Appendix 18

APPROVED
Deputy Prosecutor of
Stavropol Krai

Senior Counselor of Justice
[signature] V.A. Lozhnikov
18.02.2003

RESOLUTION

on the severance of a criminal case

Kislovodsk 18.02.2003

Senior Investigator of the second department of the crime investigation directorate of the Stavropol Krai Prosecutor's Office, Jurist 2nd Class, V.V. Kalugin, having reviewed the materials of criminal case No. 36094,

HAS ESTABLISHED:

• Criminal case No. 36094 was initiated on 29.08.2002 against S.S. Lyubichev, Inspector for Road Safety Propaganda of the RDPS OGAI of the Kislovodsk OVD, on the grounds of a crime under Part 3 of Article 285 of the Criminal Code of the Russian Federation, based on materials severed from criminal case No. 103 regarding his use of official powers contrary to the interests of the service for mercenary motives, which led to grave consequences.
• During the investigation of the criminal case charging S.S. Lyubichev with committing crimes under Part 1 of Article 285 and Part 2 of Article 290 of the Criminal Code of the Russian Federation, the following was established:
  • In mid-August 1999, between 10:00 and 14:00, S.S. Lyubichev, being an official—a state inspector of road supervision of the GIBDD department of the Kislovodsk OVD, whose official duties in accordance with paragraphs 1 and 4 of Article 10 of the Law of the Russian Federation 'On the Militia' included the prevention and suppression of crimes and administrative offenses, as well as the detection and solution of crimes—committed illegal acts in favor of Yu.I. Krymshamkhalov. While in uniform, S.S. Lyubichev ensured the unimpeded passage through DPS Post No. 1 of the GIBDD department of the Kislovodsk OVD into the territory of the city of Kislovodsk, Stavropol Krai, of a 'Kamaz-53212' vehicle, state registration plate A 831 AM 09, which was in a technically faulty condition, lacking part of its windshield, and driven by R.Sh. Magayaev. At the same time, R.Sh. Magayaev did not have a driver's license or documents for the cargo being transported, thereby violating