DECISION

to charge as an accused

Cherkessk "25" 03 2003

Senior Investigator of the Investigative Department (SU) at the Ministry of Internal Affairs (MVD) of the Karachay-Cherkess Republic (KChR) Chotchaev I.P., having reviewed the materials of criminal case No. 81350

HAS ESTABLISHED

• Andrei Adolfovich Shakhnazarov, in July 2001, while illegally working as a lawyer at Legal Consultation (YuK) - 1 in Cherkessk, with the aim of stealing someone else's property, through deception, taking advantage of the current situation, abusing the trust of citizen F.Kh. Gochiyaeva, promising assistance in resolving the issue of releasing her brother, R.Kh. Gochiyaev, from criminal liability, who was detained on suspicion of terrorism, proposed that the latter hand over to him 4,000 US dollars for transfer to the investigator for the release of R.Kh. Gochiyaev, and 5,000 rubles for his services.
• A few days later, at the residence of citizen E.Kh. Khabicheva, at 262 Fabrichnaya St., Cherkessk, F.Kh. Gochiyaeva personally handed over to A.A. Shakhnazarov the initial amount she had of 63,000 rubles, of which 60,000 rubles were intended for transfer to the investigator, and 3,000 for the services of A.A. Shakhnazarov himself. F.Kh. Gochiyaeva was to hand over the remaining amount to A.A. Shakhnazarov after the release of her brother.
• The transfer by A.A. Shakhnazarov of the money he received from F.Kh. Gochiyaeva to the investigators of the investigative group of the Directorate of the Prosecutor General's Office of the Russian Federation in the North Caucasus was not confirmed.

• Thus, A.A. Shakhnazarov, through his intentional actions, by fraudulent means, stole money in the amount of 63,000 rubles from citizen F.Kh. Gochiyaeva, causing her significant material damage.

• He also, repeatedly, in early December 2001, while illegally working as a lawyer at YuK - 1 in Cherkessk, with the aim of stealing someone else's property, through deception, taking advantage of the current situation, abusing the trust of citizen A.M. Koichueva, promising assistance in resolving the issue of releasing her son, R.Kh. Koichuev, from criminal liability, who was detained on suspicion of terrorism, proposed handing over to him 4,000 US dollars for transfer to the investigator for the release of R.Kh. Koichuev, and 20,000 rubles for his services.

• A few days later, on Kosmonavtov St. in Cherkessk, citizen R.Yu. Koichuev, on behalf of A.M. Koichueva, personally handed over to A.A. Shakhnazarov 4,000 US dollars and 20,000 rubles, of which 4,000 US dollars were intended for transfer to the investigator, and 20,000 rubles for the services of A.A. Shakhnazarov himself.
• The transfer by A.A. Shakhnazarov of the money he received from R.Yu. Koichuev, on behalf of A.M. Koichueva, to the investigators of the investigative group of the Directorate of the Prosecutor General's Office of the Russian Federation in the North Caucasus was not confirmed.
• Thus, A.A. Shakhnazarov, through his intentional actions, by fraudulent means, stole money from citizen A.M. Koichueva in the amount of

Financial Damages

• 4000 US dollars and 20,000 rubles, causing her significant material damage.

Circumstances of the Fraud

• He also, repeatedly, in mid-December 2001, while working illegally as a lawyer at Legal Consultation No. 1 of the city of Cherkessk, for the purpose of stealing someone else's property, by deceit, taking advantage of the current situation, abusing the trust of citizen N.Kh. Urusova, promising assistance in resolving the issue of releasing her brother—R.Kh. Gochiyaev—from criminal liability, who was detained on suspicion of terrorism, proposed that she hand over 30,000 rubles to him for transfer to the investigator for the release of R.Kh. Gochiyaev.
• On the same day, citizen N.Kh. Urusova, in the courtyard of the hospital in the village of Moskovsky, Ust-Dzhegutinsky district, personally handed over 30,000 rubles to A.A. Shakhnazarov for transfer to the investigator.
• The transfer by A.A. Shakhnazarov of the money received from N.Kh. Urusova to the investigators of the investigative group of the Directorate of the Prosecutor General's Office of the Russian Federation in the North Caucasus was not confirmed.
• Thus, A.A. Shakhnazarov, by his intentional actions, through fraud, stole money in the amount of 30,000 rubles from citizen N.Kh. Urusova, causing her significant material damage.
• By his actions, A.A. Shakhnazarov committed a crime provided for by paragraphs "b", "g" of part 2 of Article 159 of the Criminal Code of the Russian Federation—fraud, that is, the theft of someone else's property by deceit and abuse of trust, committed repeatedly, causing significant damage to a citizen.

Resolution

Based on the above and guided by Articles 171 and 172 of the Code of Criminal Procedure of the Russian Federation,

RESOLVED

• To bring Andrei Adolfovich Shakhnazarov, born July 27, 1964, a native of Ashgabat, Turkmen SSR, as an accused in this criminal case, charging him with committing a crime provided for by Article 159, part 2, paragraphs "b", "g" of the Criminal Code of the Russian Federation, and to notify him of this.

Senior Investigator of the Investigative Department at the Ministry of Internal Affairs of the KChR [signature] I.P. Chotchaev.

This resolution was announced to me on November 25, 2003, at 10:55 AM, its text read personally by Me (read personally or aloud by the investigator)

The essence of the charge has been explained. At the same time, the rights provided for by part four of Article 47 of the Code of Criminal Procedure of the Russian Federation were explained to me, namely:

1. to know what I am accused of,
2. to receive a copy of the resolution to bring me as an accused, a copy of the resolution on the application of a preventive measure against me, a copy of the indictment or the charging act.