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How many lives have been ruined by such "justice" in modern Russia, for the profit of federal or regional authorities on personal, political or economic pretexts to aid the seizure of efficient and effective private property? This can happen to serve the interests of the security and law-enforcement bodies and a court, including as a result of corruption. How many more of our citizens must be crushed beneath the weight of yet another authoritarian regime before we finally learn this simple lesson? And what must be done to ensure it never happens again? In the time of our generation alone, thousands of victims of political repression have been rehabilitated by the courts - the overwhelming majority of them posthumously. The answers will not be found in our political and legal textbooks. These are questions which each and every one of us must answer for ourselves, for on that answer depends the kind of country in which our children and grandchildren will live. Olga Kudeshkina AppendicesAppendix 1 Procuracy General To the President of the Russian Federation, Mr V.V. Putin Esteemed Vladimir Vladimirovich! In compliance with your instruction, the Procuracy General of the Russian Federation has examined information set out in a letter from Governor of Novgorod Region Mr M.M. Prusak about breaches of legislation committed during the sale of shares in the company OAO Apatit. The governor's submission was that an amicable agreement concluded between the Russian Federation Property Fund and the company ZAO Volna on the payment of a sum of money in damages regarding the non-return of OAO Apatit shares was detrimental to the state interest. It has been established in the course of investigation that a ruling by the appellate board of the Court of Arbitration in Moscow of 12.02.98 to dissolve a contract concluded with ZAO Volna on the outcome of an investment tender was not executed. The Court Bailiffs Service of the Justice Directorate in Moscow halted execution in connection with its inability to recover the shares because of the absence thereof on the ZAO Volna register. The Court of Arbitration refused a request for the sequestration of third-party assets. Taking into account the above circumstances, the Russian Federation Property Fund applied to court for an order to recover from ZAO Volna the loss resulting from the shares' non-return. In the course of the judicial hearing, the company conceded the plaintiff's demands and accordingly on 19.11.2002 entered into amicable settlement that was on the same day endorsed by the Court of Arbitration. In the opinion of Mr M.M. Prusak and of other persons who have approached the Procuracy General, the amount agreed in damages was artificially low, wherein lies the detriment to the state interest. In view of the fact that it is not within the competence of the Procuracy General of the Russian Federation to determine a market value for the package of OAO Apatit shares, to quantify the loss sustained, or to assess the economic desirability of the amicable settlement in general, a letter was sent to the chairman of the Russian Federation Government, Mr M.M. Kasyanov, suggesting that the interested ministries and agencies carry out an economic analysis of the settlement and also assess the existence and extent of losses. Letters with similar requests were also sent by the Procuracy General of the Russian Federation to the Ministries of Finance, Natural Resources, Industry and Science, and Economic Development.
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