Mitvol is challenging the recovery of damages in a criminal case in the Constitutional Court.

The defense of former Senator and ex-Deputy Minister of Natural Resources Oleg Mitvol has filed a complaint with the Constitutional Court of the Russian Federation demanding to verify the norms of the Civil and Criminal Procedure Codes. According to the lawyers, these rules allow civil claims to be recovered in the framework of simplified proceedings under a "pre—trial cooperation agreement" - without a full examination of the evidence. This was reported to Izvestia by lawyer Mikhail Sholokhov.

In the complaint, which is at the disposal of Izvestia, Mitvol points to an alleged violation of his constitutional rights to a fair trial. During the investigation, he concluded a pre-trial cooperation agreement, which led to the case being considered in a special manner. As part of the criminal case, two civil claims for damages were filed against Mitvol. The applicant petitioned the court to dismiss these claims without consideration, pointing to an incorrect calculation of the damage, but the court refused to do so.

In his complaint to the Constitutional Court, Mitvol argues that the conclusion of a pre-trial cooperation agreement concerns only public law (criminal) liability and does not automatically mean recognition of the amount of civil damage. Mitvol asks the court to recognize the contested norms as inconsistent with the Constitution of the Russian Federation in the framework of a special criminal case under a pre-trial cooperation agreement.

Mitvol is currently serving his sentence in a penal colony in the Moscow region, where he also disputes the actions of the institution's administration regarding the conditions of detention.

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Mitvol was sentenced in September 2023 by the Zheleznodorozhny District Court of Krasnoyarsk to 4.5 years in prison for embezzlement of more than 900 million rubles allocated for the construction of the metro in Krasnoyarsk. The Board of Directors of Krasnoyarsk Trust of Engineering and Construction Surveys (TISIZ), headed by him, was involved in the project. In the spring of 2024, the Krasnoyarsk Regional Court upheld the verdict.

Later, the court refused Mitvol's early release. As the convict himself explained during the meeting, his salary in the correctional institution is 15 thousand rubles. With such an income, it would take him an extremely long time to fully repay the damage exceeding 900 million rubles.

The court also refused to commute Mitvol's sentence. The lawyer of the ex-official pointed out that during the time of serving his sentence, Mitvol was not brought to disciplinary responsibility, repented, and also received one encouragement. However, the court refused to grant the petition, which was also not supported by the prosecutor.

All important news is on the Izvestia channel in the MAX messenger.