Statements made by Alexey Dobrynin to the article ‘Co-owner of Ulmart will pay 25,000,000 of roubles for freedom. The court released Dmitry Kostygin out on bail’. Fontanka.ru, 12 November 2018
Smolninsky District Court did not maintain home detention of the co-owner of Ulmart Dmitry Kostygin and applied to him a measure of restraint in the form of a bail in amount of 25,000,000 of roubles. ‘The judge has taken into account the entrepreneur’s good conduct and pointed out that arguments of prosecution justified the necessity of home detention were not relevant at the moment,’ the entrepreneur’s representative reported to Fonranka on the 12th of November.
‘The Court rejected the request of Public Prosecution Service of Saint Petersburg to maintain the term of home detention for Mr. Kostigin. There were three main arguments: the first was that the Prosecution Service did not justify an extraordinary complexity of the criminal case, while it is required by Article 109 of the Criminal Procedure Code of the Russian Federation when the term of home detention is going to be extended for more than six months; the second was that during the term of home detention Mr. Kostygin did not violate the imposed measure of restraint or any restrictions fixed by the judgment; and the last one (and the most important) was that the Court considered the fact that Dmitry did not try to hide out or interfere with the witnesses within the period of two months after revocation of the measure of restraint in the form of home detention. Hence, the Court judged in favour of a bail,’ Alexey Dobrynin, partner of the Pen & Paper Attorneys-at-Law and Mr. Kostygin’s advocate, stated in the interview to Fontanka.
The bail in amount of 25,000,000 of roubles will be provided by the confectionary enterprise Lyubimiy Kray where Mr. Kostygin also has his interest as the shareholder.
Prior to that, the entrepreneur had spent for nearly a year under the home detention. A loan in amount of 1,000,000,000 of roubles obtained from Sberbank for the development of Ulmart business had become the cause for initiation of the criminal case. The Company itself has been surviving through the corporate conflict for three years. The bankruptcy proceedings have been initiated against one of the Ulmart subsidiaries and an observation procedure has been introduced in three of them.
According to Dmitry Kostygin’s representative, being released from home detention the entrepreneur will use his best efforts to resolve the Ulmart conflict, including issues of relations between the Company and its creditors. ‘We expect all the shareholders of the Internet retailing Company, and Michail Vasinkevich, his managers and directors from A1 amount them, to assume the same attitude,’ pointed out the entrepreneur’s representative.
Aleksey Dobrynin, partner, head of the attorneys at law Pen & Paper criminal-legal practice