That is why, the court assesses, on the whole, the actions of Nevzlin L.B.:
of organizing by him murders of –
- Korneyeva V.A., January 21, 1998;
- Petukhov V.A., July 26, 1998;
- Fedotov N.V., March 5, 1999;
- Gorin S.V. and Gorina O.M., November 20, 2002.
- in accordance with Article 33, paragraph 3, subparagraphs ‘a.b,e.z.u’,, Article 105, paragraph 2 (as in force of the Federal Law of 13.06.1999 No 63 FZ), as organization of murders, that is, intentional causing the death to two and more persons, on episodes of the murders of Petukhov V.A., Fedotov N.V. as well as in connection with fulfilling of the affected their official activities, by a generally dangerous way, and, as to the killing of the couple Gorins, also with the purpose to hide another crime;
Of organizing by him –
- attempted murder against Rybin Y.L. on November 24, 1998,
- attempted murder against Rybin Y.L. on March 5, 1999 and employees of his protection team Ivanov A.U., and Filippov Y.L.
- attempted murder against Kostina O.N. on November 28, 1998;
- in accordance with Article 30, paragraph 3, Article 33, paragraph 3, subparagraphs ‘a,b,e,z,’, Article 105, paragraph 2 (as in the version of the Federal Law of 13.06.1996, No 63-FZ), as organizing of attempted murders, that is, intentional causing death to two and more persons, for hire, in connection with the affected of their official activities, by a generally dangerous way, yet these crimes were not fulfilled to the end due to circumstances beyond his beyond his control;
- of organizing him:
- on November 5, 1998, an assault on Kolesov V.L., that is an assault with the purpose to steel property of other person with the use of violence, dangerous for life and health, by a group of persons, on previous concert, in accordance with Article 33, paragraph 3; Article 162, paragraph 2, of the Criminal code of the Russian Federation (in the version of the Federal Law of 21.07.2004, No 73-FZ).
In setting a punishment to the defendant Nevzlin L.B. the Court takes into consideration also the degree of public danger of the crimes committed by him, attenuating and aggravating circumstances, as well as influence of the imposed punishment in the direction of the accused and on conditions of life of his family.
Nevzlin L.B. has no previous convictions, according to information of law enforcement agencies, crossed the border of the Russia Federation, while leaving the country, on July 30, 2003, at the checkpoint ‘Vnukovo’, and until present moment, has not appeared at the place of registration and place of the domicile on the territory of the Russian Federation.
(Volume No 59, pages of the file 79, 83; volume No 60, page of the file13)
According to the information of the Ministry of Foreign Affairs of the Russian Federation, he was temporarily registered, on November 17, 2003, at the consulate department of the Russian Ambassy in Israel. According to information, received from a psychoneurological dispensary, Nevzlin L.B. is not registered there.
(Volume No 59, pages of the file 85, 86; volume No 60, pages of the file 45, 47)
At the place of work in the oil company Yukos, ITAR-TASS, Nevzlin L.B. is characterized positively(volume No 59, pages of the file 77, 88, 117; volume No 60, page of the file 50).
On July 21, 2004, the defendant Nevzlin L.B. was put on the federal and international wanting list (Volume No 60, pages of the file 85-90, 91-96, 111, 112, 113, 114).
On July 23, 2004, the Basmanny District Court of Moscow selected a level of restriction in the form of imprisonment (volume No 60, pages of the file 107-111).
According to the message of the National Central Bureau of Interpol of the Ministry of Interior of the Russian Federation, the whereabouts of Nevzlin L.B. is established – he is now in Israel (volume No 60, pages of the file 115).
The Office of the Prosecutor General of the Russian Federation, on April 7, 25 and on July 8, 2005, sent to relevant authorities of the state of Israel requests about deportation of Nevzlin L.B. to Russia to convict him of criminal offences for organizing of committing several extremely grievous crimes against life and health of citizens.
On December 8, 2006 and April 13, 2007, to relevant authorities of the state Israel were sent additional materials pointing at the existence of evidence of involvement of Nevzlin L.B. in organizing the crimes imputed to him as well as at the fact that he knew about suspicions from the side of law enforcing agencies about his involvement in a series of crimes, his intentional efforts to avoid coming to investigator.
(Volume No 71m pages of the file 56. 57-59, 60, 61-79, 80-82, 83, 84-87, 88, 89-97, 98, 99-100, 101, 103, 104-118, 119, 220; volume No 72, pages of the file 147-173; volume No 74, pages of the file 67, 68, 69, 70, 72, 73, 74)
This, the investigation took sufficient measures for the extradition of Nevzlin L.B., but the Israeli side informed about unlikelihood of continuation of the process of extradition of Nevzlin L.B. to Russia (volume No 82, page of the file 199; volume No 72, pages of the file 147-173).
The Moscow City Court also repeatedly sent summons to Nevzlin L.B. demanding him to arrear it court, bit he avoiding coming to court sessions.
When imposing the penalty, the court takes into consideration that the defendant Nevzlin L.B. has committed a series of crimes relating to the category of extremely grievous, challenging lives, and causing deaths of five persons, as attempted murders some more persons, and thereupon repeatedly fire arms were used and explosive devices, so, taking in consideration of the quantity of the affected and the used methods of challenging their lives, the Court reckons that Nevzlin L.B. as organizer of extremely grievous crimes, challenging lives, are to be regarded as an extreme danger for the society, and considers that it is necessary to impose him a penalty in form of life-long imprisonment.
The civil claim, filed both by the affected Ivanov A.U., about compensation of the property damage inflicted by the crime, to the amount of 2 088 040 rubles, the court rules to be partially satisfied, as Ivanov A.U. presented receipts confirming material damage, suffered by him in connection with prosthetic care, to the amount of only 1 088 040 rubles, with is due to be collected, and the material damage to the amount of 1 million rubles is not confirmed with documents, and they is why it is not to be collected.
Apart from that, the affected presented in court claims to Nevzlin L.B. about compensation of their moral damage: Ivanov A.U. – 6 million rubles; Islamova F.S – 550 million rubles; Filippov E.L – 3 million rubles; Ismailov D.A. – 500 million rubles; Gorin A.S. – 20 million rubles.
The court admits the mentioned civic claims about compensation of moral damage to be partially satisfied, as the court thereupon, takes into consideration the character and volume of inflicted moral suffering, the degree of guilt of the defendant, as well as his material positions, and that is why the court considers it possible to collect from the defendant Nevzlin L.B., on account of compensation of moral damage to the benefit of the affected Ivanov A.U., Islamova F.S., Ismailov D.A., Gorin A.S. and to be paid to them 1 million rubles each, to the benefit of the affected Filippov E.L. 500 000 rubles.
In connection with the fact the guilt of the defendant Nevzlin L.B. of organizing and committing an attempted murder against Kokoshkin B.E. has not found its confirmation in court sessions, guilty of committing this crime adjudged other persons and the Verdict against them has already is already final and binding, the court considers it necessary to leave the claims of Kokoshkin B.E. pertaining to compensation of moral damage, without consideration with keeping for him the right to make claims against guilty persons by way of civil proceedings.
The Court holds:
To adjudge guilty Nevzlin Leonid Borisovich of committing crimes under Article 33, paragraph 3, subparagraphs ‘a,b,c,z,k’; Article 105, paragraph 2 of the Criminal code of the Russian Federation in the version of the Federal law of 13.06.1006, No 63-FZ), Article 30, paragraph 3, Article 33, paragraph 3, subparagraphs ‘a.b.e.z.’, Article 105, paragraph 2 (in the version of the Federal law of 13.06.1996, No 63 FZ), Article 33, paragraph 3; Article 162, paragraph 2 of the Criminal Code of the Russian Federation (in the version of the Federal law of 21.07.2004, No 73-FZ)
To impose on him penalty:
- under Article 33. Paragraph 3, subparagraphs ‘a,b,v.z.k), Article 105, paragraph 2 of the Criminal code of the Russian Federation (in the version of the Federal law of 13.06.1996) in form of life imprisonment;
- under Article 30, paragraph 3, Article 33, paragraph 3, subparagraphs ‘a,v,e,z’, Article 105, paragraph 3 of the Criminal code of the Russian Federation (in the version of the Federal law of 13.06.1996, No 63-FZ) in form of imprisonment of 15 (fifteen) years;
- under Article 3, paragraph 3, Article 162, paragraph 2 of the Criminal Code of the Russian Federation (in the version of the Federal law of 21.07.2004) to impose him a penalty in form of imprisonment for a term of 8 (eight) years.
On the basis of Article 69, paragraph 3 of the Criminal Code of the Russian Federation, on the totality of the committed crimes, to impose the final penalty on Nevzlin L.B. in form of life imprisonment for servicing in correctional colony of strict regime.
The measure of restriction to leave as it is – imprisonment.
The term of servicing the penalty of Nevzlin l.B. to be counted from the moment of his actual apprehension and taken into custody after the search.
To collect from Nevzlin L.B. to the benefit of Ivanov L.L. 1 088 040 rubles in account of compensation of the material damage and 1 million rubles in account of compensation of moral damage.
To collect from Nevzlin L.B. in account of compensation of moral damage to the benefit of Islamova F.S. 1 million rubles, to the benefit of Ismailov D.A. – 1 million rubles, to the benefit of Gorin A.S. – 1 million rubles, to the benefit of Filippov E.L. – 500 000 rubles.
Material evidence of this case: 11 videocassettes with recordings of investigative actions, 15 cartridges caliber 9 mm, pieces of the explosive device, cover of the charge, 2 magazines for fire arms, lever UZRGM, 49 cartridges, 3 bullets, 2 fragments of bullets, biological blood samples of the corpse of Fedotov, samples of blood and saliva of Reshetnikov, plate, certificate of an office of the security service FSB with a photo of Reshentikov on it to return to the body of investigation for keeping withing a separate criminal case.
Decisions of other material evidence on this criminal case have been taken by the Verdict of the Moscow City Court of 17.08.2006 and of 06.08.2007.
The Verdict can be appealed against in the Supreme Court of the Russian Federation during 10 days counting from the day of the announcement, as well in the manner specified in Article 247, paragraph 7, of the Criminal Procedure code of the Russian Federation”.
