, dealt with tackling issues connected with the security of the company, with any damage (moral or material) inflicted to the company, dealt also with configuring the image of the company. The leadership of the oil company Yukos, thanks to finances at its disposal, had an unlimited influence on law enforcement agencies and structures of authority.

- Announced and examined in court, in accordance with Article 281 of the Criminal Procedure Code of the Russian Federation, testimony of the witness Zolotaryov B.N., according to which he characterizes Nevzlin L.B. as an ambitious man, who considered himself higher than others, who thought through his actions far ahead. It is known to him that Nevzlin L.B. controlled activities of the security service of the oil company Yukos.

Apart from that, Nevzlin L.B. dealt with foreign policy of the oil company Yukos, that is, with creating and modeling of the image of the company, dealing with mass media, interrelations with representatives of state agencies and the government of the country.
(Volume No 7, pages of the file 14-15; volume No 8, pages of the file 2-10; volume No 78, pages of the file 20-23)

- Testimony in court of the witness Shevelev S.G., according to which he, from 1983, has been working as director of the Caucasus state nature biosphere reserve what is located on the territories of the three subjects of the Russian Federation, specifically, Krasnodor Region, Republic of Adygeya, Republic Karachay-Cherkessia.

In July 2002, at the request of representatives of the oil company Yukos, he took part in organizing of the territory of the reserve, holidays of the senior leaders of the company. There were about 12 leaders of the oil company Yukos that came to the reserve, and they stayed in a hotel on the territory of the Republic of Adygeya. Some people of the maintenance stuff also came with them, wherein, on excursions to the reserve went only members of the leadership. And the personnel waited for them at the yard of the hotel.

He personally headed touristic itineraries and excursions with the leaders of the oil company Yukos. Together with other leaders of the oil company Yukos, Puchugin A.V. also participated in the excursions, who, as he later on learned from mass media, was convicted of a criminal offence for committing a series of extremely grievous crimes. In his presence, Pichigin A.V. communicated with other leaders of the oil company Yukos on equal footing, including with Khodorkovsky M.B. and Nevzlin L.B.

- Statements of Shapiro V.V. of March 25 and 30, 2005; Reshetnokov E.V. of April 27 and May 6 and 19, 2205, according to which they report facts known to them of involvement of some persons, from among managing employees of the oil company Yukos, in committing extremely grievous crimes, and in connection with that, really fearing for their lives and health, as well as of levies and health of their close relatives, they ask to implement measures guarantying their safely.
(Volume No 65, pages of the file 23, 26, 46; volume No 66, pages of the file 133, 166; volume No 67, pages of the file 83, 93)

- Voluntary surrender of Reshetnikov E.V. of April 28 and May 6, 2005, according to which Reshetnikov volumetry reported about the crimes committed by him together with Tsigelnik (Shevtsov) G.A. in the interests of representatives of the oil company Yukos, specifically, of Nevzlin and Pichugin, including crimes against Kolesov V.L. and Rybin Y.L., he also told about the circumstances of committing this crime.
(Volume No 67, pages of the file 84-85, 87-90)

- Testimony of the witness Reshetnikov E.V., both during the preliminary investigation and in court, according to which, at the end of September – beginning of October 1998, he and his acquaintance Shevtsov (Tsigelnik) Gennady, received an order to murder the entrepreneur from Moscow Rybin Y.L. The proposal to commit the mentioned crime was made by their mutual acquaintance Goritovsky, inhabitant of the town Volgograd. The latter, as far as he knows, had received this ‘order’ for killing Rybin from representatives of the oil company Yukos, specifically, of Pichugin and Nevzlin, who had financed and provided general overall management of committing the crimes. The motive to kill Rybin was his unsettled debt obligations to the oil company Yukos.

Having received the assignment and preliminary information with regard to Rysin, he and Shevtsov (Tseigelnik), being in Moscow, were overseeing the situation at the office of Rybin and his house, they gathered information about itineraries and time of his movements. Being informed that in house No 28, on Leninsky Prospect, lived the parents of Rybin, he and Shevtsov (Tsigelnik) broke the glasses of their apartment. They reckoned that Rybin would come after that and they would use this circumstance for killing him.

At the end of 1998, at the moment when the and Shevtsov (Tsigelnik0 were in the town Volgograd, Goritovsky conveyed to them the instruction of Pichugin to commit murder of Rybin in the shortest term. On November 24, 1998, at about 4-5 p.m., he, together with Shevtsov (Tsigelnik), in the car ‘Niva’ driven by the latter, went from the town Volgograd to Moscow. They had with them: automatic handgun ‘Borz”, produced by them in their garage in the town Volgorgrad, as well as two magazines of rounds, 24 pieces in each, and a handgun PSM with a silencer – all of that they hid in a specially arranged hiding place in the car ‘Niva’.

The automatic handgun ‘Borz’ was equipped with a silencer and cartridge collector (with a packet attached to it) for shooting from closed spaces. At about 06.00 p.m. of the same day, they were in Moscow, near the office of Rybin, located on Lestev Street. Having notices that there was an office car, a black ‘Volga’, that was in use of Rybin, they started to observe the situation near the office. At about 08-09 p.m., Rybin, in his car, left the territory of the office, and he and Shevtsov (Tsigelnik) followed him. Driving after him, they reached Ydaltsov Street, and there, near one of the entrances, Rybin left his car with a chauffeur in it, and went into the house.

He continued to observe the car of Rybin, and Shevtsov (Tsigelnik), having moved their car “Niva” to a safe distance, took the weapons from the hiding place and returned to the place where he was. Shevtsov (Tsigelnik) went to observe how Rybin would be going out of entrance, and he stayed put in the hideout near a transformer box. Having seen that Rybin came up to his car, open the front door and was ready to get into it, he, with quick steps, went in the direction of Rybin, and a distance of 5-6 meters, that is, being near the trunk of the car, he fired a round from the machine-handgun ‘Borz’. After five or six shots the gun stopped functioning. It was found out later that there was a skewness in the cartridge due to construction fault.

Rybin hid himself behind the hood of the car, and then ran into the house’s entrance. Rybin’s car with a chauffeur in it, stayed there for several seconds and then moved. He waited until Rybin reached the entrance of the house, and then, at a fast pace, went to the place where Shevtsov (Tsigelnik) was waiting. The latter was controlling the surrounding situation and his backing, and at the moment of the crime, was armed with the handgun Makarov with a silencer. Shevtsov (Tsigelnik) could not shoot at Rybin, because he, Reshetnikov, was with Rybin on the same firing line. Later on, Rybin was moved too far, so there was no sense to shoot at him from the handgun.

At the moment of the crime, he had a mask on, glasses and dark clothes, and Shevtsov (Tsigelnik) also was dressed in dark sport clothes. At the time, when he and Shevysov (Tsigelnik) ran away from the scene of the event, they could be seen by Rybin’s chauffeur.

All actions, taken on 24.11.98, by him and Shevtsov (Tsigelnik) were directed at killing of Rybin. They promised to pay him and Shevtsov (Tsigelnik) 20 000 US dollars each for killing Rybin.

On November 25, 1998, on arrival in the town Volgograd, Shevtsov (Tsigelnik) reported about the event to Goritovsky, and the latter, on the next day, was summoned to Moscow. In Moscow, Goritovsky was sharply scolded by Pichugin, and because of that, he had a heart attack. Pichugin said that they had spoiled the shole thing, and a big sum of money had gone... According to the words of Goritovsky, Mr. Nevzlin was very unsatisfied and in sharp form had said about that to Pichugin, and the latter expressed this unsatisfaction to him. Goritovsky said that they ought to correct the current situation, that ism to murder Rybin. Naturally, they demanded his masters from Moscow, those who had ordered Rybin – specifically, Pichugin and Nevzlin, who gave them a chance to rehabilitate themselves in their eyes.

As the oil company Yukos is a very serious organization, they had nothing else to do as start to plan the murder of Rybin, otherwise, their lives and lives of their close relatives would be in danger. He and Shevstov (Tsigelnik) rushed to commit murder against Rybin, as, during the time of observation of his house and his movements in the community Nikolo-Khovankoye in the Moscow Region, the car ‘Niva’, in which they had been sitting, was checked by police offices. Shevtsov (Tsigelnik) presented a certificate of an office of the Federal Security Service (FSB) of Russian, and because of that, the police officers didn’t check the car.

At the end of 1998 – beginning of 1999, they several times went to Moscow and continued to collect information about Rybin. Thanks to observation, they found out that Rybin had changed the itinerary of his movements from his house in the village Nikolo-Khovanskoyre. Earlier, he went across a little bridge, passed by a military post, and reached Leninsky Prospekt. Later, he started to use an encircling route through the Khovanskoye cemetery to the same Prospect or to Profsoyuznaya Street.

The observation was made for a prolonged period of time, and the reason was that Rybins guard worked properly, it was impossible to come up to him and to shoot, and, which is the main thing, to go after it. In fact, it was very difficult to leave the place of crime, especially in the city, where Rybin’s office was located, on Lestyeva Street in Moscow. That is why they were picking a place where it would be more convenient to commit a murder. They planned to kill Rybin using a precision rifle. To do this, he, together with Shevtsov (Tsigelnik) got into a dacha house located near Rybin’s home. There was a little padlock on the door that they carefully took off and then hanged back. They prepared the attic, by making a sawing in the wall, in order to pull off two wooden plates in order to have a comfortable effective field of fire. The sector they checked The sector of fire they examined with the help of pocket laser light. Because of a skewed angle and high fence, they decided not to shoot.

On March 1, 1999, they observed the movements of Rybin. According to the results of the observation, they came to the conclusion that Rybin was driven only in a ‘Volga’ car of black color. Only one such car moved along this itinerary, and it was impossible to confuse it with another vehicles. Rybin was always followed by two bodyguards.

In the morning, on March 5, 1999, Rybin, as usual, drove out of his house, located in the village Nikolo-Khovanskoye to the place of his work. This circumstance he controlled personally by way of observing from the top of the old dump near the road. He, together with Shevtsov (Tsigelnik) went to Rybin’s office, and, having seen Rybin’s car on the territory of the office, they made sure that he was in his office.

In advance, on the earth-road, on the itinerary of the movement of Rybin’s car, they put an explosive device. They dug up two holes, put a metallic object at the bottom to made it more robust, put explosives in a plastic bag in powder form and put it in these little holes, approximately one kilogram in each. In one of the holes, because of the lack of triton, they put a grenade F-1 without fuse. The surface and the holes they whelmed with ground and beat down. They put outside wires of the electro-detonator, which were connected with the TNT blocks. The central wire, a usual electric cable, they dragged in the pit on the roadside. Current supply was made by several bounded square batteries. On put of them, they put a connect – a usual door bell.

In the evening of the same day, while waiting for the arrival of Rybin, Shevtsov (Tsigelnik) took a position in a pit of the roadside, and he took a position of an observer a bit further, as the car would be coming from the side of Moscow, so he was to give a signal to Shevtsov (Tsigelnik) . They were armed with two assault-rifles AK-74, caliber 5.45 mm, they had also two magazines each, both with tracer ammunition rounds and usual ones. They also had frag grenades F-1, two pieces each, and portable radio sets for communication among them. They were dressed in white hunter camouflage clocks.

At about 09.00 p.m. or 09.30 p.m., the car ‘Volga’ emerged that was moving with middle speed, as usual. Having seen that the car was passing by and having ascertained that there were two persons on the back seat, he (Reshetnikov), via radio, gave a command to Shevtsov (Tsigelnik): ‘The client is on place, sits in the car!’ When the car arrived at the place where the explosive device was places, it had to pass another car that was moving in the opposite direction. Rybin’s car applied the brakes, and at that moment the explosion went off. When the car was making a turn, the speed was minimal, that is why two explosive devices went off under the car’s body, and after that the car gave a lurch and landed on the side. It was Shevtsov (Tsigelnik) who pressed the button, and after that he was to soot from a grenade launcher RPG-17 ‘Mukha’ (Fly), but the launcher failed to fire. Shevtsov pressed the button two times, but nothing happened. He thought that Shevtsov (Tsigelnik) was leaving the scene of the crime, as it had been agreed upon earlier, and he himself made several steps in order to leave the scene of the crime.

At this moment, he heard shots, first from a handgun, and then two submachine rounds. He understood, that a fight was going on. He came on the road and started to get closer to the exploded car. When the distance was about 50-60 meters, he saw that a bodyguard was shooting in the direction of Shevtsov (Tsigelnik). To cover Shevtsov (Tsigelnik), he himself opened fire at the bodyguard. He used all his magazine of 40 rounds, he exchanged it with a second one with 30 rounds. From the side of the bodyguard there were no more shots.

When the fire was stopped, he came up to the car and looked around. Inside the car, everything was black from soot, the glasses were broken, there was a hole in the bonnet, and in the middle of the car’s body there was another hole of 40-50 cm, there were still about 10-15 rounds in the magazine. Having examined the car, he shot a round at the interior. One of the bodyguards, who managed to get out of the car, was alive. He was running off along the road and they didn’t follow him.

While leaving the scene of the crime, he and Shevtrsov (Tsigelnik) threw away their automatic assault rifles, radio stations, magazines, camouflage robes and gloves. The events near the car lasted for only five minutes, so they had time for withdrawal. On the next day, they learned that they didn’t achieve anything. as Rybin was not in the car. The information came from a TV program. The explosion of the car and the shootings were made in order to kill Rybin, and, moreover, they understood, that other people could also suffer, specifically, two bodyguards and a driver. For committing these crimes, they received 10 000 US dollars each. To him the money was given by Shevtsov, and he had received it from Goritovsky. Goritovsky was a middle man between them and the leadership of the oil company Yukos. First, information about Rybin was received from employees of the oil company Yukos. Later on, Pichugin called Goritovsly and made corrections, provided additional information, and Goritovsky passed it to Shevtsov (Tsigelnik). The crime was being committed in the interests of the oil company Yukos, its leadership, specifically, Nevzlin and Pichugin, from whom came financing for preparing and carrying out of the murder of Rybin.

During the current court session, Reshetnikov said that, at the beginning of March, 1999, at 02-04 p.m., near the hotel ‘Salyut, he and Tsigelnik were in the car ‘Niva’, and there came also a SUV with Shapiro and Goritovsky, and then arrived a ‘Volga’ in which were Gorin, Pichugin and Nervzlin, they spoke with Goritovsky and Shapiro, they said that, in case we don’t get rid of Rybin, our heads will be severed.
(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 examination of evidence on the scene with participation of Reshetnikov Y.V., in presence of attesting witnesses, showed the location of places domicile and work of Rybin Y.L., place of domicile of his parents, scene of the committed crime against Rybin Y.L. on 05.03.1999, place of the assault and withdrawal from the scene of the committed crime in accordance with his previous evidence; a photoboard to the protocol of the mentioned scene of the investigative action.
(Volume No 80, pages of the file 3-32)

- Statement of Tsigelnik (Shevtsov) G.A. of May 5 and 11, 1999, with supplement, according to which he sincerely admits his participation in the crimes against Petukhov V.A., Rybin Y.L., Kolesov V.L., committed on the order and in interests of the oil company Yukos, and tells about the financing of this 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 G.A., according to which, in August 1998, Goritovsky called him and invided him to his place. When he came to Goritovsky, Shapiro was already there. According to the words of Shapiro, they had been in Moscow recently where they had with representatives of the oil company Yukos, and among them had been Pichugin and Nevzlin. The purpose of this meeting was organizing the murder of Rybin. Shapiro and Goritovsky proposed him to commit the murder of Rybin calling the latter a businessman from Moscow, who was not ready for any concessions and didn’t want to return to the oil company Yukos 100 million US dollars.

Shapiro and Goritovsky warned him that he and Reshetnikov knew too much, and in connection with that, they themselves could be killed and that representatives of the oil company Yukos would bot let them go like that. Apart from that, they promised to him and Reshetnikov 20 000 US dollars each for fulfilling the order. They had no other way out, so he and Reshetnikov agreed. Having received for expenses 10 000 US dollars, they gave 3000 each to their families and the rest took with them to Moscow.

In September 1998, he and Reshetnikov came to Moscow, having received earlier from Shapiro information about the location of Rybin’s office and the description of appearance of the latter. According to information at their disposal, the company headed by Rybin, changed its location, and, as they later learned, moved to another location at the address Lestev Street in Moscow. Having received instructions through Gorin and Goritovsky from Pichugin about the necessity to stalk Rysin, during the perion from the end of September to November 1998, he and Reshetnikov observed Rybin, collected information about his itineraries and time of his movements. They knew that in the house No 26 on Leninsky Prospect lived Rybin’s parents, he and Reshetnikov broke glasses of their apartment, reckoning that Rybin would come and they would use this fact for his murder in the future.

On November 24, about 7.00 p.m., Rybin in his office car ‘Volga’ driven by a chauffeur, left the territory of the office, and he and Reshetnikov followed him. Escorting the car with Rybin in it, they came to Udaltsova Street, and there, near an entrance of one of the houses, Rybin left the car with the chauffeur and came into the house. Having dropped Reshetnikov, he drove away and left the car not far from the mentioned house. From the car, he took the handgun with a silencer, and for Reshetnikov he took the machine gun ‘Borz’. Also equipped with a silencer. Reshetnikov took a position and was waiting for Rybin, and he walked away a bit in the direction of a building in construction, where he hid himself on a stairwell landing leading to the basement.

When Rybin came out from the entrance of the house and walked to the car that was waiting for him, Reshetnikov came closer to him. At the moment, when Rybin started to open the door of the car, Reshetnikov lifted his package, with the assault rifle in it, and shot at Rybin.

Suddenly, Reshentikov turned around and walked back, and Rybin, having seen that he was going away, recollected himself and ran into the entrance of the house. Rybin’s car, in which was his chauffeur, drove away at once after that. He caught up with Reshetnikov and with him he walked to their car. Already in the car, Reshetnikov explained his failure saying that his assault rifle was blocked, and he could not hit Rybin with the first round.

On the next day, in Volgograd, they reported to Goritovsky about everything. The latter bawled him out reckoning that they had chosen a wrong place for killing Rybin, as in the house, near which the crime had been committed, there was an office of some man (Filimonov), and he was the only person could have known about Rybin’s coming. All actions of him and Reshetnikov were directed at killing of Rybin. He knows that representatives of the oil company Yukos, members of its leadership Pichugin and Nevzlin, were interested in Rybins murder.

After the first failed attempted murder against Rybin, that took place November 24, 1998, he and Reshetnikov came to the town Volgograd and wanted to refuse of further actions directed at committing of this crime. After a while, Goritovsky and Shapiro came to them and started to demand that they should bring to the end this matter. Moreover, they threatened said they representatives of the oil company Yukos, specifically, Gorin, Pichugin and Nerzlin, in case they would not accomplish their assignment, would revenge upon them and their families.

After that, they were forced to go back to Moscow, where they continued to keep under surveillance Rybin in order to take away his life. Surveillance was conducted near his office. In connection with the fact that the territory around the office was visible from all directions, they refuse to commit this crime in this district, and they informed Gorin about that. Gorin, in his turn, referring to information received directly from Pichugin, said that Rybin had a dacha, located outside Moscow, behind the belt highway. At the behest of Pichugin, they continued to follow Rybin and learned the place of domicile of Rybin in the village Nikolo-Khovanskoye of the Moscow Region. During the surveillance, that got the impression that someone had warned Rybin, as he, doe two weeks, had appeared in his usual places. Sometime later, Rybin reappeared. That said, he started to use different itineraries.

In the attic of a garden house located near Rybin’s house, they prepared an observation station, they broke a plate and through a hole in the wall they started to follow Rybins movements. From the attic, having defined the sector of fire with the help of a portable laser, they were preparing to shoot at Rybin from a sniper rifle, equipped with the optics that Goritovsky had given them. Because the visibility was bad, bushes and trees were obstacles, there was too little time to aim at a moving target. Having no experience of shooting at a movable target, he and Reshetnikov decided to refuse of this variant and returned to the town Volgograd.

In the last third of February 1999, Goritovsky came to him and demanded to go to Moscow at once and to continue to deal with Rybin, and they did it. One of the places of surveillance became a place located near the crematorium on the side of the turn to the Nikolo-Khovanskoye Cemetery. The came to the conclusion through surveillance that Rybin drove out of the house, passed the cemetery and drove to the crematorium. In two days, police officers found them in this place, but they presented them certificates of officers of the Russian security service FSB on their names. After that, the policemen stopped to check them. However, they out down his data and the registration number of the car, and after that drove away. About the police control they reported to Shapiro and Goritovsky. He heard about the conversation between Shapiro and Gorin over telephone, during which Gorin had said that leaders of the company Yukos, in the person of Pichugion, decided to touch off for a while and ordered them to wait.

In March, Goritovsky called and asked to come urgently in Moscow and explained that they had called from the company Yukos and had demanded to fulfill the order on Rybin without delay. On March 1 or 2, 1999, he, together with Reshetnikov, came to Moscow, and there, on place, resumed to surveillance of Rybin. Earlier, in particular, in February 1999, he, together with Reshetnikov, had prepared a little hole of the itinerary of Rybin’s auto, and had pulled out a cable there, with the length of about 30 meters, and had covered it under the snow. As the ordering customers demanded that the murder of Rybin be committed before March 8, they started to push forward. On the preciously chosen place, they dug two holes, in which they put explosives in two packets, 1.5 kilos in each. The explosives in powder form, Goritovsky got at some mine shaft. Apart from that, they had two TNT demolition slabs and two grenades F-1.

Together with Reshetnikov, he put the explosives into two prepared shell holes, backfilled it with ground and pummeled. Havin connected the cable with detonators, they pulled it in a pit near the road. The explosion was to go off by applying the voltage from the specially made battery. They were prepared for action, and received the instruction to wait for the order directly from the leadership of the oil company Yukos, specifically, from Nevzlin and Pichugin as to at what date the crime should be committed.

On March 5, 1999, Goritovsky called and asked to come to the hotel in which he stayed together with Shapiro. Havin arrives to the hotel with Reshetnikov, they, on internal phone, called Goritovsky. The latter asked to wait for him near the entrance. Shapiro’s SUV, blue ‘Hyundai Galloper’ was parked not farl, at the turn to the hotel, on the left side. About 18.00 o’clock, to the jeep with Goritovsky and Shapiro in it, three men, on a white ‘Volga’, drew up and then mounted to the SUV. Having talked for about 15-20 minutes, the three men drove away. From the three men that came on ‘Volga’, he recognized Sergey Gorin. With the latter were also Pichugin and Nevzlin, whom he visually recognized later on. He didn’t meet them before that, as there had been no communication between them, and all their instructions had been transmitted through Gorin and Shapiro.

After departure of Gorin, Nevzlin and Pichugin, Goritovsky and Shapiro transferred the order to commit the crime that very day, as Rybin would leave his office and would be headed home at about 07-09 p.m. apart from that, Goritovsky and Shapiro explained that the mentioned information, as well as the order to kill Rybin, had come directly from Pichugin and Nevzlin on that very day.

Having received the instruction, he and Reshetnikov went to the pedestrian crossing across the Belt Road, located between Profsoyuznaya Street and Leninsky Prospect. This crossing is located not far from the place where the explosives devices were laid. At about 07-08 p.m., he came up to the place of the backfilling, and took position bear the ‘button’ activating the explosives., and Reshetnikov was hiding behind a standing shield a bit far on the line of the movement of Rybin’s car. Reshetnikov had an assault rifle, a grenade and a portable transmitter, and he (Tsigelnik), had an assault rifle, grenade, portable radio set and grenade launcher. Ammunition and explosives were transported by him from the town Volgograd, where he had personally received them from Goritovsky.

According to the plan, they were, first, to blow the car, and then make shot at it from a grenade launcher, and after that, to leave the scene of the committed crime and meet near the pedestrian crossing. At the moment when Rybin’s car ‘Volga’ appeared (about this Reshetnikov informed him in advance via radio transmitter, he was ready to press the button. At the moment, when Rybin’s car came up to the place (to the turn), it had to let pass a car moving in the opposite direction. At the moment, when Rybin’s car came up to the place of the laid explosives, he pressed the button. A low explosion sounded. The car turned on its back. He took the grenade launcher, tried to fire a shot at the car, but the grenade launcher failed, and he threw it away. A bodyguard in the car noticed him and started to shoot. He returned the fire at the car. A shoot-out occurred. In a moment, Reshetnikov, having heard the shots, came up to help him. By shots, they tried to cut off the bodyguards in order to get to the car. He leered one magazine, inserted the other and at that moment Reshetnikov came running, and they started to shoot together. He saw that one of the guards ran in the direction of Rybin’s house. Having seen that he ran away, they came up to the car.

The second bodyguard was laying not far from the car, but they didn’t come up to him, there was no need for that. They shot the rest of the rounds at the car and then started to move away. From the car came moaning or cursing. Reshetnikov, who was closer to the car, threw a grenade inside the car, and after that they left the scene of the crime.

On their way, that got rid of portable transmitters and assault rifles, and the camouflage robes they dropped near a military post. Having reached the car, they went to the hotel ‘Salyut’ located on Leninsky Prospect in Moscow, and from there he called Goritovsky and Shapiro whom he told about what had happened. The latter, having heard him and Reshetnikov, demanded that they should go to the town Volgograd. In the morning, being in Volgograd, from a TV program, it became known to him that Rybin had not been in the car at the moment of the shooting. The explosion of the car, shots at the car they made with the purpose to kill Rybin, as they had received a clear order from representatives of the oil company Yukos. Moreover, they understood that from their action could suffer other people, it means, Rysins bodyguards and his chauffeur.

Later on, he was arrested, but not indicted, as opposed to Reshetnikov, who was accused of committing the first attempted murder against Rybin. After his discharge, Goritovsky gave him money as remuneration for the silence.

Nevertheless, Goritovsky and Shapiro demanded to carry out the order with regard to Rybin. He personally met with Gorin several times, who, threatening him with Pichugin and Nevzlin, demanded to kill Rybin, and also explained that peoples from the oil company Yukos were ready to pay more. Apart from that, Gorin proposed to introduce him to a brigade from the town Tambov, headed by the former police officer Smirnov, in case that some help would be needed in fulfilling the ‘order’ on Rybin.

In 2001, while meeting with Goritovsky, the latter told that he had visited Gorin in December, before the New Year, and he (Gorin), in his turn, had visited Khodorkovsky’s father in the suburbs of Moscow. Gorin had demanded money for carrying out the ‘order’ on Rybin, said that he had had no money and they everybody had refused to pay. Soon after that, Puchugin came to Gorin and brought 60 000 US dollars, 10 000 out of which he gave to Goritovsky. Pichugin started to tangle with Gorin, and he was outraged that he had gone to Khodorkovsky’s father, thus jumping over his head. That was the reason of a scandal between them. Pichugin brought money to Gorin, and also Rybin’s address in Vienna, Austria. Pichugin said that the ‘order’ on Rybin should be fulfilled in Vienna, as, at the beginning of 2002, Rybin would have a court session there with the oil company Yukos, with the reason being the disputable 100 000 000 US dollars. The condition was formulated – Rybin should not return from there, and for that the money and Rybin’s address were brought.

Gorin gave Goritovsky 10 000 US dollars for expenses. Goritovsky saif that he had tried to find Shapiro, but had not found him, he had proposed to him (Tsigelnik) to go with him, but he had refused, and the same he had recommended Goritovsky to do. After the new 2002, Goritivsky came to Gorin and refused to commit the murder, but didn’t give the money back. Gorin started to threaten Goritivsky with Pichugin and Nevzlin, said that these people held everything under their control and that Rybin whould not return from Aistria. Gorin explained that it would be a serious scandal and that people from the oil company Yukos wouldn’t let along neither him, not Goritovsky.

Soon after that conversation, he (Tsigelnik) went to Kiev where he lived, as, to be more precise, was hiding from police and representatives of Yukos. Later on, he learned that Gorin and Goritovsky were killed. All crimes have been committed by him under influence and pressure from the middlemen – Goritovsky, Shapiro, Gorin and, directly, employees of the oil company Yukos Pichugin and Nevzlin. The latter, among other things, financed all the committed crimes; murder of Petukhov, attempted murder of Rybin, Kolesov.

He repented of all his deeds. Earlier, he provided evidence not corresponding to reality because he was afraid of employees of the oil company Yukos – of Nevzlin, Pichugin and other persons involved in these crimes.
(Мolume No 65, pages of the file 82-111, 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 156-162; volume No 80, pages of the file 42-83, 84-105)

In spite of the fact that during the current court session Tsigelnik G.A., interrogated as a witness, refused of his testimony at the preliminary investigation, relating to the role of Pichugin and Nevzlin in organizing these crimes, saying that this testimony was given under pressure from investigators, the court holds veracious the above mentioned evidence of Tsigelnik G.A., given repeatedly to different investigators, as this evidence are in keeping with each other and with evidence of Reshetnikov, Shapiro, affected Rybin and other witnesses, as well as they are corroborated of the proofs examined in court:

- Protocol of examination of evidence on the spot with participation with Tsigelnik G.A.; photoboard, according to which Tsigelnik, in presence of attesting witnesses, showed the place of the committed crime against Rybin Y.L., specifically, the surrounding territory of the house 40, Udaltsova Street, Moscow, the scene of the assault and withdrawal from the scene of the event, and recreated the circumstances of the committed crime in accordance with given by his earlier testimony.
(Volume No 60, pages of the file 84-100)

- Protocol of examination of evidence on the scene with participation of Tsigelnik G.A., according to which, Tsigelnik, in presence of attesting witnesses, showed the location of Rybin’s places of domicile and work, place of domicile of his parents, place of the committed crime against Rybin Y.L. on 05.03.1999, ; place of the assault and withdrawal from the scene of the event, recreated the circumstances of the committed crime in accordance with evidence provided by him earlier; photoboard to the protocol of the mentioned investigative action.

- Viewed in court the videorecording if the interrogation of Tsigelnik G.A. during the preliminary investigation, from which it becomes evident that he voluntarily, consistently and in detail tells about the circumstances of the committed by him crimes and repeatedly names their organizers – Pichugin and Nevzlin.

- Testimony of the witness Shapiro V.V., both during the preliminary investigation and in court, according to which he knows about the creation by his acquaintance Goritovsky Vladimir, living in the town Volgograd, a criminal group, which dealt with organizing and carrying out of murders. This group was composed of inhabitants of the town Volgograd Reshatnikov and Shevtsov (Tsigelnik). Orders Goritivsky, Shevtsov (Tsigelnik) and Reshetnikov were receiving from Gorin, who, in his turn, acted in the interests and at the behest of representatives of the company Yukos, specifically, Pichugin and Nevzlin.

In 1998, Gorin proposed to commit a murder of an employee of a certain financial company by the name Rybin. Moreover, Gorin presented with regard to Rybin all information, received by him from the security service of the oil company Yukos, specifically: photos, addresses of the domicile and work, time of movement. Goritovsky selected the executors for this crime – Tsigelnik and Reshetnikov.

In November 1998, in the evening, in Moscow, Reshetnikov and Tsigelnik made and assault on Rybin. One of them shot at Rybin from an assault rifle, nut missed. That is why the crimes was not fulfilled to the end. Later on, he was present during a conversation between Goritovsky and Tsigelnik, when the latter explained the reasons of this failure.

Tsigelnik with Reshetnikov chose a wrong position for shooting at Rybin. Reshetnikov made several rounds, then something happened to his assault rifle, and the shooting ended, and Tsigelnik could not open fire, and his partner was on the line. Rybin ran into the entrance of the house, and his chauffeur immediately drove away from the scene of the event. That is why Reshetnikov and Tsigelnik fled without accomplishing the crime.

Because of that, they got problems with Gorin, as part of the money had been paid to them. Gorin voiced demands to Reshetnikov and Tsigelnik, but not in his name, but in the names of Pichugin and Nervzlin. Apart from that, he knows for a fact that Nevzlin himself voices his demands to Goritovsky’s group, as had not committed the killing of Rybin, in spite of the fact, that that a certain sum of money had been paid to them.

He personally, several times, transmitted money on account of payments, for committing and organizing the crimes, from Gorin to Goritovsky, Tsigelnik and Reshetnikov. Gorin were receiving instructions, information pertaining to persons against whom crimes had to be vomited, as well as money from the the mentioned representatives of the oil company Yukos. After failed attempted murder of Rybin, that took place on November 24, 1998, fulfilling the instructions of Pichugin and Nevzlin, Goring demanded from Goritovsky that the killing of Rybin should be committed by Tsigelnik and Reshatnikov at any price. Moreover, a precise date was set – until March 8, 1999.

Tsigelnik and Reshetnikov agreed to fulfill the assignment and started the preparation for that. Tsigelnim and Reshetnikov continued to observe Rybin. The whole way from the office to the house of Rybin was measured ‘in seconds.’ It was found out who much time he spent on his wat to the office, how many cars he used, what were actions of his guard and quantity of bodyguards., that is, to the information about Rybin, received from the security service of the oil company Yukos, data were added received by Tsigelnik and Reshetnikov.

As one of the variants, a plan of killing Rybin was being drown up to murder Rybin from a shot of a sniper rifle. For that purpose, Gorin, at the request of Tsigelnik and Reshetnikov, specially provided extra money. The precision rifle was bought by Tsigelnik and Reshetnikov.

From the words of Goritovsky, it is known to him that there was a plan to kill Rybin by a shot from a sniper rifle. For that purpose, Rybin was surveilled from the antic of one of the neighboring houses. Tsigelnik personally told him that the distance to the target was 200-300 meters and that from such a distance it was possible to ‘hit the squirrel in the eye.’ However, for some reasons, it was impossible to make a shot, and they had to leave the rifle at the surveillance spot.

On insistence of Gorin, before the second attempted murder of Rybin, a snow machine was bought. Gorin explained that, in winter, it’s easier to leave from a scene of the event on a snow machine. Tsigelnik and Reshetnikov tried this snow machine, but refuse to use it, as it didn’t fit into drawn up by them plan to kill him. The snow machine Gorin took for himself, it was in the backyard of his house in the town Tambov.

Apart from that, Goritovsky, Tsigelnik and Reshetnikov were buying weapons, and some automatic rifle was made personally by Reshetnikov. It is known to him that in the earth-road on the itinerary of Rybin’s car to his house, an explosive device was put. He personally heard them talking that a cabled mise was being prepared that could be activated from a certain distance.

From the words of Tsigelnik and Reshetnikov, it is also known to him that, when they were observing Rybin’s house in the village Nuikolo-Khovanskoye, police offices checked their documents, whom they presented false certificates of offices of the Russian security service FSB. His participation in this crime was limited, he only handed over personally from Gorin to Goritovsky money for the preparation of the crime or instructions. Gorin, in his turn, said that he received instruction from Pichugin and Nevzlin.

During preparation of the crimes. They and Goritovsky stayed in hotels, and one of them was located on Leninsky Prospect in Moscow. With Tsigelnik they communicated via telephone. Personal meetings were carried out ‘in dark backyards’ where Goritovsky communicated mainly with Tsigelnik. Apart from Gorin, nobody trusted him, especially Tsigelnik. At meetings, he was obligatory searched so that he had no recording devices on him. Gorin, in his turn, didn’t trust Tsigelnik, voiced demands to Gotitovsky about that, who, in his turn, fully trusted Tsigelnik.

On March 5, 1999, Tsigelnik and Reshetnikov committed an attempted murder against Rybin not fat from this house in the village Nikolo-Khovanskoye in the Moscow Region. It means, they shot him and blew his car, shot from fire arms the car that was in possession of Rybin. He personally was present when Tsigelnik and Reshetnikov were reporting to Goritovsky and Gorin about actions directed at killing Rybin.

Tsigelnik and Reshetnikov met Rybin when he drove out of the territory of his office. The saw him getting in the car, they saw that was his guard like, how he left the office, then they outmarched him and arrived to the place where the explosive device had been put and took positions that were prepared in advance. They were armed with automatic rifles, grenades, and, apart from that, they had radio transmitters with jamming the sound of communication. When Rybin’s came close, they set off the explosive device. The car exploded and turned on its back. Bodyguards sprang out and a shooting began. Tsigelnik said that he personally come up to the car and threw a grenade into the interior of it. Then they fled from the scene of the event.

Later on, in became known that Rybin was not in that car, thus they could not kill him. From the leadership of the oil company Yukos, Nevzlin and Pichugin dealt with organizing the killing of Rybin. The overall management was performed by Nevzlin. The money for financing of this crime, for preparation of it, for payment to the executors of the crime, came from Nevzlin to Pichugin, then to Gorin, and the latter decided whom and how much to give.

Goritovsky, Tsigelnik, Reshetnikov, apart from receiving monetary remuneration, didn’t have any other interests from this crime. Gorin kept for himself par of the money provided for crimes, and, apart from that, he was trying to take some job in the oil company Yukos. He thinks that Gorin had friendly relations with Nevzlin, Pichugin and Khodorkovsky, as he often and much told about them, saying that they were very much indebted to him, but he, in his turn, reckoned on their help.

He knows for a fact that the crimes committed against Korneyeva, Petukhov, Rybin, Kolesov, was beneficial to the whole leadership of the oil company Yukos and bank ‘Menatep’. But from among of these persons, he knows only to – Nevzlin and Pichugin, it means, those persons that directly dealt with organizing and financing of these crimes.

In this particular court session, Shapiro reaffirmed that on one of the days in March, they with Goritovsky were sitting in his SUV near the hotel ‘Salyut’, where the car ‘Volga’ drove, out of it came Gorin. Pichugin and one other man, they got in their car, he (Shapiro) got out, they spoke with Goritovsky and drove away, and, from the words of the latter, he learned that it was Nevzlin and that if they would not kill Rybin, their head would be cut off. On this day, the second attempted murder against Rybin was carried out.
(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)

- Protocol of the person-to-person confrontation between Tsogelnik G.A. and Shapiro V.V. according to which the latter confirmed his earlier evidence about his and Tsigelnik’s involvement in committing crimes against Kolesov V.L., Rybin Y.L.,and Petukhov V.A.
(Volume No 66, pages of the file 109-131)

- Statement of Ovsyannikov M.V. of 23.11.2004, in which he reports about the pressure exerted on him by the defense lawyer Smirnov A.M. when he tried to induce him not to present the information known to him about the connections of Gorin S.V. with Pichugin A.V. and Nevzlin L.B., his work in the interest of the mentioned persons.

The use by Gorin during talks with Nevzlin and Pichugin special means in order to blackmail them in the future. Acquisition by Gorin weapons and explosives.
(Volume No 15, pages of the file 139, 141-144)

- Testimony of the witness Ovsyannikov M.V., both during the preliminary investigation and in court, according to which he, in the winter of 1998-1999, drove to Moscow from the town Tambov Gorin, Shapiro and another two men from the town Volgograd, this happened when the car ‘Volga’ driven by Shapiro, was broken, and all men git into driven by him car VAZ-21099. One of the men was Granitovsky, he heard other referring to him and use that name.

On one of the days, during the period mentioned before, he, in the apartment rented by Gorin in the town Vidnoye, saw Shapiro and Gorin talking to each other. In the room, where the Gorings slept – Sergey and Olga – he noticed a bag of black color, on which was laying the sub-machinegun ‘Uzi’. Inside the bag there was another -sub-machinegun and a grenade of the type ‘RGD’. Until the arrival of Shapiro, there was no such bag in the room. From this he made a conclusion that Shapito had brought it from Goritovsky.
(Volume No 1, pages of the file 247-251; volume No 15, pages of the file 59-70, 107-117, 118-128, 129-135, 141-144, 170-181, 195-197; volume No 70, pages of the file 107-110)

- Testimony of the witness Smirnov O.M. during the preliminary investigation and in court, according to which he knows about a prolonged acquaintance between Gorin Sergey with Pichugin Alexey, who held one of the managing positions in the oil company Yukos. From the words of Gorin he knows for a fact that he was dealing with organizing of killings of persons undesirable for the company, and also, he did a lot for the company Yukos and for Pichugin personally.

Apart from that, from the words of Gorin, he knows that he was dealing with organizing of two attempted murders against a businessman by the name Rybin. The first and the second attempted murders were committed by men from the town Volgograd, one of them was called Gennady Tsigelnik and the second was later on recognized by Rybin, it was Reshetnikov who was found guilty and sentenced to imprisonment.

During the first attempted murder Rybin was coming out of the house of his acquaintanc , and at that moment shots were made at him from a sum-machinegun by a man from Volgograd (Reshetnikov), as a bag was attached to the weapon to collect cartridges, the bolt was blocked, the sub-machinegun became unfunctional, and that saved the life of Rybin. Yet, the crime against Rybin was to be conducted to the end. Tsigelnik continued preparation for the killing. It was planned to kill Rybin from a sniper rifle, but due to some reasons, they dropped this plan.

Then, on the way home of Rybin’s car, an explosive device was laid, and then it was planned to shoot at the car from sub-machineguns. Gorin even purchased a snow machine for withdrawal from the scene of the crime, but them they refused of this plan. Later on, Tsigelnik and the second man (Reshetnikov) carried out an attempted murder against Rybin, by blowing an explosive device and shooting at his car from sub-machineguns. Rybin was not in the car at that moment.

Tsigelnik and the second man Reshetnikov were tracked down by police officers, because they, somewhere near the scene of the crime, presented false certificates of officers of the Russian security service FSB on their names. Tsigelnik managed to weasel his way out of it, and the second man was sentenced.

He knows that it was planned to organize another attempted murder against Rybin in Austria where he had an office. Gorin received for that purpose from Pichugin 40 000 US dollars. For the first two attempted murders Gorin paid to the executors with money received from Pichigin.
(Volume No 1, pages of the file 26-27, 254-258; volumes 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 114-157)

- Legal statement of Peshkun A.V. of July 12 and 19, 2004, to the Moscow City Court, according to which Pichugin and his boss Nevzlin are involved in organizing the attempted murders against Kostina, Kolesov, Rybin and in the killings of the Gorins.

(volume No 60, pages of the file 19, 23-24)

- Testimony of the witness Peshkun A.V., both during the preliminary investigation and in court, according to which his assertions about the involvement of Pichugin and Nevzlin, in the capacity of organizers of attempted murders against Kostina, Kolesov, Rybin and of murders of the Gorins, Sergey and Olga, are based on reliable information, received from Gorin S.V.

In speaking with him, Gorin repeatedly said that not only Pichugin is the organizers of the crimes, specifically of the attempted murders against Rybin, Kostina and Kolesov, but there is another, mode powerful organizer – Nevzlin. The first talk about the involvement of Nevzlin in the mentioned crimes took place with Gorin in, approximately, 1999, when Gorin, being in Moscow on the Sakharov Prospect, near the bank ‘Menatep’.

Gorin came out of the premises of the bank and was waiting for someone. The conversation turned on executors of the ‘orders’ with regard to Kolesov and Kostina. It was at that moment that Gorin for the first time said that behind all these crimes stood not only Pichugin, but also the main organizer – Nevzlin. From the words of Gorin, he knows that Pichugin handed over money thus executing the will of Nevzlin. In particular, Gorin connected the name of Nevzlin to the attempted murders against Koilesov, Kostina, Rybin. He asserts that Gorin received money from Pichugin for organizing the murder of Rybin.

So, in 1999, he and Gorin came to Moscow. Gorin went of the Moscow Youth Palace (MDM) for a meeting with Pichugin. He, at that moment, went in a shop located near the MDM and there he saw on TV a criminal news about events, and from this news he understood that a car had been blown on a road in the suburb of Moscow. An interview was shown with a man who said that he, accidentally, had not got in this car, and innocent people had suffered. On this day, Gorin received from Pichugin money, and this happened in the Moscow Youth Palace, where they met.

From the news report he understood that the name of the man whom they tried to blow was Rybin. When Gorin returned from Pichugin, he had money with him, that was in a black bag, according to Gorin, there were on the whole 100 000 US dollars. He told Gorin about what he had seen on TV. He, first, wanted to do back to the Palace and to talk to Pichugin, but then thought better of it.

From the words of Gorin, he knows that these 100 000 US dollars he received from Pichugin specifically for organizing the killing of Rybin. And after it became clear that Rybin was alive, Gorin started to have conflicts with Pichugin, Pichugin pressed Gorin, as he took money and promised to close the deal with regard to killing Rybin. According to Gorin, it was so that not they owned him money but he owned them. From the words of Pichugin, the money doe murder orders he borrowed, and now, as the orders are not completed, he had to bring the money back.

Rybin didn’t satisfied Nevzlin as head of some enterprise connected with oil. There was a need to substitute Rybin for a yes-man, and specifically with this purpose they tried to kill Rybin.

He knows that in the town Volgograd lives an acquaintance von Gorin – Shapiro and some acquaintance bt the name of ‘Hena’ Tsigelnik. He was present several times at talks between Gorin and ‘Gena’ Tsigelnik. They agreed about their meetings, but these were short meetings and Gorin didn’t answer clarifying questions. Earlier, during the preliminary investigation, he didn’t provide evidence pertaining to involvement of Nevzlin in organizing killings because he was afraid for his life and health, and life and health of this close relatives.
(Volume No 60, pages of the file 29042; volume No 41, pages of the file 33-64)

- Testimony in court of the affected Ivanov A.A., according to which, he worked as a police officer and together with his partner Filippov Y.L. he was drawing duty to guarantee the safety of the citizen Rybin Y.L. who is the managing director of the company ‘East Petroleum’. Rybin always maintained good, human relations with security employees.

On 05.03.99, about 18 o’clock, Rybin came out of the office and said that he would call on his nephew near the metro station ‘Yugozapadnaya’ to wish him a happy birthday. As usual, they left the territory of the office in Rybin’s office car GAZ-3102, black color, and at the wheel was his chauffeur Fedotov N.F. They dropped Rybin at his relatives, and those let they go, proposing to go to his mansion and wait there for his call, after which they would have to pick him up accompanied by another car, as it would be necessary to take to their home other relatives. He, Filippov, and the chauffeur Fedorov went in direction of the village Nikolo-Khovanskoye, Lenins district, where located Rybin’s mansion.

On their way, near the cemetery, they met a SUV ‘Pajero’ of black color. As soon as the jeep drove away, in a few seconds, there was a powerful explosion, as the result of which the car turned on its back and it was put across the road. He heard the voice of Filippov who was saying that they had to crawl out of the car. Through a broken window he got out of the car and, as he could not walk, he started to crawl along the road. He covered a distance of about 25-30 meters, and during all this time he heard the driver Fedotov groaning, and then there was a round from a sub-machinegun and the driver quietened down.

Then they started to shoot at him, bullets stroke the ground around him, and. At the beginning, he didn’t see where the shots came from. Filippov who crawled in front of him, started to shoot back from the standard-issue Makarov handgun. Making use of it, he, Ivanov, crawled from the road and turned on his back. Having seen near the car two men with assault-rifles AK-74, in camouflage clothes with hoods, he started to fire on them from his standard-issue Makarov handgun, and after that, one of the men, started to shoot at him, and the second at Filippov. The shooting men didn’t hit him, after he got out of the car. He thinks that he and Filippov didn’t hit them either. The shooting ended abruptly; he didn’t see where the riflemen went.

The firm ‘East Petroleum’ had serios financial problems with the oil company Yukos. He knows that, shortly before the event, Rybin, in connection with the conflict, wrote a sharp letter to the head of the oil company Yukos Khodorkovsky. When the secretary typed this letter, he even proposed to moderate the tone a bit.

As the result of the explosion, serious bodily harm was inflicted on him, and Fedotov was killed.

- Testimony in court of the affected Filippov Y.L. similar to the evidence of Ivanov A.A., who, apart from that, explained that through targeted shots at him made by two unknown men armed with sub-machineguns, he received gun-shot injuries. As he suffered less because of the explosion, he managed to go beyond the line of fire, then he ran to Rybin’s mansion and told persons there about the event.

- Testimony in court of the witness Kolesnik M.V., according to which he works as inspector of the 6th division of the District department of internal affairs of Moscow. In January 1999, he was providing guard to the general director of the company ‘East Petroleum Handelsgaz m.B.H.’ Rybin Y.L. At the end of January 1999, driving to Rybin’s house and grounds, together with the shift leader Kurbatov, he noticed near the turn to the Khovankoye Cemetery a car of gray color. Kurbatov gave instruction to the commander of the rapid response group in the house of Rybin to check the mentioned car. From the words of the commander of the rapid response group, in the car ‘Niva’ of gray color checked by the them were three men, one of whom presented a certificate of an officer of the security service FSB, by the name Shevtsov.

Facts relating to the attempted murder against Rybin Y.L. are corroborated also by the following objective proofs, examines in court:

- Protocol of inspection of the scene of the accident of 24.11.1998, according to which, under insufficient artificial light the territory was observed neighboring the house No 30 on Udaltsova Street.
(Volume No 43, page of the file 2)

- Protocol of the additional inspection of the scene of the event on 25.11.1998 with participation of the affected Rybin YL. According to which Rybin Y.L. at the location, neighboring House No 30 on Udaltsova Street in Moscow, indicated his position and the position of the man that was shooting at him.
(Volume No 44, pages of the file 10-110)

- Report of Smirnov A.M., head of the division ‘Vernadsky Prospect’ of the Department of Internal Affairs of Moscow, according to which. On 24.11.98, at 22.22 o’clock, a report came to the police control room saying that near house No 30 on Udaltsova Street in Moscow unknown made shots from automatic sub-machineguns citizen Rybin Y.L.
(Volume No 43, page of the file 3)

- Photocomposed portrait of the assailant, made in accordance with the description of the affected on 25.11.98 and corresponding to the appearance of Reshetnikov Y.V.
(Volume No 43, pages of the file 15)

- Report of the investigator of the of the Criminal investigation department of the West administrative district of Moscow Karasyov V/A. of 01.12.98, according to which two facts have been ascertained pertaining to the inquiries in the Main Department of Internal Affairs of Moscow with regard to Rybin Y.L. On 27.09.1998 made from the telephone number 299-34-38 stationed at the aggress Moscow, Strastnoy Bulvar, house 10, charity society ‘Benefis’. 0n 27.11.1998, made from the telephone number 235-04-38, stationed at the address Moscow, Dubinibskaya Street, house 17-a, office of the oil company Yukos.
(Volume No 43, pages of the file 4)

- Report of the Central Address bureau of the Main Department of Internal Affairs of Moscow, of 27.11.98, according to which two facts are ascertained of inquiries sent to the Central Address Bureau of Moscow regarding to Rybin Y.L., on 27.09.98 from the telephone number 229-34-38 and on 27.1..97 from the telephone number 235-04-75
(Volume No 43, pages of the file 28)

- Report of the senior operative officer of the Department of Internal Affairs of the West administrative district of Moscow Lensky O.G. of 03.12.98, according to which the telephone number No 235-04-75 is stationed at the address Dubininskaya Street , house 17-a, in an office of the security service of the oil company Yukos.
(Volume 43, page of the file 30)

- Schematic picture of the assault rifle with silencer made personally by Reshentikov Y.V. on 02.08.99
(Volume No 48, pages of the file 138-140)

- Protocol of the additional examination of the scene of the event on 17.09.99, according to which, on the territory neighboring to the house No 30 on Udaltsova Street in Moscow and in service rooms of the mentioned house, found and withdrawn were two deformed bullets, caliber 9 mm, that, during the investigation were studies and attached to the materials of the case as a piece of evidence; photoboard to the protocol.
(Volume No 43, pages of the file 159-164)

-Protocol of the search of 21.08.98, according to which special literature was withdrawn on blasthole drilling and repair of fire arms (volume No 43, Page of the file 202)

- -report on apprehension of Reshetnikov Y.V. on August 21, 1999, in the town Volgograd, confirming the withdrawal from him a certificate of an office of the security service FSB, serial number AU 0036296 given at February 10, 1998, plastic card AU 0034556, reserve card UA 01156 of the security service FSB to the name Reshetnikov Y.V.
(Volume No 43, page of the file 194)

- Protocols of the examination of objects and documents of September 22, 27 and 28, 1999, according to which the examined objects and documents withdrawn from the places of the domicile of Reshetnikov Y.V. and Shevtsov (Tsigelnik) Y.A. , including: certificate of an office of the security service FSB on the name of Reshetnikov Y.V. spare parts to fire arms and ammunition, hunter clothing, cold arms, means for changing appearance (wig, etc)
(Volume No 43, pages of the file 223-225, 226-227, 228)

- Ruling on establishing of personal data of 19.04.2005, according to which, Shevtsov Gennady Akexandrovich, born 08.10.53, native of the town Krasnodar, Russian, citizen of the Russian Federation, and Tsigelnik Gennagy Alexandrovich, born 08.10.53, native of the town Krasnodar, Russian, citizen of Ukraine is one one and the same person.
(Volume No 65, pages of the file 183-184)

- Conclusion of the ballistic examination No 12/K-2290 of 01.10.1999, according to its conclusion, the presented to the examination object, withdrawn from Reshetnikov Y.V., is a barrel, homemade, similar to the barrel of the 9mm sob-machinegun K6-92 and is a part of a fire arm weapon with the construction of the mentioned sub-machinegun;

3 bullets withdrawn during the additional examination of the scene of the event, are components of standard 9 mm rounds to the Makarov handgun (PM);

the mentioned 3 bullets could be fired from both, from the barrel, withdrawn from Reshetnikov Y.V. and from other barrel with similar parameters that could be achieved with the use of the same instrument as by the making of the presented barrel;

while making shots from sub-machineguns (K6-92) in automatic mode (by rounds) bullets are directed to the right above.
(Volume No 43, pages of the file 166-168)

- Conclusion of the complex ballistic, examination Bo 12/K-621-623 of confirming the conclusions of the examination No 12/K-2290.
(Volume No 44, pages of the file 255-261)

- Ruling on attaching to the case material evidence; deformed bullets withdrawn during the additional examination of the Scene of the event, barrel – homemade similar to barrels 9 mm of the sub-machinegun K6-92, withdrawn from Reshetnikov Y.V;

False certificate AY 0036295 and reserve card of the security service FSB AU 01156 withdrawn from Reshetnikov Y.V.
(Volume No 44, Pages of the file 116, 158)

- Protocol of the examination of part of the ground located between the Khovanskoye cemetery on the Territory of the Leninsky District of the Moscow Region of 06.03.99, according to which the situation on the scene of the event was recorded, and also found and withdrawn: two magazines of automatic rifles, a device of black color with a red button, radio board, box with batteries, cable, grenade launcher (a pipe with a round), cartridges from sub-machineguns 52 pieces, two portable radio stations, a piece of gray matter, foil, chain from metal of yellow color, muffler with brown flecks, documents, papers from the interior of the car, washouts of tissue of brown color similar to blood, as well as the content of pockets from the corpse of Fedotov (money, burse, coupons for gasoline and so on)
(Volume No 46, pages of the file 49-76)

- Protocol of the additional examination of the scene of the event of 08.04.99, according to which the car GAZ-3102, state registration number Н 216 АЧ 99 РУС was examined. During the examination were withdrawn: metallic fragments, samples of ground from the interior, pieces of newspapers, as well as fragments of: rug, coating, internal roof, washout from the internal body of the car, from cardan shaft, silencer, internal trimming of the roof.
(Volume No 46, pages of the file 82-83)

- Protocol of the additional examination of the scene of the event, dated March 18, 1999, according to which the part of the ground was examined, located between the Khovanskoye Cemetery and the village Nikolo-Khovanskoye of Leninsky District in the Moscow Region, a chard was drawn up of the adjoining territory. Videorecording.
(Volume No 46, pages of the file 79-80, 81)

- Report of the operative officer of the 6th division of the Ministry of the Interior of Moscow Mamontov D.A. and report of 23th division of the Main Department of the Internal Affairs Kolesnikov M.V. of 30.04.99, according to which, during the examination of the territory neighboring the place of the explosion and shooting at the car GAZ-3102, state registration number H 216 АХ 99 РУС four cartridges were found and withdrawn.
(Volume No 46, pages of the file 84-86)

- Protocol of the withdrawal of 06.03.99, according to which from the car VAZ-2104, state registration number А 551 РИ 77 РУС, belonging to citizen Shelukhanov M.I. were withdrawn and examined personal objects, clothes with damages and an office handgun of Filippov Y.L., received by Shelukhanov in 17th city hospital of Moscow.
(Volume No 46, page of the file 89)

- Protocol of withdrawal of 17.03.99, according to which from the forensic expert Degtyarev A.M. were withdrawn and examined clothes, contents of pockets, five bullets from the corpse of Fedotov N.V.
(Volume No 46, pages of the file 131)

- Protocol of the examination of objects of 26.03.99, according to which personal objects of Fedotov were examines, as well as objects withdrawn during the examination of his corpse.
(Volume No 46, pages of the file 180)

- Protocol of withdrawal of March 22, 1999, according to which in the CJSC ‘AMT’ were withdrawn printouts of the telephone negotiations of the subscriber No 941-95-98 (Rybin Y.L.) confirming the calls of Rybin Y.L., at the moment of committing and attempted murder against him on 05.03.199. to his relatives, confirming his intention to pass the evening in the circle of his family.

- Letter of the head of the security service of the oil company Yukos Shestopalov M.I. of 25.03.99, confirming the fact of collecting by employee of the security service of the oil company Yukos compromising materials with regard to Rybin Y.L. and placing it in mass media.
(Volume No 46, pages of the file 150-151)

- Documents provided by the security service of the oil company Yukos for including to materials of the criminal case launched on the fact of the attempted murder against Rybin Y.L. containing information on illegal activities of Rybin Y.L., Kalyuzhny V.I., Avalishvili G.D. and other persons that have not found confirmation during the preliminary investigation, but certifying the efforts by employees of the security service of the oil company Yukos to lead into error and direct the course of the investigation in the direction they needed.

Apart from that, the documents contain information about the place of the domicile of Rybin Y.L., places of offices, firms under his control, as well as his property. As the place of the domicile is indicated the following address: Moscow, Leninsky Prospect, house XX, apartment XX, where Rysin’s parents live. As the place of work is indicated the following address: Moscow, Profsoyusnaya Street, house 110-A. From the evidence of the defendants Reshetnikov Y.V. and Tsigelhik (Shevtsov) Y.V. follows that they were given exactly these two addresses as places of the most possible appearance of Rybin Y.L.
(Volume No 46, pages of the file 152-176)

- Documents provided by the company ‘East Petroleum Handelsgaz m.B.H.’ confirming the fact that the dead Fedotov N.V worked as chauffeur and used the car GAZ-3102, state registration number Н 216 АХ 99 РУС.
(Volume No 46, pages of the file 182-190)

- Protocol of examination of objects of 02.10.2003, according to which following objects were examined: fragments of the explosive device, body of the charge, 2 magazines to fire arms, lever of the detonator UXRGM, block note, driver’s license, Xerox copy of the technical passport, list of home telephone numbers – belonging to Fedotov, biologic samples from the corpse of Fedotov, A9 cartridges, 3 bullets, 2 fragments of bullets, plate.
(Volume No 54, pages of the file 33-36)

- Protocol of examination of the scene of the event of April 17 and 19, 1999, according to which a garden plot was examined No 43 of the state farm ‘Kommunarka’ located in the village Nikolo-Khovanskoye of Leninsky district in the Moscow Region which is in use of citizen Guryanov A.M. By the examination traces of unknown intrusion were found to the garden plot, and in the attic of the house was found an observation post, a plate broken and held by the wire with the removing of one can view the territory of the house and ground of the citizen Rybin. Withdrawn were: sledge-hammer, axe, nail iron, panel saw, two parts of wooden stairway, plate, piece of wire, piece of polyethylene foil with red stripes, filter of a used cigarette with pieces of ground. Charts and photoboard to the protocols.
(Volume No 46. Pages of the file 204-216)

- Ruling of March 6, 1999, according to which to the criminal case, as a material evidence, reactive antitank grenade RPG-18.
(Volume No 46, page of the file 129)

- Ruling of 06,12.2001, according to which to the criminal case are attached as material evidence, following objects: parts of the explosive device, body of a round, 2 magazines, lever of the detonator UZRGM, note book, driver license, Xerox copy of the technical passport, list of home telephone numbers – belonging to Fedotov, biologic samples from the corpse of Fedotov, A9 cartridges, 3 bullets, 2 fragments of bullets, plate.
(Volume No 80, page of the file 178)

- Protocol of withdrawal of 21.07.99, according to which from the police officer Dimur S.V. was withdrawn his office note book with a note: ‘Niva 2121 Н 323 ЕО 34 РУС, Shevtsov Gennady Akexandrovich’, made by him during the examination of the mention car, that was near the house and the ground of Rybin Y.L. in the village Nikolo-Khovanskoye, Leninsky District of the Moscoц Region.
(Volume No 46, page of the file 229)

- Protocol of withdrawal of 17.07.2003, according to which from Khokhlov A.I, documents were withdrawn regarding the activities of the company ‘East Petroleum Handelsgaz m.B.H’ and its representations in Russia.
(Volume No 51, pages of the file 64-65)

- Documents related to the activities of the company ‘East Petropeum Handelsgaz m.B.H.’ and its representations in Russia confirming the legal and mutually beneficial activities of the company ‘East Petroleum Handelsgaz m.B.H.’, and the OJSC ‘Tomskneft’ before the acquisition of the latter by the oil company Yukos.
(Volume No 51, pages of the file 66-247)

- Protocol of 09.06.2005, according to which documents were examined related to the activities of the company ‘East Petroleum Handelsgaz m.B.H.’ and its representations in Russia.
(Volume No 51, pages of the file 248-252)

- Background of the activities of the group ‘Yukos-Rosprom-Menatep’, confirming the illegal financial-economic activities of the oil company Yukos. (volume No 52, pages of the file 28-33)

- Protocol of withdrawal of 02.02.2004, according to which from Khochlov A.I. were withdrawn documents related to the activities of the company ‘East Petroleum Handelsgaz m.B.H.’.
(Volume No 55, pages of the file 30-31)

- Documents related the activities of the company ‘East Petroleum Handelsgaz m.B.H.’ in Russia.
(Volume No 55, pages of the file 32-73)

- Protocol of withdrawal of 02.04.2004, according to which from Rybin Y.L. were withdrawn the copies of the decisions of the Vienna Arbitration Court on the claim of the company ‘East Petroleum Handelsgaz m.B.H.’ to the OJSC ‘Tomskneft’ VNK of March 31, 2002 and July 1, 2003.
(Volume No 56, pages of the file 164-166)

- Copies of the decisions of the Vienna Arbitration Court on the claim of the company ‘East Petroleum Handelshaz m.B.H.’, to the OJSC ‘Tomskneft’ VNK of March 31, 2002, and July 1, 2003, confirming the illegality of the actions of the oil company Yukos with regard to unilateral termination of the agreements on mutual activities with the company ‘East Petroleum Handelsgaz m.B.H.’
(Volume No 81, pages of the file 3-375)

- Information received from the OJSC ‘Tomskneft’ about the volumes of the oil production at Krapivinskoye and Zapadno-Poledennoye oil fields confirming the amount of the lost profits by the company ‘East Petroleum Handelsgaz m.B.H.’ as the result of the illegal activities of the oil company Yukos with regard to unilateral termination of the agreement on mutual activities.
(Volume No 58, pages of the file 114-115)

- Protocol of withdrawal of 19.03.2004 and 28.09.2004, according to which, in the special section of the pretrial detention center of the Russian security service FSB and special section of the institution IZ-99/1, for carrying out handwriting examination, written claims were withdrawn (tests) of Pichugin A.V.
(Volume No 60, pages of the file 125-127, 129-132)

- Protocol of examination of 22,11,2002, according to which, the car GAZ-3110, state registration number В 540 ХЛ 68 РУС belonging to Gorin S.V., during which, among other things. The passport to the name Gorin S.V. was withdrawn.

- Protocol of examination of objects of 03.11.2003, according to which in the cover of the passport for the name Gorin S.V. was found a list of paper of white color, dimensions 9.2 x 9.3 cm with a handwritten text on it made with green color in Russian and Latin letters. The tekst begins with the phrase ‘East Petroleum Handelsgaz m.b.H.’, and ends with the words ‘Listeva Street, house 8, apartment 1 7339650’.

The fact that Gorin had requisites of the company ‘East Petroleum Handelsgaz m.B.Y.’ and the addresses of its representations in Russia and Austria, confirms his involvement in organizing of the attemted murders against Rybin Y.L.
(Volume No 8, pages of the file 119-138)

- Expert conclusion No 1882/06 of 07.10.2004, according to which the handwritten text ‘East Petroleum Handelsgaz m.B.H’ - Salztorgasse 2/8 A-1010 Wien, Austria, tel. (431) 533-76-20 fax (431) 5337624 Lesteva Street house 8, building 1 7339650’ located on a white piece of paper, found in the passport of Gorin S.V., was made by Pichugin A.V. under influence of ‘disturbing’ factors which are of constant character for the executor.
(Volume No 60, pages of the file 136-138)

- Decision of the Oktyabrsky District Court of the town Tambov of May 24, 2003, according to which Gorin Sergey Vasilyevich is confirmed dead.
(Volume No 63, page of the file 150)

- Background of 22,07.2005, according to which, during the investigation of the criminal case No 18/325543-04, proofs have been collected testifying that, during the period 1998-2003, the oil company Yukos, through firms under its control, executed production and selling of oil products with to purpose to avoid paying taxes from benefits received from realization of oil and oil products.
(Volume No 70, page of the file 8)

- Ruling on termination of the criminal prosecution with regard to Goritovsky V.V. of 04.07.2005, relating to accessory in attempted murders against Kolesov V.L., Rybin Y.L., murder of Petukhov V.A., as well as in sales of arms and ammunition, in connection with his death.
(Volume No 70, pages of the file 16-24)

- Ruling on termination of criminal prosecution with regard to Gorin S.V., relating to incitement to committing an attempted murder against Rybin Y.L. and murder of Petukhov V.A. in connection with his death.
(Volume No 70, pages of the file 25-30)

- material evidence of his case – documents of the security department of the OJSC ‘Yukos-Moskva’. Reflecting functional responsibilities of employees of the security service; videocassette of the format VHS with inscriptions ‘E 120 EMTEC 207 1S1 2354 FNE Home TV Master’ with a recording containing information about the entourage of Pichugin A.V. from among the leaders of the OJSC ‘Yukos-M’.
(Volume No 7, pages of the file 183-186, 200-201; volume No 11, pages of the file 105-112; volume No 41, pages of the file 4-12)

- Protocol of withdrawal of 11.08.99, according to which, from the trunk of the car VAZ-2121, state registration number Р 323 ЕО 34 РУС, in use of Shevtsov (Tsigelnik) G.V., among other things, a piece of tissue of beige color was withdrawn.
(Volume No 50, page of the file 146)

- Expert conclusion No K-2143 of 09.09.99, according to which, on the piece of tissue withdrawn from the trunk of the car VAZ-2121, state registration number Н 323 УЩ 34 РУС (in was in use of Shevtsov (Tsigelnik) G.A., were found traces of brisant explosive substance – hexogen.
(Volume No 50, pages of the file 165-167)

- Conclusion of forensic examination No 78 of March 9, 1999, according to which, during the examination of the corpse of Fedorov, it was found:

1. Massive damage of the lower extremities with crushing of skin, soft tissues, bones of shank, left foot, with splintered fracture of the right thighbone. The mentioned damages were inflicted before others and they are related to injuries that caused grievous bodily harm, as life threatening.

The death of Fedotov was cause by massive destruction of the low extremities as the result of the explosion trauma. Between the death of the affected and these injuries there is a direct causative connection.

The massive character of injuries of the low extremities, soft tissues, bones, with the presence of the fracture of the thighbone with layers of soot on the rest of the skin covering, soft tissues, bones, were formed as the result of the explosion devices that was in the area of the low extremities of the affected. The massive character of the injuries of the low extremities – shank, left sole, i.e. their almost total destruction, points to the brisant (close) impact of the explosion. The lack of any metallic fragments in the rest of the soft tissues and bones of the low extremities, resembling fragments of an explosive device, the injury only of the low extremities of the affected – shank and left sole of the foot with traces of a splinted fracture, of the right thigh bone, lack of damage of the pelvis bones, organs of pelvis can indicate that the injuries were the results of an explosion of explosive device, located under a prop, including under the car’s seat. The position of the injuries inly on the low extremities, fracture of the right thigh bone, presence of soot on the face palm and back surface of the wrists, elbow surface of the forearm, could indicate that at the moment of inflicting the injuries, i.e. at the moment of the explosion, the affected was in a sitting position.

2. Gunshot bullet wounds:

a) gunshot, bullet, blind injuries, penetrating injuries of the chest and stomach, with damaging 6-10 ribs, of the right side, right lung, right diaphragmatic cupula, liver, crow of small bowel, right kidney, 3d lumber vertebra, 8th rip on the right with presence in soft tissues and in abdominal cavity of two fragments of bullets and one deformed bullet, in all 3, injuries No 4,8,9.

b) gunshot, bullet, penetrating wound of the dorsal spine with entering gunshot wound ( wound No 6) on the back to the left, in the place of transition of the neck to the back, almost on the border of the shoulder support and the back, with an exit gunshot wound of the back in its upper half on the middle line (injury No7), with damaging 1-3 dorsal vertebras, with smashing of the dorsal spinal cord and fractures of 2d and 3d ribs; to the left, in the area of the knuckle head, and to the right: 1-4 of the paraspinal line with a damage of the bone tissue.

The mentioned damages are ranking to injuries that cause grievous damage, life-threatening one.

- Expert conclusion No 59, of March 12, 2002, according to which through the analysis of the real medical documents on the mane of Ivanov Alexay Yurievich, born 1061, it is ascertained that he had following bodily injuries:

Concomitant explosion trauma:

a) open craniocerebral injury, degloving injury of the left half of the temporal part of the head, depressed comminuted fracture of the coronal to the right, left side subdural hematoma, subarachnoid effusion, contusion of the brain with the formation of a contusion locus and hemorrhagic impregnation in the left coronal, edema of the left side of the grain. Multiple tear-contused wounds, metallic fragments in soft tissues of the head.

b) traumatic amputation of the right chank

c) traumatic amputation of the left thigh.

These injuries were formed as the result of an explosion trauma. An open craniocerebral injury, followed by a fracture of the cranial vault bones, effusion under the brain lining, contusion of the matter of the brain – these are life-threatening and are estimated as injuries that inflicted grievous damage to the health.

Traumatic amputation of the low extremities is a grievous damage taking in account the implications, as they resulted in a loss and atrophy of functionsm and that is why they are estimated as injuries inflicting grievous damage of the health.
(Volume No 49, pages of the file 194-197)

- Expert conclusion No 60 of March 12 2002, according to which by the analysis of the real medical documents on the name of Filippov Yevgeny Leonardovich, born 1968, it is established that he had following bodily injuries:

a) penetrating gunshot wound of the right half of the chest, not penetrating into the cavitas pleuralis, with a would canal in soft tissues, with an exit wound in the 7th intercoastal space, along the backside underarm line and exit wound on the level of the 5th rib along the front underarm line.

b) penetrating gunshot wound of the right half of the chest, not penetrating into the cavitas pleuralis, with a wound canal in soft tissues, with exit wound on the level of the 3th rib along the scapula line and an exit wound in the superclavicular area.

These injuries emerged as the result of two shots from fire arms, they are not life-threatening, they cause health problems, for not more than three weeks, and are estimated as injuries inflicting a light harm to health.
(Volume No 49, pages of the file 199-201)

- Expert conclusion No 1139/17, of June 11, 1999, according to which two pieces presented for examination, are parts from a anti-tank rocket grenade RPG-18, specifically: launching pad and antitank grenade PG-18.

Rocket anti-tank grenade RPG-18 is an ammunition of general purpose, it is adopted by the Russian army and it meant to be use against tanks, self-propelled artillery weapons, and other armored means of the enemy.

The rocket antitank grenade RPG-18 was produced in the production association ‘Signal’ in the town Chelyabinsk in 1977, in the first part of the production.

The main tactical and technical characteristics of RPG-18: caliber – 64 mm, length in travel position 1050 mm, weight – 2.6 kg, initial velocity of grenade’s flight – 114 m/sec; shooting distance at a target with the height 2 m – 135 m; effective range of shooting – 200 meters.

The rocket anti-tank grenade RPG-18 in the presented condition can ton be used for the purpose intended, as there in no primer, lead unit of detonator, and the pipe (gas conduit) is cut off, which connects the primer with the charge of gunpowder of the rocket engine.
(Volume No 49, pages of the file 86-90)

- Expert conclusion N 386/13-7 of June 23, 1999, according to which, on the presented clothes of Fedotov N.B. there are multiple fire arm damages, part of which correspond with fire arm injuries on the body of Fedotov N.B. Signs of fir arm injuries on the cloches allow to suppose that the cloches were not the first barrier in the trajectory of the bullet.

Taken in consideration the results of the examination of the damaged on the car (383/13-7, of 27.03.99) one cam suppose that the first barrier was the body of the turned over car GAZ-3102.

Evidence of Filippov Y.N. with regard to damages caused by fire arms of car’s body and clothes of Fedotov N.B. correspond with the circumstances of the emergence of thiese damages found out during the expert examinations. In the evidence of Filippov N.B has been given a piece of general picture of the emergence of the damages in the car GAZ-3102.
(Volume No 49, pages of the file 93-102)

- Expert conclusion No 382/13-7 of April 27, 1999, according to which on the car ‘Volga’ FAZ 3102, state registration number H 116 АХ 99 РУС there are fire arms damages in the bottom and in the back side. The whole number of damages – 43. The distance of shots that caused these damages, are within the limits of 13.5 – 0.25 meters (under condition that the sub-machine gun is ‘at thigh’). At the moment of emerging these damages, the car was laying on the surface of the road on its left side.

At the back side of the car shots were made from the direction from behind to the front, from bottom to top (compared with the normal position of the car).

At the bottom of the car shots were made a bit from behind and from bottom to top (compared with the normal position of the car).
(Volume No 49, pages of the file 104-112)

- Expert conclusion No 760/17, 761/17 of May 31, 1999 – there were following explosions on the scene of the event; explosion of a self-made explosive device and ammunition – a military frag defense grenade F-1.

The detonation of the explosive device was executed by way of giving charge on electric detonators, and that was achieved by pressing the button of the contactor.

The explosive device consisted of… (we drop technical details – editorial board of FLB.ru) … As charge in the explosive device was used triton – explosive matter of brisant effect. The mass of each of the two explosives was about 0.3 kg.

Triton is explosive substance of brisant effect of middle power. It is used both individually and as a component of mixed explosive substances for military purposes – in ammunitions, and also in the national economy for carrying out explosion works.

The charges of the explosive device was placed on the carriageway of the road, possible, they were deepened into the ground.

The metallic splinters withdrawn from the scene of the event, are parts of an army hand frag grenade F-1 – ammunition of general purpose, and the lever is the lever the fuse UZRGM with which was complemented the grenade F-1.

The lever UZRGM is ammunition of special purpose – an explosive item.

The fuse UZRGM, the release lever of which was presented to the examination, was produced in 1978, at the Ufa plant of drafting equipment in the composition of 224th lot, and actuated it was in 1979, at the Saransk mechanical plant in composition of 55th consignment. On the basis of the splinters of the grenade F-1 it was not possible to determine the plant where this grenade had been produced.

The Grenade F-1, probably, was thrown from the window of the car GAZ-3102, state registration number Н 216 АХ 99.

Devices withdrawn from the place of the event:

- mentioned in the resolution as accumulator, is, in effect, 9 flat standard batteries of Polish production, commercially manufactured, connected in an improvised manner into one block;

- mentioned in the resolution as little detonator machine, is a battery of type ‘Krona’, of foreign production, commercially manufactured, connected in an improvised way with the connector and gathered in one block.

To produce and install such an explosive device professional knowledge is needed, as well as experience in explosive work.

The detonation of the explosive device was performed through electrical way.
(Volume No 49, pages of the file 124-134)

- Еhe Verdict of the Moscow City Court of 13,11,200 that has become final and biding, according to which Reshetnikov Y.V. was found guilty of committing crimes mentioned in Article 30, paragraphs 3, and Article 105, paragraph 2, subparagraph ‘z’, and Article 327, paragraph 1 of the Criminal code of the Russian Federation, i.e. of committing a willful attempted murder of Rybin Y.L. on 24.11.1999, and of falsifying a certificate of an employee of the security service FSB, for the purpose of its use.

The motive of the elimination of Rybin is established, specifically, his activity in the oil business, a conflict situation between the company ‘East Petroleum Handelgaz m.B.H’, headed by him, and the oil company Yukos, that refused to fulfil contractual obligations. In this connection, the company ‘East Petroleum Handelsgaz m.B.H.’ was forced to approach with claims the International Arbitration Court and the Court in the Hague’.
(Volume No 48, pages of the file 34-40)

- The Verdict of the Moscow City Court of August 17, 2006, that has become final and binding, according to which Tsigelnik G.A. was found guilty of committing an attempted murder against Rybin, on 24.11.1998, in Moscow, and Shapiro of accessory in this attempted murder, Tsigelnik and Reshetnikov were found guilty of the attempted murders against Rybin, Ivanov, Filippov, and of the murder of Fedotov on 05.03.1999 in the Leninsky Dustrict of the Moscow Region, and Shapiro of accessory in these attempted murders and murder.
(Volume No 42, pages of the file 1-56)

- The Verdict of the Moscow City Court that has become final and biding, of August 6, 2007, according to which Pichugin A.V. was found guilty of organizing, together with other persons from among the managing employees of the oil company Yukos of the attempted murder of Rybin, on 24.11.1998. in Moscow, and of organizing the murder of Fedotov and of attempted murders on Rybin, Ivanov, Filippov on 05.03.1999 in the Leninsky district of the Moscow Region.
(Volume No 42, pages of the file 84-196)

Having accessed the totality of the obtained evidence of this case, the Court comes to the conclusion about the proof of guilt of the defendant Nevzlin L.B. and finds him guilty of organizing by him, on November 24, 1998, an attempted murder of Rybin Y.L., for hire, in connection with carrying out by the latter office activities, by generally dangerous way.

The crime was not carried out by him to the end due to circumstances beyond his control.

The Court has ascertained that, in the autumn of 1998, the defendant Nevzlin criminally conspired with Pichugin and unidentified persons from among managing employees of the oil company Yukos, directed at taking the life of Rybin Y.L., on the initiative of whom a series of legal claims were made to recover the damage from the oil company Yukos to the company ‘East Petroleum Handelsgaz m. B.H.’, connected with their mutual activities with the company ‘Tomskneft’ VNK with regard to exploitation of the oil fields ‘Sapadno-Poludennoye’ and ‘Krapivinskoye’.

In order to implement his criminal intention, Pichugin A.V. proposed to his acquaintance Gorin S.V. to select persons ready, for remuneration, co commit this crime. Moreover, Pichugin, to facilitate the commitment of this crime, handed over to Goring the address of the places of domicile and world of Rybin Y.L., information on cars at his disposal, his guard and itineraries of his movements, he was holding negotiations about the amount of material remuneration for killing Rybin to the amount of 300 000 US dollars as well as about the terms of its commitment.

Having accepted the proposal of Nevzlich L.B. and Pichugin A.V., Gorin S.V. engaged, for participation in committing this crime, the inhabitants Shapiro V.V. (the verdict of him has become final and binding) and Goritovsky V.N. (the criminal case against him was dropped in connection with his death). The mentioned persons agreed to take part in this crime, and, in their turn, for monetary remuneration, induced to this his acquaintances Reshetnikov Y.V. and Tsigelnik G.A. (the Verdicts against him has become final and biding) and handed them over, as a down payment for committing this crime, a part of the monetary remuneration – not less than 10 000 US dollars.

On November 24, 1998, in the town Moscow, Reshetnikov Y.V., with the help of Tsigelnik G.A. and Shapiro V.V., committed an attempted murder against Rybin Y.L., of convicted Reshetnikov made at least 6 shots at the affected from the sub-machinegun K6-92 ‘Volk’ (Borz), however, he didn’t accomplish this crime due to circumstances beyond his will, as Rybin, having seen a gun in the hands of Rershetnikov Y.V., could hide himself behind the car, and the automatic round missed him.

The Court also comes to the conclusion about the proof of the guilt of the defendant Nevzlin L.B. and adjudge him guilty of organizing by him, on March 5, 1999, an attempted murder against Rybin Y.L., Ivanov A.U., Filippov Y.L., as well as of organizing the murder of Fedotov N.V., judging his criminal actions, such as organizing attempted murder and a murder, i.e. deliberate causing death of another person, two and more persona, in connection with fulfilling by the affected people their official activities, by generally dangerous way. The crim was not fulfilled by him to the end due do circumstances beyond his control.

On March 5, 1999, about 20 o’clock, on a rural road, located between the Kiyevskoye highway and the village Nikolo-Khovanskoye, in front of the concrete fence of the woodworking department of the Khovanskoye Cemetery, Tsigelnik Y.V. on previous concert with Reshetnikov Y.V., acting together and concertedly, by a generally dangerous way, conscious that as the result of the explosion not only Rybin Y.L. could be killed, but also other people with him, by way to putting charge to the electric detonators, made an explosion on the in the way of the car GAZ-3102, state registration number Н 216 99 РУС, that was used by Rybin Y.L. and undertook an effort to shot at the car and the people in it from the anti-tank grenade RPG-18 and pulled the trigger. Yet, athwart his will, the shot was a failure because the grenade was faulty.

In continuation of their criminal intentions, Reshetnikov Y.V., at the direction of Tsigelnik G.A. threw a frag hand grenade F-1, and then, from fire arms at their disposal – assault rifle AK-74, Reshetnikov Y.V. and Tsigelnik G.A. made at least 54 shots at the car, where there were Fedotov. I.V., Filippov Y.L. and Ivanov A.U., and after that they fled from the scene of the event.

As the result of the shooting at the car, the affected Fedotov N.V. was killed, grievous bodily harm, on account of the threat for life, was inflicted to Ivanov A.U., and to Filippov Y.L. – gunshot wounds that caused a light damage to the health.

Taking into consideration that Rybin Y.L., at the moment if the committing the crime, was not in that car, and Ivanov A.U. and Filippov Y.L. were provided with timely medical help, the crime against them was not fulfilled to the end by the criminals due to circumstances beyond their will.

As one can see from the materials of the case, during the preliminary investigation, apart from the version of a conflict between Rybin Y.L. and the leadership of the oil company Yukos, the agencies of the investigation was following and examining other versions as well. In particular, on involvement in these crimes the group of policemen that guarded Rybin Y.L., organizing of the attempted murder by Rybin Y.L. himself, involvement in the crimes of competitive firms, revenge on the affected from the part of criminal structures. However, none of mentioned versions has turned up evidence and were refuted by the investigation carried out with regard of this case, as well as by court.

The arguments of the defense of the defendant Nevzlin L.B. about the understatement that Nevzlin, being unsatisfied with the activities of the manager of the company ‘East Petroleum Handelsgaz m.B.H’ Rybin, on the initiative of whom a series of legal claims with regard to the oil company Yukos was brought an action on recovery of damage, colluded with Pichugin, and this collusion was directed at murdering Rybin, as well as that these claims could not be a motive of the committed crimes, that the announced evidence of the witnesses Tsigelnik and Reshetnikov could not be used as the base if a guilty verdict, the court holds as unfounded, as they contradict the circumstances of the case, examined during the court sessions.

Thus, the court has established that after the purchase by the oil company Yukos the controlling stock of the company VNK, with the firm ‘East Petroleum Handelsgaz m.B.H.’ headed by Rybin Y.L., mutual activities in accordance with the agreement was unilaterally stopped and the power of attorney was revoked on the right to sell the jointly extract oil, as, according to the opinion of the new leaders of VNK, mutual activities with Rybin Y.L. didn’t suit interests of the company, was economically not reasonable. As one can see from the documents of the materials of this criminal case, Rybin Y.L., defending the interests of the company headed by him, took an active position with regard to the return of the means invested in the mutual use of Krapivinskoye and Sapadno-Polydennoye oil fields.

Apart from participation in negotiations, Rybin addresses himself to lawyer, including the lawyer Dobrovinsky, files multibillion claims against VNK to arbitration court, including foreign ones, corresponds actively with state agencies of Russia, starts to speak openly, including in mass media, and make statements about dishonesty of the leadership of Yukos, attracting by so doing more and more attention of the society to the arisen conflict.

Information provided by Rybin, confirmed in court the witness Dobrovinsky, who also was exposed to a pursuit from the part of the leader of the oil company Yukos in connection with providing legal help to Rybin Y.L.

As it was already pointed out, the economic situation inside the company itself, in 1998-1999, according to the testimony of the witness Golubovich and others, was estimated as critical. That is why the filing of legal claims on cost recovery from the oil company Yukos by the company ‘East Petroleum Handelsgaz m.B.H’, connected with the mutual activities with the company OJSC ‘Tomskneft’ BNK with regard to exploitation of ‘Sapadno-Poludennoye’ and ‘Krapivinskoye’ oil fields and the possibility of fulfilling the demands of multimillion sums of money, could have resulted in bankruptcy.

From the evidence of the witness Golubovich, the leaders of the company Khodorkovsky M.B. and Nevzlin L.B. were repeatedly holding meetings on the problem with Rybin Y.L. at which they discussed methods of struggle with him. The witness told to the court, that present at these meetings were, usually, employees of the security service and legal department of the company. The security service controlled the conflict between the oil company Yukos and Rybin. At one of the meetings, at the end of January 1999, Nevzlin L.B., addressing to Khodorkovsky, said: ‘Give a couple of months, and we will resolve the problem with Rybin’. After the second attempted murder against Rybin Y.L. in March 1999, all meeting on this issue stopped. For all leaders of the company Nevzlin L.B. presented the official version that Rybin Y.L. himself organized the attempted murder against himself.

Thus, actions of Rybin Y.L. who defended the interests of the company that he headed and insisted on repayment of means invested in thew mutual exploitation of Krapivinsky and Sapadno-Poludennoye oil fields, by way of filing claims in arbitration court, upon which multimillion sums of money would have been extracted, in aid of execution assets of the company could have been seized, and all that contradicted to personal and official interests, including of the defendant Nevzlin L.B. and other unidentified leaders of the company Yukos, and in connection with this the decision to kill Rybin was taken.

As the witness Shapiro V.V. said in court, he knew that from Gorin S.V. and Goritovsky that the ordering customers of the attempted murders against Rybin Y.L. were Pichugin and Nevzlin L.B., moreover, on March 5, 1999, the mentioned persons in his car, having learned about the measures to fulfill their ‘order’, gave the instruction to effectuate the killing of Rybin Y.L.

The witnesses Reshetnikov Y.V. and Tsigelnik G.A. told the court that information that the ordering customers of the attempted murder against Rybin Y.L. had been Pichugin A.V. and Nevzlin L.B., they learned it from Goritovsky and Shapiro V.V. They also saw Pichugin A.V. and Nevzlin L.B. on that day near the hotel ‘Salyut’ in Moscow, who had come there with Gorin S.V. to solve the problem with Rybin Y.L. and after this meeting, having received the instruction to take the life of Rybin Y.L., they fulfilled the demand of the mentioned persons and organized the explosion of the car belonging to the affected with people in it.

Assertions of the defense of Nevzlin L.B. that he is not involved in organization of attempted murders of Rybin, as well as in other crimes imputed to him, that he was allegedly not acquainted with the affected Rybin Y.L. and has never seen him, are refuted by the circumstance substantiated in court.