An Acquittal for the Deputy Minister
The Deputy Minister of Ecology of the Chelyabinsk Region was acquitted in the case of abuse of official powers.
August 8, 2024 | INTELLECT
In July 2024, attorney Konstantin Akulich, Counsel at INTELLECT, successfully defended an acquittal verdict in the case of Vitaly Bezrukov, Deputy Minister of Ecology of the Chelyabinsk Region. The official was accused of exceeding his authority, but he did not admit guilt. Initially sentenced to three years in prison, it was only after Konstantin Akulich intervened at the appellate stage that the defendant was acquitted.
The incident that led to the criminal case occurred in Chelyabinsk in early August 2020. Due to the lack of wind, industrial emissions settled over the city, with phenol levels in the air exceeding the permissible limit by 16.7 times. To address the environmental situation and highlight the regional government's efforts, Vitaly Bezrukov proposed combining an inspection of the Chelyabinsk Electrometallurgical Plant (ChEMP) to assess its emission reduction measures with a press tour. The governor approved the idea, and the deputy minister invited journalists to visit the plant. Following the visit, several media outlets reported that no environmental violations were found at the plant.
Based on investigative materials from the Department of Economic Crimes and Anti-Corruption, the Investigative Committee of the Russian Federation for the Chelyabinsk Region initiated a criminal case in 2021 against the official for exceeding his authority by allegedly informing the plant's management about the upcoming inspection. The deputy minister was detained and brought to court with a request to impose pretrial detention. However, the court opted for a different preventive measure — a prohibition on certain actions.
A year later, the criminal case was sent to court for trial on the merits. The prosecution alleged that the official:
- Knew that the phenol emissions were caused by ChEMP but took steps to create a positive media image of the enterprise because of his friendship with its owner;
- Did not have the authority to inspect ChEMP, as the plant falls under federal environmental oversight, yet exceeded his authority by conducting the inspection;
- Failed to document administrative violations, which allegedly led to severe consequences, including environmental pollution, violation of residents' rights to a favorable environment and access to information, absolution of the guilty party, and discrediting the Government of the Chelyabinsk Region.
The defense attorneys representing Vitaly Bezrukov in the first-instance court focused on proving the following facts:
- ChEMP had no connection to the emissions, and all the information published in the media was accurate;
- There was no intent to exceed authority in the deputy minister's actions, as he was carrying out assignments from his superiors.
The Government of the Chelyabinsk Region, listed as the victim in this case, supported the defense.
Nevertheless, in July 2023, the Kalinin District Court of Chelyabinsk found Vitaly Bezrukov guilty of exceeding his authority. The qualifying factor of "causing severe consequences" was excluded due to lack of evidence, and the court sentenced him to three years in a general-regime penal colony. The official was taken into custody in the courtroom.
*Chelyabinsk Electrometallurgical Plant (ChEMP).
Our comment:
Konstantin Akulich, Counsel at INTELLECT and attorney:
Konstantin Akulich, Counsel at INTELLECT and attorney, took over the case at the appellate stage. Given the complexity and convoluted nature of the charges, he narrowed the defense to two key points:
- Vitaly Bezrukov had the authority to inspect enterprises but only for a limited range of issues and under two conditions: during adverse meteorological conditions and with the consent of the inspected party;
- During the inspection, the deputy minister could not and was not required to document administrative violations, as this falls under the jurisdiction of Rosprirodnadzor (Federal Service for Supervision of Natural Resource Usage), not the regional Ministry of Ecology.
Following the appellate review, the Chelyabinsk Regional Court acquitted Vitaly Bezrukov. However, the prosecution did not relent: during a hearing at the Seventh Cassation Court of General Jurisdiction in July 2024, the prosecutor demanded the annulment of the appellate verdict, calling it biased, unjust, and non-compliant with the Criminal Procedure Code. Thanks to the professionalism of attorney Konstantin Akulich, who built a strong defense line and gathered all necessary evidence of the client's innocence, the cassation court upheld the acquittal without changes.
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