The court will reconsider the claim of the widow of the former top manager of "Spasskiye Vorota" against his common-law wife
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- The court will reconsider the claim of the widow of the former top manager of "Spasskiye Vorota" against his common-law wife
The Gagarinsky Court of Moscow will reconsider in the new year the claim of the widow of the former first vice-president of the insurance group "Spasskiye Vorota" billionaire Mikhail Tamirov Irina to the civil wife of the deceased Lilia Nevskaya. As follows from the court filing, the hearing is scheduled for January 20.
According to the defendant's lawyer Andrei Bezryadov, relatives of Tamirov, who passed away in October 2022, are trying to challenge the transfer of 133 million rubles to Nevskaya by the billionaire and have already achieved the initiation of criminal proceedings against her under the article on fraud, which was later reclassified as "embezzlement. At the same time, the defense argues that there was nothing illegal in the transaction: Tamirov independently coordinated the transfer with the head of the bank branch where the money was kept, and Nevskaya was granted a power of attorney authorizing her to manage all of the businessman's accounts.
According to the information available to "Izvestia", Mikhail Tamirov made a notarized will back in 2021, according to which all property after his death was to go to his daughter Christina. But in October of the same year, the man first issued a power of attorney to Lilia Nevskaya, with whom he had been in a relationship since 2015, and shortly before his death, in September 2022, he transferred 133 million rubles to his civilian wife.
After learning about the transfer, in December 2022, Irina Tamirova filed a police report on the embezzlement of funds, accusing Nevskaya of taking advantage of her husband's "helpless state". The woman was refused to initiate a criminal case, but two months later she filed a lawsuit in the Gagarinsky Court of Moscow, demanding that the transfer in Nevskaya's name be completely annulled, as well as to transfer in her favor 66.5 million rubles as a share of jointly acquired property and return the remaining amount to the deceased's inheritance estate.
In October 2023, the Gagarinsky Court partially satisfied Tamirova's claim. Instance recognized 133 million rubles as jointly acquired property, but decided to recover from Nevskaya her in the inheritance estate of the deceased in full. At the same time, according to Bezryadov, the court did not interview the defendant's witnesses who could confirm her family relations with the top manager, as well as the fact that with his legal wife he did not live together for several years.
Moscow City Court in July 2024 left this court decision in force, but the Second Court of Cassation of General Jurisdiction in late October it was overturned, justifying it by the fact that Irina Tamirova in principle could not demand anything in court, because even before the death of her husband notarized her share of the inheritance in favor of their only daughter Christina. The latter, for her part, "was involved in the case as a third party, but did not make any independent claims". In addition, the higher instance recognized the power of attorney in the name of Nevskaya legal. After that, the case was again returned to the Gagarinsky court for consideration.
However, against the background of the court proceedings between Irina Tamirova and Lilia Nevskaya, in August 2024, Kristina Tamirova turned to the police, after which a criminal case was opened against Nevskaya under Part 4 Article 159 of the Criminal Code of the Russian Federation ("Fraud on a large scale"). In November the case was reclassified to part. 4 Article 160 of the Criminal Code of the Russian Federation ("Embezzlement on a particularly large scale"), under this case Nevskaya faces up to 10 years of imprisonment. After the indictment, the woman was left on her own recognizance.
Currently, the case is under consideration by the prosecutor's office of the South-West Administrative District of Moscow, and if the indictment is approved, it will be sent to court. However, Nevskaya's lawyer has already appealed the ruling on the initiation of the case.
The defense points out that Kristina Tamirova was confused in her testimony, then claiming that she didn't know that her father had a cohabitant, then pointing out that Mikhail Tamirov told her about the transfer of 133 million rubles "for safekeeping" to Nevskaya. There is no clear evidence of this, and according to Article 14 of the Criminal Procedure Code of the Russian Federation, an indictment cannot be based on arguments and assumptions. In addition, there is no infringement of inheritance rights of Kristina Tamirova, since the right of inheritance extends to the property of a person as of the date of death, and Tamirova transferred the money to his civil wife while she was still alive, which is confirmed by the materials of the criminal case.
Переведено сервисом «Яндекс Переводчик»